The document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The act regulates the employment of women in certain establishments during pregnancy and after childbirth, and provides for maternity benefits and other benefits.
2) It applies to factories, mines, plantations, and establishments where performances are held. Women are entitled to maternity benefits for 12 weeks - 6 weeks before and after delivery.
3) Employers cannot knowingly employ a woman in the 6 weeks after delivery or miscarriage, and pregnant women cannot be made to do arduous work.
4) Women fulfilling certain criteria regarding employment duration are entitled to paid leave and a medical bonus
The Workmen's Compensation Act of 1923 provides compensation to workmen and their dependents for injuries arising from accidents or certain occupational diseases during employment. The Act applies to workers in railways, mines, factories, and other hazardous occupations. Employers are liable to pay compensation in cases of disablement or death of workers. The amount of compensation depends on the nature of injury, wages of the worker, and other factors. The Act is administered by state governments through Commissioners for Workmen's Compensation.
The document outlines maternity benefit provisions for women workers in establishments. It states that no employer shall employ a woman in the 8 weeks following delivery, and that no woman shall work during this period. It also prohibits arduous or long-hours work for pregnant women near their due dates. Employers must provide 8 weeks of paid maternity leave before and after delivery, as long as the woman worked at least 6 months prior. Payment procedures and proof of delivery are also described.
The document summarizes key aspects of the Maternity Benefit Act 1961 and Provident Fund Act 1952 in India.
The Maternity Benefit Act aims to regulate female employment around childbirth and provide benefits like 84 days of paid leave. It applies to establishments with 10 or more employees. The Provident Fund Act requires employers with 20+ staff to make contributions to employees' retirement funds at 12% of salary. It provides benefits like a pension and lump sum on retirement. Both acts require regular filings of returns and contributions to funds.
The Maternity Benefits Act, 1961 provides maternity leave and benefits to protect the dignity of motherhood. It applies to all establishments with 10 or more employees. Eligible women receive 84 days of paid maternity leave before and after delivery. The Act prohibits dismissal of pregnant women and provides other benefits like nursing breaks and medical reimbursement. Employers must maintain proper records and may face penalties for violations of the Act. In a 2012 case, a woman successfully sued her former employer for sacking her while pregnant in contravention of the Act.
The document summarizes the key aspects of the Employees' Compensation Act 1923 in India.
The Act provides compensation to workmen for injuries suffered in work-related accidents, regardless of fault. It abolished defenses previously available to employers like assumed risk, common employment, and contributory negligence. Compensation is provided for both occupational diseases and personal injuries arising out of and in the course of employment. The Act defines important terms like wages, dependents, disablement and employers' liability in case of contractors. It aims to provide timely relief to injured workmen.
The Workmen's Compensation Act aims to provide relief to workmen and their dependents in cases of accidents arising from employment. It covers all workers, including casual laborers, and establishments not covered by the ESI Act. Employers must compensate workers for death, permanent or temporary disablement, or occupational diseases resulting from employment accidents. The amount of compensation depends on the type and extent of injury and the worker's monthly wages. Employers must report accidents resulting in death or serious injury within 7 days and pay compensation promptly, or face penalties.
The document discusses the Maternity Benefit Act of 1961 which aims to provide healthy maintenance for pregnant women employees and their children. Key provisions include:
1) The Act applies to factories, mines, plantations, and other establishments employing 10 or more people.
2) Pregnant women cannot perform arduous, long hours of standing, or other work that could harm their pregnancy.
3) Women are entitled to paid maternity leave of 6 weeks before and after delivery if they have worked 80 days in the past year, as well as benefits for miscarriage, illness, or premature birth.
The document discusses India's Maternity Benefit Act of 1961, which regulates maternity benefits for women employees. It outlines key provisions of the original act as well as recent amendments in 2017. The amendments increased paid maternity leave from 12 to 26 weeks, introduced provisions for adopting/commissioning mothers, and allowed nursing breaks until the child is 15 months old. However, there is still no law mandating paid paternity leave for private sector employees in India, though government employees are entitled to 15 days of paternity leave. The presentation provides an overview of eligibility requirements, benefits provided under the act such as medical bonus and leave for miscarriages, and duties and penalties for non-compliant employers.
The Workmen's Compensation Act of 1923 provides compensation to workmen and their dependents for injuries arising from accidents or certain occupational diseases during employment. The Act applies to workers in railways, mines, factories, and other hazardous occupations. Employers are liable to pay compensation in cases of disablement or death of workers. The amount of compensation depends on the nature of injury, wages of the worker, and other factors. The Act is administered by state governments through Commissioners for Workmen's Compensation.
The document outlines maternity benefit provisions for women workers in establishments. It states that no employer shall employ a woman in the 8 weeks following delivery, and that no woman shall work during this period. It also prohibits arduous or long-hours work for pregnant women near their due dates. Employers must provide 8 weeks of paid maternity leave before and after delivery, as long as the woman worked at least 6 months prior. Payment procedures and proof of delivery are also described.
The document summarizes key aspects of the Maternity Benefit Act 1961 and Provident Fund Act 1952 in India.
The Maternity Benefit Act aims to regulate female employment around childbirth and provide benefits like 84 days of paid leave. It applies to establishments with 10 or more employees. The Provident Fund Act requires employers with 20+ staff to make contributions to employees' retirement funds at 12% of salary. It provides benefits like a pension and lump sum on retirement. Both acts require regular filings of returns and contributions to funds.
The Maternity Benefits Act, 1961 provides maternity leave and benefits to protect the dignity of motherhood. It applies to all establishments with 10 or more employees. Eligible women receive 84 days of paid maternity leave before and after delivery. The Act prohibits dismissal of pregnant women and provides other benefits like nursing breaks and medical reimbursement. Employers must maintain proper records and may face penalties for violations of the Act. In a 2012 case, a woman successfully sued her former employer for sacking her while pregnant in contravention of the Act.
The document summarizes the key aspects of the Employees' Compensation Act 1923 in India.
The Act provides compensation to workmen for injuries suffered in work-related accidents, regardless of fault. It abolished defenses previously available to employers like assumed risk, common employment, and contributory negligence. Compensation is provided for both occupational diseases and personal injuries arising out of and in the course of employment. The Act defines important terms like wages, dependents, disablement and employers' liability in case of contractors. It aims to provide timely relief to injured workmen.
The Workmen's Compensation Act aims to provide relief to workmen and their dependents in cases of accidents arising from employment. It covers all workers, including casual laborers, and establishments not covered by the ESI Act. Employers must compensate workers for death, permanent or temporary disablement, or occupational diseases resulting from employment accidents. The amount of compensation depends on the type and extent of injury and the worker's monthly wages. Employers must report accidents resulting in death or serious injury within 7 days and pay compensation promptly, or face penalties.
The document discusses the Maternity Benefit Act of 1961 which aims to provide healthy maintenance for pregnant women employees and their children. Key provisions include:
1) The Act applies to factories, mines, plantations, and other establishments employing 10 or more people.
