REGISTERED NO.D(DN)187/88 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 83] NEW DELHI, FRIDAY, DECEMBER 2,1988/AGRAHAYANA 11,1910 Separate paging is given to this Part in order that it may be filed as a separate compilation 53 of 1961. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 2nd December, 198&/Agrahayana, 11, 1910 (Saka) The following Act of Parliament received the assent of the President on the 30th November, 1988, and is hereby published for general lnformation: — THE MATERNITY BENEFIT (AMENDMENT) ACT, 1988 No. 61 OF 1988 [30th November, 1988.] An Act further to amend the Maternity Benefit Act, 1961. BE it enacted by parliament in the Thirty-ninth Year of the Republic of India as follows: —
1. (1) This Act may be called the Maternity Benefit (Amendment) Act, 1988.
(2) It shall come into force on such date a$ the Central Government may, by notification in the Official Gazette, appoint.
2. In section 2 of the Maternity Benefit Act, 1961 (hereinafter referred to as the principal Act), in sub-section (1), for the opening paragraph, the following shall be substituted, namely: — "(1) It applies, in the first instance,—
(0) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed ( 1 ) Short title and commencement. Amendment of section
2. 2 TkE GAZETTE OF INDIA EXTRAORDINARY tFAni tl— Amendment of section
3. Amendment of section
5. 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 emp]oyed) or were employed, on any day of the preceding twelve months: "„
3. In section 3 of the principal Act, in clause (e),—
(a) in sub-clause (iv), the word "or" at the end shall be omitted;
(b) after sub-clause (iv), the following sub-clause shall be inserted, namely: — "(iva) a shop or establishment; or".
4. In section 5 of the principal Act,—
(a) in sub-section (1),—
(i) for the opening paragraph, the following shall be substituted, namely: — "(1) Subject to-the provisions of this Act, 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.";
(ii) in the Explanation, for the words "or one rupee ft day, whichever is higher.", the words and figures "the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 or ten rupees, whichever is the highest'." shall be substituted;
(b) in sub-section (2),—
(i) for the werds "one hundred and sixty days", at both the places where they occur, the words "eighty days" shall be substituted;
(ii) in the Explanation, for the words "the days for which she has been laid off1', the words "the days for which she has been laid off or was on holidays declared under any law far the time being in force to be holidays with wages" shall be substituted;
(c) in sub-eection (3),—
(i) for the opening paragraph, the following shall be substituted, namely: — "(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:";
(ii) for the second proviso, the following proviso shall be substituted, namely: — "Provided further that where a woman, having been delivered of a cluld, dies during her delivery or during the period 11 of 1948. SEC. 1] TiHE GAZETTE OF INDIA EXTRAORDINARY 3 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 fur the maternity benefit for that entire period but if the child also dies during the said period, then, for, the days up to and including the date of the death of the child.".
5. In section 6 of the principal Act", for sub-section (4)i the following sub-section shall he substituted, namely: — " (4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.". 6- In section 8 of the principal Act, for the words "twenty-fiv3 rupees", the words "two hundred and fifty rupees" shall be substituted-
7. In section 12 of the principal Act, in sub-section (2), for clause
(b), the following clause shall bo substituted, namely: — "(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 pi escribed," 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.".
8. Tn section 17 of the principal Act,—
(a) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely: — "(1) Any woman claiming that-—
(a) maternity benefit or any other amount to which she is entitled under this Act and any person claiming that paymsnt due un .̂er 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 thig Act, may make a complaint to the Inspector.
(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that—
(a) payment hns beer; "-vrongf'illy withhold, may direct the payment to ba made in accordance with bis orders;
(b) she has boen discharged or dismissed during or on account of her absence from work in accordance, with the Amendment Of section
6. Amendment of section
9. Amendment of section
12. Amendment Of section
17. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II— Substitution of new MCtlOji for section
21. Penalty for contravention o»f Act by employer. Amendment of section
22. Substitution of new flection (for Bectton
23. Cognizance of offences. provisions of this Act, may pass such orders as are just and proper according to the circumstances of the case.";
(b) for sub-section (5), the following sub-section shall be substituted, namely: — "(5) Any amount payable under this section shall be recoverable by the Collector on a certificate issued for that, amount by the Inspector as an arrear of land revenue-".
9. For section 21 of the principal Act, the following section shall be substituted, namely: — "21. (1) If any employer fails to pay any amount bf maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with, fine which shall not be less than two thousand rupees but which may extend to five thousand rupees:
Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both:
Provided that where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pRy the same to the person entitled thereto.".
10. In section 22 of the principal Act, for the words "which may extend to three months, or with fine which may extend to five hundred rupees", the words "which may extend to one year, or with flne wh'ch may extend to five thousand rupees" shall be substituted.
