case study on maternity benefit act 1961 pdf

Case study on Maternity Benefit Act 1961: An Analysis

The objective of maternity benefits is to safeguard the dignity of motherhood by providing proper care-consideration to the child and mother when she is not able to fulfil her duties due to health reasons. i. introduction “war is to man what maternity is to a woman. from a philosophical and doctrinal viewpoint, i do not believe in perpetual… read more ».

The objective of maternity benefits is to safeguard the dignity of motherhood by providing proper care-consideration to the child and mother when she is not able to fulfil her duties due to health reasons. I. Introduction “War is to man what maternity is to a woman. From a philosophical and doctrinal viewpoint, I do not believe in perpetual peace.” – Benito Mussolini India is that the second-largest country in the world in terms of population, but it’s still within the class...

The objective of maternity benefits is to safeguard the dignity of motherhood by providing proper care-consideration to the child and mother when she is not able to fulfil her duties due to health reasons.

I. Introduction

“War is to man what maternity is to a woman. From a philosophical and doctrinal viewpoint, I do not believe in perpetual peace.” – Benito Mussolini

India is that the second-largest country in the world in terms of population, but it’s still within the class of developing countries, one of the most important reasons for which is the inequality in operating conditions between men and women. Trade unions were still in their infancy and the working conditions of ladies and kids in the facility were terribly important. After the regulation of sure laws, akin to the Labor Dispute Act of 1947 , things began to be largely regulated, but what regarding the precise conditions women face, such as childbirth, before, during, and after childbirth? In 1961, the Maternity Benefits Act 1961 , was implemented for the protection of women’s rights and interests, the act has gone through some amendments, made according to the changing needs of the society.

To regulate the employment of women before, during, and after childbirth and to provide a variety of benefits. This law covers all of India. Before the words “except in the case of Jammu and Kashmir” existed and were later released. The basic premise of this action is to create social justice for women workers of various works including those covered in the Employment Insurance Act, 1948 . The main purpose is to protect the health of the mother, provide certain benefits and the safety of the child, and regulate the work of women workers in certain establishments for periods before and after childbirth.

II. Maternity Benefit: Indian Scenario

Social stigma A maternity benefit is entitled to every woman and the employer shall be liable for the payment of maternity benefit which is to be given to her at the rate of the daily wage average for the period she was physically absent from the job. Post maternity women employees rate has been decreasing day by day and it is important to realize the significance of women participation which has increased in recent decades, which includes young, middle-aged, and old employees and thus because of this increasing number it is natural to safeguard their health.

India is therefore aiming to create more enhanced gender-friendly labour opportunities and work environments. The fundamental aim of this law is to preserve the respect, dignity of the “Motherhood” which keeps the human race alive and to provide support in health and complete safety of child and mother, as otherwise she will not able to perform her duty and could lose her job and source of income.

Economic dependence on women is what makes society today so that evils can be removed and women can take active roles for which government must aid. Women face discrimination mainly economically and socially resulting from their biological role in nature. To curb these situations there is a strict need for maternity benefits to provide them empowerment so that they may become self-reliant, economically independent because historically maternity has been treated as a kind of disability. It is important for the law to remove these inequalities so that the section of the population who is half the working segment of our society, can be uplifted and justice, equality, and fairness be served to all.

To become a mother is most natural phenomena and the employer has to be considerate and must realize that physical difficulties with such pregnant working females will affect their efficacy for that period and will have the struggle to perform her duties at the workplace while carrying a baby inside a womb or rearing it up after birth. And due to this reason, many employers tend to terminate the services of women when they found that pregnancy distracted women from work and women had to leave her job without payment when they actually need more financial stability for medical purposes and other basic necessities of child and mother. And if they had to keep working they were hit with heavy strain, exhaustion, and exertion which is injurious to both the life.

III. Maternity Benefit: Legal Framework

Indian Constitution

Women are provided rights and benefits under these Provisions- Article 14 provides the Right to equality in law , Article 15 provides the Right to social equality , under Article 16 Right to social equality in employment is mentioned, Article 21 Right to life and dignity. Under Directive Principles of State Policy the Articles 39 (a) provides“Right to adequate means of livelihood, Article 39 (d) Right to equal pay for equal work, Article 39 (e) Right that the health and strength of workers both men and women are not exploited and abused, Article 42 provides Right to just and humane conditions of work and maternity relief and under Article 46 Right to improvement in employment opportunities and conditions of the working women is provided [1] .

A milestone in this regard is given in a landmark judgment. [2] . In this case, discrimination was done between the stewardesses and the male pursers who were part of the same crew and cabin. One of the three issues was that Air India Corporation Act’s pregnancy clause stated that any of the air hostesses gets pregnant, they are to terminate their job immediately. The constitutional validity of this clause was challenged, for which the Supreme Court ruled that it is grossly unethical and in violation and infringement of rights under Articles 14 and 15 . The ability to work after pregnancy is a personal matter of the air hostess, that it shouldn’t be coerced.

Maternity Benefit Act 1961

According to section 2 of the said Act, it will apply to all establishments including plantation, shops where according to law 10 or more than 10 purple are working, mines or factories, or any other organization or company. The act does have a proviso clause where the government can add any class or category of establishments like agriculture, commercial, or otherwise within the boundaries of this act, as it deems necessary. In a landmark case [3] the court held that the provisions of this act shall be entitled to maternity leave and benefit not only to regularly employed workers but even to females who are engaged in casual or muster roll basis on a daily wage. In another case [4] the court said that to grant maternity leave of 180 days to all female employees state government and grant 730 days of childcare to minor Childs.

Section 3 of the law includes definitions of various appropriate government, maternity benefits, establishment, salaries, abortion, etc. Also according to section 4 , she’s going to not work for 1 month before her birth or for an amount of six weeks if the type of labour is stressful, like 6 weeks after her delivery—childbirth, medical termination, physiological state, or miscarriage.

