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Practical Guide to Maternity Benefit Act

Practical Guide to Maternity Benefit Act

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Description
The object of the Maternity Benefit Act, 1961 is to protect the dignity of motherhood by providing for the full and healthy maintenance of woman and her child when she is not working. As the number of women employees is growing, maternity leave and other maternity benefits are becoming increasingly common. In 1961, the Maternity Benefit Act was passed aiming at a uniform maternity benefit all over the country. The Maternity Benefit Act applies in the first instance, to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, 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. According to Census 2011, nearly 15 crore women constitute 26% of India's total workforce. While bulk of the working women's population is engaged in the unorganized sector; at about 60 lakhs (labour ministry data), the number of women employed in the organized sector; both public and private, is also quite significant.
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Contents
SALIENT FEATURES OF MATERNITY BENEFIT ACT, 1961
OVERALL VIEW OF AMENDMENT OF MATERNITY BENEFIT ACT
THE MATERNITY BENEFIT ACT, 1961
1.        Short title, extent and commencement
2.        Application of Act
3.        Definitions
4.        Employment of or work by, women prohibited during certain periods
5.        Right to payment of maternity benefits
5A.      Continuance of payment of maternity benefit in certain cases
5B.      Payment of maternity benefit in certain cases
6.        Notice of claim for maternity benefit and payment thereof
7.        Payment of maternity benefit in case of death of a woman
8.        Payment of medical bonus
9.        Leave for miscarriage, etc.
9A.     Leave with wages for tubectomy operation
10.     Leave for illness arising out of pregnancy, delivery, premature birth of
           child miscarriage, medical termination of pregnancy or tubectomy operation
11.     Nursing breaks 11A. Creche facility
11A.   Creche facility
12.     Dismissal during absence of pregnancy
13.     No deduction of wages in certain cases
14.     Appointment of Inspectors
15.     Powers and duties of Inspectors
16.     Inspectors to be public servants
17.     Power of Inspector to direct payments to be made
18.     Forfeiture of maternity benefit
19.     Abstract of Act and rules thereunder to be exhibited
20.     Registers, etc.
21.     Penalty for contravention of Act by employer
22.     Penalty for obstructing Inspector
23.     Cognizance of offences
24.     Protection of action taken in good faith
25.     Power of Central Government to give directions
26.     Power to exempt establishments
27.     Effect of laws and agreements inconsistent with this Act
28.     Power to make rules
29.     Amendment of Act 69 of 1951
30.     Repeal
OBLIGATION OF AN EMPLOYER UNDER MATERNITY BENEFIT ACT, 1961
FREQUENTLY ASKED QUESTIONS
THE MATERNITY BENEFIT (MINES AND CIRCUS) RULES, 1963
THE DELHI MATERNITY BENEFIT RULES, 1971
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