11. For section 23 of the principal Act, the following section shall be substituted, namely: — "23. (1) Any aggrieved woman, an nffice-benrer of a trade union registered under the Trade Unions Act, 1926 of which such woman is a member or a voluntary organisation registered under the Societies Registration Act, 1860 or an Inspector, may file a complaint regarding 16 of 1926. 21 og 1860. SEC. 1] TttJE GAZETTE OF INDIA EXTRAORDINARY 5 Hie commission of an offence under this Act in any court of competent jurisdiction and no such complaint shall be filed' after the expiry of one year from the date on which the offence is alleged to have been committed.
(2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.". S. RAMAIAH, S^cy. to the Govt. of India. CORRIGENDA In the Finance Act, 1987 (11 of 1987) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 12th May, 1&87 (Issue No. 14);^
(1) at page 1, in line 6, for "2 to 93", read "2 to 91";
(2) at page 5, in line 31, for "rate or dividend", read "rate of dividend";
(3) at page 19, in line 11, for "date in which", read "date on which";
(4) at page 20, in line 13, for "ai long term capital", read "a capital";
(5) at page 21, in last lime for "admissible", read "admissible.';"
(6) at page 22, in line 38, for 'than "Capital gains" shall', read 'thaui "Capital, gains", shall';
(7) at page 26, for the marginal heading of section 33, read "Amendment of section 80CC";
(8) at page 31, in line 16, for "94.", read "49.";
(9) at page 42, in line 37, for "as Unable", read "is unable";
(10) at page 45, in the marginal heading of section 85, for "Insetlon of", read "Insertion of";
(11) at page 47, in the marginal heading of section 90, for "section
20.", read "section 2.";
(12) • at page 53 —
(i) In line 51, for "n unregistered", read "an unregistered"; 6 THE GAZETTE OF INDIA EXTHAOBDINARY [PART II—
(ii) in line 52, for "f the", read "of the";
(13) at page 55, in line 40, for "(E)", read, "(C)";
(14) at page 71, in line 24,—
(a) in column (3), omit "150%";
(b) in column (4), insert "150%";
(15) at page 74, in line 16, for "column (4), fo'' read "column (4), for";
(16) at page 76, in line 21, for "renumbered", read "renumbered as";
(17) at page 79,—
(i) in line 22, for "— — other fabrics", read "— other fabrics";
(ii) in line 24, for 'mete", read "metre";
(iii) in line 27, for "metr", read "metre";.
(16) at page 80,—
(i) in line 7, for "heading", read "headings";
(ii) in line 46, for "substituted", read "be substituted";
(iii) in last line, for, "Nil" read "Nil";';
(19) at page 82, in line 2, for " (See section 99)", read " (See section 97)". CORRIGENDA In the Factories (Amendment) Act, 1987 (20 of 1987) as published in the Gazette of India, Extraordinary, Part 11, Section lf dated the 25th May, 1987 (Issue No. 25): —
(a) at page 9, in the marginal heading of section 41A, in line 5, for "Committee", read "Committees";
(b) at page 9, in line 5, for "involving or hazardous" read "involving a hazardous";
(c) at page 11, in line 34, for "caues" read "causes"; (dv at page 11, in line 37, for "likly" read "likely";
(e) at page 14, in line 4, for "such the" read "such that";
(f) at page 18, in line 27, for "arid Iodine" read "and Ipdine)"; Sac. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1 CORRIGENDA In the Legal Services Authorities Act, 1987 (39 of 1987) (Issue No. 55), as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 12th October, 1987: —
(a) at page 2, In line 33,—
(i) for "Serivces' read "Services";
(ii) for "excise" read "exercise";
(b) at page 8, in line 15, for "credit" read "credited";
(c) at page 11, in the marginal heading of section 27, for "Powtr" read "Power". CORRIGENDA In the All India Council for Technical Education Act, 1987 (52 of 1987) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 28th December, 1987 (Issue No. 75): —
(1) at page 0,— '
(i) in line &, for "10. (1)", read "10.";
(ii) in line 10, for "technical and management education", read "technical education".
(2) at page 8,—
(i) in line 35, for "of Manpower Research, ex Officio,"; read "of Applied Manpower Research New Delhi, ex omcio;";
(ii) in line 36, for "General of", read "General, Indian Council of". CORRIGENDA In the National Housing Bank Act, 1987 (53 of 1987) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 28th December, 1987 (Issue No. 76):—
(1) at page 7, in line 29, for "and bedentures with", read "and debentures with";
(2) at page 19, in line 47, for "date or establishment", read "date of establishment". FKTNTED BY THE MANAGEH, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI ANT> PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 8 8