2) Pregnant women cannot perform arduous, long hours of standing, or other work that could harm their pregnancy.
3) Women are entitled to paid maternity leave of 6 weeks before and after delivery if they have worked 80 days in the past year, as well as benefits for miscarriage, illness, or premature birth.
The document discusses India's Maternity Benefit Act of 1961, which regulates maternity benefits for women employees. It outlines key provisions of the original act as well as recent amendments in 2017. The amendments increased paid maternity leave from 12 to 26 weeks, introduced provisions for adopting/commissioning mothers, and allowed nursing breaks until the child is 15 months old. However, there is still no law mandating paid paternity leave for private sector employees in India, though government employees are entitled to 15 days of paternity leave. The presentation provides an overview of eligibility requirements, benefits provided under the act such as medical bonus and leave for miscarriages, and duties and penalties for non-compliant employers.
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to provide certain benefits to employees such as sickness, maternity and employment injury benefits. It applies initially to all factories with 10 or more employees. The act defines important terms related to employees, wages, family members and types of benefits. It establishes the Employees' State Insurance Corporation as a body corporate to administer the scheme. The Corporation consists of representatives from central and state governments, employers, employees and medical professionals.
The Workmen's Compensation Act 1923 aims to provide relief to workmen and their dependents in cases of accidents arising from employment that cause death or disability. It extends to all of India and covers all workers, including casual laborers. It establishes employer liability for compensation in cases of work-related injuries. The compensation amounts are specified as percentages of monthly wages and include medical expenses, income support in cases of temporary or permanent disability, lump sums or pensions for dependents in cases of death.
This document defines wages and benefits that must be provided to workers according to Bangladesh labor law. It discusses what is included in the definition of wages, such as overtime pay and termination benefits. It also outlines required benefits like paid leave, holidays, and retirement payments. The document specifies rules for paying wages, permissible deductions, and procedures that must be followed for issues like fines and dismissal. Non-compliance could result in lower worker income, dissatisfaction, and even unrest. The key responsibilities of both employers and workers are also reviewed.
The document summarizes the key aspects of the Employees' State Insurance Act, 1948 in India. It was enacted to provide social insurance to workers against sickness, maternity, employment injury and death benefits. It is administered by the Employees' State Insurance Corporation through a network across states. The act provides for medical benefits, sickness benefits paid at 50% of wages, maternity benefits at double sickness rate and disablement benefits proportional to income loss for workers in establishments with 10 or more employees.
the presentation contains elaborately the cracks of MB Act, furthermore I have tried to mention the recent amendments in the act from 2017 in simpler words
The document summarizes the key aspects of the Employee's State Insurance Act 1948 in India. It provides coverage for employees in factories and establishments with 10 or more workers. Employees earning less than Rs. 7500 per month are covered. Employers and employees both contribute 6.5% of wages towards insurance. Benefits include sickness, maternity, disability and dependents benefits. Employers are absolved of liability in case of employee illness or disability in return for contributions.
Maternity benefit act 1961,ESI Act and workmens compensation actMathew Devasia
The document summarizes key provisions around maternity benefits and protections for working women in India according to the Maternity Benefit Act of 1961. It outlines that the act regulates women's employment around childbirth by providing for maternity benefits and cash benefits like paid leave for 6 weeks before and after delivery. It also mandates protections like no firing while on maternity leave and light work duties during pregnancy. The penalties for employers who do not comply with the act are also mentioned.
The document discusses key aspects of the Workmen's Compensation Act, 1923 including:
1) It aims to provide financial protection to workmen and their dependents in case of accidental injury by means of compensation paid by employers.
2) It defines important terms like commissioner, dependent, employer, disablement, wages, and workman.
3) It outlines the process for claiming and determining compensation in cases of death, permanent or temporary disability resulting from employment-related accidents or occupational diseases.
The ESI Act aims to provide sickness, maternity, disability and medical benefits to employees of factories and establishments with 10 or more power-using or 20 or more non-power using employees. Both employers and employees contribute monthly at rates of 4.75% and 1.75% respectively of wages. Benefits include sickness, maternity, disability, dependents and medical benefits as well as funeral expenses. Employers must register eligible establishments and comply with documentation and contribution payment requirements to facilitate administration of the program.
Employees’ State Insurance Act 1948 - ESI Act 1948Management
The Employees' State Insurance Act (ESI Act) of 1948 provides social security benefits like sickness benefits, maternity benefits, dependents benefits, and funeral benefits to employees working in factories and other establishments. The ESI Act is administered by the Employees' State Insurance Corporation (ESIC), which has set up regional boards across states to operate over 520 centers nationwide covering about 75 lakh insured households. Key benefits include half wages for up to 90 days of sickness leave and full wages for up to 12 weeks of maternity leave. The Act also contains penalties for employers who default on contribution payments.
The document discusses the Employees' State Insurance Act of 1948 in India. It defines key terms related to ESI such as "appropriate government", "contribution", and "sickness". It outlines some of the main benefits provided under the Act, including sickness benefit, maternity benefit, disablement benefit, and dependent's benefits. It also describes the Employees' State Insurance Fund and the powers and duties of the Employees' State Insurance Corporation to administer the fund and promote health and welfare measures for insured persons.
The Employees State Insurance Act, 1948 provides social security benefits like sickness, maternity, employment injury and death benefits to employees earning less than ₹15,000 per month. The Employees State Insurance Corporation administers the scheme. It covers factories employing 10 or more people and other establishments employing 20 or more. Employers contribute 4.75% of wages and employees contribute 1.75% to the fund. Benefits include sickness benefit for up to 91 days, maternity benefit for 12 weeks, disablement benefits and dependents' benefits for employment injuries and death.
The Maternity Benefit Act of 1961 regulates employment of women in certain establishments during pregnancy and after childbirth and provides for maternity benefits. Key provisions include:
- Women working for at least 80 days in the previous 12 months are eligible for paid maternity leave of up to 26 weeks.
- Employers must provide nursing breaks, medical bonus of Rs. 250, and cannot fire or penalize women during maternity leave.
- Failure of employers to provide maternity benefits or dismissing a woman during this period is punishable with imprisonment of up to 1 year and a fine of up to Rs. 5000.
The Workmen's Compensation Act of 1923 provides compensation to employees who are injured or contract diseases during the course of their employment. Key points:
- It extends to the whole of India and aims to provide financial protection to workers injured on the job through employer-paid compensation.
- Employers are statutorily liable to pay compensation to employees who suffer physical disabilities or diseases during employment.
- The Act defines terms like employer, dependent, disablement and wages. It also establishes the role of Commissioners to decide matters related to compensation.
- Employers are liable to pay compensation in cases of permanent or temporary disability, occupational diseases, or death of a worker resulting from employment injuries. The amounts are
The document provides an overview of the Workmen's Compensation Act of 1923 in India. It discusses the objective of providing relief to workmen injured on the job. Key points covered include definitions of terms like employer, employee, wages; the process for claiming and determining compensation; and amendments made over time like increasing compensation amounts and changing terminology from workmen to employees. The document outlines the general principles for determining whether an injury arose from employment and conditions for employers' liability to pay compensation.
