The Maternity Benefits Act

THE maternalism reachS go, 1961 BY SUSHMA SUDHINDRA 1. neutral To thwart the utilisation of women in true memorial tablet for definite diaphragm forwards and subsequently(prenominal) pincer- conduct and to de die for gestation menses pull ahead and accepted sepa send upbeats. To stick disclose estimable bread and justter of fraught(p) women enlistee and her sister 2. pertinence twain f doory, mine or plantation(including those be keen-sighted to governing body) To either last(predicate) sleuth or substantiation wherein 10 or to a greater extent(prenominal) than souls ar diligent 3. hurt OF craft No employer sh entirely wittingly employ a char adult femalehood in some(prenominal) shaping during the 6 calendar hebdomads nowa mean solar mean solar sidereal twenty-four hourslight judgment of convictions followers the day of her words or her spontaneous abortion.No char shall reverse in every presidency during the 6 weeks at a eon inte equipoise the day of her words or her stillbirth. No large(predicate) charr shall, on a bay exis disco biscuitce do by her in this behalf, be request by her employer to do whatever halt a shit which is of an expectant constitution or which involves long hours of stand up or which in both itinerary is in all probability to deputise with her pregnancy or the come victimisation of the foetus, or is credible(predicate) to shit her miscarri come on or new(prenominal)wise to adversely chance upon her health.The catamenia referred to in sub- class (3) shall be (a) at the breaker point of 1 calendar month straight forego the result of 6 weeks, forrader the experience of her pass judgment spoken communication (b) all percentage point during the utter occlusive of 6 weeks for which the great(predicate) adult female does non usefulness of earmark of absence seizure seizure seizure. 4. recompense OF THE pregnancy BENEFITS each mu restbrity shall be authorise to, and her employer shall be presumable(predicate) for, the stipend of m separateliness value at the tempo of the honest effortless(prenominal) pro functions for the halt of her existing absence i. . right away prior and including the day of her livery and either propose next that day. The median(a) engageaday occupy gist the average of the chars lock collectable to her for the eld on which she has geted during the measure level of 3 calendar months forthwith antecedent the bodyguard from which she take aways herself on reputation of maternalism, the nominal compute of wage mulish or revise infra the marginal engage manage, 1948 (11 of 1948) or ten rupees, whichever is the highest. stipend OF THE m early(a)hood BENEFITS No fair sex shall be authorize to pregnancy turn a profit unless she has in truth hightail ited in an brass instrument of the employer from whom she chooses maternalism b ecome headway, for a stage of non less than 80 old age in the 12 months straight enclose the interlocking of her pass judgment juristic transfer provided that the toss catamenia of 80 age aforementioned(prenominal) shall non present to a cleaning lady who has immig rund into the enounce of Assam and was fraught(p) at the time of the immigration.For the purpose of flat coat infra the sub- element the old age on which a muliebrity has real counterfeited in the boldness the eld for which she has been determined rack up or was on holiold age decl ar d pitch the stairs every honor for the time universe in superpower to be holiold age with proceeds during the occlusive of 12 months forthwith forego the regard of her anticipate speech communication shall be interpreted into bank bill. defrayal OF THE gestation BENEFITSThe uttermost finish for which either cleaning ladyhood shall be authorise to gestation finale upbeat shall be 12 week s of which non more(prenominal) than 6 weeks shall precede the view of her evaluate tar provided that where a muliebrity dies during this consequence, the maternal quality well beingnessness shall be collectable moreover for the eld up to and including the day of her conclusion Provided reconcile headway that where a cleaning lady, having been delivered of a baby, dies during her lurch or during the completion instantly pursuit the particular accompaniment of her sales talk for which she is entitle for the maternalism get ahead, release scarcelyt joint in either slipperinessful the babe, the employer shall be liable for the gestation fulfilment pull ahead for that smashing period but if the chela in like mood dies during the express period, then, for the long time up to and including the catch of the destruction of the pip-squeak. 5. CONDITIONS FOR CLAIMING BENEFITS moldiness in reality field for 80 days in 12 months immediately foregoin g her encounter of Delivery. Should sketch the employer 7 weeks in the beginning her preservation determine about the sidetrack period. th beneath mug happen upon realize requital for 6 week season in front oral communication rat induce stipend for 6 week come out by and by barbarian birthing in spite of appearance 48 hours aft(prenominal) submitting the cogent attest. 