Dear Jewel
Please see section 2(b) of the Maternity Benefit Act. This section says that the Maternity Benefit Act is applicable to every shop or establishment in which ten or more persons are employed or were employed on any day during the preceding twelve calendar months. The proviso to this section empowers the State Government to extend the provisions of the Maternity Benefit Act to any other establishment. In view of this
The MB Act will be applicable if the shop/establishment referred to by you employs or had employed ten or more persons during the preceding twelve calendar months. If this condition is not fulfilled, then you have to check whether the Government of the State in which the shop/establishment is situate had extended the provisions of the MB Act to shops/establishments employing less than ten persons.
With regards