The document summarizes the key provisions of the Maternity Benefit Act of 1961 in India. Some of the main points covered in the Act include:
1) Employers are prohibited from employing women in certain jobs during the six weeks after delivery, miscarriage, or termination of pregnancy.
2) Women are entitled to receive maternity benefits from their employer, including cash payments during their absence from work due to delivery, miscarriage or medical termination of pregnancy.
3) The Act regulates employment of women during pregnancy and protects women from dismissal during pregnancy or absence related to delivery. Inspectors are appointed to enforce the provisions of the Act.
The document discusses India's Maternity Benefit Act of 1961, which was passed to protect the dignity of motherhood by providing health protections and leave for women employees during pregnancy and after childbirth. The key provisions include:
1) Employers cannot require women to work during the six weeks after delivery, miscarriage or abortion.
2) Women are entitled to paid maternity leave at their normal wages for the period before and after delivery.
3) The act provides other benefits like medical bonuses, leaves for miscarriage or illness, and nursing breaks.
4) Establishments with 50+ employees must provide on-site crèche facilities.
The document outlines maternity benefit provisions for women workers in establishments. It states that no employer shall employ a woman in the 8 weeks following delivery, and that no woman shall work during this period. It also prohibits arduous or long-hours work for pregnant women near their due dates. Employers must provide 8 weeks of paid maternity leave before and after delivery, as long as the woman worked at least 6 months prior. Payment procedures and proof of delivery are also described.
This document outlines maternity benefit provisions for women workers in Bangladeshi law. Key points include:
- Employers cannot employ women during the 8 weeks following delivery and women cannot work during this period.
- Employers cannot employ women in arduous work from 10 weeks before the expected delivery date until 10 weeks after delivery.
- Women workers are entitled to paid maternity benefit for the 8 weeks before and 8 weeks after delivery if they have worked at least 6 months for the employer.
- The document details procedures for claiming and paying maternity benefit and restrictions on terminating a woman's employment during pregnancy and in the months surrounding delivery.
The document summarizes the Maternity Benefit Act of 1961 in India and its amendments. Key points:
- The Act provides maternity leave and benefits to women working in establishments with 10+ employees. It was amended in 2017 to increase benefits.
- The Constitution supports maternity protection under articles 15, 21, 41, and 42. The Act aims to regulate women's employment around childbirth and provide leaves, wages, and nursing breaks.
- Benefits include 26 weeks of paid leave (8 weeks before and 18 after delivery), a medical bonus, leave in case of miscarriage, and creche facilities in large establishments. Employers cannot terminate women for availing benefits.
The document discusses provisions around maternity benefits for women employees in India. Some key points:
- It defines terms like employer, establishment, factory, mines, plantations, wages, etc. for the context of providing maternity benefits.
- It requires that no woman shall work during the six weeks immediately after delivery or miscarriage. It also prohibits employers from knowingly employing women during this period.
- It entitles women employees who have worked for at least 160 days in the last 12 months to receive maternity benefits at the average daily wage for a period of 26 weeks - 8 weeks before and 18 weeks after delivery. Exceptions are provided.
- It discusses provisions around continuing maternity benefits
the presentation contains elaborately the cracks of MB Act, furthermore I have tried to mention the recent amendments in the act from 2017 in simpler words
The Maternity Benefit Act, aims to regulate of employment of women employees in certain establishments for certain periods before and after child birth and provides for maternity and certain other benefits.
The document summarizes the key provisions of the Maternity Benefit Act of 1961 in India. Some of the main points covered in the Act include:
1) Employers are prohibited from employing women in certain jobs during the six weeks after delivery, miscarriage, or termination of pregnancy.
2) Women are entitled to receive maternity benefits from their employer, including cash payments during their absence from work due to delivery, miscarriage or medical termination of pregnancy.
3) The Act regulates employment of women during pregnancy and protects women from dismissal during pregnancy or absence related to delivery. Inspectors are appointed to enforce the provisions of the Act.
The document discusses India's Maternity Benefit Act of 1961, which was passed to protect the dignity of motherhood by providing health protections and leave for women employees during pregnancy and after childbirth. The key provisions include:
1) Employers cannot require women to work during the six weeks after delivery, miscarriage or abortion.
