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INTRODUCTION
THE OBJECT OF MATERNITY LEAVE AND BENEFIT IS TO PROTECT THE DIGNITY OF MOTHERHOOD by PROVIDING FOR THE FULL AND HEALTHY MAINTENANCE OF WOMEN AND HER CHILD WHEN SHE IS NOT WORKING. WITH THE ADVENT OF MODERN AGE, AS THE NUMBER OF WOMEN EMPLOYEES IS GROWING, THE MATERNITY LEAVE AND OTHER MATERNITY BENEFITS ARE BECOMING INCREASINGLY COMMON. BUT THERE WAS NO BENEFICIAL PIECE OF LEGISLATION IN THE HORIZEN WHICH IS INTENDED TO ACHIEVE THE OBJECT OF DOING SOCIAL JUSTICE TO WOMEN WORKERS EMPLOYED IN FACTORIES, MINES AND PLANTATION. ACT 53 OF 1961 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)". IT WAS ENACTED BY PARLIAMENT IN THE TWELFTH YEAR OF THE REPUBLIC OF INDIA.
What Is Maternity Benefit ?

EVERY WOMAN SHALL BE ENTITLED TO, AND HER EMPLOYER SHALL BE LIABLE FOR, THE PAYMENT OF MATERNITY BENEFIT, UNDER THE MATERNITY BENEFIT ACT, 1961. SUBJECT TO THE PROVISIONS OF THIS ACT?
1.
EVERY WOMAN SHALL BE ENTITLED TO THE PAYMENT OF MATERNITY BENEFIT AT THE RATE OF THE AVERAGE DAILY WAGE FOR THE PERIOD OF HER ACTUAL ABSENCE IMMEDIATELY PRECEDING AND INCLUDING THE DAY OF HER DELIVERY AND FOR THE SIX WEEKS IMMEDIATELY FOLLOWING THAT DAY. THE AVERAGE DAILY WAGE MEANS THE AVERAGE OF THE WOMAN? WAGES DURING THE PERIOD OF THREE S CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE FROM WHICH SHE ABSENTS HERSELF ON ACCOUNT OF MATERNITY, OR ONE RUPEE A DAY, WHICHEVER IS HIGHER.
NO WOMAN SHALL BE ENTITLED TO MATERNITY BENEFIT UNLESS SHE HAS ACTUALLY WORKED IN AN ESTABLISHMENT OF THE EMPLOYER FROM WHOM SHE CLAIMS MATERNITY BENEFIT FOR A PERIOD OF NOT LESS THAN ONE HUNDRED AND SIXTY DAYS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF HER EXPECTED DELIVERY. EXPLANATION: FOR THE PURPOSE OF CALCULATING UNDER THIS SUBSECTION THE DAYS ON WHICH A WOMAN HAS ACTUALLY WORKED IN THE ESTABLISHMENT, THE DAYS FOR WHICH SHE HAS BEEN LAID-OFF DURING THE PERIOD OF TWELVE MONTHS, IMMEDIATELY PRECEDING THE DATE OF HER EXPECTED DELIVERY, SHALL BE TAKEN INTO ACCOUNT. 3. THE MAXIMUM PERIOD FOR WHICH ANY WOMAN SHALL BE ENTITLED TO MATERNITY BENEFIT SHALL BE TWELVE WEEKS, THAT IS TO SAY, SIX WEEKS UP TO AND INCLUDING THE DAY OF HER DELIVERY AND SIX WEEKS IMMEDIATELY FOLLOWING THAT DAY.
2.
PROVIDED THAT WHERE A WOMAN DIES DURING THIS PERIOD, THE MATERNITY BENEFIT SHALL BE PAYABLE ONLY FOR THE DAYS UP TO AND INCLUDING THE DAY OF HER DEATH.
BENEFITS
THE BENEFITS AFTER THE ESTABLISHMENT OF THE MATERNITY BENEFITS ACT 1961, ARE MANY AND FAR REACHING. EARLIER,WORKING WOMEN WERE EXPLOITED TREMENDOUSLY BY THEIR EMPLOYERS WITH LENGHTY WORKING HOURS, NO BREAKS, POOR WAGES AND SALARIES.ALSO,THEY WERE MADE TO WORK EVEN DURING THEIR PREGNANCY PERIOD AND NO MATERNITY LEAVES WERE GRANTED OR BENEFITS GIVEN.THIS LEAD TO DETORIATION OF NOT ONLY THEIR HEALTH BUT ALSO OF THEIR NEW BORN CHILDS HEALTH TOO.THIS NOT ONLY LEAD TO DECLINE IN THE PRODUCTIVITY OF THE WOMEN BUT ALSO SPOILT THE COUNTRYS IMAGE DUE TO THE REGULAR EXPLOITATION OF WOMEN WORKING IN ESTABLISHMENTS.THIS WAS MAINLY DUE TO THE LACK OF ENFORCEMENT OF PROPER LAW ESPECIALLY IN THE CASE OF MATERNAL WOMEN. BUT,THIS ALL CHANGED AFTER THE ESTABLISHMENT OF MATERNITY BENEFITS ACT 1961,WHICH NOT ONLY PROTECTED THE RIGHTS OF MATERNAL WOMEN BUT ALSO GAVE THEM OTHER BENEFITS AND SECURITIES WHICH OTHERWISE WOULDNT HAVE BEEN POSSIBLE.ALSO,THE EMPLOYERS WERE OBLIGED TO GRANT THESE BENEFITS TO THEM AS IT WAS LEGALLY BINDING UPON THEM.