The document discusses key aspects of the Workmen's Compensation Act of 1923 in India. It aims to provide (1) financial protection to workmen and dependents in cases of accidental injury by requiring employers to pay compensation. It defines important terms like commissioner, dependent, employer, disablement and wages. It also outlines (2) an employer's liability to compensate employees for death, injury or disease from accidents arising from work and (3) conditions for receiving compensation for personal injury or occupational diseases.
The document summarizes the Maternity Benefit Act 1961 in India. It defines key terms, outlines the types of establishments it applies to, and describes the rights and protections for women employees during pregnancy and after delivery. These include a prohibition on employment for 6 weeks before and after delivery, entitlement to paid maternity leave, and protections against dismissal during pregnancy or leave.
This document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The Act regulates the employment of women in certain establishments during pregnancy and provides for maternity benefits and other benefits.
2) It applies initially to factories, mines, plantations, and establishments where performances are held. State governments can extend it to other establishments with approval.
3) Women cannot be employed during the six weeks after delivery or miscarriage, and pregnant women cannot perform arduous work.
4) Women are entitled to paid maternity leave at their normal wages for a period of 12 weeks - 6 weeks before and 6 weeks after delivery.
The Bombay Labour Welfare Fund Act of 1953 established a fund to promote the welfare of laborers in Maharashtra. The fund is financed through employer contributions, fines, donations, and government grants. It is managed by a tripartite board representing employers, employees, and the government. The fund is used to support welfare activities for laborers like education programs, recreation, healthcare, and skill development. The Act aims to protect workers' interests and improve their living standards through these welfare measures.
This document contains 15 multiple choice questions (MCQs) about the Factories Act of 1948 in India. Some key points covered include:
- The annual return under the Act must be submitted by January 31st.
- A canteen managing committee can have no more than 5 or less than 2 elected workers.
- A "child" means a person under 15 years old.
- Hazardous processes cause health impairment or pollution.
- A factory has 10 or more workers.
Corporate Daycare - Maternity Benefits (Amendments) Bill -2016
Corporate Daycare - Maternity Benefits (Amendments) Bill -2016
Act and Bill Maternity Benefits Act 1961
• Regulates the employment of women during the period of child birth, and provide maternity benefits • Applicable to factories, mines, plantations, shops and other establishments Maternity Benefits (Amendments) Bill 2016
• Introduced in and approved by Rajya Sabha in August 2016
• Seeks to bring about changes with respect to the duration and applicability of maternity leave, and other facilities
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to provide certain benefits to employees such as sickness, maternity and employment injury benefits. It applies initially to all factories with 10 or more employees. The act defines important terms related to employees, wages, family members and types of benefits. It establishes the Employees' State Insurance Corporation as a body corporate to administer the scheme. The Corporation consists of representatives from central and state governments, employers, employees and medical professionals.
The Workmen's Compensation Act 1923 aims to provide relief to workmen and their dependents in cases of accidents arising from employment that cause death or disability. It extends to all of India and covers all workers, including casual laborers. It establishes employer liability for compensation in cases of work-related injuries. The compensation amounts are specified as percentages of monthly wages and include medical expenses, income support in cases of temporary or permanent disability, lump sums or pensions for dependents in cases of death.
This document defines wages and benefits that must be provided to workers according to Bangladesh labor law. It discusses what is included in the definition of wages, such as overtime pay and termination benefits. It also outlines required benefits like paid leave, holidays, and retirement payments. The document specifies rules for paying wages, permissible deductions, and procedures that must be followed for issues like fines and dismissal. Non-compliance could result in lower worker income, dissatisfaction, and even unrest. The key responsibilities of both employers and workers are also reviewed.
The document summarizes the key aspects of the Employees' State Insurance Act, 1948 in India. It was enacted to provide social insurance to workers against sickness, maternity, employment injury and death benefits. It is administered by the Employees' State Insurance Corporation through a network across states. The act provides for medical benefits, sickness benefits paid at 50% of wages, maternity benefits at double sickness rate and disablement benefits proportional to income loss for workers in establishments with 10 or more employees.
the presentation contains elaborately the cracks of MB Act, furthermore I have tried to mention the recent amendments in the act from 2017 in simpler words
The document summarizes the key aspects of the Employee's State Insurance Act 1948 in India. It provides coverage for employees in factories and establishments with 10 or more workers. Employees earning less than Rs. 7500 per month are covered. Employers and employees both contribute 6.5% of wages towards insurance. Benefits include sickness, maternity, disability and dependents benefits. Employers are absolved of liability in case of employee illness or disability in return for contributions.
Maternity benefit act 1961,ESI Act and workmens compensation actMathew Devasia
The document summarizes key provisions around maternity benefits and protections for working women in India according to the Maternity Benefit Act of 1961. It outlines that the act regulates women's employment around childbirth by providing for maternity benefits and cash benefits like paid leave for 6 weeks before and after delivery. It also mandates protections like no firing while on maternity leave and light work duties during pregnancy. The penalties for employers who do not comply with the act are also mentioned.
The document discusses key aspects of the Workmen's Compensation Act, 1923 including:
1) It aims to provide financial protection to workmen and their dependents in case of accidental injury by means of compensation paid by employers.
2) It defines important terms like commissioner, dependent, employer, disablement, wages, and workman.
3) It outlines the process for claiming and determining compensation in cases of death, permanent or temporary disability resulting from employment-related accidents or occupational diseases.
The ESI Act aims to provide sickness, maternity, disability and medical benefits to employees of factories and establishments with 10 or more power-using or 20 or more non-power using employees. Both employers and employees contribute monthly at rates of 4.75% and 1.75% respectively of wages. Benefits include sickness, maternity, disability, dependents and medical benefits as well as funeral expenses. Employers must register eligible establishments and comply with documentation and contribution payment requirements to facilitate administration of the program.
Employees’ State Insurance Act 1948 - ESI Act 1948Management
The Employees' State Insurance Act (ESI Act) of 1948 provides social security benefits like sickness benefits, maternity benefits, dependents benefits, and funeral benefits to employees working in factories and other establishments. The ESI Act is administered by the Employees' State Insurance Corporation (ESIC), which has set up regional boards across states to operate over 520 centers nationwide covering about 75 lakh insured households. Key benefits include half wages for up to 90 days of sickness leave and full wages for up to 12 weeks of maternity leave. The Act also contains penalties for employers who default on contribution payments.
The document discusses the Employees' State Insurance Act of 1948 in India. It defines key terms related to ESI such as "appropriate government", "contribution", and "sickness". It outlines some of the main benefits provided under the Act, including sickness benefit, maternity benefit, disablement benefit, and dependent's benefits. It also describes the Employees' State Insurance Fund and the powers and duties of the Employees' State Insurance Corporation to administer the fund and promote health and welfare measures for insured persons.
