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Indian Law/maternity benefit act

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Question
QUESTION: I am a company secretary of a private limited compnay having less than 10 employees and i am expected to deliver my second child in the month of february 2012.

Can i avail the benefits of the maternity benefit act.

ANSWER:  The Maternity Benefit Act,1961 covers all women employees either employed directly or through contractor employed in mines, factories, plantations and also in other establishments,provided the State Government so decides.  

Conditions for eligibility of benefits
Women indulging temporary of unmarried are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery.

For further details, you may consult your HR Dept.


---------- FOLLOW-UP ----------

QUESTION: I am still in a confusion and there are basically only two points which should be cleared:
1. is maternity benefit act is applicable to a company registered under companies act 1956

2. if applicable than what about if no of employees is less than 10.

My HR dept has niether any views nor has any policy on that. Please guide me and if you have any case law in support pls provide. It would be a great help for me

Answer
The Maternity Benefit Act,1961 covers all women employees either employed directly or through contractor employed in mines, factories, plantations and also in other establishments,provided the State Government so decides.  

The Act is applicable to other establishments (coming under the purview of Shops and Commercial Establishments Act) only,if it engages/engaged  10 or more employees on any day of the preceeding 12 months.

However,women who are covered by ESI Act are not covered by this Act.

In view of the above,the Act is certainly applicable to a Pvt. Ltd. Company registered under the Companies Act,1956 provided it engages/engaged  10 or more employees on any day of the preceeding 12 months and ESI Act is not applicable to it.

There is no ambiguity in this regard because the Act is very specific about it.

Indian Law

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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