THE BENEFITS WHICH WERE RECEIVED AFTER THE ESTABLISHMENT OF THIS ACT ARE AS FOLLOWS:
NO EMPLOYER SHALL KNOWINGLY EMPLOY A WOMAN IN ANY ESTABLISHMENT DURING THE SIX WEEKS IMMEDIATELY FOLLOWING THE DAY OF HER DELIVERY[MISCARRIAGE OR MEDICAL TERMINATION OF PREGNANCY ALSO INCULDED.
EXPLAINANTION: THIS HELPS THE MATERNAL WOMEN TO HAVE SUFFICIENT REST BEFORE AND AFTER THE DELIVERY PERIOD AND ALSO BENEFITS THE HEALTH OF THE CHILD.
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 DAY OF HER DELIVERY AND ANY PERIOD IMMEDIATELY FOLLOWING THAT DAY. EXPLAINANTION: THIS LESSENS THE MONETARY BURDEN AND WORK PRESSURE ON THE MATERNAL WOMEN AND HER FAMILY THEREBY CREATING A HEALTHY ATMOSPHERE AROUND HER.
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, TO HER EMPLOYER, STATING THAT HER MATERNITY BENEFIT AND ANY OTHER AMOUNT TO WHICH SHE MAY BE ENTITLED UNDER THIS ACT MAY BE PAID TO HER OR TO SUCH PERSON AS SHE MAY NOMINATE IN THE NOTICE AND THAT SHE WILL NOT WORK IN ANY ESTABLISHMENT DURING THE PERIOD FOR WHICH SHE RECEIVES MATERNITY BENEFIT.
EXPLAINANTION: THIS GIVES THE EMPLOYEE THE FREEDOM TO ASK FOR HER MATERNAL BENEFITS AND MONETARY GAINS DIRECTLY
FROM HER EMPLOYER WITHOUT ANY HESITATION AND FEAR WHICH EARLIER WAS NOT POSSIBLE.
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 , 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.
EXPLAINANTION: ALTHOUGH THE MATERNAL WOMEN WHO WAS THE EMPLOYEE HAS DIED, HER FAMILY OR HER NOMINEE WILL STILL RECEIVE THE BENEFITS AND GAINS WHICH SHE WAS GOING TO GET AS HER RIGHT.THIS ACTS AS A FORM OF SECURITY FOR THE MATERNAL WOMEN EMPLOYEE.
EVERY WOMAN ENTITLED TO MATERNITY BENEFIT UNDER THIS ACT SHALL ALSO BE ENTITLED TO RECEIVE FROM HER EMPLOYER A MEDICAL BONUS IF NO PRE-NATAL CONFINEMENT AND POST-NATAL CARE IS PROVIDED FOR BY THE EMPLOYER FREE OF CHARGE. EXPLAINANTION: THIS HELPS TO EASE THE BURDEN OF THE MATERNAL WOMEN EMPLOYEE AS HER MEDICAL EXPENSES WILL NORMALLY BE PAID BY THE EMPLOYEE AND IF NOT THEN SHE CAN LEGALLY ASK FOR IT FROM THE EMPLOYER.
CONCLUSION
THE BENEFITS AFTER THE ESTABLISHMENT OF THE MATERNITY BENEFITS ACT 1961, ARE MANY AND FAR REACHING. . HENCE IT CAN BE CONCLUDED THAT THE ESTABLISHMENT OF MATERNITY BENEFITS ACT 1961,WHICH NOT ONLY PROTECTED THE RIGHTS OF MATERNAL WOMEN BUT ALSO GAVE THEM OTHER BENEFITS AND SECURITIES WHICH OTHERWISE WOULDNT HAVE BEEN POSSIBLE.ALSO,THE EMPLOYERS WERE OBLIGED TO GRANT THESE BENEFITS TO THEM AS IT WAS LEGALLY BINDING UPON THEM. IT HAS ALSO HELPED IN ENHANCING THE REPUTATION OF THE COUNTRY BY RESPECTING THE RIGHTS OF THE WOMEN AND HAVING A LAW ENFORCED TO TAKE CARE OF THEIR NEEDS. HENCE,THE MATERNITY BENEFIT ACT 1961, HAS BEEN GREATLY SUCCESFUL IN CHANGING THE SOCIETYS OUTLOOK TOWARDS WORKING MATERNAL WOMEN AND ALSO HIGHLIGTING THEIR DIFFICULTIES.
CASE LAW
BIBLIOGRAPHY
INFORMATION TAKEN FROM:

1. 2. 3.
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INDEX
SERIAL NO. 1 2 3 4 5
PARTICULARS INTRODUCTION BENEFITS CONCLUSION CASE LAW BIBLIOGRAPHY
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INTRODUCTION

What Is Maternity Benefit ?

INFORMATION TAKEN FROM:

WWW.GOOGLE.COM WWW.WIKIPEDIA.COM WWW.MEDINDIA.NET

PARTICULARS INTRODUCTION BENEFITS CONCLUSION CASE LAW BIBLIOGRAPHY

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