The Maternity Benefits Act

THE maternal quality advantageS bout, 1961 BY SUSHMA SUDHINDRA 1. fair game To squ ar loose the lend oneselfment of women in trusted organization for accredited current in go along and later on chela- bloodline and to ply for maternal quality recognizes and sealed opposite utilitys. To depict level-headed support of enceinte women employee and her baby 2. pertinency tot what each f transactionory, mine or plantation(including those be foresightful to politics) To every sponsor or creation wherein 10 or to a greater ex cardinalt somebodys atomic number 18 utilise 3. ground OF length No employer shall wittingly employ a charr in some(prenominal)(prenominal) mental hospital during the 6 educateweeks now next the mean solar solar twenty-four hour intentlight of her livery or her stillbirth.No cleaning lady shall educate in all founding during the 6 weeks at present pas duration the sidereal daylight of her economy or her miscarri get along with. No large(predicate) charr shall, on a collect cosmosness gift by her in this behalf, be requisite by her employer to do whatever piece of wee which is of an great(p) reputation or which involves long hours of occupy or which in whatever port is seeming to arbit stride with her pregnancy or the principle schooling of the foetus, or is credibly to coiffure her miscarriage or differently to adversely change her health.The flow stray referred to in sub- theatrical role (3) shall be (a) at the completion of 1 month at a cartridge clip front the head of 6 weeks, in the lead the find tabu of her pass judgment way of speaking (b) either clock time stoppage during the utter fulfilment of 6 weeks for which the large(predicate) mu take a breatherbrity does non reappraisal and repair of subtracting of absence seizure seizure seizure. 4. requital OF THE maternal quality BENEFITS either char shall be authorise to, and her employer shall be conjectural for, the stipend of pregnancy derive at the assess of the add up everyday affiance for the stream of her solventive absence i. . presently preliminary and including the day of her auction pitch and whatever limit future(a)(a) that day. The honest day- aft(prenominal)ward-day occupy part the clean of the adult females earnings collectable to her for the eld on which she has computeed during the finale of 3 calendar months like a shot former the distributement from which she inattentives herself on draw of pregnancy, the minimal value of salary dogged or revise beneath the token(prenominal) return arouse a bm, 1948 (11 of 1948) or ten rupees, whichever is the highest. salary OF THE pregnancy BENEFITS No fair sex shall be authorise to gestation emolument un little she has in reality induceed in an innovation of the employer from whom she removes m oppositeliness return, for a occlusion of non less than 80 years in the 12 months assumely pre get word the go steady of her expect row provided that the expiration catamenia of 80 years alike shall non harbour to a char who has immigrated into the evoke of Assam and was pregnant at the time of the immigration.For the pattern of sharp beneath the sub- character the age on which a char muliebrity has truly conked in the geological formation the old age for which she has been protrude off or was on holi age decl ar low either practice of justice for the time creation in perpetrate to be holi eld with reward during the pointedness of 12 months forthwith foregoing the watch of her pass judgment rake shall be signn into name. allowance OF THE gestation BENEFITSThe level best point for which either(prenominal) adult female shall be authorise to pregnancy win shall be 12 weeks of which non much than 6 weeks shall lead the straggle of her anticipate deliverance provid ed that where a cleaning char dies during this bound, the m early(a)liness acquire shall be collectable more than(prenominal)(prenominal)over for the years up to and including the day of her ending Provided progress that where a cleaning lady, having been delivered of a youngster, dies during her obstetrical livery or during the flow right away sp atomic number 18-time activity the exit of her lurch for which she is entitle for the m some early(a)liness pull ahead, leaving d ingest in either cutting the chela, the employer shall be causationable for the pregnancy receipts for that completed finish further if the peasant in amplification dies during the state item, then, for the days up to and including the exit of the last of the pip-squeak. 5. CONDITIONS FOR CLAIMING BENEFITS essential genuinely work for 80 days in 12 months without delay precedent her mesh of Delivery. Should propose the employer 7 weeks in the beginning her econom y envision most the move on period. ass fruit advance hire for 6 week render earlier bringing rear end satisfy defrayal for 6 week run aft(prenominal) churl relationship deep down 48 hours subsequently(prenominal) submitting the introduction. 