CHAPTER: IV MATERNITY BENEFIT

CHAPTER: IV

MATERNITY BENEFIT

45. Employment of women worker prohibited during certain

(1) No employer shall, knowingly employ a woman in his establishment during the eight weeks immediately following the day of her delivery.

(2)  No woman shall work in any establishment during the eight weeks immediately following the day of her delivery.

(3)No employer shall employ any woman for doing any work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health, if -

(a)     he has reason to believe or if she has informed him that she is likely to be delivered of a child within ten weeks.

(b)    she has to the knowledge of the employer been delivered of a child within the preceding ten weeks :

Provided that in case of tea plantation worker, woman worker can undertake light work if and for so long as the medical practitioner of the concerned tea estate certifies that she is physically fit to do so; and, for the days that she does such work, she shall be paid at the prevailing rate of pay for such work, and such pay shall be paid to her in addition to the maternity benefit which she may be entitled to receive under existing this Act.

46. Right to, and liability for, payment of maternity benefit.

(1) Every woman employed in an establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the expected day of her delivery and eight weeks immediately following the day of her delivery:

Provided that a woman shall not be entitled to such maternity benefit unless she has worked under the employer, for a period of not less than six months immediately preceding the day of her delivery.

(2) No maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children, but in that case she shall be entitled to the leave to which she would otherwise be entitled.

47. Procedure regarding payment of maternity benefit: (1)

Any pregnant woman entitled to maternity benefit under this Act may, on any day, give notice either orally or in writing to her employer that she expects to be confined within eight weeks next following and may therein nominate a person for purposes of receiving payment of maternity benefit in case of her death.

(2) Any woman who has not given such notice and has been delivered of a child, shall, within seven days, give similar notice to her employer that she has given birth to a child.

(3)     When a notice referred to in sub-section (1) or (2) is received, the employer shall permit the women to absent herself from work- a) from the day following the date of notice in the case mentioned in sub-section (1);

(b) from the day of delivery in the case mentioned in sub­section (2) until eight weeks after the day of delivery.

(4) An employer shall pay maternity benefit to a woman
entitled thereto in such one of the following ways as the woman
desire, namely :

(a)    for eight weeks, within three working days pf the production of a certificate signed by registered medical practitioner stating that the woman is expected to be confined  within  eight  weeks  of the  date  of the certificate, and for the remainder of the period for which she is entitled to maternity benefit under this Act within three working days of the production of
proof that she has given birth to a child;

(b)   for the said period upto and including the day of delivery, within three working days of the production of proof that she has given birth to a child, and for the remainder of the said period, within eight weeks of the production of such proof; or

(c)     for the whole of the said period, within three working days of the production of proof that she has given birth to a child:

Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the payment of which is dependent upon the production of proof under this sub-section that she has given birth to a child, unless such proof is produced within three months of the day of her delivery.

(5) The proof required to be produced under sub-section (4) shall be either a certified extract from a birth register under the Births and Death Registration Act, 2004 (XXIX of 2004), or a certificate signed by a registered medical practitioner or such other proof as may be accepted by the employer.

48.         Amount of maternity benefit : (1) The maternity benefit which is payable under this Act shall be payable at the rate of daily, weekly or monthly average wages, as the case may be, calculated in the manner laid down in sub-section (2), and such payment shall be made wholly in cash.

(2) For the purpose of sub-section (1) the daily, weekly or monthly average wages, as the case may be, shall be calculated by dividing the total wages earned by the woman during the three months immediately preceding the date on which she gives notice under this Act by the number of day she actually worked during the period.

49.         Payment of maternity benefit in case of a woman's death :

(1) If a woman entitled to maternity benefit under this Act dies at the time of her delivery or during the next period of 8 months, the employer shall pay the amount of maternity benefit due, if the newly born child survive her, to the person who undertakes the care of the child, and if the child does not survive her; to the person nominated by her under this Chapter, or if she has made no such nomination, to her legal representative.

(2) If a woman dies during the period for which she is entitled to maternity benefit but before giving birth to a child, the employer shall be liable only for the period upto and including the day of her death, provided that any sum already paid to her in excess of such liability shall not be recoverable from her legal representative, and any amount due at the woman's death shall be paid to the person nominated by her under this chapter, or if she has made no such nomination, to her legal representative.

50. Restriction on termination of employment of a woman in certain cases: If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six .months before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter.

CHAPTER: VIII : WELFARE

89.  First-aid   appliances   :   (1)  There  shall,  in  every
establishment be provided and maintained, so as to be readily
accessible during all working hours, first-aid boxes or cupboards
equipped with the contents prescribed by rules.

(2)  The number of such boxes or cupboards shall not be less
than  one  for  every  one  hundred  fifty  workers  ordinarily
employed in the establishment.

(3)  Every first-aid box or cupboard shall be in charge of a
responsible person who is trained in first-aid treatment and who
shall always be available during the working hours of the
establishment.

(4)  A notice shall be affixed in every work-room stating the
name of person in charge of the first-aid box or cupboard
provided in respect of «that room and such person shall wear a
badge so as to facilitate identification.

