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Maternity Benefit Act, 1961 Section 5

Title: Right to Payment of Maternity Benefit

State: Central

Year: 1961

.....the days up to and including the day of her death: 3[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.] ________________________ 1. Substituted by Act 61 of 1988, section 4 w.e.f. 10-1-1989. 2. Substituted by Act 61 of 1988, section 4 for "one hundred and sixty days" w.e.f. 10-1-1989. 3. Substituted by Act 61 of 1998, section 4 w.e.f. 10-1-1989.

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Maternity Benefit Act, 1961 Complete Act

Title: Maternity Benefit Act, 1961

State: Central

Year: 1961

Preamble1 - MATERNITY BENEFIT ACT, 1961 Section1 - Short title, extent and commencement Section2 - Application of Act Section3 - Definitions Section4 - Employment of or work by, women prohibited during certain periods Section5 - Right to payment of maternity benefit Section5A - Continuance of payment of maternity benefit in certain cases Section5B - Payment of maternity benefit in certain cases Section6 - Notice of claim for maternity benefit and payment thereof Section7 - Payment of maternity benefit in case of death of a woman Section8 - Payment of medical bonus Section9 - Leave for miscarriage, etc. Section9A - Leave with wages for tubectomy operation Section10 - Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation Section11 - Nursing breaks Section12 - Dismissal during absence of pregnancy Section13 - No deduction of wages in certain cases Section14 - Appointment of Inspectors Section15 - Powers and duties of Inspectors Section16 - Inspectors to be public servants Section17 - Power of Inspector to direct payments to be made Section18 - Forfeiture of maternity.....

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Maternity Benefit Act, 1961 Section 6

Title: Notice of Claim for Maternity Benefit and Payment Thereof

State: Central

Year: 1961

.....amount due for the subsequent period shall be paid by the employer to the woman within forty- eight hours of production of such proof as may be prescribed that the woman has been delivered of a child. (6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order. ________________________ 1. Substituted by Act 61 of 1988, section 5 w.e.f. 10-1-1989.

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Maternity Benefit Act, 1961 Amending Act 1

Title: Maternity Benefit (Amendment) Act, 2008

State: Central

Year: 1961

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2008 [Act No. 15 of 2008] [1st April, 2008.] PREAMBLE An Act further to amend the Maternity Benefit Act, 1961. Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-- 1. Short title and commencement (1) This Act may be called the Maternity Benefit (Amendment) Act, 2008. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Substitution of new section 8 In the Maternity Benefit Act, 1961(53 of 1961), for section 8, the following section shall be substituted, namely:-- "8. Payment of medical bonus-(1) Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge. (2) The Central Government may before every three years, by notification in the Official Gazette, increase the amount of medical bonus subject to the maximum of twenty thousand rupees.".

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Maternity Benefit Act, 1961 Section 5A

Title: Continuance of Payment of Maternity Benefit in Certain Cases

State: Central

Year: 1961

1[5A. 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.] ________________________ 1. Inserted by Act 21 of 1972, section 3.

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Maternity Benefit Act, 1961 Section 7

Title: Payment of Maternity Benefit in Case of Death of a Woman

State: Central

Year: 1961

If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.

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Maternity Benefit Act, 1961 Preamble 1

Title: Maternity Benefit Act, 1961

State: Central

Year: 1961

THE MATERNITY BENEFIT ACT, 1961 [Act, No. 53 of 1961] [12th December, 1961] PREAMBLE An Act to regulate the employment of women in certain establishments for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:--

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Maternity Benefit Act, 1961 Section 5B

Title: Payment of Maternity Benefit in Certain Cases

State: Central

Year: 1961

1[5B. 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 over-time 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.] ________________________ 1. Inserted by Act 53 of 1976, section 3 w.e.f. 1-5-1976.

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Maternity Benefit (Amendment) Act 2008 Preamble 1

Title: Maternity Benefit (Amendment) Act, 2008

State: Central

Year: 2008

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2008 [Act No. 15 of 2008] [1st April, 2008.] PREAMBLE An Act further to amend the Maternity Benefit Act, 1961. Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:--

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Maternity Benefit Act, 1961 Section 18

Title: Forfeiture of Maternity Benefit

State: Central

Year: 1961

If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorised absence, she shall forfeit her claim to the maternity benefit for such period.

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