6Notice of claim for maternity benefit and payment thereof
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, 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.
(2) 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.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
1[(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.]
(5) 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 as may be prescribed that the woman is pregnant, and 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.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
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1. Subs. by Act 61 of 1988, s. 5, for sub-section (4) (w.e.f. 10-1-1989).
- 1 Short title, extent and commencement
- 2 Application of Act
- 3 Definitions
- 4 Employment of, or work by, women prohibited during certain periods
- 5 Right to payment of maternity benefit
- 5A Continuance of payment of maternity benefit in certain cases
- 5B Payment of maternity benefit in certain cases
- 6 Notice of claim for maternity benefit and payment thereof
- 7 Payment of maternity benefit in case of death of a woman
- 8 Payment of medical bonus
- 9 Leave for miscarriage, etc
- 9A Leave with wages for tubectomy operation
- 10 Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation
- 11 Nursing breaks
- 11A Creche facility
- 12 Dismissal during absence of pregnancy
- 13 No deduction of wages in certain cases
- 14 Appointment of Inspectors
- 15 Powers and duties of Inspectors
- 16 Inspectors to be public servants
- 17 Power of Inspector to direct payments to be made
- 18 Forfeiture of maternity benefits
- 19 Abstract of Act and rules thereunder to be exhibited
- 20 Registers, etc
- 21 Penalty for contravention of Act by employer
- 22 Penalty for obstructing Inspector
- 23 Cognizance of offences
- 24 Protection of action taken in good faith
- 25 Power of Central Government to give directions
- 26 Power to exempt establishments
- 27 Effect of laws and agreements inconsistent with this Act
- 28 Power to make rules
- 29 Amendment of Act 69 of 1951
- 30 Repeal