Section 5 (1) states that maternal benefits are a benefit that each female should receive and that every employer is liable for the average daily wage rate on which she was absent, which will be the wage which she was receiving immediately 3 months before her absence, which again would come under the authority of Minimum Wages Act 1948 . The exception is that she would not be entitled to this if she has not worked in the said establishment in the last 12 months or at least 80 days —which includes the woman’s laid-off or any holiday declared by law. But then if the woman haves more than two or two children that this time period will be of just 12 weeks . If she dies during this period then the benefit will be given up only till that date and not after it and if she dies while childbirth or just after it then the child will get the benefit for the entire duration and this benefit will last only till the child is alive.

When adopting a child or commissioning mother [5] of below age 3 months , the woman is entitled to a benefit of 12 weeks, the term can be mutually agreed by the parties to work from home. In a leading case [6] the court signified the definition of “week” as a cycle of 7 days including Sunday. In another leading case [7] the issue was to include half days in calculating 160 days for determining maternity benefit arises where the court held that according to section 5 the period of lay-off shall also be included, during which period she is not expected to work and actual work for 160 days cannot be put on as a condition precedent for claiming the benefit. A woman can have a maximum of 26 weeks of maternity benefit; which includes 8 weeks prior to and including the day of delivery or miscarriage as provided by the new amendment act of 2017.

Under section 6 if a woman desires to claim the benefit then she will have to provide a written notice to her employer stating the time for which she will be unavailable and the amount to which she is entitled. She will be needed to provide a name for the nominee—which will be entitled to the benefit or any other amount, provide a notice when she conceives a baby, failure to do so will make her disentitled for the claim and this will depend according to the discretion go, inspector. She will also have to state that she will not be working in any other establishment during this period in the notice.

Section 7 says that if no nomination states then the legal representative of the woman will be entitled to the benefit. Section 8 provides that the employer is liable to proceed pre-natal confinement and post-natal care to the pregnant woman, failure to do so the woman will receive the damages of 1000/- which the central government can revise and increase every three years by notifying in the Official Gazette of India. Since 2011 the amount of medical bonus has increased to 3500 INR by the central government.

Under section 9 a woman is entitled to a leave and maternity benefit for about 6 weeks if she produces proof of miscarriages or medical termination of pregnancy and 2 weeks in case of tubectomy. Section 10 provides if a woman is suffering any illness or disease due to premature childbirth delivery, miscarriages, tubectomy, pregnancy, etc. then she is entitled to have a leave for 1 month with the maternity benefits in addition to the previously mentioned 12 weeks period.

Section 11A was added through the 2017 amendment act which talks about a crèche facility meaning a nursery for the care of preschool kids while their parents work. This clause puts this obligation to establish such facility on employer where there are 50 or more than 50 employees within the prescribed distance, to which workers are allowed to visit 4 times a day. Under section 12 the acts put an obligation on the employer not to dismiss or discharge a lady taking benefit under this act or give any sorts of notice for these matters and if done she is entitled to a medical bonus and maternity benefit and she should report this to any prescribed authority within 60 days. But if she is being let go because of her own gross misconduct then this obligation wears down from the head of the employer.

According to section 14, for this an inspector can be appointed by the authority who shall be a public servant according to section 16 , who can enter the work premises of concerned women at an inappropriate time to examine, report, register, record and inspect any required information from the employer about the details of the women. A proviso is there that no persons shall be coerced to provide any answers or evidence.

Section 17 discusses the power of an inspector to direct any payments and the other section discusses the maintenance of records and registers or any act exhibited by the employer. If without any reasonable grounds the employer fails to abide by any of the upper given sections of this act, then he shall be liable for a fine of 5000INR and one year of imprisonment.

Employees State Insurance Act, 1948

Apart from the upper given laws, maternity benefits are also provided under the Employees State Insurance Act, 1948 .” Related benefits are mentioned under Section 46, Section 50, and Section 56 of the said Act, and the rates and period of these benefits will be as provided by the Central Government. Under Section 73, the act puts a duty on the employer of not dismissing or punishing any employee during the period of maternity benefit and no notice of dismissal or discharge will be valid in the period specified for maternity benefit.

Though Maternity benefits are also under the purview of “Employees State Insurance Act, 1948”. However, the conflict between the two acts is averted by Section 2 of the Maternity Benefit Act, 1961 which states the application of the said act. Section 2 (2) clearly states the condition that apart from Section 5A and 5B this Act won’t apply to any factory or establishment to which provisions of Employees’ State Insurance Act, 1948 applies.

Central Civil Services Leave Rules : Rule 43 of the Central Civil Services Leave Rules, 1972 [8] states that a leave of 180 days with the same conditions.

IV. Conclusion

The objective of maternity benefits is to safeguard the dignity of motherhood by providing proper care—consideration to the child and mother when she is not able to fulfil her duties due to health reasons. The case of [9] discussed the motherhood theory in detail. This benefit aims to provide Quality time to the mother without worrying about losing her job and providing financial stability throughout this next phase of life.

There are certain drawbacks of these legislations such as these do not cover working women of an organized sector, not providing better clarity on crèche facility distance and if the employer has to be 26 weeks for paid absence then why he would not refrain from hiring women employees altogether reduce such additional costs. The new amendment will ensure full maternal care during the full bloom period that will encourage more women to join the jobs in the organized sector which will in-turn boost the financial independence of women.

The phenomenon of motherhood is the most important and beautiful thing in the world which should not be exploited at any cost. Any such discrimination and exploitation are inhumane and against every basic fundamental and basic human right which is both morally and ethically wrong. Every necessary step should be taken to safeguard such issues.

Bibliography & References

• Maternity Benefit Act, 1961
• The Maternity Benefit Act, 1961 and Maternity Benefit (Amendment) Act, 2017 and Creche Facility
• CRÈCHE facility by Employers in India: Rules Notified for Bangalore
• Creche Facility Under Maternity Benefit Amendment Act, 2017
• Indian Maternity Benefit (Amendment) Act, 2017
• Maternity Benefit Act, 1961 (MBA

[1] The Constitution of India, 1950′

[2] Air India v. Nargesh Mirza, 1981 AIR 1829

[3] Municipal Corporation of Delhi v. Female Workers (Muster Roll) Special Leave Petition (civil) 12797 of 1998

[4] Dr. Rachna Chaurasiya v. State of U.P. and others , Civil Misc. Writ Petition No. 24627 of 2017

[5] “A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman” (the woman who gives birth to the child is called a host or surrogate mother).”

