Document Detail


The Maternity Benefit (Amendment) Act, 1988 (No. 61 of 1988), 30 November, 1988.
MedLine Citation:
PMID:  12289114     Owner:  PIP     Status:  MEDLINE    
Abstract/OtherAbstract:
Major provisions of this Act of India on maternity benefits are summarized as follows: Section 2 of the principal Act has been substituted to extend the provisions of the Act to shops or establishments employing 10 or more persons. The rate of maternity benefits payable to women employees for each day of absence has been fixed at the average daily wage or the minimum rate of wage fixed or revised under the Minimum Wages Act or 10 rupees, whichever is higher. The qualifying period for grant of maternity benefit has been reduced from 160 days of actual work in the preceding 12 months to 80 days of actual work in the preceding 12 months. In Section 5, Subsection (3) has been substituted to provide that the maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than six weeks shall precede the date of her expected delivery. If the woman, after having been delivered of a child, dies during her delivery or during the period immediately following the date of 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 to pay for the maternity benefit of the entire period; but if the child also dies during the said period, then for the days up to the date of the death of the child. Section 6 amends Section 8 of the principal Act to raise the rate of medical bonus payable to a woman entitled to maternity benefit from 25 rupees to 250 rupees. Section 17 of the principal Act has been amended to provide that where a woman's maternity benefits have been improperly withheld or she is discharged or dismissed, she may make a complaint to the Inspector who may make enquiry and pass such orders as are just or proper according to the circumstances of the case. If an employer fails to pay any amount of maternity benefit to a woman entitled under this Act, or discharges or dismisses her, he shall be punishable with imprisonment which shall not be less than three months but which may be extended to one year and with a minimum fine of 2000 rupees extendible to 5000 rupees. The penalty for obstructing an Inspector in the performance of his duties has been made punishable with one year imprisonment or with a fine expendable to 5000 rupees.
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Publication Detail:
Type:  Legislation    
Journal Detail:
Title:  Annual review of population law     Volume:  15     ISSN:  0364-3417     ISO Abbreviation:  Annu Rev Popul Law     Publication Date:  1988  
Date Detail:
Created Date:  1995-12-07     Completed Date:  1995-12-07     Revised Date:  2007-11-15    
Medline Journal Info:
Nlm Unique ID:  8008840     Medline TA:  Annu Rev Popul Law     Country:  UNITED STATES    
Other Details:
Languages:  eng     Pagination:  101     Citation Subset:  J    
Copyright Information:
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MeSH Terms
Descriptor/Qualifier:
Asia
Demography
Developing Countries
Economics*
Employment*
India
Legislation as Topic*
Population
Population Characteristics
Pregnancy*
Social Class
Socioeconomic Factors

From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine


Previous Document:  Resolution No. 881, 25 November 1987.
Next Document:  Law on the amendment of the Law concerning the payment of the maternity allowance, 11 November 1987.