The Employees State Insurance Act, 1948 provides social security benefits like sickness, maternity, employment injury and death benefits to employees earning less than ₹15,000 per month. The Employees State Insurance Corporation administers the scheme. It covers factories employing 10 or more people and other establishments employing 20 or more. Employers contribute 4.75% of wages and employees contribute 1.75% to the fund. Benefits include sickness benefit for up to 91 days, maternity benefit for 12 weeks, disablement benefits and dependents' benefits for employment injuries and death.
The Maternity Benefit Act of 1961 regulates employment of women in certain establishments during pregnancy and after childbirth and provides for maternity benefits. Key provisions include:
- Women working for at least 80 days in the previous 12 months are eligible for paid maternity leave of up to 26 weeks.
- Employers must provide nursing breaks, medical bonus of Rs. 250, and cannot fire or penalize women during maternity leave.
- Failure of employers to provide maternity benefits or dismissing a woman during this period is punishable with imprisonment of up to 1 year and a fine of up to Rs. 5000.
The Workmen's Compensation Act of 1923 provides compensation to employees who are injured or contract diseases during the course of their employment. Key points:
- It extends to the whole of India and aims to provide financial protection to workers injured on the job through employer-paid compensation.
- Employers are statutorily liable to pay compensation to employees who suffer physical disabilities or diseases during employment.
- The Act defines terms like employer, dependent, disablement and wages. It also establishes the role of Commissioners to decide matters related to compensation.
- Employers are liable to pay compensation in cases of permanent or temporary disability, occupational diseases, or death of a worker resulting from employment injuries. The amounts are
The document provides an overview of the Workmen's Compensation Act of 1923 in India. It discusses the objective of providing relief to workmen injured on the job. Key points covered include definitions of terms like employer, employee, wages; the process for claiming and determining compensation; and amendments made over time like increasing compensation amounts and changing terminology from workmen to employees. The document outlines the general principles for determining whether an injury arose from employment and conditions for employers' liability to pay compensation.
The document discusses key aspects of the Workmen's Compensation Act of 1923 in India. It aims to provide (1) financial protection to workmen and dependents in cases of accidental injury by requiring employers to pay compensation. It defines important terms like commissioner, dependent, employer, disablement and wages. It also outlines (2) an employer's liability to compensate employees for death, injury or disease from accidents arising from work and (3) conditions for receiving compensation for personal injury or occupational diseases.
The document summarizes the Maternity Benefit Act 1961 in India. It defines key terms, outlines the types of establishments it applies to, and describes the rights and protections for women employees during pregnancy and after delivery. These include a prohibition on employment for 6 weeks before and after delivery, entitlement to paid maternity leave, and protections against dismissal during pregnancy or leave.
This document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The Act regulates the employment of women in certain establishments during pregnancy and provides for maternity benefits and other benefits.
2) It applies initially to factories, mines, plantations, and establishments where performances are held. State governments can extend it to other establishments with approval.
3) Women cannot be employed during the six weeks after delivery or miscarriage, and pregnant women cannot perform arduous work.
4) Women are entitled to paid maternity leave at their normal wages for a period of 12 weeks - 6 weeks before and 6 weeks after delivery.
The Bombay Labour Welfare Fund Act of 1953 established a fund to promote the welfare of laborers in Maharashtra. The fund is financed through employer contributions, fines, donations, and government grants. It is managed by a tripartite board representing employers, employees, and the government. The fund is used to support welfare activities for laborers like education programs, recreation, healthcare, and skill development. The Act aims to protect workers' interests and improve their living standards through these welfare measures.
This document contains 15 multiple choice questions (MCQs) about the Factories Act of 1948 in India. Some key points covered include:
- The annual return under the Act must be submitted by January 31st.
- A canteen managing committee can have no more than 5 or less than 2 elected workers.
- A "child" means a person under 15 years old.
- Hazardous processes cause health impairment or pollution.
- A factory has 10 or more workers.
Corporate Daycare - Maternity Benefits (Amendments) Bill -2016
Corporate Daycare - Maternity Benefits (Amendments) Bill -2016
Act and Bill Maternity Benefits Act 1961
• Regulates the employment of women during the period of child birth, and provide maternity benefits • Applicable to factories, mines, plantations, shops and other establishments Maternity Benefits (Amendments) Bill 2016
• Introduced in and approved by Rajya Sabha in August 2016
• Seeks to bring about changes with respect to the duration and applicability of maternity leave, and other facilities
1. The document describes various methods for terminating a pregnancy in the first and second trimesters, including both medical and surgical options.
2. Common medical first trimester termination methods include mifepristone and misoprostol, methotrexate and misoprostol, while surgical options include menstrual regulation, vacuum aspiration, and dilation and evacuation.
3. Second trimester terminations may involve dilation and evacuation between 13-14 weeks or administration of hypertonic solutions after 14 weeks, along with oxytocin to induce labor. Procedures become more complex in the second trimester.
The document provides information on the Contract Labour (Regulation and Abolition) Act of 1970 in India. It discusses several key points:
1. The Act regulates the employment of contract labor in certain establishments and provides for the abolition of contract labor in some circumstances.
2. Principal employers must register establishments that employ 20 or more contract workers. Contractors must obtain a license to supply contract labor.
3. The Act sets out various obligations of principal employers and contractors regarding the welfare of contract workers, such as maintaining registers, providing amenities like drinking water and restrooms, and ensuring timely payment of wages.
Tata Motors is one of the largest vehicle manufacturers in India and worldwide. It produces commercial vehicles, passenger vehicles, and defense vehicles. Some of its most popular models include the Indica, Safari, and Nano (aimed at lower income groups). While the Nano did not achieve expected sales, Tata engages in marketing initiatives like online campaigns and partnerships. It also focuses on sustainability and corporate social responsibility programs in local communities. Tata has operations globally and several subsidiaries and joint ventures, including acquiring Jaguar Land Rover in 2008.
The Child Labour (Prohibition And Regulation ) Act, 1986mahesh lone
This Act is a weak piece of legislation as it does not contains any provision of rehabilitation of the child labour. However the punishment prescribed is deterrent. Also in almost all industries child labour is prohibited.
Tata Motors is a leading global automobile manufacturer headquartered in India. It has operations in over 80 countries across 6 continents. Tata Motors acquired Jaguar Land Rover in 2008, making it a global automotive leader. The company produces a wide range of commercial and passenger vehicles. It focuses on technological innovation, international expansion, and strategic acquisitions to strengthen its global market position and product portfolio.
This document provides an overview of Tata Motors, including its history, product range, milestones, and international operations. It discusses how Tata Motors was established in 1945 and has since become India's largest automobile company. It also lists Tata Motors' many achievements and milestones over the years, such as developing India's first indigenous passenger car. The document then provides details on Tata Motors' expansion internationally through subsidiaries and joint ventures around the world.