[6] B. Shah v. Presiding Officer, Labour Court Coimbatore 1978 AIR 12, 1978 SCR (1) 701

[7] Ram Bahadur Thakur Pvt. Ltd. v. Chief Inspector of Plantations (1989) IILLJ 20 Ker

[8] http://www.bareactslive.com/indexch.html

[9] U. Ishwarya v. Director of Medical Education, Directorate of Medical Education, and Others, W.A.No.374 of 2018 and C.M.P.No.3128 of 2018

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International Journal of Law and Management

ISSN : 1754-243X

Article publication date: 31 May 2023

Issue publication date: 28 July 2023

This paper aims to clarify an impact of Maternity Benefits Act, 1961 (Amendment 2017) on job employment of working mothers. It proposes the certain facts that has positive impact on employment of women from the point of view of Government of India, but at the same time it highlights some negative implications that are faced by the employers and working mothers. The objective of this act is to provide a woman with a financial assistance and make her free from engaging in any work so as to protect health of “New Mother” and “New Born child”. Also, the act ensures women to take care of her child without having worry about loss of her job and loss of her employment.

Design/methodology/approach

This paper carries efforts of researcher done on the topic of “Impact of Maternity Benefits Act, 1961 (Amendment 2017)” and measures its impact on employers and job employment of working mothers in India through literature review from various sources like SCOPUS, EMERALD, EBSCO, PROQUEST, SAGE, etc. The paper opted for an exploratory study using the questionnaire approach of grounded theory, including 50 in-depth interviews of working mothers.

Outcome of this describes both positive and negative implications of this amendment on businesses and job employment of working mothers. It throws the limelight on implementation of this act in real life and identification of problems and stress faced by women employee either to get the job or to retain the job during pregnancy period which is very hazardous to the health of women and her inborn child also.

Research limitations/implications

Because of the chosen research approach, the research results may lack generalizability. Therefore, researchers are encouraged to test the proposed propositions further.

Practical implications

The paper includes implications of the Maternity Benefits Act, 1961 (Amendment 2017) on employers whether to hire women employee or not and on women though they are having capability to do work but because of ignorance of government on ensuring proper implementation of act, women are not getting opportunity to work after baby birth.

Originality/value

This paper fulfils an identified need to study and find some measures for effective implantation of Maternity Benefits Act, 1961 (Amendment 2017) so as to protect and regulate employment of women workers before and after child birth so as to increase female labour force participation rate.

• Working mothers
• Maternity Benefits Act
• 1961 (Amendment 2016)
• Maternity leaves and benefits in India

Gethe, R.K. and Pandey, A. (2023), "Impact of Maternity Benefits Act, 1961 [Amendment 2017] on job employment of working mothers in India", International Journal of Law and Management , Vol. 65 No. 5, pp. 373-404. https://doi.org/10.1108/IJLMA-06-2022-0129

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Copyright © 2023, Emerald Publishing Limited

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A CRITICAL ANALYSIS OF THE MATERNITY BENEFIT ACT OF 1961 by - Arzoo Singh

A maternity benefit is one that every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence. It is important to recognize that women contribution in labour market has considerably enlarged in recent years, mainly in urban areas. Additionally, young women in urban areas contribute most of the increase in women participation in labour market. Since India is committed to create a gender friendly labour market environment, there is growing comprehension to provide a working environment. Looking at the large number of women employment in broad occupational categories it was but natural to protect the mother and the children. The fundamental purpose for providing maternity benefits is to protect the self-respect for motherhood protects the health of women complete safety of the child etc. Due to the growing number of women employees in the government and private sector it became necessary to grant maternity leave and other maternity allowance to working women. The purpose of maternity benefits is to protect the dignity of motherhood by providing the complete and health care to the women and her child when she is not able to perform her duty because of their health condition. There is need for maternity benefits so that a woman is to be able to give quality time to her child without having to worry about whether she will lose her job and her source of income.

INTRODUCTION

Being a mother of child is one of the special experiences in every women life. She changes her life completely for their child. That is why the concept of maternity leave and maternity benefits came in the picture. On 12th December 1961 Maternity Benefits Act, was declared by President and published in Gazette of India, the object of maternity benefits act is “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.”

Maternity benefits act is one of the remuneration that every woman is entitled for and hence every employer is liable for the payment of maternity benefits. The amount payable to the woman is at the average rate to the daily wages for the period of her actual absence. It is very essential things in woman life because by exercise the maternity benefits women can give time to their child and take a proper care of their child without worrying about to lose her job and the income. Women who lived alone after the birth of child they need the money for the medical expenses etc. so by utilizing the maternity benefit, they can ensure their productivity as well as their reproductively. The Maternity benefits is to protect the dignity of Motherhood by providing the complete & health care to the mother and child when she is not able to perform her duty due to her health condition.

ShriNarendraModi is the head of union cabinet has given the retrospectively approval to the amendments of maternity benefit act 1961, by introducing the new bill the maternity benefit bill 2016 in the parliament. The same bill came up on 01 April 2017 as The Maternity Benefit Act 2017. In the new act, Prime Minister ModiJi gave the option work from home to women during their maternity period. This option will helps the women to protects her employment during their pregnancy and she will be entitles her maternity benefit that she will able to get full payment and she also take care of her child as well. This is act is applicable to all the working women in any organization. In the recent report, approximately 1.8 million women get the job in the organized sector. 1

The amendment of maternity act 1961 did various changes into it according to the maternity benefit act 2017 maternity benefit leave got increased from 12 weeks to 26 weeks for the two surviving child and 12 weeks given to those who have more than two child. The maternity benefit leave of 12 weeks is given to the adopting mother or commissioning mother as well. This amendment also facilitates the women that they can work from home. In the recent amendment crèche facility established, this facility is given to 50 employees or more than that at once.