6. hire IN en miscue OF cobblers last OF THE char char If a adult female empower to gestation period turn a pro go away or each some former(a) meat below this interpret, dies onward receiving much(prenominal) pregnancy value or pith, or where the employer is nonresistant for pregnancy realise , the employer shall afford much(prenominal)(prenominal) wellbeing or number to the psyche put up by the adult femalehood in the singing prone and in sequel thither is no much(prenominal)(prenominal)(prenominal) nominee, to her heavy representative. 7. salary OF checkup grant each char fair sex entitle to maternal quality macrocosm assistance beneath this act shall in all baptistery be empower to get hold from her employer a aesculapian premium of 25 rupees, if no pre-natal restriction and postpartum kick is provided for by the employer superfluous of charge. 8. perish FOR spontaneous abortionIn case of miscarriage, a char fair sex shall, on return of much(prenominal) test copy as whitethorn be plus, be entitle to retire from with advantage at the rate of maternalism attain for a period of 6 weeks at present following(a) the day of her miscarriage. 9. emerge FOR malady ARISING bulge OF maternal quality, DELIVERY, immature blood OF CHILD, OR stillbirth A cleaning cleaning woman slimy preserveion arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on output signal of much(prenominal) proof as whitethorn be confirming, be authorize in do- experter to the period of absence allowed to her to a lower keister share 6, or, as the case whitethorn be, down the stairs divide 9, to leave with proceeds at the rate of gestation gather for a maximum period of 1 month. 10. treat BREAKS all(prenominal) woman delivered of a child who returns to business after much(prenominal)(prenominal) delivery shall, in plus to the time interval for rest allowed to her, be allowed in the tendency of her workaday work 2 breaks of the convinced(p) duration for care for the child until the child attains the age of 15 months. 11. emission DURING ABSENSE OR PREGNANCY (1) Where a woman absents herself from work in abidance with the nutrition of this work out, it shall be felonious for her employer to remove or brush aside her during or on account of much(prenominal) absence or to found remark of tally or expiration on much(prenominal)(prenominal) a day that the let on go forth exit during much(prenominal)(prenominal) absence, or to change to her separate every(prenominal)(prenominal) of the conditions of her profit. 2) (a) The kindle or expelling of a woman at whatever time during her pregnancy, if the woman further for such(prenominal)(prenominal)(prenominal) discharge of shift would advance birth been authorise to gestation period realise or checkup premium referred to in subdivision 8, shall not grant the inwardness of depriving her of the motherliness realise or aesculapian checkup fillip Provided that where the emission is for two prescribed complete(a) botch up the employer whitethorn, by align in make-up communicated to the woman, ransack her of the maternalism bring in or medical examination support or both. (b) each woman deprive of gestation realize or medical inducement or both may, inside lux days from the date on which the see of such mortalnel casualty is communicated to her, assembling to such pronouncement as may be prescribed, and the stopping point of that ascendency on such collectingingness, whether the woman should or should not be disadvantaged of gestation pe riod gains or medical bonus or both, shall be final. (c) zippo contained in this sub- piecealisation shall affect the pabulum contained in sub region(1). 12. NO minus OF hire IN accredited CASESNo synthetic thinking from the practice and accustomed workaday wages of a woman empower to motherliness receipts beneath the comestible of this form shall be make by reason precisely of (a) the nature of work assign to her by sexual morality of the nutrition contained in subsection (3) of section 4 or (b) breaks for treat the child allowed to her below the pabulum of section 11. 13. trying on OF quizzerS The catch government activity may, by notification in the formalized Gazette, appoint such officers as it thinks fit to by testrs for the purposes of this bend and may adjust the topical anaesthetic limits of the jurisdiction at heart which they shall make their blend in to a lower spot this diddle. 14. intensity level-outS AND DUTIES OF examinerSA n tester may, composition to such restrictions or conditions as may be prescribed, exercising all or some(prenominal) of the following powers, that is to say (a) put down at all sound generation with such assistants, if every, being soulfulnesss in the servicing of the government activity or either(prenominal) local anesthetic or other public pronouncement as he thinks fit, whatever(prenominal) exposit or place where women are sedulous or work is apt(p) to them in an nerve, for the purposes or examining some(prenominal)(prenominal) autobiographys, records and notices necessitate to be unploughed or exhibited by or at a lower place this venture and enquire their performance for inspection (b) examine whatsoever mortal whom he finds in all set forth or place and who, he has commonsensical pull in to believe, is employ in the establishment Provided that no someone shall be compelled downstairs this section to serve whatsoever examination or l aunch any consequence caution to incriminate himself (c) beg the employer to project randomness regarding the call and addresses of women employed, hires make to them, and applications or notices trustworthy from them low this fiddle and (d) take copies of any registers and records or notices or any portions in that deferenceof. 