2) Women are entitled to paid maternity leave at their normal wages for the period before and after delivery.
3) The act provides other benefits like medical bonuses, leaves for miscarriage or illness, and nursing breaks.
4) Establishments with 50+ employees must provide on-site crèche facilities.
The document outlines maternity benefit provisions for women workers in establishments. It states that no employer shall employ a woman in the 8 weeks following delivery, and that no woman shall work during this period. It also prohibits arduous or long-hours work for pregnant women near their due dates. Employers must provide 8 weeks of paid maternity leave before and after delivery, as long as the woman worked at least 6 months prior. Payment procedures and proof of delivery are also described.
This document outlines maternity benefit provisions for women workers in Bangladeshi law. Key points include:
- Employers cannot employ women during the 8 weeks following delivery and women cannot work during this period.
- Employers cannot employ women in arduous work from 10 weeks before the expected delivery date until 10 weeks after delivery.
- Women workers are entitled to paid maternity benefit for the 8 weeks before and 8 weeks after delivery if they have worked at least 6 months for the employer.
- The document details procedures for claiming and paying maternity benefit and restrictions on terminating a woman's employment during pregnancy and in the months surrounding delivery.
The document summarizes the Maternity Benefit Act of 1961 in India and its amendments. Key points:
- The Act provides maternity leave and benefits to women working in establishments with 10+ employees. It was amended in 2017 to increase benefits.
- The Constitution supports maternity protection under articles 15, 21, 41, and 42. The Act aims to regulate women's employment around childbirth and provide leaves, wages, and nursing breaks.
- Benefits include 26 weeks of paid leave (8 weeks before and 18 after delivery), a medical bonus, leave in case of miscarriage, and creche facilities in large establishments. Employers cannot terminate women for availing benefits.
The document discusses provisions around maternity benefits for women employees in India. Some key points:
- It defines terms like employer, establishment, factory, mines, plantations, wages, etc. for the context of providing maternity benefits.
- It requires that no woman shall work during the six weeks immediately after delivery or miscarriage. It also prohibits employers from knowingly employing women during this period.
- It entitles women employees who have worked for at least 160 days in the last 12 months to receive maternity benefits at the average daily wage for a period of 26 weeks - 8 weeks before and 18 weeks after delivery. Exceptions are provided.
- It discusses provisions around continuing maternity benefits
the presentation contains elaborately the cracks of MB Act, furthermore I have tried to mention the recent amendments in the act from 2017 in simpler words
The Maternity Benefit Act, aims to regulate of employment of women employees in certain establishments for certain periods before and after child birth and provides for maternity and certain other benefits.
This document summarizes the key provisions of the Maternity Benefit Act 1961 in India. It applies to all establishments with 10 or more employees, entitling women workers who have completed 80 days of employment in the previous year to 26 weeks of paid maternity leave, including 8 weeks before and after delivery. The employer must pay the woman's normal wages during this leave and for any illness arising from pregnancy. The Act also provides for nursing breaks, medical bonus payments, adoption leave, and creche facilities for establishments with over 50 employees.
This presentation talks about the recent amendments in the Maternity Benefit Act and what are the various measures an organisation has to take, to be complied with the recent changes
The document discusses the Maternity Benefit Act of 1961 and its amendments in 2017 in India. It aims to regulate women's employment during pregnancy and provide paid maternity leave and other benefits. Key points include: the Act providing 12 weeks of paid maternity leave being increased to 26 weeks in 2017, eligibility criteria for leave, payment provisions, prohibited work conditions during pregnancy/post-delivery, nursing breaks entitlement, and penalties for non-compliance by employers.
This document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The Act regulates the employment of women in certain establishments during pregnancy and provides for maternity benefits and other benefits.
2) It applies initially to factories, mines, plantations, and establishments where performances are held. State governments can extend it to other establishments with approval.
3) Women cannot be employed during the six weeks after delivery or miscarriage, and pregnant women cannot perform arduous work.
4) Women are entitled to paid maternity leave at their normal wages for a period of 12 weeks - 6 weeks before and 6 weeks after delivery.
This document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The Act regulates the employment of women in certain establishments during pregnancy and provides for maternity benefits and other benefits.
