25-07-2012, 12:35 PM
Maternity benefits – A mode of dignifying motherhood
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INTRODUCTION
Over the decades, factors like education, economic development and others have contributed to the progress of the society by positively changing its attitude. Owing to this, women today have become more independent and liberal than their counterparts of earlier times. It has also led to an increase in the female work force. This is true for both the organized and the unorganized sector. Under our Constitutional edifice, multiple rights andbenefits are guaranteed to women. Article 42 of the Constitution of India also directs the State to make provisions for maternity relief besides securing just and humane conditions of work for women.
MATERNITY BENEFIT ACT 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)".
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.
Read.
Application of Act.-
(1) It applies, in the first instance,-(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:]
Provided that the State Government may, with the approval of the Central Government, after giving not less than two month's notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.
(2) shall apply to any factory or other establishment to which the provisions of the Employees, State Insurance Act, 1948 (34 of 1948), apply for the time being.
WHO CAN FILE PROSECUTION:
1. Any aggrieved women.
2.An office bears of a trade union registered under the Trade unions Act.1926.
3. A voluntary organisation registered under the Societies Act.
4. An inspector
No court inferior to that of a Metropolitan Magistrate or a Magistrate of the First Class
shall try any offences under this Act, (section-23).