Oct 14, 2009 the maternity benefit act, 1961 pdf download. In exercise of the powers conferred by section 28 of the maternity benefit act, 1961 53 of 1961, the central government hereby. Maternity benefit act is applicable to establishments irrespective of the number of females employed. The maternity benefit act 1961 indian bare acts india. Maternity benefit act, 1961 that protects womens employment, and womens and. The maternity amendment bill 2017, an amendment to the maternity benefit act, 1961, was passed in rajya sabha on august 11, 2016, in lok sabha on march 09, 2017, and received an assent from president of india on march 27, 2017. The maternity benefit act, 1961, is a social legislation which says that every woman employed is entitled to the payment of maternity benefits at the rate of the average daily wage with without any inequality. Maternity benefit act, 1961 is a boon for the working women in the sense that they dont have job insecurity during their maternity period. Maternity benefit act, 1961 the act now mandates that the employer of the establishment should inform a women all benefits made available under the law, at the time of her appointment. Maternity benefit act, 1961 to regulate the employment of women for a certain period before and after childbirth and to provide them maternity benefits. Applicability it extends to the whole of india and applies to i every factory, mine, plantations. Annual return under the maternity benefit act, 1961 for the year ending on the 31 st december 20 employment, dismissal, payment of bonus etc of women for the year ending on 31 st december, 20. The maternity benefit amendment act, 2017 a big and positive. In 1961, the maternity benefit act was passed by indian government aiming at a.
Knowhow on maternity benefit act, 1961 attached files maternity benefit act, 1961. The maternity benefit act, 1961 has been enacted to regulate the employment of women in certain establishments for a certain period before and after the child birth and also to provide for maternity and other benefits applicability. As per the details available, women working in any organization for a minimum of 80 days in the last year are eligible to get the maternity benefit. In this article, arpit srivastava put forth the employers obligation under the maternity benefit act, 1961. Maternity benefit act,1961 case laws maternity leave. Payment of maternity benefit in case of death of a woman. Be it enacted by parliament in the twelfth year of the republic of india as follows. The maternity benefit act 1961 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the maternity benefit act 1961 national security, others, procedural and administration, property related, public utilities, shipping laws, tax. Salient features of the maternity benefit amendment act,2017salientfeatures of the maternity benefit amendment act,2017 the act extends to whole of india to all mines, plantations, shops, establishments and factories either in organized or. Maternity benefit act, 1961 pdf download writinglaw.
The maternity benefit act, 1961 with latest amendments. Mar 26, 2018 this video contains the revision of maternity benefit act, 1961. Download form1 maternity benefit act, 1961 submitted by admin on tue, 14082012 14. Details of payment made during the year ending on the 31 st december, 20. The maternity benefit act, 1961 regulates the employment of women in factories, mines, the circus industry, plantations and shops or establishments employing 10 or more persons except the employees who are. Download form1 maternity benefit act, 1961 maternity leave. 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. Maternity benifit act report 1961 a legal research. Maternity benefit act came into force in the year 1961 with the objective of safeguarding the dignity of motherhood and providing healthy care to mother and her child. In these rules, unless the context otherwise requires, a the act means the maternity benefit act, 1961 53 of 1961. Aggregate number of women permanently or temporarily employed during the year.
But, where the factoryestablishment is governed under the employees state insurance act, and the woman employee is not qualified to claim maternity benefit under section 50 of that act, because her wages exceed rs. The object of maternity leave and benefit is to protect the dignity of motherhood by providing for the full and healthy. In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation. Right to payment of maternity benefit 1 subject to the provisions of this act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual.
The maternity benefit act 1961 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the maternity benefit act 1961 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws. All statutory deductions for pf, esi, professional tax, it, etc. Therefore, even if there is only one female employee the act will be applicable and she will be eligible for maternity benefits. Annual return under the maternity benefit act, 1961 for the year ending on the 31 st december 20 prosecution under the maternity benefit act, 1961 during the year ending on the 31 st december 20. An act to regulate the employment of women in certain establishment for certain period before and after childbirth and to provide for maternity benefit and. Tamil nadu maternity benefit rules, 1967 legislation. Jul 29, 2016 the objective behind the enactment of maternity benefit act, 1961 hereinafter the act was to regulate the employment of women for certain period before and after childbirth and to provide them maternity benefit. To remove this lacuna, it is proposed to amend the maternity benefit act, 1961, so as to provide that in the event of the application of the employees state insurance act, 1948 to any factory or establishment, maternity benefit under the maternity benefit act would continue to be available to women workers therein, until they become qualified. The maternity benefit act, 1961aims toprovide all thesefacilities to a working. Be it enacted by parliament in the twelfth year of the republic. The maternity benefits act, 1961 was enacted by the central government with an objective to provide leave to working women and to grant other benefits during pregnancy. Scribd is the worlds largest social reading and publishing site.
The object of the act is to protect the dignity of motherhood and the dignity of a new persons birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working. Eligibility required availing the benefits of the maternity benefit act 1961. An act to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits. On august 11, the rajya sabha passed the maternity benefit amendment bill, 2016 that seeks to increase the maternity leave period from the current 12 weeks to 26 weeks. Any woman employed in an establishment and entitled to maternity benefit under the provisions of this act may give notice in writing in such form as may be prescribed. Maternity benefits act 1961, act under the maternity. Employment of, or work by, women prohibited during certain periods 5. The maternity benefit act, 1961 pdf download citehr.
