The question (12 marks)
Discuss the scheme of the Maternity Benefit Act, 1961 — the prohibition on employment, the right to benefit and its qualifying condition, the manner of payment, and the protection against dismissal. What did the amending Act of 2017 add to this scheme? (12 marks)
MU Module III, Maternity Benefit Act 1961 and the amendment of 2017; pack ch. 03 §7.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Employees' State Insurance and Maternity Benefit of Labour Law and Industrial Relations – II.
Authorities you will need
- Maternity Benefit Act 1961, ss. 2(1), 3(b) and 3(c)
- Maternity Benefit Act 1961, s. 4(1)
- Maternity Benefit Act 1961, s. 5(1) with the Explanation, and s. 5(2)
- Maternity Benefit Act 1961, s. 6 including sub-sections (5) and (6)
- Maternity Benefit Act 1961, ss. 8, 9, 9A, 10, 11 and 13
- Maternity Benefit Act 1961, s. 12(1) and (2)
- Maternity Benefit (Amendment) Act 2017, inserting ss. 5(4), 5(5) and 11A
- Ram Bahadur Thakur (P) Ltd v Chief Inspector of Plantations
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.