Applicablity of Delhi Maternity benefit rules 1972 on Shops and Establishment

sharma.khushal22@gmail.com
Hi Folks,
Kindly help me as mentioned below query.
1. Anybody have Delhi Maternity benefit rules 1972 please share the copy and source of file.
2. Is Delhi Maternity benefit rules 1972 applicable on Shop and establishment? Any return registers is mandatory to maintain? In the rules title point 2 mentioned “They extend to the whole of the Union Territory of Delhi and shall apply to the establishment registered under the Factories Act, 1948 wherein women workers are employed” kindly help me.
Regards
Khushal Sharma
9871034622
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umakanthan53
Dear Kushal,

There is no such 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 is 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 establishment like circus irrespective of the no of people employed therein.

2) Section 2(1)(b) brings every shop or establishment within the meaning of any law employing 10 or more no of employees within the applicability of the Act.

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

Better go through the Act and the Rules so as to understand the compliance part of an employer relating to all provisions
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