Maternity Benefit Rules

Hi Friends,

I refer to Maternity Benefit rules of Maharashtra wherein rule no. 15 says that

return in Form 11.

Now can we know who is the competent autority under this rules or act?

Regards
CS Mukesh Tank

Hi Mukesh,
I think shop and establishment department from where your company gets Lisence every year can help on this. Because it might be mentioned in this act as well, I will check and revert to you, thanks for this question it will help me as well.
Regards,
Jitendra

Competent Authority for almost all labor laws compliance is the Dy. Labor Commissioner
regards,
Kamal

Dear Mukesh,
Mr kamal Prasoon is totally right. See section 2 of the rules which has the definition of Competent Authority. For you i am reproducing here the definition of Competent given in the rules:-
2[(b) “Competent Authority” means the Chief Labour Commissioner (Central);]
Hope the above resolves the query.

Hi Mukesh,

I would like to add something for your conception.

The point who is the competent authority will be decided on the basis of nature of the establishment.

Please refer to Sec. 3 (a) of the Act for definition of the Appropriate Government, which reads as follows:

"Appropriate Government means in relation to an establishment being a mine or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances the Central Government and in relation to any other establishment the State Government” .

Now you are refering to Maharashtra Rules. I am not sure whether the state rule will be applicable or central.

If the state rule is applicable then you have to find the definition of the competent authority there.

In case the central govt. is the appropriate govt. then the central rule will be applicable, where the Chief Labour Commissioner (Central) is the competent authority.

This is a simple but common mistake we all do.

try to remember this law point. It will give you some good return.

Subject- Maternity Benefit
Respected All,
Can you tell me that how many employees are necessary for Maternity.
with Regard's
Bijendra Singh

Dear Mr. Saikat Dhar,

The query of Mukesh was about the Competant Authority and not about the Appropriate Govt as mentioned by you. Competant Authority and Appropriate Govt are totally different positions. Appropriate govt. means a persons or a body authorise by the constitution to legislate and enact a law.

Competant Authority means a person or a body authorise to supervise the implementation of the law.

Under Maharashtra Maternity Benefit rules DLC is the competant authority because we file all returns to its office.DLC is the end as competant authority to directly supervise the implemenataion of labor acts.

Labor Laws in India - Basic Facts

Under the Constitution of India, Labor welfare is a subject in the Concurrent List where both the Central & State Governments are competent to enact legislation subject to certain matters being reserved for the Centre.

Constitutional Status of Labour Jurisdiction :

Union List

Entry No. 55 : Regulation of labour and safety in mines and oil fields

Entry No. 61: Industrial disputes concerning Union employees

Entry No.65: Union agencies and institutions for "Vocational ...training..."

Concurrent List

Entry No. 22 : Trade Unions; industrial and labor disputes.

Entry No.23: Social Security and insurance, employment and unemployment.

Entry No. 24: Welfare of abour including conditions of work, provident funds, employers 'invalidity and old age pension and maternity benefit.

Labor welafre being in the conurrent list majority of the States have also legistated their own Maternity Benefits Rules.

Delegation of Power:

Under any law only one post/office is designated as Competant Authority but it does not mean that the designated office will directly supervise the asigned responsibilites including accepting returns.

A single office of Chief Labour Commissioner (Central) can not supervise the asigned responsibilites all over India. So the Govt delegate such responsibilities and powers to other offices also and the same is notified in the official gazzatte.

Chief Labour Commissioner (Central) is not a one man office. It is an organization in itself also known as Central Industrial Relations machinery (CIRM).

Chief Labour Commissioner (Central) is divided into 18 regions each headed by a Regional Labour Commissioner (C) with Headquarters at Ajmer, Ahmedabad, Asansol,Bangalore, Bombay, Bhubaneshwar, Chandigarh, Cochin, Calcutta,Gwahati, Hyderabad, Jabalpur, Madras, New Delhi, Patna, Nagpur,Dhanbad and Kanpur.

Below Regional Labour Commissioner (C) are Assistant Labour Commissioner (Central) and Labour Enforcement Officer to directly supervise the implemenataion of labor acts.

Kamal,
you are correct about his asking.
I replied in that line only. What i want to say is that in order to identify the Competent Authority, you have to identify the Appropriate govt first and then only you can identify the competent authority.
In case you have any confusion please dont hesitate to contact.