The document outlines the key provisions of The Contract Labour (Regulation and Abolition) Act of 1970 in India. The objective of the act is to prevent exploitation of contract labour and introduce better working conditions. It applies to establishments employing 20 or more contract laborers. The act defines contractors and workmen. It establishes advisory boards and requires registration of establishments employing contract workers. It prohibits contract work in certain cases and requires licensing of contractors. It mandates welfare provisions like canteens, rest rooms, drinking water, latrines and first aid facilities. Principal employers are responsible for amenities if contractors do not provide them. Contractors must pay wages on time and in the presence of the principal employer's representative. The act establishes an inspect
This document summarizes key aspects of the Child Labour (Prohibition and Regulation) Act of 1986 in India. It begins with defining child labour and explaining why the act was needed to protect children's rights. It then outlines the objectives of the act and summarizes the main sections. Section 3 prohibits employment of children in certain occupations and processes specified in schedules. Section 4 allows amending the schedules. Section 5 establishes an advisory committee. Section 6 regulates conditions of work for children. Section 7 limits children's work hours and periods. The act aims to prohibit child labour in certain sectors and regulate conditions in others to protect children's health, development and dignity.
The Contract Labour (Regulation And Abolition) Act, 1970 regulates the employment of contract labour in certain establishments. It applies to establishments with 20 or more workmen employed on any day in the preceding 12 months. The Act requires contractors to register and obtain licenses, and places obligations on contractors and principals employers regarding wages, welfare facilities, and maintaining records. It has been amended in 1986 and 2004, and is linked to other labor laws regarding wages, benefits, and dispute resolution. The Act seeks to balance regulating contract labor while allowing its use in appropriate circumstances.
Medical termination of pregnancy (mtp) actChandan Sharma
The document discusses India's Medical Termination of Pregnancy (MTP) Act of 1971, which aims to improve maternal health by legalizing abortion and promoting access to safe abortion services. It lays out the objectives and legal framework of the MTP Act, including when abortions are considered legal, who can perform them, and requirements for approving abortion sites. The key points covered are reasons for abortion in India, guidelines on gestation periods and medical conditions for legal abortions, and the process for district-level committees to approve abortion service providers and sites.
The contract labour (regulation and abolition), 1970ACS Shalu Saraf
The document outlines the key provisions of the Contract Labour (Regulation and Abolition) Act of 1970 in India. It aims to prevent the exploitation of contract labor and improve their working conditions. The Act applies to establishments employing 20 or more contract laborers. It requires the registration of establishments and licensing of contractors. It also mandates various welfare measures for contract workers like canteens, restrooms, drinking water, first aid, and timely payment of wages. The appropriate government appoints inspectors to ensure compliance. Principal employers are responsible for welfare provisions and unpaid wages if contractors fail to provide them. Numerous forms are also prescribed under the Act.
The document discusses the Medical Termination of Pregnancy Act of 1971 in India. The key points are:
1) The MTP Act legalized abortion in India and aims to improve maternal health by promoting access to safe abortion services.
2) It allows termination of pregnancy up to 20 weeks with consent, and up to 12 weeks without approval. Termination can be done if the woman's life is at risk or there are fetal abnormalities.
3) The MTP Rules specify requirements for providers, approved facilities, and the process for approving places to perform abortions. They help ensure safe and hygienic abortion services.
Child labour is both a social and economic problem in India. Many children, some as young as 5-6 years old, work long hours in hazardous occupations like carpet weaving, fireworks manufacturing, and household work. Poverty, lack of access to education, urbanization and the willingness of some employers to exploit children for profit are some of the key causes of child labour. Children who work face serious health and development issues like physical injury, malnutrition, stunted growth and even death. The government has enacted laws to regulate and prohibit hazardous child labour, but enforcement remains a challenge due to poverty.
Useful for Law students, MBA- HR students, CS Students, Employees , Employer.
I have also mentioned a list of forms generally used during gratuity.
Every body should be aware of do's and don't. Knowledge of your rights makes you powerful.
Application of the Act
When gratuity is payable
Amount of gratuity payable
Forfeiture of gratuity
Obligations and rights of the employer
Compliance under the Act
reference: http://blog.simplycareer.net/2013/06/gratuityact.html
I have also refereed other sites and text books.
Tata Motors is an Indian multinational automotive manufacturing company founded in 1945 and headquartered in Mumbai, India. It has over 1400 engineers and scientists working across 6 R&D units in India, South Korea, Spain, and the UK. Some of Tata Motors' key accomplishments include developing India's first indigenous passenger car called the Tata Indica in 1998, and acquiring the British brands Jaguar and Land Rover from Ford Motors as part of its international expansion strategy. Looking ahead, Tata Motors aims to consolidate its position in India by capitalizing on opportunities from growing mobility needs and infrastructure development, and seeks growth from new products and emerging markets.
This document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The Act regulates the employment of women in certain establishments during pregnancy and provides for maternity benefits and other benefits.
2) It applies initially to factories, mines, plantations, and establishments where performances are held. State governments can extend it to other establishments.
3) It prohibits the employment of women 6 weeks before and after delivery. Pregnant women cannot perform arduous work.
4) Women are entitled to paid maternity leave at their normal wages for 12 weeks - 6 before and 6 after delivery. They must have worked 160 days to be eligible.
The document discusses provisions around maternity benefits for women employees in India. Some key points:
- It defines terms like employer, establishment, factory, mines, plantations, wages, etc. for the context of providing maternity benefits.
- It requires that no woman shall work during the six weeks immediately after delivery or miscarriage. It also prohibits employers from knowingly employing women during this period.
- It entitles women employees who have worked for at least 160 days in the last 12 months to receive maternity benefits at the average daily wage for a period of 26 weeks - 8 weeks before and 18 weeks after delivery. Exceptions are provided.
- It discusses provisions around continuing maternity benefits
The document provides an overview of the Employees' Provident Funds and Miscellaneous Provisions Act of 1952 in India. Some key points:
- It establishes provident funds, pension funds, and deposit-linked insurance funds for employees in factories and other establishments.
- It extends to all of India except Jammu and Kashmir and applies to factories with 20 or more employees and other establishments with 20 or more employees specified by the Central Government.
- It allows the Central Government to constitute a Central Board of Trustees to administer the Employees' Provident Fund Scheme and specifies the composition of the Board to include government officials, state representatives, and employee and employer representatives.
This document outlines key sections of the Payment of Gratuity Act of 1972 in India. It defines important terms like "appropriate government", "employee", "employer", "continuous service" and establishes that gratuity is payable to an employee who has worked continuously for not less than 5 years upon superannuation, retirement, resignation, death or disablement. It also allows state governments to appoint a controlling authority to administer the Act.
The Payment of Gratuity Act, 1972 provides for a scheme for the payment of gratuity to employees working in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. Some key points:
- It applies to establishments with 10 or more employees who have worked for at least 5 years. Gratuity is paid at the rate of 15 days wages for each completed year of service.
