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THEMATERNITY BENEFIT ACT,
1961 |
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This Act is to protect and empower
women as workers. To prevent unfair employment practices
and exploitation of women in the labour market, and
to safeguard the health and well-being of the mother
and child it was essential to provide maternity protection
to working women. The Act apply to whole of India. It
applied to all establishment – factories, mines,
manufacturing, and shops, etc., where a minimum of ten
or more workers are working. The Act is amended in 1995
in which miscarriage replaced by MTP (permissible under
the provision of the MTP Act 1971 (Sec 3 and 4). |
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The Stage Government can, with
the approval of the Central Government, declare that
all or any of the provisions of the Act apply to any
of the establistments. According to this Act, every
women is entitled to payment of maternity benefit at
the rate of the average daily wage for a period of six
weeks up to and including the day of her delivery and
for six weeks immediately following that day, i.e. a
total of 12 weeks. Pregnant woman must exempt from any
work which involved in long hours of standing. |
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If no prenatal confinement and
postnatal care provided for by the employer free of
charge, every women entitled to maternity benefit under
this Act is also entitled to a bonus of Rs. 250. In
case of miscarriage or MTP on production of proof a
woman is entitled to leave with wages for a period of
six weeks immediately following eh day of her miscarriage
or MTP. She should be qualified for this benefit if
she has completed 160 days of 12 months of job immediately
preceding the date of her expected delivery.
There is provision of leave with wages for tubectomy
operation for a period of 2 weeks (Sec. 9A). Every woman
who returns to duty after her delivery should, in addition
to the interval of rest allowed, be allowed in the course
of her daily work two breaks of prescribed duration
for nursing the child until it attains the age of 15
months. |
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If any employer contravenes the
provisions of this Act or the rules he/ she is punishable
with imprisonment from three months up to one year or/
and with fine from Rs. 2000 to Rs. 5000 or with both. |
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