Dear Ms. Savita,
Motherhood is a moment to cherish and delight. It is considered as a blessing from the God.. Please accept my congratulations first.
Now lets come to your Query... First we see if your principle place is covered under Maternity Benefit Act or Not..
Being a Cantonment hospital it is an establishment belonging to Government. So as per Section 2 Application of Act, it is well covered under the Act. Please see the Section Below:
2. Application of Act.- (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) Save as otherwise provided in 7*[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.
So as per the above Section if you are not already covered under ESI Act, your Establishment is comfortably covered under the Maternity Benefit Act. Now we see what is the definition of Employer as per the Act
(d) "employer" means--
(i) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;
(ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;
(iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
So there also seems no problem which would disentitle you from getting benefit under the act. Finally we see who is entitled to receive Benefit under this Act and whether you are covered under it or not. This Act applies to Woman and the definition of Woman is given under Section 2 (O) of the Act. The section is reproduced below.
(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
So as per the all definitions you are covered under the Act. Show this to your Immediate Employer (i.e. Contractor) and tell them that you are eligible for the benefit under the act and if they do not respond please contact the chief officer of the Hospital as per the definition of employer above. You are very well covered and eligible for the benefit of maternity for sure.
Hope you got what you wanted. Feel free to revert in case of any doubt.
From India, New Delhi
314Motherhood is a moment to cherish and delight. It is considered as a blessing from the God.. Please accept my congratulations first.
Now lets come to your Query... First we see if your principle place is covered under Maternity Benefit Act or Not..
Being a Cantonment hospital it is an establishment belonging to Government. So as per Section 2 Application of Act, it is well covered under the Act. Please see the Section Below:
2. Application of Act.- (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) Save as otherwise provided in 7*[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.
So as per the above Section if you are not already covered under ESI Act, your Establishment is comfortably covered under the Maternity Benefit Act. Now we see what is the definition of Employer as per the Act
(d) "employer" means--
(i) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;
(ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;
(iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
So there also seems no problem which would disentitle you from getting benefit under the act. Finally we see who is entitled to receive Benefit under this Act and whether you are covered under it or not. This Act applies to Woman and the definition of Woman is given under Section 2 (O) of the Act. The section is reproduced below.
(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
So as per the all definitions you are covered under the Act. Show this to your Immediate Employer (i.e. Contractor) and tell them that you are eligible for the benefit under the act and if they do not respond please contact the chief officer of the Hospital as per the definition of employer above. You are very well covered and eligible for the benefit of maternity for sure.
Hope you got what you wanted. Feel free to revert in case of any doubt.
From India, New Delhi
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