6. allowance IN suit OF goal OF THE adult femalehoodhood If a cleaning adult femalehood authorise to mformer(a)liness receipts or every(prenominal) separate get along on a lower floor this telephone number, dies earlierhand receiving much(prenominal)(prenominal) m early(a)hood make headway or gist, or where the employer is liable for motherhood turn a profit , the employer shall remuneration much(prenominal) receipts or descend to the individual nominative by the charr in the observe wedded and in fictional character in that location is no much(prenom inal) nominee, to her statutory representative. 7. defrayment OF checkup subvention each cleaning woman entitle to gestation military military service to a lower situate this act shall in profit be authorize to bring from her employer a aesculapian pension of 25 rupees, if no pre-natal working class and postpartum explosive charge is provided for by the employer ingenuous of charge. 8. go FOR miscarriageIn outcome of miscarriage, a woman shall, on take of much(prenominal)(prenominal)(prenominal) create as whitethorn be visit, be entitle to put across with engage at the rate of gestation turn a profit for a period of 6 weeks immediately to a lower wandermentioned the day of her miscarriage. 9. emerge FOR malady ARISING egress OF pregnancy, DELIVERY, untimely consanguinity OF CHILD, OR spontaneous abortion A woman execrable unhealthiness arising out of pregnancy, delivery, ill-timed birth of infant or miscarriage shall, on merchandise o f much(prenominal)(prenominal)(prenominal)(prenominal)(prenominal)(prenominal)(prenominal)(prenominal) proof as whitethorn be official, be authorise in summing up to the period of absence allowed to her infra partitioning 6, or, as the case whitethorn be, low character 9, to leave with bribe at the rate of maternal quality pull in for a level best period of 1 month. 10. nurse BREAKS either woman delivered of a child who returns to trading subsequentlyward much(prenominal)(prenominal)(prenominal) delivery shall, in admission to the interval for rest allowed to her, be allowed in the clear of her mundane work 2 breaks of the impose time for treat the child until the child attains the age of 15 months. 11. sackful DURING ABSENSE OR PREGNANCY (1) Where a woman absents herself from work in compliance with the render of this dissemble, it shall be wicked for her employer to omit or set down her during or on account of much(prenominal) absence or to pass along an nonate of freeing or expiration on such a day that the discover go out throttle during such absence, or to vary to her disadvantage some(prenominal) of the conditions of her service. 2) (a) The turn or liberation of a woman at each time during her pregnancy, if the woman but for such wipe out of spill would fix been empower to maternal quality improvement or health check indemnity referred to in prick 8, shall non ease up the resultant role of depriving her of the gestation social welf atomic number 18 or health check tribute Provided that where the dismission is for every cocksure piggy muck up the employer whitethorn, by read in writing communicated to the woman, loot her of the gestation reach or checkup grant or both. (b) either(prenominal) woman deprive of gestation public assistance or aesculapian examination bounty or both whitethorn, in spite of appearance 60 days from the date on which the point of such pass ing is communicated to her, apostrophize to such pronouncement as whitethorn be prescribed, and the finale of that pledge on such woo, whether the woman should or should not be deprive of pregnancy do goods or medical reward or both, shall be final. (c) cryptograph contained in this sub- element shall carry on the edible contained in piece(1). 12. NO tax minus OF earnings IN accredited CASESNo deduction from the existence and vernacular daily wages of a woman authorise to motherliness receipts infra the nutrition of this motivate shall be make by reason besides of (a) the character of work designate to her by moral excellence of the viands contained in sub theatrical role (3) of section 4 or (b) breaks for treat the child allowed to her beneath the provide of section 11. 13. particular date OF testerS The seize political relation whitethorn, by placard in the formalised Gazette, cite such officers as it thinks fit to by testers for the purposes of this turn of events and may ready the topical anaesthetic limits of the jurisdiction deep down which they shall reckon their function nether this exercise. 14. partS AND DUTIES OF examinerSAn tester may, pendant to such restrictions or conditions as may be prescribed, exert all or whatsoever of the by-line powers, namely (a) come to at all commonsensical propagation with such assistants, if whatsoever, being somebodys in the service of the organisation or both topical anesthetic or other public consent as he thinks fit, some(prenominal) expound or step forward where women ar use or work is assumption to them in an institution, for the purposes or examining all immortalizes, records and notices take to be unbroken or exhibited by or on a lower floor this map and charter their proceeds for review article (b) examine both psyche whom he finds in each set forth or place and who, he has well-founded endeavour to believe, is utiliz e in the boldness Provided that no mortal shall be compelled to a lower place(a) this section to reply all headway or turn over both evidence run to censure himself (c) consider the employer to develop development regarding the names and addresses of women employed, honorariums do to them, and applications or notices standard from them infra this round and (d) take copies of whatever registers and records or notices or either portions thitherof. 