There is the opinion that the Maternity Benefit Act, 1961 and its amended version of Maternity Benefit (Amendment) Act, 2017 is strictly applicable ONLY to employees of those institutions which are either administered by the Government or are funded by the Government or of semi- governmental nature. As per this opinion it is not anywhere clearly mentioned in the 1961 Act itself that it is applicable equally to purely private institutions!
Can anyone of our legal experts show clear reference in the 1961 Act where it is mentioned that it is equally applicable to Government and purely private sector. Especially is there anywhere it is mentioned that the purely private sector institutions are bound to give its employees six months leave with pay (as per the Amended Act). Or is it enough for the private sector to grant the leave, but without pay.
If the Act insists that the leave should be with pay the private institution will have to pay twice for the same amount of work; as the employer has to find out a substitute and pay her till the person on leave rejoins. And at the same time he has to pay also for the one who enjoys the six month's leave.
Xavi.