Amendment status not verified — confirm the current text below against the official source.
(1) If a woman entitled to maternity benefit under this Act dies on the day of her delivery or during the period thereafter in respect of which she is entitled to the maternity benefit, the liability of the employer under section 4 shall not, by reason 'of her death, be discharged, and he shall pay the amount of maternity benefit due, if the newly born child survives her, to the person who undertakes the care of the child; and, if The West Bengal Maternity Benefit (Tea Estates) 5 Act, 1948. XXXIII of 1948.] (Sections 10-12.) the child does not survive her, to the person nominated by her under sub-section (1) of section 8 or, if she has made no such nomination, to her next of kin as deter- mined by the employer whose decision shall be final. (2) If a woman dies during the period in respect of which she is entitled to maternity benefit but before giving birth to a child, the employer shall be liable only for the payment of half the amount of maternity benefit due under section 5. Any amount due at the death of the woman shall be paid to the person nomi- nated by her under sub-section (1) of section 8, or, if she has made no such nomination, to her next of kin as may be determined by the employer whose decision shall be final.