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 ; 
Short title, 
extent and 
commence· 
ment. 
It is hereby enacted in the Fourteenth Year of the 
Republic of India as follows :-
1. ( 1) This Act may be called the Maternity 
Benefit (Assam Amendment) Act, 1963. 
(2) It extends to th e 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 the Cen• • b ' h d " h " d · d" 1 " tral Act No. occurring etween t e wor s t e an "1mme 1ate y 
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. 
!'Right to 
payment cf 
maternity 
benefit. 
5. ( 1) Subject to the provision of this Act 
every woman sfiall be entitled to, and her employer 
shall be liable for, the payment of maternity 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. ] 
Amendment 
of Sec tion 
6 of Central 
Act No.53 
of 196!. 
2 
t•Jtai 0f one hun .Jre<l and fihy days durin g 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 wom an worked , the day s on which (a) she 
has been laid off under an agreement or as permitted Central Act 
ily Standing Orders under the Indu strial Emplo yment ~94;62° of 
(Stan ding 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 include d. 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 upt o and 
including the day of delivery and eight weeks inune­
diat ely following the day of deli very. ' 
4. For sub-section ( 5)" of Section 6 of the princi­
pal Act, the following shall be substituted , namely:-
"(5) The amount of maternity benefit for the 
per iod preceding the date , of her expected delivery 
and the amount due for the subsequent period shall 
be pai d by the e mployer on producti on 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 tely'' the words "eight weeks" shall be i.ub~ 
oi 1961. stituted. 
6. The Assam M atern ity Benefit Act . 94.4 is hereby 
repealed , 

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