Page 213 - DCOM207_LABOUR_LAWS

Labour Laws

Notes

Notes 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, the minimum rate of wage fixed or revised under the
Minimum Wages Act, 1948 or ten rupees, whichever is the highest.

(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 eighty days in the twelve months immediately preceding the date of her expected
delivery:
Provided that the qualifying period of eighty 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.

Notes 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
or was on holidays declared under any law for the time being in force to be holidays with
wages during the period of twelve months immediately preceding the date of her expected
delivery shall be taken into account.

(3) The maximum period for which any woman shall be entitled to maternity benefit shall
be twelve weeks of which not more than six weeks shall precede the date of her expected
delivery:
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 immediately following the date of her delivery for which she is entitled for
the maternity benefit, leaving behind in either case the child, the employer shall be liable for the
maternity benefit for that entire period but if the child also dies during the said period, then, for
the days up to and including the date of the death of the child.
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 section 50 of that Act.
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 (9) 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.

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