Is the Maternity Benefit Act, 1961 applicable to employees of establishments covered under the Maharashtra Shops and Establishments Act?
Section 38-C of the Maharashtra Shops and Establishments Act as well as the proviso to sub-section (1) of Section 2 of the Maternity Benefit Act give power to the State Government to extend the application of the Maternity Benefit Act to women employees in any establishment or class of establishments. Accordingly the State Government has extended the application of the Maternity Benefit Act to all shops, commercial establishments, residential hotels, restaurants and eating houses to which the Maharashtra Shops and Establishments Act applies but the Employees\' State Insurance Act does not apply.
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