2) It applies initially to factories, mines, plantations, and establishments where performances are held. State governments can extend it to other establishments.
3) It prohibits the employment of women 6 weeks before and after delivery. Pregnant women cannot perform arduous work.
4) Women are entitled to paid maternity leave at their normal wages for 12 weeks - 6 before and 6 after delivery. They must have worked 160 days to be eligible.
Implementation of “the maternity benefit (amendment) act, 2017″IJARIIT
The analysis of impact of amended Maternity benefit act is very important in terms of employment, women
empowerment, social status & Health, Corporate acceptance of the new regulation. Though the Act has a statutory
background & compulsion to the organization however, it is important for the individual to understand the impact of the
same, so that all the parties involved the in the implementation will get the right directions to work on.
Sp_unlocked that will import if can be not use.pdfsaumilboghani53
The document summarizes key aspects of the Maternity Benefit Act 1961 in India. It discusses the need for the act, its origins and development over time, how it relates to the Indian constitution, and provides a brief overview of the act's provisions. It covers topics like duration of paid maternity leave, eligibility, rights during pregnancy, nursing breaks, workplace facilities, and protections against discrimination. The document also includes sample multiple choice questions related to the content.
The document summarizes the key aspects of the Maternity Benefit Act 1961 of India. It discusses provisions such as the objectives of the act to regulate women's employment during pregnancy and provide maternity benefits, cash benefits such as 84 days of paid leave and a medical bonus, and non-cash benefits like nursing breaks. It also outlines important changes introduced by the 2017 amendment including increasing paid maternity leave from 12 to 26 weeks, recognizing the rights of adopting and commissioning mothers, and mandating crèche facilities for large establishments.
The Maternity Benefit Act of 1961 aims to regulate the employment of women in certain establishments before and after childbirth and provide maternity benefits. Key provisions include providing up to 26 weeks of paid maternity leave (12 weeks if the woman has two or more children), cash benefits equal to average daily wages during leave, and prohibiting dismissal or discharge during leave. Applicable to all establishments, it aims to protect motherhood and women's rights during childcare. Major amendments in 2017 increased leave duration and mandated creches in large establishments.
This document summarizes key provisions of the Maternity Benefits Act 1961 and the Medical Termination of Pregnancy Act 1971 in India. The Maternity Benefits Act provides that every woman employee is entitled to 12 weeks of paid maternity leave, including 6 weeks before and after delivery. It prohibits employment of pregnant women in hazardous work and restricts their dismissal. The Medical Termination of Pregnancy Act allows termination of pregnancy by registered doctors up to 12 weeks and up to 20 weeks if continued pregnancy risks the woman's life or health or risks of fetal abnormalities. It specifies conditions for approval of places for termination and consent requirements. The document notes some special cases seeking termination beyond 20 weeks that highlighted a need for amendment.
Maternity Benefits & Medical Termination of Pregnancy ActShubham Bhadani
This document summarizes key provisions of the Maternity Benefits Act 1961 and the Medical Termination of Pregnancy Act 1971 in India. The Maternity Benefits Act provides that every woman employee is entitled to 12 weeks of paid maternity leave, including 6 weeks before and after delivery. It prohibits employment of pregnant women in hazardous work and restricts their dismissal. The Medical Termination of Pregnancy Act allows termination of pregnancy by registered doctors up to 12 weeks and up to 20 weeks if continued pregnancy risks the woman's life or health or risks of fetal abnormalities. It specifies conditions for approval of places for termination and consent requirements. The document notes some recent cases seeking exceptions to allow termination beyond 20 weeks.
The Maternity Benefit Act of 1961 aims to regulate women's employment around childbirth and provide maternity benefits. Key provisions include 26 weeks of paid maternity leave (8 weeks before delivery), cash benefits like medical bonus, and non-cash benefits like nursing breaks and protection from firing. The Act applies to establishments with 10 or more employees and requires duties from both employees and employers around leave notification and record keeping. The 2021 amendments expanded leave and benefits and introduced provisions for working from home and adoption.
The document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1. The Act provides maternity benefits like maternity leave, wages, nursing breaks etc. to regulate women's employment around childbirth and protect motherhood.
2. It applies to establishments with 10 or more employees. Benefits include 26 weeks of paid maternity leave (8 weeks before and 18 weeks after delivery) and monetary compensation for miscarriages.