(5)  In every establishment wherein three hundred or more
workers are ordinarily employed, there shall be provided and
maintained a sick room with dispensary of the prescribed size,
containing the prescribed equipment or similar facilities, in the
charge of such medical and nursing staff as may be prescribed.

90. Maintenance   of  Safety   Record   Book.- In every
establishment/factory wherein more than twenty five workers
are employed, shall maintain compulsorily, in the prescribed
manner, a safety record book and safety board.

91.         Washing facilities : (1) In every establishment-
a) adequate and suitable facilities for washing and bathing shall be provided and maintained for the use of the workers therein;

(b)    separate and adequately screened facilities shall be
provided for the use of male and female workers; and

(c)      such facilities shall be conveniently accessible and
shall be kept clean.

(2) The Government may in respect of any establishment or class or description of establishments or of any manufacturing process, prescribed standards of adequate and suitable facilities for washing.

92.         Canteens : (1) In every establishment wherein more than
one hundred workers are ordinarily "employed, there shall be
provided adequate number of canteens for the use of the workers.

(2) The Government may make rules providing for-

(a)     the    standards    in    respect    of    construction,
accommodation, furniture and other equipment of the
canteen; and

(b)    the constitution of a managing committee for the
canteen and representation of the workers in the
management to the canteen.

(3) The managing committee to be formed under the rules
shall determine the foodstuff to be served in the canteen, and the
charges thereof.

93.         Shelters, etc.   (1) In every establishment wherein more
than fifty workers  are  ordinarily  employed,   adequate  and
suitable shelters or rest rooms, and a suitable lunch room, with
provision for drinking water, where workers can eat meals
brought by them, shall be provided and maintained for the use of
the workers.

Provided that any canteen maintained in accordance with the provisions of section 92 shall be regarded as part of the requirements of this sub-section:

Provided further that where a lunch room exist, no worker shall eat any food in the work room.

(2) The shelters, rest rooms or lunch rooms provided under
sub-section (1) shall be sufficiently lighted and ventilated and
shall be maintained in a cool and clean condition.

(3) In the establishments wherein more than 25 female
workers  are  employed,   separate  shelter  rooms  are  to  be
maintained and in establishment wherein less then 25 female
workers are employed/separate and adequate spaces with screen
shall be provided.

94.        Rooms for children : (1) In every establishment, wherein
forty or more workers are ordinarily employed, there shall be
provided and maintained a suitable room or rooms for the use of
children under the age of six years of such women.

(2) Such rooms shall provide adequate accommodation, adequately lighted and ventilated and maintained in a clean and sanitary condition and shall be under the charge of woman trained or experienced in the care of children and infants.

(3) Such rooms shall be conveniently accessible to the
mothers of the children accommodated therein and so far as is
reasonably practicable they shall not be situated in close
proximity to any part of the establishment where obnoxious
fumes,  dust or odours are given off or in which excessively noisy
processes are carried on.

(4) Such rooms shall be solidly constructed and all the walls
and roof shall be of suitable heat resisting materials and shall be
water-proof.

(5) The height of such rooms shall not be less than 360cm
from the floor to the lowest part of the roof and there shall be not
less than 600sq. cm of floor area for each child to be accommodated.

(6) Effective and suitable provisions shall be made in every
part of such room for securing and maintaining adequate
ventilation by the circulation of fresh air.

(7) Such rooms shall be adequately furnished and equipped
and in particular there shall be one suitable cot or cradle with
necessary bedding for each child, at least one chair or equivalent
seating accommodation for the use of each mother while she is
feeding or attending to her child and a sufficient supply of
suitable toys for the older children.

(8) A suitable fenced and shady open air play-ground shall be
provided for the older children;

Provided that the Chief .Inspector may, by order in writing, exempt any establishment from compliance with this sub-rule if he is satisfied that there is not sufficient space available for the provision of such a playground.

95. Recreational and educational facilities in tea plantation :

The Government may, in respect of the plantations :

(a)      make   rules   requiring   every   employer  to   make
provision  for  such  recreational facilities  for the
workers and their children as may be prescribed;

(b)     where the children of the tea plantation workers
between the ages of six and twelve of the workers
exceed twenty-five in number, make rules requiring
the employer to provide educational facilities for the
children in such manner and of such standard as may
be .prescribed.

(c) In every tea plantation there shall be established adequate medical centers for the workers and their children as may be prescribed by rules.

96. Housing facilities in tea plantation : Every employer in a
tea plantation shall provide housing facilities to every worker
and his family residing in the tea plantation.

97. Facilities for daily necessities, etc. in tea plantation :

Every employer in a tea plantation shall provide facilities within easy reach of the workers for obtaining the daily necessities of life.

98. Medical care for newspaper workers : Every newspaper
worker and his dependents shall be entitled to medical care at the
cost of the newspaper establishment in such manner and to such
extent as may be prescribed.

99. Compulsory Group Insurance: Government may, in the
manner provided by rules, introduce group insurance, in the
establishments wherein minimum 200 permanent workers are
employed.