Maternity Benefits , Medical Termination of Pregnancy Act

1. Maternity Benefits
&
Medical Termination of Pregnancy Act

2. Regulating employment of women employees all over the country
Every woman shall be entitled to, and her employer shall be liable for,
the payment of maternity benefit, which is the amount payable to her
at the rate of the average daily wage for the period of her actual
absence.
Maternity Benefits Act 1961

3. Period For Which Benefit Allowed
12 weeks as the maximum period to maternity benefit
6 weeks before and after the delivery (Sec 4)
In case of miscarriage—6 weeks (Sec 9)
Any kind of illness due to pregnancy 1 month (Sec 10)
Who is Entitled to Maternity Benefit
who has actually worked in the establishment for a period of
at least 80 days
BUT
Does not apply to the establishment were” Employees’ State
Insurance Act” are applicable

4. Restriction on Employment of Pregnant Women
Knowingly employ a woman during the period of 6 weeks
immediately following the day of her delivery or miscarriage or
medical termination of pregnancy.
Women is also not allowed to work in that said period.
To do an arduous work
• long hours of standing
• interfere with her pregnancy or cause miscarriage
• or adversely affect her health

5. Discharge or Dismissal
Unlawful for her employer to give notice of discharge or
dismissal
Dismissal or discharge of a pregnant woman shall not
disentitle her to the maternity benefit or medical bonus
allowable under the Act

6. Duties of Employers
To pay maternity benefit and/or medical bonus and allow
maternity leave and nursing breaks to the woman employees,
in accordance with the provisions of the Act
Not to engage pregnant women in contravention of section 4
and not to dismiss or discharge a pregnant woman employee
during the period of maternity leave.
Right of Employees
To make a complaint to the Inspector and claim the amount
of maternity benefit improperly with held by the employer.
To appeal against an order of the employer depriving her of the
maternity benefit or medical bonus or dismissing or discharging
her from service, to the competent authority, within 60 days of
the service of such order.

7. Medical Termination of Pregnancy, 1971
An Act to provide for the termination of certain
pregnancies by registered Medical Practitioners and for
matters connected therewith or incidental thereto
It extends to the whole of India except the State of Jammu
and Kashmir.

8. When pregnancies may be terminated by registered medical
practitioners
 length of the pregnancy does not exceed twelve weeks
 length of the pregnancy exceeds twelve weeks but not
exceed twenty weeks, if not less than two registered medical
practitioner are, of opinion, formed in good faith, that
 the continuance of the pregnancy would involve a risk to the
life of the pregnant woman or of grave injury to her physical
or mental health
 there is a substantial risk that if the child were born, it would
suffer from such physical or mental abnormalities to be
seriously handicapped.

9. • not attained the age of eighteen years
• Lunatic (consent in writing of her guardian.)
• consent of the pregnant woman (not lunatic)

10. Place where pregnancy may be terminated
No termination of pregnancy shall be made in accordance with this
Act at any place other than –
(a) a hospital established or maintained by Government
(b) a place for the time being approved for the purpose of this Act
by Government.

11. Why Need of Amendment
Cases like:--
Haresh and Niketa Mehta
-26-week-old fetus who had been diagnosed with a heart defect
14-year-old rape victim. (Gujarat High Court)
The girl’s petition to the Supreme Court seeking permission for abortion
beyond 20 weeks has been accepted as a special case,( A panel of five
doctors) which is not to be used as a precedent to allow abortions
beyond 20 weeks.

12. THANK TOU