Hi,
The Principal Act i.e. Maternity Benefit Act- 1961 states as per the section 2:-
2. Application of Act. -- (1) It applies in the first instance, to every establishment being a
factory, mine or plantation 4[including any such establishment belonging to Government
and to every establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances]:
Provided that the State Government may, with the approval of the Central Government,
after giving not less than two months’ notice of its intention of so doing, by notification In the official on In the official Gazette, declare that all or any of the provisions of this
Act shall apply also to any other establishment or class of establishments, industrial,
commercial, agricultural or otherwise.
However, as per the Maternity Benefit Amendment Act, 2017 following has been introduced about the Crèche as per the point 4:-
In the principal Act, after section 11, the following section has been inserted, namely:
“ 11 A. (1) Every Establishment having Fifty or more employees shall have the facility of crèche within such distance as may be prescribed, either separately or along with the common facilities:
Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the interval for rest allowed to her.
(2) Every Establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act”.
My question to everyone is that the creche facility applicable as per the amendment to Principal Act of MBA 1961, which was done in 2017 is applicable to all companies having more than 50 employees or only these companies which are specified under the MBA 1961:-
Every establishment being a factory, mine or plantation or circus [including any such establishment belonging to Government
and to every establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances]
Please clarify.
Regards,