3. Employers must provide certain facilities like light work during pregnancy, no discrimination during leave, and are penalized for non-compliance through fines or imprisonment.
The Maternity Benefit Act, 1961 (with latest amendments)Rashi Shukla
Maternity Benefit Act, 1961 is a boon for the working women in the sense that they don’t have job insecurity during their maternity period. This act regulate the employment of women & provide maternity & other benefits to them.
The Maternity Benefit Act of 1961 aims to regulate female employment and provide maternity benefits and protections. Key provisions include:
- Providing up to 26 weeks of paid maternity leave (increased from 12 weeks), with 8 weeks before and 18 weeks after delivery
- Extending benefits to adoptive/commissioning mothers and allowing work from home options
- Requiring employers with 50+ employees to provide on-site creches
- Informing women employees of their maternity rights and benefits in writing upon hiring
The Act aims to safeguard women's employment and dignity during pregnancy by providing paid time off and job security for new mothers. Recent amendments have increased leave duration and added protections.
Study analysis on Maternity Benefit Act :he Act regulates employment of women in certain establishments for a certain period before and after child birth and provides for maternity and other benefits. The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948.
Study of Maternity Benefit Act: The Act regulates employment of women in certain establishments for a certain period before and after child birth and provides for maternity and other benefits. The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948.
This document summarizes the key aspects of the Maternity Benefit Act of 1961 in India and its amendments over time. It discusses how the Act prohibits employment of women during pregnancy and provides maternity benefits. It outlines entitlement to 6 weeks of paid leave before and after delivery. It also summarizes some key court cases related to the application of the Act and highlights its coverage of contractual workers. The document aims to give an overview of the evolution and provisions of the Maternity Benefit Act in India.
- India's social security system includes various pension, health insurance, maternity, and disability programs, but it only covers a small portion of the population.
- The Employees' Provident Fund Organization is a major program that provides pensions and survivor benefits to around 35 million formal sector workers.
- The Employees' State Insurance Act provides medical care, cash sickness benefits, and death/disability payments for workers in firms with 10 or more employees.
- The Workmen's Compensation Act requires employers to pay benefits to workers injured or made ill by their jobs.
The Maternity Benefit Act of 1961 regulates the employment of women in certain establishments during and after pregnancy to provide maternity benefits. Key provisions include:
- Women are entitled to 26 weeks of paid leave, including 6 weeks before and 18 weeks after delivery for up to two surviving children. Additional benefits include nursing breaks and no termination or deduction of wages during leave.
- The Act applies to establishments with 10 or more employees and those belonging to the government. To be eligible, a woman must have worked 80 days in the last 12 months.
- Benefits include payment of wages during leave, a medical bonus of Rs. 250, and additional leave for miscarriage, illness, or medical procedures like tubectomy. Employers
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Contenu connexe
Similaire à Maternity Benefit Act.pptx under the labour law II
This document summarizes the key provisions of the Maternity Benefit Act 1961 in India. It applies to all establishments with 10 or more employees, entitling women workers who have completed 80 days of employment in the previous year to 26 weeks of paid maternity leave, including 8 weeks before and after delivery. The employer must pay the woman's normal wages during this leave and for any illness arising from pregnancy. The Act also provides for nursing breaks, medical bonus payments, adoption leave, and creche facilities for establishments with over 50 employees.
This presentation talks about the recent amendments in the Maternity Benefit Act and what are the various measures an organisation has to take, to be complied with the recent changes
The document discusses the Maternity Benefit Act of 1961 and its amendments in 2017 in India. It aims to regulate women's employment during pregnancy and provide paid maternity leave and other benefits. Key points include: the Act providing 12 weeks of paid maternity leave being increased to 26 weeks in 2017, eligibility criteria for leave, payment provisions, prohibited work conditions during pregnancy/post-delivery, nursing breaks entitlement, and penalties for non-compliance by employers.
This document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The Act regulates the employment of women in certain establishments during pregnancy and provides for maternity benefits and other benefits.
2) It applies initially to factories, mines, plantations, and establishments where performances are held. State governments can extend it to other establishments with approval.