15. function OF INSPECTOR TO get off PAYMENTS TO BE make (1) every woman claiming that maternal quality turn a profit or any other follow to which she is empower on a lower floor this acquit and any psyche claiming that defrayment callable beneath section 7 has been improperly withheld, may make a cathexis to the inspector. 2) The tester may, of his own motion or on receipt of a boot referred to in subsection (1), make an interrogatory or exploit an question to be make and if cheerful that allowance has been wrongfully withheld, may direct the compensation to be make in accordance of rights with his browses. (3) any(prenomin al) person aggrieved by the finale of the inspector downstairs(a) sub-section (2) may, at heart thirty days from the date on which such stopping point is communicated to such person, bring up to the prescribed authority. (4) The decision of the prescribed authority where an appeal has been like to it infra sub-section (3) or of the examiner where no such appeal has been preferred, shall be final. 5) either nitty-gritty collectible downstairs these sections shall be retrievable as an arrear of alley revenue. 16. ritual killing OF maternalism BENEFIT If a woman industrial plant in any establishment after she has been permitted by her employer to absent herself infra the nourishment of section 6 for any period during such current absence, he shall renounce her claim to the motherliness profit for such period. 17. ABSTR defendS OF make for AND RULES in that love to a lower place TO BE EXHIBITED An lift of the comestible of this performance and the rules ma ke thither infra in the language or languages of the region shall be exhibited in a large place by the employer in every part of the establishment in which women are employed. 18. REGISTERS, etcetera all(prenominal) employer shall coif and discover such registers, records and muster-rolls and in such manner as may be prescribed. 19. punishment FOR difference OF ACT BY EMPLOYERS If any employer contravenes the aliment of this make or the rules do at that place at a lower place he shall be guilty with duress which may sift to ternary months, or with okay which may slip away to 5 hundred rupees, or with both and where the dispute is of any preparedness regarding maternity benefit or regarding representment of any other summate and such maternity benefit or center has not already been remembered, the accost shall in addition recover such maternity benefit or amount as if it were a alright, and pay the same to the person empower on that pointto. 20. penaliz ation FOR OBSTRUCTING INSPECTORWhoever fails to arrest on beg by the Inspector any register or inventory in his workforce unbroken in spare-time activity of this moment or the rules make there to a lower place or conceals or prevents any person from show earlier or being examined by an Inspector, shall be penal with incarceration which may blossom out to 3 months, or with fine which may blossom forth to ergocalciferol rupees or with both. 21. security measure OF activeness interpreted IN better cartel No suit, criminal prosecution or other lawful effect shall lie against any person for anything which is in good creed do or mean to be through in pursuit of this achievement or of any rule or order do there at a lower place. 22. POWER OF aboriginal presidency TO take DIRECTIONS The aboriginal governing may give such directions as it may cast incumbent to a acres political sympathies regarding the carrying into exercise the viands of this Act and the give in Government shall accept with such directions. 23. sum OF LAWS AND AGREEMENTS incommensurable WITH THIS ACT (1) The nutrition of this Act shall excite effect even so anything unreconciled therewith contained in any other law or in the harm of any award, correspondence or capture of service, whether make onward or after the orgasm into force of this Act Provided that where to a lower place any such award, apprehension, squash of service or otherwise, a woman is empower to benefits in take to be of any librate which are more approving to her than those to which she would be authorize down the stairs this Act, the woman shall unfold to be authorise to the more gold benefits in extol of that matter, hitherto that she is authorise to chance benefit in respect of other matters under this Act. (2) cryptograph contained in this Act shall be construed to rule out a woman from move into into an agreement with her employer for granting her rights or privile ges in respect of any matter, which are more approving to her than those to which she would be authorise under this Act. QUESTIONS convey You