maternity act, 1961

(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery: Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death: 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 entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but 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. (ii) after sub-section (3) and before the first proviso, the following proviso shall be inserted, namely:-, (B) after sub-section (3), the following sub-sections shall be inserted, namely-. https://www.slideshare.net/meghaiyer1988/the-maternity-benefits-act-1961 No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of- The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their functions under this Act. (c) who fulfils the conditions specified in sub-section (2) of section 5, A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave withÂ. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract 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 matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this Act. I am a law graduate. (3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. wages at the rate of maternity benefit for a maximum period of one month. Maternity Benefit Act, 1961 (53 of 1961) [12th December, 1961] INTRODUCTION. (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. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: - 1. 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 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. In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation. I hope you have a fruitful time here. With the object of providing maternity leave and benefit to women employee the Maternity Benefit Bill was passed by both the Houses of Parliament and subsequently it received the assent of President on 12th December, 1961 to become an Act under short title and numbers "THE MATERNITY BENEFIT ACT, 1961 (53 OF 1961)". In 1961, the Maternity Benefits Act 1961, was implemented for the protection of women’s rights and interests, the act has gone through some amendments, made according to the changing needs of the society. (1) This Act may be called the Maternity Benefit Act, 1961. This was an act to regulate the employment of women in certain establishments … and after child-birth and to provide for maternity benefit and certain other benefits. MATERNITY BENEFIT ACT, 1961 The PDF below is colourful and systematic. (b) breaks for nursing the child allowed to her under the provisions of section 11. The PDF for MATERNITY BENEFIT ACT, 1961 also has internal links to help you read those sections or bare acts quickly. Maternity Benefit Act, 1961 (MBA) WHAT IS MATERNITY BENEFIT? (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 1. Get excellent law content on our social platforms: Facebook ○ Reddit ○ Telegram ○ Twitter ○ Instagram, Daily Law News ○ Menu ○ Take Law MCQ Tests ○ Publish Your Article ○ Please Support ○ Pay ○ WhatsApp: 9128523662, © 2018-2021 About Contact Us Disclaimer Cookies Copyright and Privacy Policy Sitemap, An Act to regulate the employment of women in certain establishments for certain periods beforeÂ. The main motive was to make a modern law website that is clean, comfortable, and has few ads. President John F. Kennedy Speech to the Democratic National Committee on the First Full Day of His Presidency -- 21 January 1961: PASS: 117: President John F. Kennedy Makes Presidential Appointments Just After His Inauguration -- 29 January 1961: PASS: 118 The Maternity Benefit Act, 1961. An Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative. (6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order. (2) The Central Government may before every three years, by notification in the Official Gazette, increase the amount of medical bonus subject to the maximum of twenty thousand rupees. (3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. … An Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. For this reason, some of the data for prior survey years shown in this report may not be identical to those published in previous reports for similar time periods. https://en.wikipedia.org/wiki/Maternity_Benefit_(Amendment)_Act,_2017 THE MATERNITY BENEFIT ACT, 1961 ACT NO. Explanation- For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account. MATERNITY BENEFIT ACT, 1961 (No. Be it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows-. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows-1. With the object of providing maternity leave and benefit to women employee the Maternity Benefit Bill was passed by both the Houses of Parliament and subsequently it received the assent of President on 12th December, 1961 to become an Act under short title and numbers "THE MATERNITY BENEFIT ACT, 1961 (53 OF 1961)". https://countercurrents.org/2020/09/the-maternity-benefit-act-1961-analysis (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. An abstract of the provisions of this Act and the rules made thereunder in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed. (2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of-, The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may defineÂ. (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 any matter which are more favourable to her than those to which she would be entitled under this Act. December, 1961] An Act to regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. • Explanation- For the purpose of this sub-section, the average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 or ten rupees, whichever is the highest. (5) In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.’’. In section 32 of the Plantations Labour Act, 1951. Be it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows- (1) This Act may be called the Maternity Benefit (Amendment) Act, 2017. (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: In this Act, unless the context otherwise requires,-, (In the Maternity Benefit Act, 1961 (hereinafter referred to as the principal Act), in section 3, after clause (b), the following clause shall be inserted, namely-, ” means a biological mother who uses her egg to create an embryo implanted in any other woman.). Every Inspector appointed under this Act shall be deemed to be a public servant within the meaning of. The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act and the State Government shall comply with such directions. a legislation that protects the employment of women at the time of her maternity. (i) any bonus other than incentive bonus; (ii) over-time earnings and any deduction or payment made on account of fines; (iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and. (1) This Act may be called the Maternity Benefit (Amendment) Act, 2017. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Please enable Cookies and reload the page. My name is Ankur. This law covers all of India. Medical Termination of Pregnancy Act, 1971, Law PDFs (₹340) and Law MCQ Tests (₹1325), How to Write the Best Answer in Judiciary Mains Exam in 2021, Best Books for Judiciary Exam Preparation in 2021, How to Study and Prepare for Judiciary Exam in 2021. FORM K: Abstract of the Maternity Benefit Act, 1961, and the Rules Made There under [Rule 15] 1. Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed. (1) This Act may be called the Maternity Benefit Act, 1961. The Act disallows the employer from knowingly engaging a woman at the workplace six weeks after her delivery or … An Act further to amend the Maternity Benefit Act, 1961. (2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both: Provided that 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 shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto. The Maternity Benefits Act, 1961 is a Social Security Legislation. THE MATERNITY BENEFIT ACT, 1961 ACT NO. (b) in relation to other establishments in a State, by the State Government. (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; (iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; (v) an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable; (1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to; (3) the money value of the concessional supply of food grains and other articles, but does not include-. 1941 ( 19 of 1941 ) ; and and in such manner as be... 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