3) Women cannot be employed during the six weeks after delivery or miscarriage, and pregnant women cannot perform arduous work.
4) Women are entitled to paid maternity leave at their normal wages for a period of 12 weeks - 6 weeks before and 6 weeks after delivery.
This document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The Act regulates the employment of women in certain establishments during pregnancy and provides for maternity benefits and other benefits.
2) It applies initially to factories, mines, plantations, and establishments where performances are held. State governments can extend it to other establishments.
3) It prohibits the employment of women 6 weeks before and after delivery. Pregnant women cannot perform arduous work.
4) Women are entitled to paid maternity leave at their normal wages for 12 weeks - 6 before and 6 after delivery. They must have worked 160 days to be eligible.
Implementation of “the maternity benefit (amendment) act, 2017″IJARIIT
The analysis of impact of amended Maternity benefit act is very important in terms of employment, women
empowerment, social status & Health, Corporate acceptance of the new regulation. Though the Act has a statutory
background & compulsion to the organization however, it is important for the individual to understand the impact of the
same, so that all the parties involved the in the implementation will get the right directions to work on.
Sp_unlocked that will import if can be not use.pdfsaumilboghani53
The document summarizes key aspects of the Maternity Benefit Act 1961 in India. It discusses the need for the act, its origins and development over time, how it relates to the Indian constitution, and provides a brief overview of the act's provisions. It covers topics like duration of paid maternity leave, eligibility, rights during pregnancy, nursing breaks, workplace facilities, and protections against discrimination. The document also includes sample multiple choice questions related to the content.
The document summarizes the key aspects of the Maternity Benefit Act 1961 of India. It discusses provisions such as the objectives of the act to regulate women's employment during pregnancy and provide maternity benefits, cash benefits such as 84 days of paid leave and a medical bonus, and non-cash benefits like nursing breaks. It also outlines important changes introduced by the 2017 amendment including increasing paid maternity leave from 12 to 26 weeks, recognizing the rights of adopting and commissioning mothers, and mandating crèche facilities for large establishments.
The Maternity Benefit Act of 1961 aims to regulate the employment of women in certain establishments before and after childbirth and provide maternity benefits. Key provisions include providing up to 26 weeks of paid maternity leave (12 weeks if the woman has two or more children), cash benefits equal to average daily wages during leave, and prohibiting dismissal or discharge during leave. Applicable to all establishments, it aims to protect motherhood and women's rights during childcare. Major amendments in 2017 increased leave duration and mandated creches in large establishments.
This document summarizes key provisions of the Maternity Benefits Act 1961 and the Medical Termination of Pregnancy Act 1971 in India. The Maternity Benefits Act provides that every woman employee is entitled to 12 weeks of paid maternity leave, including 6 weeks before and after delivery. It prohibits employment of pregnant women in hazardous work and restricts their dismissal. The Medical Termination of Pregnancy Act allows termination of pregnancy by registered doctors up to 12 weeks and up to 20 weeks if continued pregnancy risks the woman's life or health or risks of fetal abnormalities. It specifies conditions for approval of places for termination and consent requirements. The document notes some special cases seeking termination beyond 20 weeks that highlighted a need for amendment.
Maternity Benefits & Medical Termination of Pregnancy ActShubham Bhadani
This document summarizes key provisions of the Maternity Benefits Act 1961 and the Medical Termination of Pregnancy Act 1971 in India. The Maternity Benefits Act provides that every woman employee is entitled to 12 weeks of paid maternity leave, including 6 weeks before and after delivery. It prohibits employment of pregnant women in hazardous work and restricts their dismissal. The Medical Termination of Pregnancy Act allows termination of pregnancy by registered doctors up to 12 weeks and up to 20 weeks if continued pregnancy risks the woman's life or health or risks of fetal abnormalities. It specifies conditions for approval of places for termination and consent requirements. The document notes some recent cases seeking exceptions to allow termination beyond 20 weeks.
The Maternity Benefit Act of 1961 aims to regulate women's employment around childbirth and provide maternity benefits. Key provisions include 26 weeks of paid maternity leave (8 weeks before delivery), cash benefits like medical bonus, and non-cash benefits like nursing breaks and protection from firing. The Act applies to establishments with 10 or more employees and requires duties from both employees and employers around leave notification and record keeping. The 2021 amendments expanded leave and benefits and introduced provisions for working from home and adoption.
