GOVERNMENT OF PUNJAB Labour Department (Labour Branch) To, All Administrative Secretaries/ Head of Department/Offices/ Institutions /Board /Corporation.
Punjab Government.
Memo No. 24/02/2016-2L(PF-1)/ Dated the Chandigarh a 0114 p_b 13 Subject:- Maternity benefits to the Women as per The Maternity Benefit Act, 1961 (As amended in 2017).
Sir/Madam,
1. In line with the government of India letter No. S-36012/03/2015-SSI dated 12.04.2017 (Copy attached). The Government has recently enacted the Maternity Benefit (Amendment) Act, 2017. Through this Amendment Act, the following provisions have been added to the Maternity Benefit Act, of 1961:- • Increase in the maternity leave from the existing 12 to 26 weeks for working women with less than two surviving children.
• Provisions for work from home for nursing mothers.
• Mandatory provisions for establishments having fifty or more employees to have the facility of creche.
• Extension of twelve weeks of maternity benefit to the 'commissioning mother' and the 'adopting mother' from the date the child is handed over.
Provisions of the Amendment Act have come into force w.e.f. 1st April 2017, except those relating to the creche facility {Section 4(1)} which would come into force from 01.07.2017.
The following are the clarification given by the Government of India, on some queries raised in the Maternity Benefit Act, of 1961.
Sr.
No Query Clarification
1. Applicability of the act to contractual or consultant women employees.
Since there is no amendment in sec 2 of the Act, hence the original provision will prevail. The Act applies to all women who are employed in any capacity directly or through any agency i.e.
either on a contractual or as a consultant.
Yes.
2. Whether enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act?
Yes.
3. Whether enhance maternity benefit can be extended to those women who have joined after availing of 12 weeks of maternity leave?
Those women employees who had already availed 12 weeks of maternity leave before enforcement of the Maternity Benefit (Amendment) Act, 2017 i.e. 1St April 2017, shall not be entitled to avail of the extended benefit of the 26 weeks of leave.
4. Protection of women in the case she is fired by the employer after learning her pregnancy?
Under Section 12 of the Maternity Benefit. Act, 1961 it is emphasized that any dismissal or discharge of a woman during the pregnancy is unlawful and such an employer can be punished under Section 21 of the Act.
5. Whether the benefits of this Act can be extended to the employed women in the unorganized Sector.
The Maternity Benefit Act is applicable to all mines, plantations, shops and establishments and factories.
Mines, plantations, shops and establishments could be either in the organized sector or an unorganized sector. Also, clarification at Sr. No.
1 may be seen.
2. It is clarified that all those outsourced employees whose ESI Deduction is made shall get the maternity benefit under the Employees Insurance Act 1948.
3. It has also clarified that an employee who is a member of ESI shall approach the agent/contractor/outsourced agency for getting the maternity benefit under the Employees Insurance Act 1948. It is further clarified that the agent/contractor/outsourced agency may provide a substitute to the principal employer during the Maternity leave of the employee.
These clarifications are applicable only to Government department and PSUs.
4. In case there is a direct contract between the Department and employees, The Employer is liable to pay the Maternity Benefit to the employee. The definition of the employer under Maternity Benefit Act, 1961, which is as under:-
(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 which is 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 are the authority which has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
5. In the case of a contract between the Principal employer and agent/contractor/outsourced agency, it is the duty of the agent/contractor/outsourced agency to provide the manpower as per the requirement of the Principal employer and no specific appointment is made by the principal employer. Therefore the onus of implementation of the Maternity Benefit Act, 1961 is of the agent/contractor/outsourced agency.
,(1-5 16/C.A.53/61/S-14/71 dated 18th March, 1971 (Copy attached). It is fuher submitted that in case the appeal is required, the same lies with Labour Commissioner Punjab.
(1-) 6. Any employee who is aggrieved under the Maternity Benefit Act, of 1961 (As amended in, 2017), can file the complaint before the Labour Inspector as per Notification No. S.O.
rt
7. These instructions are being issued with the concurrence of Finance Department given vide their letter no. FD-FP-201(MTLE)/1/2023-3FP2/518487 dated 28.02.2023.
These instructions may be brought to the notice of all officers/officials working under your control for strict compliance.
Endst. No. 24/02/2016-2L(PF-1)/ '62-1 Dated the Chandigarh )-0 14Th Copy of the above is forwarded to the Secretary to Govt. of Punjab, Depa ment of Personnel (PP-3 Branch) for information and necessary action please.
Additional Secr ag )-0 Additional Secret kir r 11) To, No. S-36012/03/2015-SS-1 Government of lndia/m«f 'H'lCflH Ministry of Labour & Employment/~ 3th" '1;~\:iltlll'l II'HII<>t4 The Labour Department, All States/Union Territories ***** Shram Shakti Bhawan, Rafi Marg, New Delhi, dated 12th April, 2017 Sub: The Maternity Benefit (Amendment) Act, 2017 - reg.
Sir/Madam, In line with recommendations of the 44th. 45th & 46th Session of Indian Labour Conference (ILC) and demands from various quarters, the Government has recently enacted the Maternity Benefit (Amendment) Act, 2017. Through this Amendment Act, following provisions have been added to the Maternity Benefit Act, 1961:- • Increase in the maternity leave from existing 12 to 26 weeks for working women with less than two surviving children.
• Provisions for work from home for nursing mothers.
• Mandatory provisions for establishments having fifty or more employees to have the facility of creche.
• Extension of twelve weeks of maternity benefit to the 'commissioning mother' and the 'adopting mother' from the date the child is handed over.
Provisions of the Amendment Act have come into force w.e.f. 1st April, 2017, except those rela ting to creche facility {Section 4( 1)} which would come into force from 01.07.2017.
2. After the enactment of the said Act, the Ministry has been receiving numerous queries relating the revised provisions of the Act. The Ministry has examined such queries in consultation with Chief Labour Commissioner (Central) and the same are clarified as below :- S No. Query Clarification
1. Applicability of the Act to Since there is no amendment in Sec. 2 of contractual or consultant the Act, hence the origina l provision will women employees. prevail.
2.
3.
4.
5.
Whether enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act?
Whether enhance maternity benefit can be extended to those women who have joined after availing 12 weeks of the maternity leave?
Protection of women in case she is fired by the employer after learning her pregnancy?
Whether benefits of this Act can be extended to the employed women in the unorganized Sector The Act is applicable to all women who are employed in any capacity directly or through any agency i.e. either on contrac tual or as consultant.
Yes.
Those women employee who had already availed 12 weeks of maternity leave before enforcement of the Maternity Benefit (Amendment) Act,2017 i.e. ]st April,20 1 7, shall not be entitled to avail the extended benefit of the 26 weeks leave.
Under Section 12 of the M.B. Act, 1961 it is emphasized that any dismissal or discharge of a women during the pregnancy is unlawful and such employer can be punished under Section 21 of the Act.
The Maternity Benefit Act is applicable to all mines, plantations, shops and establishments and factories. Mines, plantations, shop and establishments could be either in organized sector or unorganized sector. Also, clarification at SL. No. 1 may be seen.
3. It is requested that these clarifications may be noted for compliance and also circulated widely so as to make the pregnant working women aware of their rights.
Copy to:
Yours faithfully (;;2~ (H.L. Meena) Director (SS) 011-23710954
1.Chief Labour Commissioner(Central), M/o Labour & Employment, New Delhi .?bsite of the Ministry of Labour & Employment
3.Media Cell, Ministry of Labour & Employment Page 1 Page 2