ASSAM ACT XII OF 1964 "?:- THE MATERNITY BENEFIT (ASSAM AMENDMENT) ACT, 1963 (Received.the assent of the fresident on the 31st May 1964) [Published in the Assam Gazette Extraordinary, dated the 2nd June 1964] An Act to amend the Maternit) Benefit Act, 1961 in its application to tlze State q/ A.,,u,.
Preamble WHEREAS it is expedient to amend the Maternity Central Act ~e~eiit Ac!, 1~61, hereinafter called the principal Act ~:6~~ of m its application to the State of Assam, m the manner hereinafter appearing ;
Short title, extent and commence· ment.
It is hereby enacted in the Fourteenth Year of the Republic of India as follows :-
1. ( 1) This Act may be called the Maternity Benefit (Assam Amendment) Act, 1963.
(2) It extends to th e whole of the State of Assam.
(3) It shall come into force on such date as may be notified in this behalf by the State Govern ment in the official Gazette. · Amend_me1t 2. In sub-sections (1) and (2} of Section 4 ~f the of Section principal Act for the words "six weeks" wherever of the Cen• • b ' h d " h " d · d" 1 " tral Act No. occurring etween t e wor s t e an "1mme 1ate y 53 of 1961, the words "eight weeks" spall be substituted.
Amendment 3. For Section 5 of the principal Act, the follow~ of Section 5 ing shall be substituted, namely :- of Central Act No. 53 of 1961.
!'Right to payment cf maternity benefit.
5. ( 1) Subject to the provision of this Act every woman sfiall be entitled to, and her employer shall be liable for, the payment of maternity benefit . · at the rate of her wages for the period as prescribed under sub-section l8). Such payment shall be made weekly in case of a woman working on daily wage basis and monthly in the case of a woman working on monthly wage basis.
Explanation.-For the purpose of this sub section, weekly payment of wages means in case of woman working on daily wage basis, such daily wage multiplied by six.
,2) No woman shall be entitled to mat~rn_ity benefit unless she has worked directly under the employer from whom she claims such benefit for a [Price 0·12 Paise. ] Amendment of Section 6 of Central Act No.53 of 196!.
2 t•Jtai 0f one hun.Jre<l and fihy days during 6t.: pcrioJ of twelve months immediately preceding the date on which the notice of expected delivery ii. given and where no notice has been given or in case of miscar riage dnring the t V'elve months precediug the date of delivery or the date of miscarriage:
Provided hat the qualifying period of one hundred and :fifty days aforesaid shz.Jl not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of immigration.
EiKplanation.--In computing the number of davs on which a woman worked, the days on which (a) she has been laid off under an agreement or as permitted Central Act ily Standing Orders under the Industrial Employment ~94;62° of (Standing Orders) Act, 1946, or under the Industrial · Disputes Act, 1947 and (b) she has been on leave with Central Act full wages, earned in the previous year or on maternity No. 14 of leave or on sick leave shall be included. 1947.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, four weeks upto and including the day of delivery and eight weeks inune diately following the day of delivery. '
4. For sub-section ( 5)" of Section 6 of the princi pal Act, the following shall be substituted, namely:- "(5) The amount of maternity benefit for the period preceding the date , of her expected delivery and the amount due for the subsequent period shall be paid by the employer on production of such proof as may be prescribed regarding pregnancy and delivery of a child."
,\mendx:iem 5. In Section 9 of the pr incipal Act, for the words of Section "six weeks" occurring between the words "of" and ~~{ ~~~5~al "immediately'' the words "eight weeks" shall be i.ub~ oi 1961 . stituted.
6. The Assam M aternity Benefit Act . 94.4 is hereby repealed,