The document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1. The Act provides maternity benefits like maternity leave, wages, nursing breaks etc. to regulate women's employment around childbirth and protect motherhood.
2. It applies to establishments with 10 or more employees. Benefits include 26 weeks of paid maternity leave (8 weeks before and 18 weeks after delivery) and monetary compensation for miscarriages.
3. Employers must provide certain facilities like light work during pregnancy, no discrimination during leave, and are penalized for non-compliance through fines or imprisonment.
The Maternity Benefit Act, 1961 (with latest amendments)Rashi Shukla
Maternity Benefit Act, 1961 is a boon for the working women in the sense that they don’t have job insecurity during their maternity period. This act regulate the employment of women & provide maternity & other benefits to them.
The Maternity Benefit Act of 1961 aims to regulate female employment and provide maternity benefits and protections. Key provisions include:
- Providing up to 26 weeks of paid maternity leave (increased from 12 weeks), with 8 weeks before and 18 weeks after delivery
- Extending benefits to adoptive/commissioning mothers and allowing work from home options
- Requiring employers with 50+ employees to provide on-site creches
- Informing women employees of their maternity rights and benefits in writing upon hiring
The Act aims to safeguard women's employment and dignity during pregnancy by providing paid time off and job security for new mothers. Recent amendments have increased leave duration and added protections.
Study analysis on Maternity Benefit Act :he Act regulates employment of women in certain establishments for a certain period before and after child birth and provides for maternity and other benefits. The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948.
Study of Maternity Benefit Act: The Act regulates employment of women in certain establishments for a certain period before and after child birth and provides for maternity and other benefits. The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948.
This document summarizes the key aspects of the Maternity Benefit Act of 1961 in India and its amendments over time. It discusses how the Act prohibits employment of women during pregnancy and provides maternity benefits. It outlines entitlement to 6 weeks of paid leave before and after delivery. It also summarizes some key court cases related to the application of the Act and highlights its coverage of contractual workers. The document aims to give an overview of the evolution and provisions of the Maternity Benefit Act in India.
- India's social security system includes various pension, health insurance, maternity, and disability programs, but it only covers a small portion of the population.
- The Employees' Provident Fund Organization is a major program that provides pensions and survivor benefits to around 35 million formal sector workers.
- The Employees' State Insurance Act provides medical care, cash sickness benefits, and death/disability payments for workers in firms with 10 or more employees.
- The Workmen's Compensation Act requires employers to pay benefits to workers injured or made ill by their jobs.
The Maternity Benefit Act of 1961 regulates the employment of women in certain establishments during and after pregnancy to provide maternity benefits. Key provisions include:
- Women are entitled to 26 weeks of paid leave, including 6 weeks before and 18 weeks after delivery for up to two surviving children. Additional benefits include nursing breaks and no termination or deduction of wages during leave.
- The Act applies to establishments with 10 or more employees and those belonging to the government. To be eligible, a woman must have worked 80 days in the last 12 months.
- Benefits include payment of wages during leave, a medical bonus of Rs. 250, and additional leave for miscarriage, illness, or medical procedures like tubectomy. Employers
Similaire à Maternity Benefit Act.pptx under the labour law II (20)
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
2. Introduction
Article 42 of the Constitution of India states that the State shall make
provision for securing just and humane conditions of work and for
maternity relief.
Article 39(e) &(f) of the Constitution of India provides that the State shall,
in particular, direct its policy towards securing that the health and strength
of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength.
Maternity Benefits are aimed to protect the dignity of motherhood by
providing for the full and healthy maintenance of women and her child
when she is not working.
The Maternity Benefit Act, 1961 also makes certain other provisions to
safeguard the interest of pregnant women workers.
3. Applicability of Maternity Benefit Act, 1961
The Act was passed to regulate the employment of women in certain
establishments for certain periods before and after child birth, to provide
for maternity benefit and certain other benefits.
The Maternity Benefit Act, 1961 regulates the employment of women in
factories, mines, the circus industry, plantations and shops or
establishments employing 10 or more persons except the employees who
are covered under the Employees’ State Insurance (ESI) for certain periods
before and after child-birth and provides for maternity and other benefits.