- Employers must obtain insurance for their gratuity liability or establish an approved gratuity fund, as governed by the Act and rules. Non-compliance may result in penalties.
- The controlling authority appointed by the government is responsible for administering the Act. It can investigate complaints
This document provides definitions for key terms used in the Payment of Gratuity Act of 1972 in India. It defines terms such as "appropriate government", "employee", "employer", "family", and "wages". It also defines what constitutes "continuous service" for determining employee eligibility for gratuity payments. The Act applies to employees working in factories, mines, ports and other establishments with 10 or more employees. It is aimed at providing a gratuity payment scheme for employees in covered organizations.
This document outlines the Plantations Labour Act of 1951 in India. Some key points:
- The act provides for the welfare of labour and regulates working conditions in plantations.
- It applies to plantations growing tea, coffee, rubber, cinchona or cardamom of 5 or more hectares employing 15+ people.
- The act defines terms like adolescent, adult, child, employer, plantation, and worker.
- It establishes requirements for registering plantations with registering officers. Employers must register existing and new plantations.
- The state government appoints inspectors including a chief inspector to enforce the act and ensure provisions are followed.
- Inspectors have powers like examining plant
This document provides definitions for key terms used in the Industrial Disputes Act, 1947 in India. It defines terms like "appropriate government", "employer", "industry", "workman", and more. The definitions clarify what is meant by these terms in the context of investigating and settling industrial disputes in India.
This document provides definitions for key terms used in the Industrial Disputes Act, 1947 in India. Some of the key points covered in the definitions include:
- Appropriate Government means the Central Government for industries under its authority and State Government for other industries.
- Industry refers to any systematic activity carried out for production/supply of goods/services.
- Industrial dispute means any dispute between employers and employees regarding employment, terms of employment or work conditions.
- Employer refers to the head of a government department for industries run by government or the chief executive of a local authority.
- Average pay, award, conciliation, employer, and other important terms are also defined.
This document is the Minimum Wages Act of 1948 from India. It establishes the framework for fixing minimum wage rates for certain employments in India. Some key points:
- It gives the appropriate state or central government the authority to fix minimum wage rates for scheduled employments, review them every 5 years, and revise them if needed.
- It defines key terms like wages, employee, employer, adolescent and provides guidance on fixing minimum wage rates such as allowing for different rates by employment, work class, age, or locality.
- It establishes that minimum wage rates can be fixed as basic rates with allowances adjusted for cost of living, or as inclusive rates, and defines how to calculate such allowances.
This document provides an overview of the Payment of Gratuity Act of 1972 in India. Some key points:
- The Act provides for payment of gratuity to employees in factories, mines, ports and other establishments with 10 or more employees upon termination of employment after 5 years of continuous service.
- Gratuity is calculated at 15 days wages for each completed year of service, with a maximum of 3.5 lakh rupees.
- Employers are required to obtain insurance from LIC or other insurers to cover their gratuity liability, with some exemptions. Non-compliance can result in fines.
- Various terms like 'employee', 'employer', 'continuous service'
The Payment of Gratuity Act of 1972 provides a scheme for payment of gratuity to employees in factories, mines, ports and other establishments. Some key points:
- It applies to establishments with 10 or more employees and provides for payment of gratuity to employees with at least 5 years of continuous service.
- Gratuity is paid at the rate of 15 days wages for each completed year of service, with the maximum amount being Rs. 10 lakhs.
- The Act defines terms like continuous service, employee, employer, family and wages. It also establishes controlling authorities to administer the provisions of the Act.
- Gratuity is payable to employees on superannuation, retirement
This document defines key terms used in the Industrial Disputes Act of 1947 in India. It provides definitions for terms like "appropriate government", "award", "banking company", "Board", "closure", and "industry". The definitions clarify what types of entities and disputes fall under the scope of the Act. In under 3 sentences, the document defines important terminology for understanding and implementing the Industrial Disputes Act of 1947 in India.
This document outlines key definitions from the Industrial Disputes Act of 1947 in India. Some of the main points covered in the definitions include:
- An industrial dispute is defined as any dispute between employers and employees regarding employment, terms of employment, or working conditions.
- Industry is defined broadly as any systematic activity carried out by cooperation between employers and employees to satisfy human wants, whether for profit or not.
- Appropriate government means the central or state government, depending on the type of industry in question.
- Employer includes government departments and local authorities.
- Independent means having no connection to the industrial dispute or affected industry.
So in summary, the definitions section provides legal definitions for
This document is the Minimum Wages Act of 1948 which provides for fixing minimum rates of wages in certain employments in India. Some key points:
- It gives the appropriate government (central or state) the authority to fix and periodically revise minimum wage rates for scheduled employments.
- Minimum wage rates can be fixed differently based on factors like occupation, work type (time or piece rate), location, age (adult, adolescent, child).
- In fixing rates, the appropriate government consults committees and publishes proposals for feedback, then notifies new rates which come into force after 3 months.
- An Advisory Board is appointed to advise the appropriate government on fixing and revising rates, and a Central
This document outlines the Payment of Wages Act of 1936 in India, which regulates the payment of wages to certain classes of employed persons. Some key points:
- It applies to payment of wages in factories, railways, and other establishments like mines, plantations, workshops.
- Employers are responsible for paying wages to persons employed by them within a maximum of 10 days from the last day of the wage period.
- Wages must be paid in coins, currency notes, cheque or credited to a bank account with employee authorization.
- Only certain authorized deductions can be made from wages, such as those under a Court order or deductions resulting from penalties imposed for good cause as per employer rules.
This document outlines the Plantations Labour Act of 1951 in India. Some key points:
- It aims to regulate conditions of work and provide welfare for plantation laborers.
- It applies initially to tea, coffee, rubber and cinchona plantations employing 30+ people. States can extend it to other crops.
- It establishes roles like inspectors to examine plantations and ensure compliance with the act.
- It mandates facilities like drinking water, sanitation, medical aid, canteens, creches and housing to be provided for workers.
- It limits work hours to 54 per week for adults and 40 for adolescents/children, and provides for holidays and rest intervals.
This document outlines the Plantations Labour Act of 1951 in India. Some key points:
- It aims to regulate conditions of work and provide welfare for plantation laborers.
- It applies initially to tea, coffee, rubber and cinchona plantations employing 30+ people, and can be extended to other crops.
- It establishes requirements for things like drinking water, sanitation, medical facilities, canteens, creches, housing and more.
- It limits the work week to 54 hours for adults and 40 hours for adolescents/children, and provides for holidays and intervals of rest.
- It prohibits employment of children under 12 and restricts night work for women and children. Medical certification
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to administer an insurance scheme providing sickness, maternity, and employment injury benefits to employees. It applies initially to all factories with 10 or more employees. The act defines important terms like employee, wages, family, insurable employment and establishes the Corporation to centrally administer the scheme. It outlines the composition of the Corporation board including representatives of central and state governments, employers, employees and medical professionals.
