The MATERNITY BENEFIT (ASSAM AMENDMENT) ACT, 1963
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 ;

### It is hereby enacted in the Fourteenth Year of the

Republic of India as follows :-

Short title, 1. ( 1) This Act may be called the Maternity
extent and Benefit (Assam Amendment) Act, 1963.
commence·
ment.

(2) It extends to the 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 tral the Act Cen• No. occurring etween • b ' t h e wor s t e d " h " an d · "1mme d" 1ate y 1 "
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.

5. ( 1) Subject to the provision of this Act

!'Right to every woman sfiall be entitled to, and her employer
payment cf
maternity shall be liable for, the payment of maternity benefit . ·
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._ _]_


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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; 2° of
6

(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.'

Amendment 4. For sub-section ( 5)" of Section 6 of the princi-
of Section pal Act, the following shall be substituted, namely:-

6 of Central

Act No.53
of 196!.

"(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 principal Act, for the words

of Section "six weeks" occurring between the words "of" and
~~{ ~~~5[~al ]["immedia][t][ely'' ] [the ][words ]["eight ] [weeks" shall ] [be ] [i.ub~ ]

oi 1961 . stituted.

6. The Assam M aternity Benefit Act . 94.4 is hereby

repealed,


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