CHAPTER 2 MATERNITY BENEFIT ACT, 1961 INTRODUCTION This act basically got enacted to give maternity benefit to the women working in establishment and regulates the working of women in factories ,mines , circus , plantation employing 10 or more persons except the employees who are covered under the ESI ACT . But it applies to women employed in establishment covered by the ESI Act but who are out of its coverage because of wage limit. ARTICLE 42 says state shall make provision for securing just and humane condition of work for women

Under this act women employees are entitled to maternity benefit till 12 weeks due to delivery . In case of illness arising due to pregnancy additional leave of 1 month is given . In case of miscarriage 6 weeks leave is granted. those who are entitled to receive maternity benefit are also entitled to receive maternity bonus .

IT EXTENDS TO THE WHOLE OF INDIA One special feature of this act is that it can be extended to other establishment by the state government . DEFINITION APPROPRIATE GOVERNMENT : establishment being a mine or establishment wherein persons are employed for equestrian acrobatic , the central government. CHILD : includes a still born child

MATERNITY BENEFIT : payment referred to sub section (1) of section 5{section 3(h)} WAGES : all kind of remuneration paid to women AND INCLUDES: Cash allowances ( DA and HRA) Incentive bonus Money value of concessional foodgrain BUT EXCLUDES Any bonus other than incentive bonus Over time Contribution by employer towards the pension or provident fund Any gratuity on termination

EMPLOYMENT OF WOMEN PROHIBITED IN CERTAIN CASES No employer should employ women From the delivery , miscarriage , medical termination of that women till next six WEEKS . If a pregnant women request the employer to provide work to her during the period of 1 month immediately preceding the period of six weeks before her expected date of delivery , she should not be allowed to do work of any arduous nature or work which involve long hour of standing or is likely to give adverse effect on her pregnancy . PAYMENT OF MATERNITY BENEFIT The topic suggest for payment of wages to women who are on leave due to pregnancy or miscarriage , she should be paid on a wage rate which is her average daily wage . Now for the understanding part average daily wage means the average of that women’s wages payable to her for the days worked in the preceding 3 months.

Now the wage paid will be minimum wage fixed or revised under the minimum wages act, 1948 or ten rupees whichever is the higher . The most important requirement to claim the benefit is the women must have worked for at least 80 days in the 12 months immediately preceding her expected delivery date . Maximum period of benefit can be for 12 weeks and not more than 6 weeks should precede her expected delivery date , in case the women dies during the period then she should be paid for the days till her death and in case women dies after delivering the child then that child should be eligible to receive the benefit which were to be received by the mother and if the child also dies then the employer is under an obligation to pay till the date of death of that child.

NOTICE FOR CLAIM OF MATERNITY BENEFIT Immediately when the woman comes to know about the pregnancy , she should send a notice to the employer intimating the employer about the maternity benefit and the bonus for which she is entitled . Any woman who has not given notice to the employer should give the notice to the employer as soon as possible even after the delivery . Now further the part of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer on production of the proof and the subsequent benefit has to be provided by the employer within 48 hours when the required proof of the woman being delivered of a child is given . FURTHER 2 NURSING BREAK TILL THE CHILD ATTAINS THE AGE OF 15 MONTHS HAS TO BE GIVEN TO THE WOMEN

PENALTY UNDER THE ACT FOR EMPLOYER If employer fails to give the maternity benefit to the women or discharges that women from work while she was on her maternity benefit he shall be punishable with a fine not less than RS2000 but which may extend to 5000 and an imprisonment of three months but which may extend to one year If any contravention other than this then the employer may be sentenced for imprisonment which may extend to one year and fine which may extend to five thousand rupees or with both .