MBA 26 — Power lo exempt establishments

Maternity Benefit Act, 1961

Statutory text

If the appropriate Government is satisfied that having regard to an establishment or a class of establishments providing for the grant of benefits which are not less favourable than those  1 Subs. by Act 61 of 1988, Section 10 (w.e.f. 10-1-1989). 2 Subs. by Act 61 of 1988, Section 11 (w.e.f. 10-1-1989).  THE MATERNITY BENEFIT ACT, 1961  provided in this Act, it is necessary so to do, it may, by notification in the Official Gazette, exempt, subject to such conditions and restrictions, if any, as may be specified in the notification, the establishment or class of establishments from the operation of all or any of the provisions of this Act or of any rule made thereunder. CASE LAW The appropriate Government on being satisfied with regard to grant of a benefits, has the power to exempt an establishment or a class of establishment, i.e. hospitals, nursing homes and dispensaries, from the operation of all or any of the provisions of the Act, And this exemption will remain in force as long as it has not been cancelled by further notification; Thomas Eapen v. Assistant Labour Officer, 1993 LLR 800 (Ker).

Back to MBA