Amendment status not verified — confirm the current text below against the official source.
Subs. by s. 4, ibid., for “one hundred and sixty days” (w.e.f. 10-1-1989). 5 Provided that the qualifying period of 1[eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration. Explanation.—For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, 2[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account. 3[(3) The maximum period for which any woman shall be entitled to maternity benefit shall be 4 4[twenty-six weeks of which not more than eight weeks] shall precede the date of her expected delivery:] 5[Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:] 6[Provided further that] where a woman dies during this period, the maternity benefit shall be payable payable only for the days up to and including the day of her death: 7[ 8[Provided also that] 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 but 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.] 9[(4) 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. (5) 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.] STATE AMENDMENTS Assam Amendment of Section 5 of Central Act 53 of 1961 (as amended by Assam Act 12 of 1964).—In the explanation appended to sub-section (1) of section 5 of the principal Act, as amended by the Assam Act 12 of 1964, the word “six” appearing after the words “multiplied by” shall be substituted by the word “seven”. [Vide Assam Act, 2 of 1984, s. 2.] 10[5A. Continuance of payment of maternity benefit in certain cases.—Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.] 11[5B. Payment of maternity benefit in certain cases.—Every woman—