Section 2 of THE MATERNITY BENEFIT ACT, 1961
4[(1) It applies, in the first instance,—
- (a)to every establishment being a factory, mine or plantation including any such establishment belonging to 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)
5[Save as otherwise provided in
6[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.
Summary
- Section 2 identifies the exact types of workplaces, such as factories and plantations, that are legally required to follow the maternity rules.
- It applies immediately to every factory, mine, and plantation.
- Establishments owned by the Government are explicitly included.
- Places employing people for acrobatic, equestrian, and similar performances are also covered.
- State Governments can expand the law to other businesses, like commercial shops, by giving two months of notice and getting Central Government approval.
- Workplaces already covered by the Employees State Insurance Act, 1948 are generally excluded, except for a few specific situations detailed later in the law.
Practical examples
FAQ
1. Does Section 2 of the Maternity Benefit Act, 1961 cover government-owned factories?
Yes, Section 2 of the Maternity Benefit Act, 1961 explicitly includes establishments belonging to the Government if they are a factory, mine, or plantation.
2. How can new industries be added under Section 2 of the maternity protection law?
Under Section 2 of the Maternity Benefit Act, 1961, the State Government can declare other establishments applicable after giving at least two months of notice and getting Central Government approval.
3. Are places already covered by the ESI Act included in Section 2 of the Maternity Benefit Act, 1961?
Generally, no. Section 2 of the Maternity Benefit Act, 1961 states it does not apply to establishments covered by the Employees State Insurance Act, 1948, except as provided in Sections 5A and 5B.
Test yourself
Q1.According to Section 2 of the Maternity Benefit Act, 1961, how much notice must a State Government give before applying the act to a new class of establishments?
Q2.Under Section 2 of the Maternity Benefit Act, 1961, whose approval is needed for a State Government to extend the act to agricultural establishments?
Q3.Which law generally blocks the application of the maternity rules according to Section 2 of the Maternity Benefit Act, 1961?
Q4.Connecting Section 1 and Section 2 of the Maternity Benefit Act, 1961, if a new acrobatic circus opens, who handles its notification and does the act apply?