Dear All,
Can you provide me an authentic opinion on whether the Maternity Benefit Act is applicable to private educational institutes for teaching female staff? Or is there any local court/high court/supreme court ruling on this matter?
From India, Vadodara
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2Can you provide me an authentic opinion on whether the Maternity Benefit Act is applicable to private educational institutes for teaching female staff? Or is there any local court/high court/supreme court ruling on this matter?
From India, Vadodara
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Find out whether your state government has declared private educational institutions within the meaning of the Shops and Commercial Establishment Act of your state. If so, it will apply.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Mr. Varghese Mathew,
The educational institutions within the meaning of the Bombay Shops and Establishment Act, as declared by the Gujarat government, are exempted under section 4 of the act. However, they are required to comply with all provisions of the act. Therefore, my question still stands.
Regards
From India, Vadodara
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The educational institutions within the meaning of the Bombay Shops and Establishment Act, as declared by the Gujarat government, are exempted under section 4 of the act. However, they are required to comply with all provisions of the act. Therefore, my question still stands.
Regards
From India, Vadodara
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KN Modi I am from Trivandrum.Hence not sure about GO’s of Gujarat Govt under MB Act. You better check the matter with any Labour Law consultant in Gujarat. Varghese Mathew
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Hi KNmodi,
According to the Maternity Benefit Act, every woman employee will be covered under the Maternity Benefit Act. Educational institutions are covered under the State Shops and Commercial Establishment Act. All services/employment covered under the Maternity Benefit Act of 1961. If you are from Maharashtra, please refer to the attachment.
I hope your query will not arise. In case it does, please lodge a complaint using Form No. 6 & 7, which can be sent to the Labour Inspector.
From India, Mumbai
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According to the Maternity Benefit Act, every woman employee will be covered under the Maternity Benefit Act. Educational institutions are covered under the State Shops and Commercial Establishment Act. All services/employment covered under the Maternity Benefit Act of 1961. If you are from Maharashtra, please refer to the attachment.
I hope your query will not arise. In case it does, please lodge a complaint using Form No. 6 & 7, which can be sent to the Labour Inspector.
From India, Mumbai
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HI, Not only Maharashtra all the states and Every Employment women covered under maternity Benefit Act, So don’t think much go ahead.
From India, Mumbai
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From India, Mumbai
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Mr. Ravi5554,
I am talking about the MB Act of 1961. The attachment you provided me is not clear about the MB Act. I have raised a complaint in Form 6 before the Inspector of the Labour Department, Government of Gujarat. However, he has set aside my complaint, stating that the institute is not covered under the Shops and Establishments Act. That is, establishments engaged in educational activities are exempted from complying with all provisions of the act under Section 4 of the Bombay Shops and Establishment Act. Therefore, you are not eligible for that. In this case, what should I do henceforth?
Regards.
From India, Vadodara
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I am talking about the MB Act of 1961. The attachment you provided me is not clear about the MB Act. I have raised a complaint in Form 6 before the Inspector of the Labour Department, Government of Gujarat. However, he has set aside my complaint, stating that the institute is not covered under the Shops and Establishments Act. That is, establishments engaged in educational activities are exempted from complying with all provisions of the act under Section 4 of the Bombay Shops and Establishment Act. Therefore, you are not eligible for that. In this case, what should I do henceforth?
Regards.
From India, Vadodara
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If educational institutions are not considered as establishments under the relevant Act for MB Act, as stated by the labor inspector, you cannot do anything unless you are covered under the ESI Act.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Dear Modi,
Please refer to Sec. 2(1)(b) of the Maternity Benefit Act, 1961. We are aware that the Employees' Provident Fund Act is already applicable to all educational institutions employing more than 20 employees. Therefore, the condition stipulated in sub-clause (b) - i.e., an educational institution being an establishment under the EPF Act 1952 - stands automatically fulfilled, and hence there is no need for any separate notification in this regard.
Thank you.
From India, Salem
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Please refer to Sec. 2(1)(b) of the Maternity Benefit Act, 1961. We are aware that the Employees' Provident Fund Act is already applicable to all educational institutions employing more than 20 employees. Therefore, the condition stipulated in sub-clause (b) - i.e., an educational institution being an establishment under the EPF Act 1952 - stands automatically fulfilled, and hence there is no need for any separate notification in this regard.
Thank you.
From India, Salem
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Creche under Maternity Benefit Act.pdf
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