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Maternity Act
PF and Gratuity Act
ESI and WC Act
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MATERNITY BENEFIT ACT, 1961
Applicable: All India
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Child: includes a still born child
Delivery: birth of a child
Employer
Employer
Establishment
Factory
InspectorWages
Woman
Miscarriage
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No employer shall knowingly employ a
woman in any establishment during the six
weeks immediately following the day of her
delivery, miscarriage or medical terminationof pregnancy
No woman shall work in any establishment
during the six weeks immediately following
the day of her delivery [miscarriage ormedical termination of pregnancy].
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No pregnant woman shall, on a request being
made by her in this behalf, be required by
her employer to do during the period any
work which is of an arduous nature or which involves long hours of standing, or
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.
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The period referred to in sub-section (3)
shall be-
(a) the period of one month immediately
preceding the period of six weeks, before thedate of her expected delivery;
(b) any period during the said period of six
weeks for which the pregnant woman does
not avail of leave of absence under section 6.
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At the rate of the average daily wage for the
period of her actual absence.
No woman shall be entitled to maternitybenefit unless she has actually worked in an
establishment of the employer from whom
she claims maternity benefit, for a period of
not less eighty days in the twelve monthsimmediately preceding the date of her
expected delivery.
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Every woman-
(a) who is employed in a factory or otherestablishment to which the provisions of theEmployees' State Insurance Act, 1948 (34 of
1948), apply; (b) whose wages (excluding remuneration for
over-time work) for a month exceed the amountspecified in sub-clause (b) of clause (9) ofsection 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of section 5,
shall be entitled to the payment of maternitybenefit under this Act.
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If a woman entitled to maternitybenefit or any other amount under thisAct, dies before receiving suchmaternity benefit or amount, the
employer shall pay such benefit oramount to the person nominated bythe woman in the notice given undersection 6 and in case there is no such
nominee, to her legal representative.
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In case of miscarriage or medical termination
of pregnancy, a woman shall, on production
of such proof as may be prescribed, be
entitled to leave with wages at the rate ofmaternity benefit, for a period of six weeks
immediately following the day of her
miscarriage or, as the case may be, her
medical termination of pregnancy.
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A woman suffering from illness arising out of
pregnancy, delivery, premature birth of
child, [miscarriage, medical termination of
pregnancy or tubectomy operation] beentitled, in addition to the period of absence
allowed to her under section 6, or, to leave
with wages at the rate of maternity benefit
for a maximum period of one month.
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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 dailywork two breaks of the prescribed duration
for nursing the child until the child attains
the age of fifteen months.
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When 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 accountof such absence
give notice of discharge or dismissal on such
a day that the notice will expire during such
absence vary to her disadvantage any of the
conditions of her service.
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The state government appoints Inspectors
under this Act, who may:
enter the establishment,
question as they deem fit , take copies of any records,
direct employers to make payments
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A woman who has been on unauthorised
absence may forfeit the benefits available
under the Act
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Employer who defaults on the provisions of
the Act may face imprisonment up to one
year and a fine
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PAYMENT OF GRATUITY ACT, 1972
Applicable: All India
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Completed year of service: continuous
service for one year
Continuous service:means uninterrupted
service and includes service which isinterrupted by sickness, accident, leave,
layoff, strike or a lock-out or cessation of
work not due to any fault of the employee
concerned, whether such interrupted orinterrupted service was rendered
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Retirement: means termination of theservice of an employee otherwise than onsuperannuation;
Superannuation: the attainment by theemployee of such age as is fixed in thecontract or conditions of service as the age
on the attainment of which the employeeshall vacate the employment; and
in any other case, the attainment by theemployee of the age of fifty-eight years
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Gratuity shall be payable to an employee on
the termination of his employment after he
has rendered continuous service for not less
than five years,-
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to
accident or disease;
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For every completed year of service or part
thereof in excess of six months, the
employer shall pay gratuity to an employee
at the rate of fifteen days' wages based on
the rate of wages last drawn by the
employee concerned
The amount of gratuity payable to an
employee shall not exceed twenty months'wages.
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No gratuity payable under this Act shall be
liable to attachment in execution of any
decree or order of any civil, revenue or
criminal court.
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Employee's Provident Funds Miscellaneous
Provisions Act, 1952
Applicable All India except the State ofJammu and Kashmir
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http://www.epfindia.gov.in/EPFAct1952.pdf
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Every establishment which is a factory
engaged in any industry specified in Schedule
I and in which twenty or more persons are
employed, and
Any other establishment employing twenty or
more persons or class of such establishments
which the Central Government may, by
notification in the Official Gazette, specify
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The Fund shall vest in, and be administered by,
the Central Board constituted under section 5A.
The Central Government may, be notification in
the Official Gazette, constitute, a Board of
Trustees and an Executive Committee to assist
the Central Board in the performance of its
functions.
Central Govt , in consultation with State Govt
may constitute a State Board of Trustees
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Central Govt will appoint a Central Provident
Fund Commissioner and may appoint
Financial Advisor
Chief Accounts Officer
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Appropriate Government
Authorised Officer: Provident FundCommissioner
Employer, Employee
Contribution: Contribution payable in respect ofa member
Exempted Employee/ Establishment: to whomexemption from the scheme has been granted
under Sec 17 Fund: Provident fund
Pension Fund: Employees Pension fund
Superannuation: attainment of the age of 58
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By Employer: 12% of basic wages, dearness
allowance and retaining allowance
By Employee: Equal to that of employer; canopt to contribute more, but employer cannot
be compelled to contribute more
Retaining allowance: paid to employee whilenot working, to retain his service
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http://www.business-
standard.com/article/pf/things-to-know-
about-employee-provident-fund-
113060200464_1.html
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Providing pension
Providing widow/widower/children pension
8 1/3% of basic, DA, retaining allowance
payable by employer, out of the 12%
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Will be done by:
Central Provident Fund Commissioner
Additional Central Provident Fund
CommissionerDeputy Provident Fund Commissioner
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Central Govt may constitute one or moretribunals
One person per tribunal
Should be qualified to be a judge of a High Court
or a judge of a District Court
Appeals may be made to the Tribunal in
prescribed format The appellant may appoint a legal professional
to appear on his behalf
Copy of the order of the Tribunal has to be givento the appellant
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Provident Fund is recognised under Section
11 of the Income Tax Act of 1922
Provident Fund cannot be attached by acourt
In case of death, the amount shall be
payable to the nominee
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To be appointed by the State Govt by
notification in the official gazette
May enquire into the correctness of any
information providedMay require employer or contractor to
furnish information
May, with assistance, enter, search any
establishment for examination of books,accounts, take copies of records
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Imprisonment up to 3 years and fine
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Central PF Commissioner may exempt
establishments from some provisions of the
Act e.g. Insurance Scheme
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When an employee leaves employment, the
accumulations to his credit are transferred to
the account of the new employer under the
Provident Fund
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