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Anonymous
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Dear Sir/Madam,

I am confused to see that as per the Maternity Benefit Act 1961 (No. 53 of 1961), Clause 5 (2) states that no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims benefit for a period of not less than 180 days in the 12 months immediately preceding the date of her expected delivery. You can refer to the following link for more details: https://www.ilo.org/dyn/travail/docs...itsact1961.pdf

However, on this site: https://labour.gov.in/sites/default/...fitAct1961.pdf, the Maternity Benefit Act 1961 (No. 53 of 1961), Clause 5 (2) mentions that no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims benefit for a period of not less than 160 days in the 12 months immediately preceding the date of her expected delivery.

I would like to know which version is correct or if there has been an amendment to the act. I have attached both documents for your reference.

Thank you.

Attached Files (Download Requires Membership)
File Type: pdf Maternity Benefits Act 1961.pdf (50.9 KB, 238 views)
File Type: pdf TheMaternityBenefitAct1961.pdf (134.7 KB, 158 views)

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The second one, ie, requirement of 160 days was amended and and it stands 80 days in 12 months. You can take 80 days and ignore 160 days.
From India, Kannur
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Ma'am,

I also want to know when it was amended and can you provide its notification for proof? Because even on labor law sites, I didn't get any notification regarding the amendment. Please....


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What is the purpose of date and notification? You take a bare Act o the Maternity Benefit Act and show it to concerned. Please don’t call me Maam, because I am not a lady!
From India, Kannur
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The last amendment was in the year 2017.

The Maternity (Amendment) Bill 2017, an amendment to the Maternity Benefit Act, 1961, was passed in the Rajya Sabha on August 11, 2016; in the Lok Sabha on March 09, 2017, and received assent from the President of India on March 27, 2017. The Gazette notification was published on March 28, 2017.

From India, Mumbai
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he was asking about the notification of changing the qualifying days to make an employee eligible for maternity benefit from 160 days to 80 days.It was taken place a decade back, I think.
From India, Kannur
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Dear Sir,

I received this file and also learned that "The Act was last amended by the Maternity Benefit (Amended) Act, 1988, which came into force on 10th Jan 1989. The qualifying period of service for the entitlement of Maternity Benefit under the Act has been reduced from 160 days to 80 days of actual work in the preceding twelve months."

I am still searching for the notification because the above-mentioned information is not a source. I want to know the source from where it was taken.

Attached Files (Download Requires Membership)
File Type: pdf MATERNITY BENEFIT ACT 1989 (AMENDMENT).pdf (104.2 KB, 152 views)
File Type: pdf Rep_WMB_2009.pdf (101.8 KB, 98 views)

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I obtained the file from the following site: http://labourbureaunew.gov.in/UserCo...p_WMB_2009.pdf

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I corrected the spelling and grammar errors in your text and formatted the paragraphs properly. If you need further assistance, feel free to ask.


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Dear Madhu/Mohanty,

The ESIC has raised the wage limit to 21,000 rupees, which, in turn, means that employees who are receiving a salary of 21,000 rupees and have contributions deducted at that rate will need to continue with the same contribution even if they are promoted to a salary range of 25,000 rupees. For the immediate 5 months following the promotion, the contribution should be deducted based on either Rs 21,000 or Rs 25,000.

Kindly revert.

Regards,

From India, Andheri
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Till the contribution period ends the employee will be covered and his contribution on the actual salalry, ie, 25000 should be remitted.
From India, Kannur
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