Hi, I'd like to know if the Maternity Benefits Act applies to unregistered partnerships in India. I have been working in an unregistered partnership for a year now. I would like to know if my employer is liable to give me the due maternity benefits, as per the MB Act, 1961. Would really appreciate help here.
Thanks!
From India, Meerut
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Thanks!
From India, Meerut
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Yes, your employer is liable to provide the due maternity benefits as per the provisions of the Maternity Benefit Act, 1961. However, to avail of the same, you must have served the company for a minimum period of 70 days in a year.
From India, Gurgaon
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16From India, Gurgaon
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Dear Shivi, As per Section 2 of the Act, the applicability is given below:
Application of Act
2. Application of Act. (1) It applies, in the first instance,
- (a) to every establishment being a factory, mine, or plantation, including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
- (b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:
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 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.
(2) Save as otherwise provided in sections 5A and 5B, nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.
Comments
(i) The word "establishment" has a wide meaning and generally denotes a shop, a commercial organization, or a public institution, provided that they are not specifically exempted by the appropriate government from the applicability of the Act; Thomas Eapen v. Assistant Labour Officer, 1993 LLR 800 (Ker).
(ii) A corporation that has employed more than a thousand women employees should have been brought within the purview of the Act so that the maternity benefits contemplated by the Act could be extended to the women employees of the Corporation; Municipal Corporation of Delhi v. Female Workers (Muster Roll), AIR 2000 SC 1274.
So, we have to see if your employer has employed 10 or more people in the preceding 12 months on any given day or not at the first instance. Secondly, if not, the other factor would be to see if the government has issued any notification to cover an establishment such as yours.
Please keep in mind any of the above-mentioned criteria.
Regards
From India, New Delhi
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Application of Act
2. Application of Act. (1) It applies, in the first instance,
- (a) to every establishment being a factory, mine, or plantation, including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
- (b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:
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 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.
(2) Save as otherwise provided in sections 5A and 5B, nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.
Comments
(i) The word "establishment" has a wide meaning and generally denotes a shop, a commercial organization, or a public institution, provided that they are not specifically exempted by the appropriate government from the applicability of the Act; Thomas Eapen v. Assistant Labour Officer, 1993 LLR 800 (Ker).
(ii) A corporation that has employed more than a thousand women employees should have been brought within the purview of the Act so that the maternity benefits contemplated by the Act could be extended to the women employees of the Corporation; Municipal Corporation of Delhi v. Female Workers (Muster Roll), AIR 2000 SC 1274.
So, we have to see if your employer has employed 10 or more people in the preceding 12 months on any given day or not at the first instance. Secondly, if not, the other factor would be to see if the government has issued any notification to cover an establishment such as yours.
Please keep in mind any of the above-mentioned criteria.
Regards
From India, New Delhi
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Dear Shivi,
Application of the Act
As per Section 2 of the Act, the applicability is given below:
1. It applies, in the first instance:
- To every establishment being a factory, mine, or plantation, including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances.
- To every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months. 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 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.
2. Save as otherwise provided in sections 5A and 5B, nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.
Comments
- The word establishment has a wide meaning and it generally denotes a shop, a commercial organization, or a public institution, provided that they are not specifically exempted by the appropriate government from the applicability of the Act; Thomas Eapen v. Assistant Labour Officer, 1993 LLR 800 (Ker).
- A corporation which had employed more than a thousand women employees should have been brought within the purview of the Act so that the maternity benefits contemplated by the Act could be extended to the women employees of the corporation; Municipal Corporation of Delhi v. Female Workers (Muster Roll), AIR 2000 SC 1274.
So, we have to see if your employer has employed 10 or more people in the preceding 12 months on any given day or not at the first instance. Secondly, if not, the other factor would be to see if the government has issued any notification to cover such establishments as yours. Please keep in mind any of the above-mentioned criteria.
Thanks for the information, Mr. Kant.
1. My organization had a strength of 12 employees in February this year, and the current strength is also 10 employees. However, the strength was lesser between February and now.
2. I am not aware of any notifications that may have been issued by the government exempting establishments such as mine. However, as per my understanding of what you have mentioned, if the first condition of the strength of the organization is satisfied, unless the government has exempted any such establishments, all organizations will fall under the purview of the Maternity Benefits Act, 1961, and will be liable to provide the benefits mentioned in the act.
Please correct me if I am wrong.
Regards,
From India, Meerut
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Application of the Act
As per Section 2 of the Act, the applicability is given below:
1. It applies, in the first instance:
- To every establishment being a factory, mine, or plantation, including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances.
- To every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months. 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 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.
2. Save as otherwise provided in sections 5A and 5B, nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.
Comments
- The word establishment has a wide meaning and it generally denotes a shop, a commercial organization, or a public institution, provided that they are not specifically exempted by the appropriate government from the applicability of the Act; Thomas Eapen v. Assistant Labour Officer, 1993 LLR 800 (Ker).
- A corporation which had employed more than a thousand women employees should have been brought within the purview of the Act so that the maternity benefits contemplated by the Act could be extended to the women employees of the corporation; Municipal Corporation of Delhi v. Female Workers (Muster Roll), AIR 2000 SC 1274.
So, we have to see if your employer has employed 10 or more people in the preceding 12 months on any given day or not at the first instance. Secondly, if not, the other factor would be to see if the government has issued any notification to cover such establishments as yours. Please keep in mind any of the above-mentioned criteria.
Thanks for the information, Mr. Kant.
1. My organization had a strength of 12 employees in February this year, and the current strength is also 10 employees. However, the strength was lesser between February and now.
2. I am not aware of any notifications that may have been issued by the government exempting establishments such as mine. However, as per my understanding of what you have mentioned, if the first condition of the strength of the organization is satisfied, unless the government has exempted any such establishments, all organizations will fall under the purview of the Maternity Benefits Act, 1961, and will be liable to provide the benefits mentioned in the act.
Please correct me if I am wrong.
Regards,
From India, Meerut
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Applicability of the Maternity Benefit Act
No labor act has relevance to the constitution of the establishment. Therefore, if your establishment employs 10 persons, then the provisions of the Maternity Benefit Act will be applicable. A woman employee who has worked for at least 80 days in the 12 months immediately preceding the expected date of delivery is entitled to receive the benefits under the Act.
Regards,
Madhu.T.K
From India, Kannur
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No labor act has relevance to the constitution of the establishment. Therefore, if your establishment employs 10 persons, then the provisions of the Maternity Benefit Act will be applicable. A woman employee who has worked for at least 80 days in the 12 months immediately preceding the expected date of delivery is entitled to receive the benefits under the Act.
Regards,
Madhu.T.K
From India, Kannur
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Maternity Benefits Act 1961.pdf
Maternity Benefits Under The Maternity Benefits Act 1961.docx