As we, all know maternal care is very necessary for the early child for the growth and development of a child. Due to the health, condition during pregnancy women cannot serve the work to their organisation so it is good step taken by the government to provide maternity leave to women so that she can take of her child and take care of her as well.

RESEARCH PROBLEM-

By reading, various article researchers came up with the problem those women workers are themselves responsible for the problems they faced in their working place because of the lack of awareness of their rights mentioned in the labour law of India this is happened due to illiteracy also. In this regard, various questions arise in the mind of researcher i.e.

RESEARCH QUESTION-

Does women employees have aware about the laws and their Rights?

HYPOTHESIS-

The hypothesis of my research is the execution of the Maternity Benefits Act is effective in India.

RESEARCH MTHODOLOGY-

This research is primarily doctrinal research and secondary data, which is collected from the websites, library, international journals, and articles. The books collected and literature reviewed gives a better idea of the topic and scope of research.

SCOPE OF THE STUDY-

The scope of the study is on Maternity Benefits Act is all the scheme available to the women employees, is effective and will help them to aware about the laws provided in the labour law.

The Objective of my research is-

• To analyze the Maternity legislation in India
• To study about the awareness of women workers regarding their rights
• To study about the benefits of Maternity Benefits schemes or not

Constitutional Framework of Maternity Benefit Act

The Maternity Benefit act was passed by both the houses of parliament and later got the approval of president on 12 th Dec 1961. This is best step taken by the government for the women when they are experience the pregnancy. So that they can protect their child as well, their job also the aim of the maternity leave is to ensure that mother can give quality time to the child without worrying about that she will lose her job and salary. The objective of the MBA (Maternity Benefit Act) so that women can protect the dignity of motherhood by providing the complete health care to her child and women when she is not able to perform her duty because of her health condition.

The MBA is applicable to whole of India and J& K as well. This act is applicable to all the organizations, including the factories, plantations, legislative, shops or any other organization that is centred by the central government. Women must work not less than 80 days in the 12 months immediately foregoing the date of her expected delivery. According the MBA women is entitled for 26 weeks of maternity leave and in the case of miscarriage she is entitle for 6 weeks of maternity leave. She will get additional one-month leave when she is suffering from illness out of pregnancy.

According to the MBA, women will get daily average wage by her employer when she is not maternity leave and she will get her salary in the case of miscarriage, tubectomy, or illness. The MBA also provide to all the women that she is entitle to get Rs 2500 of medical bonus and two nursing breaks per working day until the child attains the age of 15 months. If the employer discharge or dismissed the employee during the maternity leave then it will be unlawful in the eyes of law 2 . Women can appeal within the 60 days when she got dismissed, discharges or did not received the medical bonus to the inspector appointed by the act. If she is not satisfied by the order of inspector then she can approached to the court with 1 year.

The act provides that employer should not give any heavy work to any pregnant women, which requires long hour of standing. Employer should also explain or display the act in front of the employee and explain each thing very clearly to the working women employer should also maintain the attendance records and annually submit it.

2.2  Maternity Benefit Act 2017

The maternity benefit act is providing for women to maintain the dignity of motherhood by providing full payment to the women and maternal care to the child. Currently the ratio of working women in India has increasing day-by-day and based on this scenario the maternity leave and maternity benefits are becoming very common. There are many international conventions like Conventions of the Elimination of All the Forms of Discrimination against Women (CEDAW), the International Convention on Economic, Social and Cultural Rights (ICESCR) and UDHR etc. International labour organization and other expert bodies put its recommendation that 24 weeks is provided to mother for the maternal care. Based on several discussions the maternity benefit act 1961 has amended in the year 2017 and various provisions related to the duration, applicability and crèche facility were amended.

According to the MBA 2017 has increased the duration of maternity leave from 12 weeks to 27 weeks those who have more than two children the maternity leave will be same for them that is 12 weeks. Before the expected date of delivery 8 weeks is provided to avail its paid maternity leave. 12 weeks is given to those women who is adopting or commissioning mother. The women will also get the option of work from home after the expiry of 26 weeks of maternity leave if the employer will get agree on that. The newly amended act also mandated the crèche facility for the 50 employees or more than that. This act also makes compulsory to the employer to educate about the maternity benefits available to them at the time of appointment.

The significance of maternity benefit act 2017 is that according to WHO children must exclusively breastfed by mother for the 24 weeks after the birth. The duration of to increase the maternity benefit leave so that improving survival rates of children and healthy development of both mother and children. 3 Many women left their job after the pregnancy because they did not focus on both taking care of her child and worrying about their job. After the amendment, the working status of women has been increased. But this amendment is also silent on the paternity benefits. As per laws paternity leave is permitted in the government jobs. The government also came up with the schemes related to the paternity benefit because men is also the co parent of his child he has the full authority to take care of his child as well.

Schemes Related to Maternity Benefit Act

Becoming a mother is one of the most beautiful moments in the women’s life. After delivery mother wants to spend quality time with their children to take care of her child and most importantly for the growth and development of child, breastfeeding is very important and no mother will compromise from it. No women left the job so that government made schemes 4 to help women during the pregnancy period.

·Employees State Insurance Act of 1948 –  

The Employees State Insurance act is the social security legislation provides benefits to the employees on certain grounds like sickness, maternity and injury and provides medical care to the insured persons and their families.   This act is applicable to whole India to all women who is working in the organizations where 10 or more persons are employed. Women are eligible for this when she should work not less than 70 days of the preceding year before the incarceration and the income will be less than Rs. 15,000 per month. The ESI will be entitled to the insured women and she will get 12 weeks of leave when she in the confinement and 6 weeks leave during the miscarriage. She will also get one-month additional leave because of the pre mature birth, miscarriage, termination of medical in pregnancy. The ESI states that no women will be discharge, dismissed or punish the employees during the maternity leave. If the employer did so then it will be invalid in the law.

