Published on December 6, 2008
Maternity benefit Act, 1961& Medical Termination of Pregnancy Act,1971 : Maternity benefit Act, 1961& Medical Termination of Pregnancy Act,1971 Minu M Kumar MSW122 Slide 2: Act may be called the Maternity Benefit Act, 1961. It extends to the whole of India except the State of Jammu and Kashmir. Aims at regulation of employment of women employees for certain periods before and after child birth and provisions of maternity and other benefits. Definitions : Definitions "appropriate Government" means, in relation to an establishment being a mine, the Central Government and in relation to any other establishment, the State Government "child" includes a still-born child " delivery" means the birth of a child; Slide 4: "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 persons whether called a manager, managing director, managing agent, or by any other name, such person Application of the Act : Application of the Act It applies, in the first instance, to every establishment being a factory, mine or plantation including any such establishment belonging to Government:Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' 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.Nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 apply for the time being. Employee’s Eligibility : Employee’s Eligibility Every women employee, whether directly or through a contractor, who has actually worked in the establishment for a period of at least 80days during the 12 months immediately before her expected delivery is entitled to receive maternity benefits. When one can get these benefits? : When one can get these benefits? During the pregnancy After the pregnancy During the early month of motherhood What are these benefits? : What are these benefits? Working women are entitled for 135 days maternity leave with full pay. (even unmarried women is entitled for maternity benefits) If a women wish she can avail few days leave before the delivery and the remaining leave after the delivery. If she wants she can avail the entire leave after the delivery. Slide 9: Woman cannot be employed for work 6 weeks before she is due to deliver her child. Taking work from a woman before 6 weeks after her delivery are over is also an offence If the employer does not have any facilities for prenatal and post-natal care, then he must also give a medical bonus Rs. 250/- to the worker. Slide 10: The employer cannot make a woman do any heavy work for last working month of her pregnancy. A woman can refused to do any work which is physically tiring or which involve standing for long hours, carrying heavy loads, etc. or any kind of work which can endanger the proper growth of the child. Slide 11: Case of miscarriage: she is entitled to get 45 days leave with full pay after the miscarriage. 6 weeks plus one month more paid leave if worker falls sick due to delivery, pregnancy or miscarriage Till the baby is 15 months, the worker must get sometimes off twice a day to feed her baby. Who will get these wages if worker die? : Who will get these wages if worker die? Payment will be made to the heirs of the worker (such as children, husband etc.) Approach whom if benefits denied? : Approach whom if benefits denied? Labor officer Labor Commissioner Social Welfare Organization Medical termination of Pregnancy Act, 1971 : Medical termination of Pregnancy Act, 1971 Act may be called the Medical Termination of Pregnancy Act, 1971. It extends to the whole of India except the State of Jammu and Kashmir. Definitions : Definitions "guardian" means a person having the care of the person of a minor or a lunatic " lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of 1912) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to be deemed not to have attained his majority Slide 16: "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in Cl.(h) of Sec. 2 of the Indian Medical Council Act, 1956 (102 of 1956), whose name has been entered in a State Medical Register and who has such experience or training in gynecology and obstetrics as may be prescribed by rules made under this Act Slide 17: An abortion done without the consent of the woman is illegal and an offence under the Indian Penal Code. Abortion can be done only by a registered medical practitioner. It should be done only in a Government hospital or in a hospital or clinic authorized by the Government. Situations in which it is legal to terminate pregnancy : Situations in which it is legal to terminate pregnancy Pregnancy can be terminated on the advice of a doctor if: Continuing the pregnancy involved a risk to the mother’s life. Continuing the pregnancy would cause grave damage to the physical or mental health of the mother. The pregnancy has been caused by rape If the child is born, it would be gravely deformed Slide 19: Any method of family planning adopted by the couple has failed. The life of the woman is in danger, considering her situation and environment. But if the pregnancy exceeds 12 weeks, then a pregnancy can be terminated only on the advice of two doctors. Even then, the time must not exceed twenty weeks. Slide 20: THANK YOU
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