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to provide certain benefits to employees such as sickness, maternity and employment injury benefits. It applies initially to all factories with 10 or more employees and can be extended to other establishments. The act defines important terms related to employees, wages, insurance benefits and establishes the governing body of the ESI Corporation.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
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How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
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How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
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How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
1. MATERNITY BENEFIT ACT, 1961
(No. 53 of 1961)1
[12th. December, 1961]
An Act 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.
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: -
1. Short title, extend and commencement. -- (1) This Act may be called the Maternity
Benefit Act, 1961.
(2) It extends to the whole of India 2[* * *]
(3) It shall come into force on such date as may be notified in this behalf in the Official
Gazette, --
3
[(a) in relation to mines and to any other establishment wherein persons are employed
for the exhibition of equestrian, acrobatic and other performances, by the Central
Government, and]
(b) in relation to other establishments in s State, by the State Government.
NOTES. – This Act came into force in relation to mines in the territories to which it
extends on the 1st. November 1963 – Vide S.O. No. 2920, dated 5th. October, 1963,
published in the Gazette of India, Part II, Sec. 3 (ii), dated 12th. October, 1963. This Act
came into force in the whole of Uttar Pradesh with effect from 22nd. February 1974, vide
notification No. 512 (V)-2/36-5-13 (V) 72, dated 22nd. February 1974.
2. Application of Act. -- (1) It applies in the first instance, to every establishment being a
factory, mine or plantation 4[including any such establishment belonging to Government
and to every establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances]:
Provided that the State Government may, with the approval of the Central Government,
after giving not less than two months’ notice of its intention of so doing, by notification
1
Received the assent of the President on the 12th. December, 1961 and published in the Gazette of India,
Extraordinary, dated 13th. December 1961. For Statement of Objects and Reasons see Gazette of India,
Extraordinary, Part II, dated 6th. December 1960.
2
Words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, Sec. 2 and Sch.
3
Subs. by Act 52 of 1973, Sec. 2, w.e.f. 1-3-1975 – Vide notification No. S.O. 113A (E), dated 27-2-1975.
4
Subs. by Aci 52 of 1973, S.3.
2. In the official on In the official Gazette, declare that all or any of the provisions of this
Act shall apply also to any other establishment or class of establishments, industrial,
commercial, agricultural or otherwise.
(2) 5[Save as otherwise provided in 6[sections 5A and 5B] nothing contained in this Act]
shall apply to any factory or other establishment to which the provisions of the
Employees’ State Insurance Act, 1948 (84 of 1948), apply for the time being.
3. Definitions. -- In this Act, unless the context otherwise requires, --
(a) “appropriate Government” means in relation to an establishment being a mine 7[or
an establishment where persons are employed for the exhibition of equestrian,
acrobatic and other performances], the Central Government and in relation to any
other establishment, the State Government;
(b) “child” includes a still-born child;
(c) “delivery” means the birth of a child;
(d) “employer” means –
(i) in relation to an establishment which is under the control of the Government, a
person or authority appointed by the Government for the supervision and
control of employees or where no person or authority is so appointed, the
head of the department;
(ii) in relation to an establishment which is under any local authority, the person
appointed by such authority for the supervision and control of employees or
where no person is so appointed, the chief executive officer of the local
authority;
(iii) in any other case, the person who are the authority which has the ultimate
control over the affairs of the establishment and where the said affairs are
entrusted to any other person whether called a manager, managing director,
managing agent, or by any other name, such person;
[8(e) “establishment” means –
(i) a factory;
(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for the exhibition of
equestrian, acrobatics and other performances; or
5
Subs. by Aci 21 of 1972, S.2.
6
Subs. by Act 53 of 1976, sec. 2, for “section 5A”. Act 53 of 1976 came into force w.e.f. 1-5-1976 – Vide
notification No. S.O. 337 (E), dated 30-4-1976.
7
Added by Act 52 of 1973, S. 4.
8
Subs. by Act 52 of 1973, S. 4.
3. (v) an establishment to which the provisions of this Act have been declared under
sub-section (4) of section 2 to be applicable;]
(f) “factory” means a factory as defined in clause (m) of section 2 of the Factories
Act, 1948 (63 of 1948);
(g) “Inspector” means an Inspector appointed under section 14;
(h) “maternity benefit” means the payment refereed to in sub-section (1) of section 5;
(i) “mine” means a mine as defined in clause (j) of section 2 of the Mines Act, 1952
(35 of 1952)
(j) “miscarriage” means expulsion of the contents of a pregnant uterus at ay period
prior to or during the twenty-sixth week of pregnancy but does not include any
miscarriage the causing of which ins punishable under the Indian Penal Code (45
of 1860);
(k) “plantation” means a plantation as defined in clause (f) of section 2 of the
Plantations Labour Act, 1951 (69 of 1951);
(l) “prescribed” means prescribed by rules made under this Act;
(m) “State Government” in relation to a Union territory, means the Administrator
thereof;
(n) “wages” means all remuneration paid or payable in cash to a woman, if the terms
of the contract of employment, express or implied, were fulfilled and includes –
(1) such cash allowances (including dearness allowance and house rent
allowance) as a woman is for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional supply of foodgrains and other
articles,
but does not include –
(i) any bonus other than incentive bonus;
(ii) overtime earnings and any deduction or payment made on account of
fines;
(iii) any contribution paid or payable by the employer to any pension fund
or provident fund or for the benefit of the woman under any law for
the time being in force; and
(iv) any gratuity payable on the termination of service;
(o) “woman” means a woman employed, whether directly or through any agency, for
wages in any establishment.
NOTES. – Sec 3 (f). – A factory does not include a mine subject to the operation of
the Mines Act, 152, or a railway running-shed.
Sec. 3 (j) – The definition of miscarriage is similar to the definition as given in Sec. 2
(14-B) of the Employees’ State Insurance Act, 1948.
4. 4. Employment of, or work by, women prohibited during certain period. -- (1) No
employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a
request being made by her in this behalf, be required by her employer to do during the
period specified in sub-section (4) 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.
(4) The period referred to in sub-section (3) shall be –
(a) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does
not avail of leave of absence under section 6.
5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act,
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
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.
Explanation. – For the purpose of this sub-section, 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 three calendar months immediately preceding the date from which
she absents herself on account of maternity, or one rupee a day, whichever is higher.
(2) 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 one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery:
Provided that the qualifying period of one hundred and sixty 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.
Explanation: - For the purpose of calculating under this sub-section the days on
which a woman has actually worked in the establishment, the days for which she has
been laid-off during the period of twelve months immediately preceding the date of her
expected delivery shall be taken into account.
5. (3) The maximum period for which any woman shall be entitled to maternity benefit shall
be twelve weeks, that is to say, six weeks up to and including the day of her delivery and
six weeks immediately following that day:
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 of six weeks immediately following the date of her
delivery, leaving behind in either case the child, the employer shall be liable for the
maternity benefit for the entire period of six weeks immediately following the day of her
delivery but if the child also dies during the said period, then for the days up to and
including the day of the death of the child.