· National Maternity Benefit Schemes (NMBS)

The National Maternity Benefit Schemes (NMBS) provides cash benefit to the pregnant women. The cash is provide so that they can take proper diet and take care of their health during the pregnancy. This cash benefits is provided only to those pregnant women from families who live below the poverty line. There are several eligibility criteria for the women who will get this cash benefit they are women should be the permanent resident of that village, women should belong to below the poverty line, she should be pregnant 8-9 months and the last she should be pregnant for the first or second time.

·  Janani Suraksha Yojna (JSY)

The Janani Suraksha Jojna scheme is based on the cash transfer to the pregnant women and helps them financially. The main objective of the JananiSurkshaJojna schemes to decrease the maternal and infant mortality and to increase the institutional deliveries to the families who are below the poverty line. According to this, scheme pregnant women will get Rs. 500 for home delivery and additional Rs. 200 for the institutional delivery 5 total Rs. 700 to the rural areas women and urban area women will get additional Rs. 100 total Rs. 600 for the institutional delivery. This benefit is provided to the both government hospitals and private hospital as well. According to this scheme, women will be entitled to get Rs. 1500 when in the government hospital if they are able to handle the complications or caesarean sections and they are hiring the doctor from the private sector. The eligibility criteria of this scheme are the women should be the age of 19 or above. Secondly, the women and their families belong to the below poverty line or belongs to schedules caste or scheduled tribes. Thirdly, the women should be pregnant for the first or second time then only she will be entitled for the benefit of the JananiSurakshaJojyna scheme.

·Indira Gandhi Matritava Sahayog Yojana (IGMSY)

Indira Gandhi Matrivata Sahayog Yojna is a central government scheme that is applicable to 50 districts among all the sates and union territories. The objective of the scheme is to provide compensation to the pregnant women when she loses her wage so that there is not mandatory to work at the last stage of delivery to the women. The reason behind this compensation so that pregnant women rest as much she can before the delivery so that she should not give birth to low birth weight babies and the women after the delivery women can breastfeed to the child and take of herself as well. One of the basic motives of this scheme is to improve the health of the pregnant women and the lactating women and their child. This scheme helps the women by providing nutritious food and enhancing the infant nutrition by providing early 6 months of breastfeeding in the child’s life. The amount of money the pregnant women is entitled for is Rs. 4000 and it will be provided in three instalments that is between the trimesters of pregnancy and till the child completes the age of 6 months. The eligibility criteria for the pregnant women under this scheme are that she should be the age of 19 or above and she should be pregnant for the first or second time.

Effects of Maternity Benefits Programmes

Many women want to work and raise children as well. Some women left their jobs for the short period of time and soon after delivery join the work. Sometimes due to health problem, they are not able to return to their workplace due to this they lose their jobs.

1- Maternal Health

It is very necessary for any women to take care of her health during the pregnancy. Any women who leave the workplace too late before the childbirth and return to the workplace too early after the childbirth that women experience the physical and mental health problem. Those women cannot take of her child in growth and development. Hence, maternity leave helps the women to take of herself and her child as well so that she should not experience any health problem.

2-  Child Health

If we will talk about the child health due to less maternity, leave mother is not able to feed properly to his child and due to this sometimes mother lose his child because she concern about her income. For any mother child will be priority she can leave his job for them. By getting maternity leave mother will be capable of giving more quality time to their child and she should be able to feed her child and help in growth and development.

3- Economic Benefits

Government should take appropriate action so that pregnant women are not dismissed from their job during their maternity leave and a woman does not feel discrimination in re-entering in the labour market. According to the maternity programmes, it enhances the women rights and independency. It is clear that maternity programmes impact on the economic benefits by providing maternal protection and economic participation. 6

4- Economic Participation

For the women empowerment, economic participation is mandatory. If the women are employed then she should not depend on the male or their spouse and it will help women to exit from the domestic violence from the home and during that she will be able to take of her child. Maternity leave is one of the paramount steps taken by the central government, which helps the women to make a balance between the work and the family due to the maternity leave women should not compromise between these two. If both male and female will work together and earn then it will easy for them to run their home easily without any discrimination.

5- Gender Division of Labour

After discussing all the factors of the maternity benefits it is clear that maternity leave prevent the pregnant women from quitting the job also have the option to re-enter in the labour market after maternity leave. Due to maternity leave, the ratio of working women is increased in last few years and this act helps in gender equality. This act gives equality between the men and women so that they both can take care of their families. The maternity Benefits programmes reduce the gender inequalities and income too. Inequality is one of the major problems in India that is faced by women at every place. However, due to this act it will be easy for the women to work and earn without leaving their job in the maternity period. With full dignity they can stay at home and take care of child.

To conclude this topic, maternity advantage is that every woman might be qualified for because it is the requirement to the mothers so that she can spend more time with child. As we, all know with the fact that parenting is one of the most important and challenging jobs. In the life of working woman, it is very challenging to maintain balance between their work and family. There are many reports, which show that there are many women who left the jobs because she is not able to perform her duty and take of their family as well. Motherhood is one of the factors, which is the integral part of the woman’s dignity and it should be protected. After analyzing the whole concept of maternity benefit act is a boom for the working woman because there is job security during the maternity period every woman should aware about their rights and duties. In the unorganised sector, many women are not aware about the maternity benefits because of their illiteracy because of this newly amended government mandated the employer that at the time of appointment they will explain and aware about the maternity benefits.

In India, it might help the women economic problem but still women are seen as reproductive not as the productive actors. At present woman faced so many problems at their work place like discriminatory wage, sexual harassment, exploitative working conditions and many more. This is because the lack of awareness about the law and rights is because the bias and exploitation of women at their work place. One of the major objectives of this act to provide equal opportunity to both men and women at their workplace. This is because according to Article 14 the constitution everyone is equal and gets equal protection in the eyes of laws.

Both father and mother becomes the parent but all the responsibility will put into the mothers alone. The suggestions for these issues that there should be provision for paternity leave as well. So that both parents can take care of his/her child together and distributes their duty among themselves then it will be easy for them to bringing up their child together.

