The Maternity Benefit (Amendment) Act, 2017: Clarification on applicability of Act
Government Of India
Ministry of Labour & Employment
Sharam shakti Bhawan, New Delhi
28 August, 2017
All state Government/UT Administrators
Subject: The Maternity Benefit (Amendment) Act, 2017
Kind reference is invited to Ministry Of Labour & Employment’s earlier letter number S-36012/03/2015-SS-I dated 12.04.2017 (copy enclosed) highlighting the recent amendments made to the Maternity Benefit Act,1961. The Ministry had also clarified therein certain points of doubts to facilitate smooth implementation of the provisions of the said Act, specially in respect of coverage of contractual workers under the Act.
2. This Ministry in the recent past have been receiving a number of complaints and grievances from working women stating non-implementation of the provisions of the M.B.Act, including alleged dismissal of few women by the employers in violation of section 12 of the said Act, non coverage of contractual employees, etc. The Hon’ble National Commission for women has also taken serious view of such denial of rights of working women.
3. This Ministry would, therefore, urge all the State/UT Labour Commissioners (which is the implementing authority under the M.B.Act) to effectively enforce the provisions of M.B.Act, and take strict punitive action against defaulting employers end ensure that the provisions of the statute are implemented in true spirit and letter to protect the rights of working women enshrined in the Act.
(Manish Kumar Gupta)
Joint Secretary, Govt of India
Source : Ministry of Labour & Employment