State Government may extend all or any of the provisions of the Act to any
establishment with the approval of Central government and after giving 2
months notice by official gazette.
4. Important Definitions
“Establishment” means – (i) a factory; (ii) a mine; (iii) a plantation; (iv) an
establishment wherein persons are employed for the exhibition of
equestrian acrobatic and other performance; (iva) a shop or establishment;
or (v) an establishment to which the provisions of this Act have been
declared under sub-section (1) of section 2 to be applicable ( Section
3(e)
“Child” includes a still-born child. (Section 3(b)
“Commissioning Mother” means a biological mother who uses her egg to
create an embryo implanted in any other woman. (Section 3(ba)
Woman – woman employed, whether directly or through any agency, for
wages in any establishment. (Section 3(o)
5. Important Definitions
“Wages” means all remuneration paid or payable in cash to a woman if the
terms of the contract of employment express or implied were fulfilled and
includes –
(1) such cash allowances (including dearness allowance and house rent
allowances) as a woman is for the time being entitled to
(2) incentive bonus and
(3) the money value of the concessional supply of food grains and other
articles but does not include – (i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or payment made on account of
fines; (iii) any contribution paid or payable by the employer to any pension
fund or provident fund or for the benefit of the woman under any law for
the time being in force; and (iv) any gratuity payable on the termination of
service; (Section 3(n)
6. Prohibition of Employment – Section 4
Section 4 of the Act provides that no employer shall knowingly employ a
woman in any establishment during the six weeks immediately following
the day of her delivery, miscarriage or medical termination of pregnancy. It
also specifies that no women shall work in any establishment during the
six weeks immediately following the day of her delivery, miscarriage or
medical termination of pregnancy.
If a pregnant women makes request to her employer, she shall not be
given to do during the period of one month immediately preceding the
period of six weeks, before the date of her expected delivery,
1) any work which is of an arduous nature or
2) which involves long hours of standing, or
3) which in any way is likely to interfere with her pregnancy or the normal
development of the foetus, or is likely to cause her miscarriage or
otherwise to adversely affect her health.
7. Entitlement to Maternity Benefit – Section 5
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.
The average daily wage means the average of the woman’s wages payable
to her for the days on which she has worked during the period of three
calendar months immediately preceding the date from which she absents
herself on account of maternity, the minimum rate of wage fixed or revised
under the Minimum Wages Act, 1948 or ten rupees, whichever is the
highest.
A woman shall be entitled to maternity benefit if she has actually worked in
an establishment of the employer from whom she claims maternity benefit,
for a period of not less than eighty days in the twelve months immediately
preceding the date of her expected delivery.
8. Entitlement to Maternity Benefit – Section 5
For the purpose of calculating the days on which woman has worked in an
establishment, the days of lay-off and the holidays declared under the law,
shall be counted.
The maximum period for which any woman shall be entitled to maternity
benefit shall be twenty-six weeks of which not more than eight weeks shall
precede the date of her expected delivery.
A woman who legally adopts a child below the age of three months or a
commissioning mother shall be entitled to maternity benefit for a period of
twelve weeks from the date the child is handed over to the adopting mother
or the commissioning mother, as the case may be.
A woman having two or more than two surviving children shall be entitled to
maternity benefit for a period of twelve weeks of which not more than six
weeks shall precede the date of her expected delivery.
9. Entitlement to Maternity Benefit – Section 5
If a woman dies during this period, the maternity benefit shall be payable
only for the days up to and including the day of her death. Where a
woman, having been delivered of a child, dies during her delivery or
during the period 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 for the maternity benefit for that entire
period. 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.
In case where the nature of work assigned to a woman is of such nature
that she may work from home, the employer may allow her to do so after
availing of the maternity benefit for such period and on such conditions as
the employer and the woman may mutually agree.
10. Notice for Maternity benefit – Section 6
Any woman employed in an establishment and entitled to maternity benefit
under the provisions of this Act may give notice in writing in prescribed form,
to her employer, stating that her maternity benefit and any other amount to
which she may be entitled under this Act may be paid to her or to such person
as she may nominate in the notice and that she will not work in any
establishment during the period for which she receives maternity benefit.