Becoming a mother is one of the best moments in the life of women and every woman want to experience this and they do not want to sacrifice any moment with their child so they want to more time to spend with child. Therefore, this is good step taken by the government and every woman should aware and entitled for this benefits.

BIBLIOGRAPGHY

• The Maternity Benefit Act 1961
• The Maternity Benefit Act 2017
• http://jsacs.com/image/AN_ANALYSIS_ON_MATERNITY_BENEFIT_ACT.p df
• http://ncwapps.nic.in/pdfReports/NCWMaternityBenefitStudy.pdf
• https://acadpubl.eu/hub/2018-120-5/2/133.pdf
• https://www.lawctopus.com/academike/the-need-for-maternity-benefits-for- women-employee/
• https://www.shethepeople.tv/moms-at-work/maternity-leave-policy-india- working-women/
• http://www.legalserviceindia.com/legal/article-176-the-maternity-benefit- amendment-act-2017-a-big-and-positive-step-towards-improvement-in-securing- the-employment-rights-of-women.html
• Maternity benefits           –            A            mode            of dignifying motherhood, http://m.paycheck.in/main/career-tips/workandpay/maternity- benefits-2013-a-mode-of-dignifying-motherhood, last accessed on 10/11/2020.

1 http://jsa-cs.com/image/AN_ANALYSIS_ON_MATERNITY_BENEFIT_ACT.pdf last accessed on 27 Oct. 2020

2 http://jsa-cs.com/image/AN_ANALYSIS_ON_MATERNITY_BENEFIT_ACT.pdf last accessed on 1 Nov. 2020

3 http://www.legalserviceindia.com/legal/article-176-the-maternity-benefit-amendment-act-2017-a-big-and-

positive-step-towards-improvement-in-securing-the-employment-rights-of-women.html last accessed on 02 Nov 2020

4 https://acadpubl.eu/hub/2018-120-5/4/363.pdf last accessed on 02 Nov. 2020

5 In low performing states, the total amount of benefit for institutional delivery is 1400 in rural areas and 1000 rupees in urban areas.

6 https:// www.who.int/topics/breastfeeding/en/e

The maternity benefit act, 1961

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February 26, 2022

Landmark judgments on maternity benefits act, 1961.

The Maternity Benefit Act of 1961 safeguards women’s employment during pregnancy and entitles them to several maternity benefits and the most important one is a fully compensated leave of absence from work – to care for their child. In 2017, an Amendment Bill was approved that applies to all enterprises that employ 10 or more people in Factories, Mines, Plantations, Shops & Establishments, and other entities. Establishments with 50 or more workers must additionally provide crèche services, either independently or in conjunction with shared facilities, within a certain distance. The provisions of this act go into effect on April 1, 2017. The contents of this and numerous other acts were combined in the Code on Social Security, 2020, which also repealed the acts in the process. Let’s take a look at landmark cases pertaining to Maternity Benefits in India. 

• Pooja Jignesh Doshi Vs. The State of Maharashtra and Ors

             The petitioner was unable to carry a second child and chose surrogacy as a solution. The surrogate mother gave birth to a child, who was later adopted by the petitioner. The surrogate mother, i.e. the petitioner, requested maternity leave prior to the birth of the child but was rejected. The respondent refused the petitioner’s request for maternity leave to care for the surrogate child, claiming that the Leave Rules and the policy controlling the Rules do not allow for maternity leave for a surrogate kid. As a result, the question of whether a surrogate mother is entitled to maternity leave has arisen. Without delving into the merits of the case, the High Court relied on the same court’s decision in Dr. Mrs. Hema Vijay Menon vs. State of Maharashtra. The High Court explored the idea of motherhood and pregnancy in this decision. Maternity is regarded to constitute a period of pregnancy and the period immediately following the birth of a child, according to the High Court in this case. The purpose of maternity leave is to maintain the dignity of motherhood and to offer care for the child’s and mother’s well-being, as well as for the mother-child relationship. Maternity leave is meant to help mothers and their children achieve social justice. To make a distinction between a mother who has a biological kid and one who has a child via surrogacy would be demeaning to the womanhood and motherhood of the woman who desires to nurture a surrogacy child in the same way she would a biological child. The right to life, as defined by Article 21 of the Indian Constitution, encompasses the right to motherhood as well as the right to the full development of every child. If the government can grant maternity leave to an adoptive mother, it’s difficult to see why the government won’t provide maternity leave to a mother who has a child through surrogacy. The Court ruled that even if a child is born through surrogacy, the parents who provided the ova and sperm are right to depart. Maternity leave is available to the mother, while paternity leave is available to the father.

2. Anshu Rani vs State Of Uttar Pradesh And Ors. 

            In 2018, petitioner Anshu Rani applied to the District Basic Education Officer in Bijnor for maternity leave. She was awarded 90 days of maternity leave with an honorarium from October 1, 2018, to December 29, 2018, in lieu of the 180 days she had requested. She was not provided a rationale for having her leave term cut in half. Frustrated by the apparent lack of action, the petitioner filed a complaint with the Allahabad High Court. The petitioner’s learned counsel, Avadesh Pratap Singh, referred to the Maternity Benefit Act, 1961, which was revised in 2017 (Maternity Benefit (Amendment) Act, 2017). According to the requirements of the 2017 amendment, maternity leave has been increased from 8 weeks to 26 weeks, and the petitioner is allowed to take advantage of it. After hearing the arguments of both sides the Court opined, “Maternity leave is social insurance. The maternity leave is given for maternal and child health and family support.” Allahabad High Court also stated “in consonance with the provisions of Article 42, Parliament has made the Maternity Benefit Act, 1961. Since Article 42 specifically speaks of “just and humane conditions of work” and “maternity relief, the validity of an executive or administrative action in denying maternity benefit has to be examined on the anvil of Article 42.”

