Page 207 - DCOM207_LABOUR_LAWS

Labour Laws

Notes (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) over-time 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.

Self Assessment

Fill in the blanks:
4. .................... means a factory as defined in clause (m) of section 2 of the Factories Act, 1948
(63 of 1948).

5. .................... means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of
1952).
6. .................... earnings and any deduction or payment made on account of fines.

12.3 Objective of this Act

The Act was passed with a view to reduce disparities under the existing Maternity Benefit Act
and to bring uniformity with regard to rates, qualifying conditions and duration of maternity
benefits. The Act repealed the Mines Maternity Benefit Act, 1941, the Bombay Maternity Benefit
Act, 1929, the provisions of maternity protection under the
Plantations Labour Act, 1951 and all other provincial enactments covering the same field.
However, the Act does not apply to factory or establishment to which the provision of Employee’s
State Insurance Act 1948 applies, except as otherwise provided in Sections 5A and 5B of the Act.

The Act extends to the whole of India. It applies, in the first instance: to every establishment being
a factory, a 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 shop and establishments in a state, in which ten or more persons
are employed, or were employed, on any day of the preceding twelve months.

Notes The State Government is empowered to extend all or any of the provisions
of the Act to any other establishment or class of establishments, industrial, commercial,
agricultural or otherwise with the approval of the Central Government by giving not less
than two month’s notice of its intention of so doing.

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