The Maternity Benefits Act

THE MATERNITY BENEFITS ACT, 1961 BY SUSHMA SUDHINDRA 1. OBJECTIVE 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. To provide healthy maintenance of pregnant women employee and her child 2. APPLICABILITY Every factory, mine or plantation(including those belonging to Government) To every shop or establishment wherein 10 or more persons are employed 3. TERMS OF EMPLOYMENT No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage.

No woman shall work in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do 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.

The period referred to in sub-section (3) shall be – (a) at the period of 1 month immediately preceding the period of 6 weeks, before the date of her expected delivery; (b) any period during the said period of 6 weeks for which the pregnant woman does not avail of leave of absence. 4. PAYMENT OF THE MATERNITY BENEFITS Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence i. . immediately preceding and including the day of her delivery and any period following that day. 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 3 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 (11 of 1948) or ten rupees, whichever is the highest].

PAYMENT OF THE MATERNITY BENEFITS No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 80 days in the 12 months immediately preceding the date of her expected delivery provided that the qualifying period of 80 days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

For the purpose of calculating under the 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 12 months immediately preceding the date of her expected delivery shall be taken into account. PAYMENT OF THE MATERNITY BENEFITS

The maximum period for which any woman shall be entitled to maternity 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 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. 5. CONDITIONS FOR CLAIMING BENEFITS Must actually work for 80 days in 12 months immediately preceding her date of Delivery. Should intimate the employer 7 weeks before her delivery date about the leave period. Can take advance payment for 6 week leave before delivery Can take payment for 6 week leave after child birth within 48 hours after submitting the proof. 6.

PAYMENT IN CASE OF DEATH OF THE WOMAN 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 , the employer shall pay such benefit or amount to the person nominated by the woman in the notice given and in case there is no such nominee, to her legal representative. 7. PAYMENT OF MEDICAL BONUS Every woman entitled to maternity benefit under this act shall also be entitled to receive from her employer a medical bonus of 25 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. 8. LEAVE FOR MISCARRIAGE

In case of miscarriage, 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 6 weeks immediately following the day of her miscarriage. 9. LEAVE FOR ILLNESS ARISING OUT OF PREGNANCY, DELIVERY, PREMATURE BIRTH OF CHILD, OR MISCARRIAGE A woman suffering 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 addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of 1 month. 10. NURSING BREAKS

Every 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. DISMISSAL DURING ABSENSE OR PREGNANCY (1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. 2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of 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: Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive 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 deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision 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 affect the provisions contained in subsection(1). 12. NO DEDUCTION OF WAGES IN CERTAIN CASES

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 – (a) the nature of work assigned to her by virtue of the provisions contained in subsection (3) of section 4 : or (b) breaks for nursing the child allowed to her under the provisions of section 11. 13. APPOINTMENT OF INSPECTORS The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to by Inspectors 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

An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely: (a) enter at all reasonable 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 any registers, records and notices required to be kept or exhibited by or under this Act and require 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, payments made 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 thereof. 15. POWER OF INSPECTOR TO DIRECT 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 payment due under section 7 has been improperly withheld, may make a complaint to the inspector. 2) The Inspector may, of his own motion or on receipt of a complaint referred to in subsection (1), make an enquiry or cause an inquiry to be made and if satisfied that payment 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 thirty 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 lane 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 authorized 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 rules made there under 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. 18. REGISTERS, ETC.

Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner 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 extend to three months, or with fine which may extend 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 shall 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

Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance 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. PROTECTION OF ACTION TAKEN IN GOOD FAITH No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made there under. 22. POWER OF CENTRAL GOVERNMENT TO GIVE DIRECTIONS The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution the provisions of this Act and the State Government shall comply with such directions. 23.

EFFECT OF LAWS AND AGREEMENTS INCONSISTENT WITH THIS ACT (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 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 any matter, which are more favourable to her than those to which she would be entitled under this Act. QUESTIONS ??? Thank You!!!