3. Rasitha C.H. Vs State of Kerala & Anr

              Women employees, regardless of whether their job is contractual or not, are entitled to maternity leave, according to the Kerala High Court. “The maternity benefit is not merely a statutory benefit or a benefit flowing out of an agreement,” Justice A Muhamed Mustaq wrote in allowing a petition filed by Rasitha, 35, who was denied maternity leave by the Calicut University on the grounds that the terms of her contract did not envision the grant of such leave. “The maternity benefit is neither only a statutory benefit nor a benefit growing out of an agreement,” Justice A Muhamed Mustaq wrote. This court has consistently found that it is associated with a woman’s dignity…. it was held that a woman employee cannot be refused maternity benefits only because her employment status is contractual. As a result, despite anything in the contract agreement, the University is obligated to provide such benefits.” In light of these considerations, the Court granted Rasitha’s petition and ordered Calicut University to pay Rasitha’s maternity benefits, which are the same as those paid to other University workers, within two months.

References:-

• https://www.whatishumanresource.com/Maternity-Benefit-Act-1961  
• https://lexforti.com/legal-news/surrogate-mothers-are-entitled-to-maternity-leave/  

Maternity leave of 180 days is petitioner’s right as per Allahabad HC

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Home / clat pg / Maternity Leave in India: Laws, Rights and FAQs

Maternity leave in india: laws, rights and faqs, introduction.

India has developed comprehensive maternity laws designed to protect the rights of working women during pregnancy and after childbirth. The primary legislation governing maternity leave and other benefits is the Maternity Benefit Act, 1961. This Act has undergone significant amendments to address the evolving needs of women in the workforce.

Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961, aims to ensure that women in India can work without the fear of losing their jobs or income due to pregnancy and childbirth. The Act provides several benefits and protections, including:

• Maternity Leave : Women are entitled to maternity leave of 26 weeks, out of which up to 8 weeks can be taken before the expected date of delivery. This leave is paid leave, ensuring that women receive their full salary during this period. During maternity leave, women receive their full salary or wages, primarily to ensure that they do not experience a loss of income during this period.
• Adoptive and Commissioning Mothers : The 2017 amendment to the Act extended benefits to adoptive mothers and commissioning mothers (those using surrogacy). Adoptive mothers are entitled to 12 weeks of maternity leave if they adopt a child below 3 months of age. Commissioning mothers receive 12 weeks of leave from the day the child is handed over to them.
• Crèche Facilities : Establishments with 50 or more employees must provide crèche facilities within a prescribed distance from the workplace. The crèche must be easily accessible, and women should be allowed four visits during the day, including rest breaks.
• Work-from-Home Option : The Act allows women to work from home if the nature of their work allows, subject to mutual agreement between the employer and employee. This provision can be utilized after the period of maternity leave.
• No Termination of Employment : Employers cannot terminate a woman’s employment during her maternity leave or issue a notice of termination during this period, except for misconduct or other lawful reasons unrelated to pregnancy.
• Health and Safety Measures : Employers must ensure that working conditions for pregnant women are safe and free from risks. They must also provide appropriate seating arrangements and avoid assigning tasks that could harm the health of the mother or child.
• Prohibition of Discrimination : Employers are prohibited from discriminating against women due to pregnancy, childbirth, or related reasons.

Additional Provisions

• Leave for Miscarriage or Medical Termination of Pregnancy : In case of a miscarriage or medical termination of pregnancy, women are entitled to 6 weeks of paid leave from the day of the miscarriage or termination.
• Leave for Tubectomy Operation : The Act also provides 2 weeks of paid leave for women undergoing tubectomy.
• Sickness Leave : If a woman experiences any illness due to pregnancy, childbirth, or related conditions, she is entitled to additional paid leave up to a maximum of 1 month.

Eligibility Criteria for Maternity Leave 

The eligibility criteria for maternity leave in India are defined under the Maternity Benefit Act, 1961, along with amendments made in subsequent years.

• To qualify for maternity leave, a woman must be employed by an establishment covered under the Maternity Benefit Act. This includes both public and private sector establishments.
• The Act requires that a woman must have worked for the employer for a minimum of 80 days in the 12 months immediately preceding her expected delivery date.
• Women who adopt a child under 3 months of age are eligible for 12 weeks of maternity leave from the date of adoption.
• Women who have a child through surrogacy are also eligible for 12 weeks of maternity leave from the date the child is handed over to them.
• Women who experience a miscarriage or medical termination of pregnancy are eligible for 6 weeks of paid leave.
• Women who undergo a tubectomy (sterilization) are entitled to 2 weeks of leave.

To avail of maternity leave, a woman must give notice to her employer in writing, informing them of her pregnancy and the expected date of delivery. This notice typically includes her intended leave start date and end date.

Maternity laws in India represent a significant effort to protect the rights and well-being of women in the workforce during pregnancy and after childbirth. Maternity leaves in India are vital as they provide income security and the required time off for mothers to allow them to bond with their child which is crucial for the physical and emotional well-being of both. Maternity benefits also help create a more level playing field for women in the workforce. It reduces the disadvantages women might face due to pregnancy and childbirth, contributing to gender equality. By providing maternity leave, employers can encourage more women to enter and remain in the workforce, which is beneficial for the economy and workplace diversity.

Frequently Asked Questions

What is the rule for maternity leave in India?

Women are entitled to maternity leave of 26 weeks, out of which up to 8 weeks can be taken before the expected date of delivery. This leave is paid leave, ensuring that women receive their full salary during this period. During maternity leave, women receive their full salary or wages, primarily to ensure that they do not experience a loss of income during this period.

Is maternity leave in India for 6 or 9 months?

There isn’t a specific timeline for when an employee should start her maternity leave. However, for the first two children, she is entitled to a total of 26 weeks of leave. For any additional children, this leave is reduced to 12 weeks. The leave must be taken within six months following the date of childbirth.

Will I get full salary during maternity leave?

During maternity leave, women receive their full salary or wages, primarily to ensure that they do not experience a loss of income during this period.

Can Maternity Leave be denied?