NOTES. – The term “week” means a cycle of seven days including Sundays;
B. Shah V. Presiding Officer, A.I.R. 1978 S. C. 12.
9
[5-A. Continuance of payment of maternity benefit in certain cases. -- Every woman
entitled to the payment of maternity benefit under this Act shall, notwithstanding the
application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or
other establishment in which she is employed, continue to be so entitled until she
becomes qualified to claim maternity benefit under Sec. 50 of that Act.]
10
[5-B. Payment of maternity benefit in certain cases. -- Every woman –
(a) who is employed in a factory or other establishment to which the provisions of
the Employees’ State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed
the amount specified in sub-clause (b) of clause (a) of section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of section 5, shall be
entitled to the payment of maternity benefit under this Act].
6. Notice of claim for maternity benefit and payment thereof. -- (1) Any woman
employed in an establishment and entitled to maternity benefit under the provisions of
this Act may give notice in writing in such form as may be prescribed, to her employer,
stating that her maternity benefit and any other amount to which she may be entitled
under this Act may be paid to her or to such person as she may nominate in the notice and
that she will not work in any establishment during the period for which she receives
maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which
she will be absent from work, not being a date earlier than six weeks from the date of her
expected delivery.
9
Ins. By Act 21 of 1972, S. 3.
10
Ins. By Act 53 of 1976, S. 3.
6. (3) Any woman who has not given the notice when she was pregnant may give such
notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from
the establishment until the expiry of six weeks after the day of her delivery.
(5) The amount of maternity benefit for the period preceding the date of her expected
delivery shall be paid in advance by the employer to the woman on the production of
such proof as may be prescribed that the woman is pregnant, and the amount due for the
subsequent period shall be paid by the employer to the woman within forty-eight hours of
production of such proof as may be prescribed that the woman has been delivered of a
child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity
benefit or any other amount under this Act if she is otherwise entitled to such benefit or
amount and in any such case an Inspector may either of his own motion or on an
application made to him by the woman, order the payment of such benefit or amount
within such period as may be specified in the order.
NOTES. – See also Sec. 50 of the Employees’ State Insurance Act, 1948, for
conditions under which a woman becomes qualified to claim maternity benefit under this Act.
7. Payment or maternity benefit in case of death of a 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 under
the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or
amount to the person nominated by the woman in the notice given under section 6 and in
case there is no such nominee, to her legal representative.
8. 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 twenty-five
rupees, if no pre-natal confinement and post-natal care is provided for by the employer
free of charge.
9. 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 six weeks immediately following the day of her miscarriage.
10. 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 one month.
11. 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
7. of her daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months.
12. Dismissal during absence 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 sub-
section (1).
13. 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 sub-
section (3) of section 4 : or
(b) breaks for nursing the child allowed to her under the provisions of section 11.
14. 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.
15. 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
8. 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
form them under this Act; and
(d) take copies of any registers and records or notices or any portions thereof.
16. Inspectors to be public servants. -- Every Inspector appointed under this Act shall be
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code
(45 of 1860).
17. 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 sub-
section (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.
18. 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.
19. Abstracts of Act and rules thereunder to be exhibited. -- An abstract of the
provisions of this Act and the rules made thereunder in the language or languages of the
9. locality shall be exhibited I a conspicuous place by the employer in every part of the
establishment in which women are employed.
20. Registers, etc. – Every employer shall prepare and maintain such registers, records
and muster-rolls and in such manner as may be prescribed.
21. Penalty for contravention of Act by employers. -- If any employer contravenes the
provisions of this Act or the rules made thereunder 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.
22. 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 thereunder or conceals or prevents any person from appearing before or being
examined by an Inspector, shall be punishable with imprisonment which ma extend to
three months, or with fine which may extend to five hundred rupees or with both.
23. Cognizance of offences. -- (1) No prosecution for an offence punishable under this
Act or any rule made thereunder shall be instituted after the expiry of one year from the
date on which the offence is alleged to have been committed and no such prosecution
shall be instituted except by, or with the previous sanction of, the Inspector;
Provided that in computing the period of one year aforesaid, the time, if any,
taken for the purpose of obtaining such previous sanction shall be excluded.
(2) No court inferior to that of a Presidency Magistrate or a Magistrate of the First Class
shall try any such offence.
NOTES. – Sections 21 to 23 deal with penalties under the Act and procedure to try offences committed
under this Act.
24. 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 thereunder.
25. 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.
26. Power to exempt establishments. -- If the appropriate Government is satisfied that
having regard to an establishment or a class of establishments providing for the grant of
benefit which are not less favourable than those provided in this Act, it is necessary so to
10. do, it may, by notification in the Official Gazette, exempt subject to such conditions and
restrictions, if any, as may be specified in the notifications, the establishment or class of
establishments from the operation of all or any of the provisions of this Act or of any rule
made thereunder.
27. 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.
28. Power to make rules. -- (1) The appropriate Government may, subject to the
condition of previous publication and by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for –
(a) the preparation and maintenance of registers, records and muster rolls;
(b) the exercise of powers (including the inspection of establishments) and the
performance of duties by Inspectors for the purposes of this Act;
(c) the method of payment of maternity benefit and other benefits under this Act in so
far as provision has not been made therefore in this Act;
(d) the form of notices under section 6:
(e) the nature of proof required under the provisions of this Act;
(f) the duration of nursing breaks referred to in section 11;
(g) acts which may constitute gross misconduct for purposes of section 12;
(h) the authority to which an appeal under clause (b) of sub-section (2) of section 12
shall lie, the form and manner in which such appeal may be made and the
procedure to be followed in disposal thereof;
(i) the authority to which an appeal shall lie against the decision of the Inspector
under section 17; the form and manner in which such appeal may be made and the
procedure to be followed in disposal thereof;
11. (j) the form and manner in which complaints be made to Inspectors under sub-
section (1) of section 17 and the procedure to be followed by them when making
inquiries or causing inquiries to be made under sub-section (2) of that section;
(k) any other matter which is to be, or may be, prescribed.
(3) Every rule made by the Central Government under this section shall be laid as soon as
may be after it is made, before each House of Parliament while it is in session for a total
period of thirty days which may be comprised in one session 11[or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive session, aforesaid,] both Houses agree in making any
modification in the rule or both houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
29. Amendment of Act 69 of 1951. -- In section 32 of Plantation Labour Act, 1951, --
(a) in sub-section (1), the letter and brackets “(a)” before the words “in the case of
sickness,” the word “and” after the words “sickness allowance”, and clause (b)
shall be omitted.
(b) In sub-section (2), the words “or maternity” shall be omitted.
30. Repeal. -- On the application of this Act. –
(i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and Maternity Benefit
Act, 1929 (Bom. Act VII of 1929), as in force in that territory, shall stand repealed.
11
Subs. by Act 52 of 1973, S. 5.