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Unit 12: The Maternity Benefit Act, 1961
leave including maternity benefits and thereafter for a period of one month being the Notes
notice period. The petitioner is entitled to costs and the counsel fee of ` 5,000. Payment to
the petitioner is made within one month. Petition is disposed of in part accordingly.
Question
Critically analyse the above case.
Source: http://www.indianstaffingfederation.org/maternity.html
12.8 Summary
l z The Act was passed with a view to reduce disparities under the existing Maternity Benefit
Acts and to bring uniformity with regard to rates, qualifying conditions and duration of
maternity benefits.
l z The Act repealed the Mines Maternity Benefit Act, 1941, the Bombay Maternity Benefit Act,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.
l z One of the primary objectives of India’s Maternity Benefit Act (1961) is to maintain the
health of a pregnant female employee and her child.
l z An abstract of the provisions of the Act and the rules made thereunder has to be exhibited
in the language or languages of the locality in a conspicuous place in every of the
establishment in which women are employed.
l z The Act provides for penalties for the contravention of the provisions of the Act.
l z The Central Government has power to exempt an establishment from the operation of
all or any of the provisions of the Act if it is satisfied that the benefits granted by the
establishment are not less favourable than those provided in the Act.
l z Apart from the benefits provided under the Central Act, some State enactments provide
additional benefits, such as free medical aid, maternity bonus, provision of creches, and
additional rest intervals.
l z If benefits are improperly withheld, a complaint can be made to the inspectors appointed
by the government.
l z Every woman shall be entitled to, and her employer shall be liable for, the payment
of Maternity benefits 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, says the provision under Section 5.
l z The act applies to every factory, mine or plantation (including those belonging to
government), and to every shop or establishment wherein 10 or more people are
employed.
l z To be eligible to receive maternity benefits, the pregnant female employee must have
worked for at least 80 days within the 12 months immediately preceding her date of
delivery.
l z Pregnant female employees can receive payment of up to six weeks of leave before delivery,
and then can receive payment while taking up to six weeks of leave after delivery (within
48 hours of submitting proof of birth).
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