In the case of a woman who is pregnant, such notice shall state the date from
which she will be absent from work, not being a date earlier than six weeks
from the date of her expected delivery. Any woman who has not given the
notice when she was pregnant may give such notice as soon as possible after
the delivery.
In the case of a woman who is pregnant, such notice shall state the date from
which she will be absent from work, not being a date earlier than six weeks
from the date of her expected delivery. Any woman who has not given the
notice when she was pregnant may give such notice as soon as possible after
the delivery.
11. Payment of Maternity Benefit
The amount of maternity benefit for the period preceding the date of her
expected delivery shall be paid in advance by the employer to the woman
on production of such proof, that the woman is pregnant.
The amount due for the subsequent period shall be paid by the employer
to the woman within forty-eight hours of production of such proof as may
be prescribed that the woman has been delivered of a child.
Every woman entitled to maternity benefit under this Act shall continue to
be so entitled until she becomes qualified to claim maternity benefit
under section 50 of the Employees State Insurance Act, 1948.
Inspector may order the payment of benefit on an application by the
woman or of own motion.
Any amount payable as maternity benefit shall be recoverable as an arrear
of lane revenue.
12. Rules under section 12 and 18
Where a woman absents herself from work in accordance with the provisions of
this Act, it shall be unlawful for her employer to discharge or dismiss her during
or on account of such absence or to give notice of discharge or dismissal on
such a day that the notice will expire during such absence, or to vary to her
disadvantage any of the conditions of her service.
If a woman works in any establishment after she has been permitted by her
employer to absent herself under the provisions of section 6 for any period
during such authorized absence, he shall forfeit her claim to the maternity
benefit for such period.
The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for such discharge of dismissal would have been entitled to
maternity benefit or medical bonus referred to in section 8, shall not have the
effect of depriving her of the maternity benefit or medical bonus. Provided that
where the dismissal is for any prescribed gross misconduct the employer may,
by order in writing communicated to the woman, deprive her of the maternity
benefit or medical bonus or both.
13. Other Benefits
Every woman entitled to maternity benefit under this Act shall also be
entitled to receive from her employer a medical bonus of twenty-five
rupees, if no pre-natal confinement and post-natal care is provided for by
the employer free of charge.
In case of miscarriage, a woman shall, on production of such proof as may
be prescribed, be entitled to leave with wages at the rate of maternity
benefit for a period of six weeks immediately following the day of her
miscarriage.
A woman suffering illness arising out of pregnancy, delivery, premature
birth of child or miscarriage shall be entitled (in addition to the period of
absence allowed to her) to leave with wages at the rate of maternity
benefit for a maximum period of one month.
Every woman delivered of a child who returns to duty after such delivery
shall, in addition to the interval for rest allowed to her, be allowed in the
course of her daily work two breaks of the prescribed duration for nursing
the child until the child attains the age of fifteen months.
14. Other Benefits
Every woman delivered of a child who returns to duty after such delivery
shall, in addition to the interval for rest allowed to her, be allowed in the
course of her daily work two breaks of the prescribed duration for nursing
the child until the child attains the age of fifteen months.
Every establishment having fifty or more employees shall have the facility
of creche within such distance as may be prescribed, either separately or
along with common facilities.
The employer shall allow four visits a day to the creche by the woman,
which shall also include the interval for rest allowed to her. Every
establishment shall intimate in writing and electronically to every woman
at the time of her initial appointment regarding every benefit available
under the Act.
15. Powers of Inspectors
To enter at all reasonable times any premises or place where women are employed
or work is given to them in an establishment, for the purposes or examining any
registers, records and notices required to be kept or exhibited by or under this Act
and require their production for inspection
To examine any person whom he finds in any premises or place and who, he has
reasonable cause to believe, is employed in the establishment
To require the employer to give information regarding the names and addresses of
women employed, payments made to them, and applications or notices received
form them under this Act
To take copies of any registers and records or notices or any portions
The Inspector may, of his own motion or on receipt of a complaint, make an
enquiry or cause an inquiry to be made and if satisfied that payment has been
wrongfully withheld, may direct the payment to be made in accordance with his
orders.
The decision of the prescribed authority where an appeal has been preferred to it
or of the Inspector where no such appeal has been preferred, shall be final.