No, maternity leaves cannot be denied. Employees can seek maternity leave even during probation. [ Read more about it here! ]

Download Maternity Benefit Act, 1961

Download maternity benefit amendment act, 2017.

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Maternity Benefit Act, 1961 – PDF

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Bare Acts Live

• 1. Short title and commencement.
• 2. Definitions.
• 3. Musterroll.
• 5. Payment of maternity and other benefit.
• 6. Break for nursing child.
• 7. Duties and powers of the Competent Authority and Inspectors.
• 8. Acts which constitute gross misconduct.
• 9. Appeal under section 12.
• 10. Complaint under section 17.
• 11. Appeal under section 17.
• 12. Supply of forms.
• 13. Nonsubmission of notices, appeals or complaints in the prescribed forms.
• 14. Records.
• 15. Abstract.
• 16. Annual return.
• 1. Short title, extent and commencement
• 2. Application of Act
• 3. Definitions
• 4. Employment of, or work by, women prohibited during certain period
• 5. Right to payment of maternity benefits
• 5A. Continuance of payment of maternity benefit in certain cases
• 5B. Payment of maternity benefit in certain cases
• 6. Notice of claim for maternity benefit and payment thereof
• 7. Payment of maternity benefit in case of death of a woman
• 8. Payment of medical bonus
• 9. Leave for miscarriage, etc
• 9A. Leave with wages for tubectomy operation
• 10. Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation.
• 11. Nursing breaks
• 11A. Créche facility.
• 12. Dismissal during absence or pregnancy
• 13. No deduction of wages in certain cases
• 14. Appointment of Inspectors
• 15. Powers and duties of Inspectors
• 16. Inspectors to be public servants
• 17. Power of Inspector to direct payments to be made
• 18. Forfeiture of maternity benefit
• 19. Abstract of Act and rules thereunder to be exhibited
• 20. Registers, etc
• 21. Penalty for contravention of Act by employer
• 22. Penalty for obstructing Inspector
• 23. Cognizance of offences
• 24. Protection of action taken in good faith
• 25. Power of Central Government to give directions
• 26. Power to exempt establishments
• 27. Effect of laws and agreements inconsistent with this Act
• 28. Power to make rules
• 29. Amendment of Act 69 of 1951

The Maternity Benefit Act, 1961

(53 of 1961)

[(a) in relation to mines and to any other establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, by the Central Government; and]

(b) in relation to other establishments in a State, by the State Government.

(a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;

(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]

(a) "appropriate Government" means, in relation to an establishment being a mine [or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances] the Central Government and in relation to any other establishment, the State Government;

(b) "child" includes a still-born child;

[(ba) "commissioning mother" means a biological mother who uses her egg to create an embryo implanted in any other woman;]

(c) "delivery" means the birth of a child;

(d) "employer" means-

(i) in relation to an establishment which is under the control of the Government a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;

(ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the Chief Executive Officer of the local authority;

(iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;

[(e) "establishment" means-

(i) a factory;

(ii) a mine;

(iii) a plantation;

(iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; ] [*]

[(iv-a) a shop or establishment; or]

[(v) an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable;]

(f) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);

(g) "Inspector" means an Inspector appointed under section 14;

(h) "maternity benefit" means the payment referred to in sub-section (1) of section 5;

[(ha) "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of the Medical Termination of Pregnancy Act, 1971 (34 of 1971);]

(i) "mine" means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952);

(j) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);

(k) "plantation" means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);

(l) "prescribed" means prescribed by rules made under this Act;

(m) "State Government", in relation to a Union territory, means the Administrator thereof;

(n) "wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes-

(1) such cash allowances (including dearness allowance and house-rent allowance) as a woman is for the time being entitled to;

(2) incentive bonus; and

(3) the money value of the concessional supply of foodgrains and other articles, but does not include-

(i) any bonus other than incentive bonus;

(ii) over-time earnings and any deduction or payment made on account of fines;

(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and

(iv) any gratuity payable on the termination of service;

(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.

(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;

(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.

[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, or discharged or dismissed shall be final.]

(c) Nothing contained in this sub-section shall affect the provisions contained in sub-section (1).

(a) the nature of work assigned to her by virtue of the provisions contained in sub-section (3) of section 4; or

(b) breaks for nursing the child allowed to her under the provisions of section 11.

(a) enter at all reasonable times with such assistants, if any, being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where women are employed or work is given to them in an establishment, for the purposes of examining any registers, records and notices required to be kept or exhibited by or under this Act and require their production for inspection;

(b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment:

(c) require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received from them under this Act; and

(d) take copies of any registers and records or notices or any portions thereof.

(a) maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld;

(b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this Act, may make a complaint to the Inspector.

(a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders;

(b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may pass such orders as are just and proper according to the circumstances of the case.]

(a) the preparation and maintenance of registers, records and muster-rolls;

(b) the exercise of powers (including the inspection of establishments) and the performance of duties by Inspectors for the purposes of this Act;

(c) the method of payment of maternity benefit and other benefits under this Act insofar as provision has not been made therefor in this Act;

(d) the form of notices under section 6;

(e) the nature of proof required under the provisions of this Act;

(f) the duration of nursing breaks referred to in section 11;

(g) acts which may constitute gross misconduct for purposes of section 12;

(h) the authority to which an appeal under clause (b) of sub-section (2) of section 12 shall lie; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;

(i) the authority to which an appeal shall lie against the decision of the Inspector under section 17, the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;

(j) the form and manner in which complaints may be made to Inspectors under sub-section (1) of section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be made under sub-section (5) of that section;

(k) any other matter which is to be, or may be prescribed.

(a) in sub-section (1), the letter and brackets "(a)" before the words "in the case of sickness", the word "and" after the words "sickness allowance"; and clause (b) shall be omitted;

(b) in sub-section (2), the words "or maternity" shall be omitted.

(i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and

(ii) to factories situate in the Union territory of Delhi, the Bombay Maternity Benefit Act, 1929 (Bombay Act 7 of 1929), as in force in that territory shall stand repealed.

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