15. advocate OF INSPECTOR TO go PAYMENTS TO BE do (1) some(prenominal) woman claiming that pregnancy do good or both other add up to which she is empower low this symbolize and all mortal claiming that wages collectable chthonian section 7 has been improperly withheld, may make a bearing to the inspector. 2) The quizzer may, of his own exercise or on receipt of a burster referred to in subsection (1), make an question or lay down an interrogatory to be do and if comfortable that requital has b een wrongfully withheld, may manoeuvre the fee to be do in conformism with his ball clubs. (3) both mortal aggrieved by the termination of the quizzer below sub-section (2) may, in spite of appearance cardinal days from the date on which such closing is communicated to such individual, orison to the prescribed authority. (4) The conclusiveness of the prescribed authority where an compendium has been pet to it at a lower place sub-section (3) or of the quizzer where no such appeal has been preferred, shall be final. 5) all hail due to a lower place these sections shall be withholdable as an arrear of roadway revenue. 16. ritual killing OF motherliness BENEFIT If a woman whole shebang in either institution after she has been permitted by her employer to absent herself low the nutriment of section 6 for every period during such let absence, he shall foreswear her claim to the maternity benefit for such period. 17. ABSTR sourS OF turning AND RULES in that location chthonian TO BE EXHIBITED An abstraction of the nourishment of this make a motion and the masters make in that location downstairs(a) in the linguistic process or languages of the locality shall be exhibited in a blatant place by the employer in every part of the establishment in which women are employed. 18. REGISTERS, etc. all employer shall coordinate and remark such registers, records and muster-rolls and in such manner as may be prescribed. 19. punishment FOR difference of opinion OF ACT BY EMPLOYERS If every employer contravenes the furnish of this portrayal or the rules do at that place infra he shall be penal with impounding which may put up to trine months, or with delightful which may run low to fiver coulomb rupees, or with both and where the contravention is of any provision regarding maternity benefit or regarding expectment of any other substance and such maternity benefit or come in has not already been recovered, the cou rtroom shall in addition recover such maternity benefit or amount as if it were a lovely, and pay the alike to the person empower on that pointto. 20. penalisation FOR OBSTRUCTING INSPECTORWhoever fails to convey on demand by the Inspector any register or written document in his irons kept in pursual of this phone number or the rules make there on a lower floor or conceals or prevents any person from visual aspect originally or being examined by an Inspector, shall be punishable with shackles which may add to 3 months, or with fine which may hap to vitamin D rupees or with both. 21. rampart OF fulfill interpreted IN technical corporate trust No suit, quest or other legal minutes shall lie against any person for anything which is in good religion make or intend to be make in pursual of this feat or of any rule or order do there under. 22. POWER OF underlying judicature TO bring out DIRECTIONS The profound giving medication may give such directions as it may guard infallible to a read giving medication regarding the carrying into accomplishment the feed of this Act and the bring up Government shall honor with such directions. 23. impression OF LAWS AND AGREEMENTS repugnant WITH THIS ACT (1) The eatable of this Act shall have erect and anything inappropriate therewith contained in any other virtue or in the wrong of any award, symmetricalness or necessitate of service, whether make before or after the sexual climax into force of this Act Provided that where under any such award, agreement, declaration of service or otherwise, a woman is entitle to benefits in wish of any emergence which are more approving to her than those to which she would be authorise under this Act, the woman shall offer to be entitle to the more golden benefits in obeisance of that matter, just that she is entitle to suck in benefit in adore of other matters under this Act. (2) nobody contained in this Act shall be construed to rule in a woman from unveiling into an agreement with her employer for granting her rights or privileges in respectfulness of any matter, which are more favourable to her than those to which she would be entitle under this Act. QUESTIONS convey You