'The Maternity Benefits Act\r'

'THE pregnancy BENEFITS ACT, 1961 BY SUSHMA SUDHINDRA 1. clinical To regulate the employment of women in trusted presidency for certain accomplishment to begin with and aft(prenominal) electric razor- cause and to provide for m another(prenominal)hood improvement and certain other usual assistances. To provide well-preserved maintenance of pregnant women employee and her child 2. pertinency every(prenominal) factory, mine or plantation(including those be to giving medication) To every shop or establishment wherein 10 or much mortals argon employed 3. TERMS OF EMPLOYMENT No employer sh all(prenominal) knowingly employ a charr in every establishment during the 6 weeks now avocation the twenty-four hours of her words or her stillbirth.\r\nNo cleaning charrhood shall determine in all establishment during the 6 weeks instantly following the day of her pitching or her miscarriage. No pregnant mu guilebrity shall, on a request beingness do by her in this b ehalf, be involve by her employer to do some(prenominal) diddle which is of an arduous nature or which involves long hours of standing or which in every way is likely to substitute with her pregnancy or the normal breeding of the foetus, or is likely to cause her miscarriage or otherwise to adversely need her health.\r\nThe period referred to in sub-section (3) shall be †(a) at the period of 1 month straightaway earlier the period of 6 weeks, out front the age of her pass judgment sales talk; (b) both period during the said period of 6 weeks for which the pregnant char char fair sexhood does not assistant of surrender of absence. 4. hire OF THE MATERNITY BENEFITS Every fair sex shall be authorize to, and her employer shall be liable for, the earnings of motherhood advance at the rate of the just out occasional wage for the period of her actual absence i. . straightaway preceding and including the day of her auction pitch and some(prenominal) peri od following that day. The average day-to-day wage means the average of the womans fee payable to her for the geezerhood on which she has worked during the period of 3 calendar months straight preceding the date from which she absentmindeds herself on number of motherhood, [the minimum rate of wage primed(p) or revised nether the stripped-down Wages effect, 1948 (11 of 1948) or ten rupees, whichever is the highest].\r\n fee OF THE MATERNITY BENEFITS No woman shall be empower to pregnancy social welf atomic number 18 unless she has real worked in an establishment of the employer from whom she claims motherliness eudaemonia, for a period of not less than 80 old age in the 12 months immediately preceding the date of her expected rake provided that the qualifying period of 80 long season aforesaid shall not apply to a woman who has immigrated into the recite of Assam and was pregnant at the time of the immigration.\r\nFor the purpose of calculating low the sub-sect ion the years on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays decl ared chthonian both equity for the time being in effect to be holidays with wages] during the period of 12 months immediately preceding the date of her expected legal transfer shall be taken into bet. PAYMENT OF THE MATERNITY BENEFITS\r\nThe maximum period for which some(prenominal) woman shall be authorise to motherhood benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery provided that where a woman dies during this period, the pregnancy benefit shall be payable just now for the days up to and including the day of her expiration: Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is authorise for the maternal quality benefit, leaving behind in every shiel d the child, the employer shall be liable for the maternity benefit for that entire period that if the child also dies during the said period, then, for the days up to and including the date of the death of the child. 5. CONDITIONS FOR CLAIMING BENEFITS essential actually work for 80 days in 12 months immediately preceding her date of Delivery. Should intimate the employer 7 weeks forward her delivery date about the get off period. Can take advance pay for 6 week leave out front delivery Can take earnings for 6 week leave subsequently child birth inside 48 hours after submitting the proof. 6.\r\nPAYMENT IN episode OF DEATH OF THE WOMAN If a woman authorise to maternity benefit or some(prenominal) other list low this diddle, dies in front receiving much(prenominal)(prenominal) maternity benefit or amount, or where the employer is liable for maternity benefit , the employer shall pay such(prenominal) benefit or amount to the person nominal by the woman in the know facen and in case in that location is no such nominee, to her legal representative. 7. PAYMENT OF MEDICAL BONUS Every woman authorize to maternity benefit on a lower floor this act shall also be entitled to receive from her employer a medical gift of 25 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. 8. emerge FOR MISCARRIAGE\r\nIn case of miscarriage, a woman shall, on production of such proof as may be official, be entitled to leave with wages at the rate of maternity benefit for a period of 6 weeks immediately following the day of her miscarriage. 9. LEAVE FOR infirmity ARISING OUT OF PREGNANCY, DELIVERY, PREMATURE BIRTH OF CHILD, OR MISCARRIAGE A woman twinge illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in sum to the period of absence allowed to her chthonian section 6, or, as the case may be, under secti on 9, to leave with wages at the rate of maternity benefit for a maximum period of 1 month. 10. NURSING BREAKS\r\nEvery woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work 2 breaks of the prescribed duration for nursing the child until the child attains the age of 15 months. 11. sacking DURING ABSENSE OR PREGNANCY (1) Where a woman absents herself from work in uniformity with the supply of this Act, it shall be unlawful for her employer to bump off or dismiss her during or on account of such absence or to give way notice of discharge or shift on such a day that the notice will expire during such absence, or to vary to her disadvantage whatever of the conditions of her service. 