ppt maternity benefit act, 1961
TRANSCRIPT
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• MATERNITY BENEFIT ACT, 1961.
•OBJECTIVES: TO REGULATE EMPLOYMENT OF WORKWOMEN IN CERTAIN
ESTABLISHMENTS FOR CERTAIN PERIOD BEFORE AND AFTER CHILD-BIRTH
AND TO PROVIDE FOR MATERNITY BENFEIT AND CERTAIN OTHER BENEFITS.
APPLIES TO THE WHOLE OF INDIA. – TO ESTABLISHMENT BEING FACTORY, MINE,
PLANTATION, SHOP IN WHICH TENOR MORE PERSONS ARE EMPLOYED OR
WERE EMPLOYED ON ANY DAY OF THE PRECEDING TWELVE MONTHS. STATE
GOVT. CAN EXTENDS IT’S APPLICATION TO ANY OTHER ESTABLISHMENT.
EMPLOYMENT OF OR WORK BY WOMEN PROHIBITED DURING CERTAINPERIODS.
NO EMPLOYER SHALL EMPLOY A WOMAN DURING SIX WEEKS IMMEDIATELY
FOLLOWING THE DAY OF HER DELIVERY/MISCARRIAGE/MEDICAL TERMINATION
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OF PREGNANCY.
• NO WOMAN SHALL WORK IN ANY ESTABLISHMENT DURING SIX WEEKS
IMMEDIATELY FOLLOWING THE DAY OF HER DELIVERY/MISCARRIAGE OR
MEDICAL TERMINATION OF PREGNANCY.
• NO WOMAN SHALL BE REQUIRED BY HER EMPLOYER TO DO, DURING
ONE MONTH PRECEDING THE PERIOD OF SIX WEEKS BEFORE THE DATE OF
HER EXPECTED DELIVERY AND ANY PERIOD DURING PERIOD OF SIX
WEEKS FOR WHICH THE PREGNANT WOMAN DOES NOT AVAIL OF LEAVE OF
ABSENCE, ANY WORK OF 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 ADVERSELY AFFECT HER HEALTH. (Section 4)
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• RIGHT TO PAYMENT OF MATERNITY BENEFITS: EVERY WOMAN SHALL BE
ENTITLED TO AND HER EMPLOYER SHALL BE LIABLE FOR, PAYMENT OF
BENEFIT AT THE RATE OF AVERAGE DAILY WAGE DURING HER ABSENCE.
• NO WOMAN IS ENTITLED TO MATERNITY BENEFIT UNLESS SHE HAS
ACTUALLY WORKED IN ESTABLISHMENT FOR A PERIOD OF NOT LESS THAN
EIGHTY DAYS IN TWELVEL MONTHS IMMEDIATELY PRECEDING DATE OF
HER EXPECTED DELIVERY. (Section 5)
MEDICAL BONUS OF Rs. 250/- IF NO PRE-NATAL CONFINEMENT AND
POST-NATAL CARE IS PROVIDED FOR BY THE EMPLOYER FREE OF CHARGE.
(Section 8)
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• LEAVE FOR MISCARRIGE/MEDICAL TERMINATION OF PREGNANCY FOR
SIX WEEKS FOLLOWING DAY OF HER MISCARRIAGE/TERMINATION OF
PREGNANCY AT THE RATE OF MATERNITY BENEFIT. (Section 9)
• LEAVE WITH WAGES FOR TUBECTOMY OPERATION: LEAVE WITH WAGES
AT THE RATE OF MATERNITY BENEFIT FOR TWO WEEKS FOLLOWING
TUBECTOMY OPERATION. (Section 9A)
• LEAVE FOR ILLNESS ARISING OUT OF PREGNANCY, DELIVERY, PRE-MATURE
BIRTH OF CHILD/MISCARRIAGE, MEDICAL TERMINATION OF PREGNANCY OR
TUBECTOMY OPERATION: IN ADDITION TO ABOVE BENEFITS, PAID LEAVE
FOR ONE MONTH IS ALLOWED. (Section 10)
• TWO NURSING BREAKS - EACH CONSISTING OF 15 MINUTES UNTIL THE CHILD
ATTAINS AGE OF 15 MONTHS IN THE COURSE OF HER DAILY WORKS. (Section 11)
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• DISMISSAL DURING ABSENCE OF PREGNANCY:
•WHEN A WOMAN ABSENTS HERSELF FROM WORK IN ACCORDANCE WITH
THE PROVISIONS OF THIS ACT, IT SHALL BE UNLAWFUL TO DISCHARGE OR
DISMISS HER DURING OR ON ACCOUNTOF SUCH ABSENCE OR TO GIVE
NOTICE OF DISCHARGE OR DISMISSAL OR TO VARY TO HER DIS-ADVANTAGE
ANY CONDITIONS OF HER SERVICE. PROVIDED WHERE DISMISSAL IS FOR
ANY PRESCRIBED GROSS MISCONDUCT, EMPLOYER MAY DEPRIVE HER OF
THE MATERNITY BENEFIT OR MEDICAL BONUS OR BOTH.
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• ‘ PROVISIONS OF MATERNITY LEAVE EVEN ENTITLED TO WOMEN
ENGAGED ON CASUAL BASIS OR ON MUSTER ROLL BASIS ON DAILY WAGES
AND NOT ONLY TO THOSE IN REGULAR EMPLOYMENT ( 2000 SC CASES
(L&S) 331 – MUNICIPAL CORPORATIONOF DELHI VS. FEMALE WORKERS
(MUSTER ROLL) AND ANOTHER.
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