With the object of providing maternity leave and benefit to women employee the maternity benefit bill was passed by both the houses of parliament and subsequently it received the assent of president on 12th december, 1961 to become an act under short title and numbers the maternity benefit act, 1961 53 of 1961. Continuance of payment of maternity benefit in certain cases. Labour law consultants in india epf consultants in india. Consequently, a woman worker employed in a factory or other establishment and entitled to maternity benefit under. Maternity benefit act 1961 free download as powerpoint presentation. Such information must be given in writing and electronically. The maternity benefit act, 1961 does not by reason of the provisions of subsection 2 of section 2 thereof, apply to any factory or other establishment to which the provisions of the employees state insurance act, 1948, apply. Compensation management 0911 1 compensation management maternity benefit act, 1961 iipm 0911. The maternity benefits act, 1961 linkedin slideshare. Introduction to maternity benefits act 1961 video4. Maternity benefit act 1961 military discharge pregnancy.
Form n annual return under the maternity benefit act, 1961 for the year ending on the 31 st december 20. Oct 27, 20 the maternity benefits act, 1961 was enacted by the central government with an objective to provide leave to working women and to grant other benefits during pregnancy. The fundamental purpose for providing maternity benefits is to preserve the. List of various central labour acts ministry of labor, india pdf consulted on 20061023 abstractcitation. This article explores indias maternity benefit amendment act, 2017. The act disallows the employer from knowingly engaging a woman at the workplace six weeks after her delivery or miscarriage. The act is downloaded from website of legislative department, government of india. Introduction the maternity benefit act, 1961 act no. Feb 16, 2012 maternity benefit act 1961 presented by. I have only reproduced the copy of the bare act of maternity benefit act, 1961. The maternity benefit act, 1961 maternity act regulates employment of women in establishments before and after childbirth provides for. Maternity benefit act 1961 to ensure the rights of working mothers to maternity benefits applies to every establishment which may be industrial, commercial, agricultural or otherwise.
Anyatama nayak critically analyses certain aspects of the newly introduced bill on maternity benefits in india. If you continue browsing the site, you agree to the use of cookies on this website. Analysis on effectiveness of the implementation of the. Maternity benefit act, 1961 extends to whole of india. Maternity leave in india increased to six months employment and. The maternity benefit act, 1961 was amended in 2008 by which for section 8, the following section was substituted. This act regulate t slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising.
Maternity leave in india stands increased to 26 weeks for the private sector. Workshop on impact on employment of the maternity benefit. Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by. T slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The pdf for maternity benefit act, 1961 also has internal links to help you read those sections or bare acts quickly the pdf for maternity benefit act, 1961 is fit for mobile phones and has a good font. This video contains the revision of maternity benefit act, 1961. An act to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and. Indias bold maternity benefit act can become a game changer if it. Salient features of the maternity benefit amendment act. This act is among those few acts that are applicable even in the state of jammu and kashmir. The maternity benefit act 1961 indian bare acts india bare.
The maternity benefit act, 1961legislative department ministry of. Maternity benefit act, 1961 article 42 of the constitution of india states that the state shall make provision for securing just and humane conditions of work and for maternity relief. Introduction definitions right to payment of maternity benefits leave for illness arising out of pregnancy, delivery. Jul 24, 2014 maternity benefit act of 1961 is a remarkable legislation providing benefits and security to woman employees during their period of gestation and motherhood. The 2017 notification extends the exemption to mergers and amalgamations. Dear friends, please find attached the maternity benefit act, 1961 process chart for your reference. In exercise of the powers conferred by section 14 of the maternity benefit act, 1961 central act, 53 of 1961. The maternity benefit act, 1961 the maternity benefit act, 1961 index sections particulars introduction 1. Content on this website is published and managed by the departmentorganisation for any query regarding this website, please contact the web information manager.
Employers obligations under the maternity benefit act, 1961. Notice of claim for maternity benefit and payment thereof. Details of payment made during the year ending on the 31 st. It regulates the employment of women in certain establishments for certain period before and after child birth, and provides for maternity benefits. The objective behind the enactment of maternity benefit act, 1961 hereinafter the act was to regulate the employment of women for certain period before and after childbirth and to provide them maternity benefit. The maternity benefit act, 1961 protects the employment of women during the time of her maternity and entitles her of a maternity benefit i. December, 1961 an act to regulate the employment of women in certain establishment for certain period before and after childbirth and to provide for maternity benefit and certain other benefits. At present provided under the different state acts on the subject and via three central acts the mines maternity benefit act, 1941. Maternity benefit act, 1961 with latest amendments of 2017. It applies to every establishment being a factory, mine or plantation including any. Dec 02, 2017 maternity benefit act, 1961 is a boon for the working women in the sense that they dont have job insecurity during their maternity period.
687 1136 352 330 1015 101 731 228 641 516 494 1638 1467 53 1582 29 932 924 782 1372 1174 684 939 1073 394 209 1173 934 1014 750 670 477 979 98 263 298 1057 1198 443 1103