Are Delhi Maternity Benefit Rules 1972 Relevant for Shops and Establishments? Seeking Guidance

Hi Folks, kindly help me with the query mentioned below.

Delhi Maternity Benefit Rules 1972

1. Does anyone have the Delhi Maternity Benefit Rules 1972? Please share the copy and source of the file.
2. Are the Delhi Maternity Benefit Rules 1972 applicable to shops and establishments? Is it mandatory to maintain any return registers? In the rules, point 2 mentions, “They extend to the whole of the Union Territory of Delhi and shall apply to establishments registered under the Factories Act, 1948, wherein women workers are employed.” Kindly help me.

Regards, Khushal Sharma [Phone Number Removed For Privacy-Reasons]

There is no separate State Legislation as "Delhi Maternity Act," but only the Maternity Benefit Act, 1961, a Central Act extended to the Union Territory of Delhi, and the Rules framed by the State are in force in the area.

Please go through section 2 of the MBA, 1961, which deals with the application of the Act to certain specified establishments.

1) As per section 2(1)(a), it applies to every factory, mine, or plantation and establishments like circuses, irrespective of the number of people employed therein.

2) Section 2(1)(b) brings every shop or establishment within the meaning of any law employing 10 or more employees within the applicability of the Act.

3) Section 2(2) of the Act renders the Act not applicable to establishments covered by the ESI Act, 1948.

It is advisable to go through the Act and the Rules to understand the compliance part of an employer relating to all provisions.