2) (a) The discharge or dismissal of a woman at whatever time during her pregnancy, if the woman but for such discharge of dismissal would bring been entitled to maternity benefit or medical pension referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for whatsoever prescribed gross misconduct the employer may, by order in writing communicated to the woman, pillage her of the maternity benefit or medical bonus or both. (b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such loss is communicated to her, court to such control as may be prescribed, and the purpose of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final. (c) Nothing contained in this sub-section shall cloak the render contained in subsection(1). 12. NO implication OF WAGES IN CERTAIN CASES\r\nNo deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provender of this Act shall be make by reason only of †(a) the nature of work assigned to her by virtue of the eatable contained in subsection (3) of section 4 : or (b) breaks for nursing the child allowed to her under the supplys of section 11. 13. APPOINTMENT OF INSPECTORS The discriminate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to by testers for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their function under this Act. 14. POWERS AND DUTIES OF INSPECTORS\r\nAn quizzer may, subject to such restrictions or conditions as may be prescribed, exercise all or all of the following powers, that is to say: (a) enter at all fairish times with such assistants, if any, being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where women are employed or work is given to them in an establishment, for the purposes or examining an y registers, records and notices subscribed to be kept or exhibited by or under this Act and read their production for inspection; (b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment: Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself: (c) require the employer to give information regarding the names and addresses of women employed, recompenses make to them, and applications or notices received from them under this Act; and (d) take copies of any registers and records or notices or any portions in that treasureof. 15. POWER OF INSPECTOR TO compute PAYMENTS TO BE MADE (1) Any woman claiming that maternity benefit or any other amount to which she is entitled under this Act and any person claiming that earnings due under section 7 has been improperly withheld, may authorize a complaint to the inspector. 2) T he quizzer may, of his own exertion or on receipt of a complaint referred to in subsection (1), make an enquiry or cause an interrogatory to be made and if satisfied that defrayal has been wrongfully withheld, may direct the payment to be made in accordance with his orders. (3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within 30 days from the date on which such decision is communicated to such person, appeal to the prescribed authority. (4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspector where no such appeal has been preferred, shall be final. 5) Any amount payable under these sections shall be recoverable as an arrear of passageway revenue. 16. FORFEITURE OF MATERNITY BENEFIT If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such important absence, he shall forfeit her claim to the maternity benefit for such period. 17. ABSTRACTS OF ACT AND RULES there UNDER TO BE EXHIBITED An abstract of the provisions of this Act and the come ups made there under in the language or languages of the neighborhood shall be exhibited in a clear place by the employer in every part of the establishment in which women are employed. 18. REGISTERS, ETC.\r\nEvery employer shall prepare and hold on such registers, records and muster-rolls and in such bearing as may be prescribed. 19. penalty FOR CONTRAVENTION OF ACT BY EMPLOYERS If any employer contravenes the provisions of this Act or the rules made there under he shall be punishable with imprisonment which may strain to three months, or with fine which may go through to five hundred rupees, or with both; and where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court sh all in addition recover such maternity benefit or amount as if it were a fine, and pay the same to the person entitled thereto. 20. PENALTY FOR OBSTRUCTING INSPECTOR\r\nWhoever fails to attain on demand by the Inspector any register or enter in his custody kept in seeking of this Act or the rules made there under or conceals or prevents any person from appearing before or being examined by an Inspector, shall be punishable with imprisonment which may extend to 3 months, or with fine which may extend to 500 rupees or with both. 21. resistance OF ACTION TAKEN IN neat FAITH No suit, prosecution or other legal proceeding shall lie against any person for anything which is in nifty faith done or intend to be done in pursuance of this Act or of any rule or order made there under. 22. POWER OF CENTRAL GOVERNMENT TO nurse DIRECTIONS The Central Government may give such directions as it may moderate necessary to a State Government regarding the carrying into execution the provisions o f this Act and the State Government shall comply with such directions. 23.\r\n found OF LAWS AND AGREEMENTS INCONSISTENT WITH THIS ACT (1) The provisions of this Act shall have effect notwithstanding anything scratchy therewith contained in any other law or in the ground of any award, agreement or tweet of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any event which are more flourishing to her than those to which she would be entitled under this Act, the woman shall sojourn to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefit in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of an y matter, which are more favourable to her than those to which she would be entitled under this Act. QUESTIONS ??? Thank You!!!\r\n'