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Saturday, 9 September 2017

CLARIFICATION ON THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017 DT. 28TH AUGUST, 2017

Clarification on the Maternity Benefit (Amendment) Act, 2017 Dt. 28th August, 2017

F.No-S-36012/03/2015-SS-I
Government of India
Ministry of Labour & Employment 

Sharam Shakti Bhawan, New Delhi 

28 August, 2017 

To

The Secretary,
Labour Department,
All State Governments/UT Administrators

Subject: The Maternity Benefit (Amendment) Act,2017 

Sir/Madam,

Kind reference is invited to Ministry of Labour & Employment's earlier letter number S- 36012/03/2015-SS-Idated 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 and 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. 

Yours faithfully

Sd/-
(Manish Kumar Gupta)
Joint Secretary, Govt of India 

View Clarification on M.B. (Amendment) Act, 2017

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