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GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
No. 123/Leg./17-LD/Repub.
Puducherry, the 13th April 2017.
NOTIFICATION
The following Act of the Parliament of the Ministry of Law and Justice (Legislative Department),
Government of India, New Delhi, published in the Gazette of India, is hereby republished for general information
of the public.
(By order)
N. MURUGAVEL,
Under Secretary to Government (Law).
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of Newspapers for India under
No. 10410
Registered No. SSP/PY/44/2015-17
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Dated : 18-4-2017
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18 {
No.
44
Poudouchéry
Mardi
18
Avril
2017 (28 Chaitra 1939)
No.
Puducherry
Tuesday
18th
April
2017
278
LA GAZETTE DE L’ETAT
[ PART-I
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Short title, and
commencement.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 28th March, 2017/Chaitra 7, 1939 (Saka).
The following Act of Parliament received the assent of the President
on the 27th March 2017, and is hereby published for general information:-
THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017
No. 6 OF 2017
[27th March, 2017]
An Act further to amend the Maternity Benefit Act, 1961.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of
India as follows:—
1. (1) This Act may be called the Maternity Benefit (Amendment) Act, 2017.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions
of this Act and any reference in any such provision to the commencement of this
Act shall be construed as a reference to the coming into force of that provision.
2. In the Maternity Benefit Act, 1961 (hereinafter referred to as the
principal Act), in section 3, after clause (b), the following clause shall be inserted,
namely:—
'(ba) "commissioning mother" means a biological mother who uses her
egg to create an embryo implanted in any other woman;'.
3. In the principal Act, in section 5,—
(A) in sub-section (3)—
(i) for the words "twelve weeks of which not more than six weeks", the
words "twenty-six weeks of which not more than eight weeks" shall be substituted;
(ii) after sub-section (3) and before the first proviso, the following
proviso shall be inserted, namely:—
"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;";
(iii) in the first proviso, for the words "Provided that", the words
"Provided further that" shall be substituted;
(iv) in the second proviso, for the words "Provided further that", the words
"Provided also that" shall be substituted;
(B) after sub-section (3), the following sub-sections shall be inserted,
namely:—
"(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.
Amendment of
section 3.
Am e n d me n t o f
section 5.
53 of 1961
PART-I ]
LA GAZETTE DE L’ETAT
279
(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.".
4. In the principal Act, after section 11, the following section shall be
inserted, namely:—
"11A. (1) Every establishment having fifty or more employees shall have
the facility of creche within such distance as may be prescribed, either separately
or along with common facilities:
Provided that the employer shall allow four visits a day to the creche by
the woman, which shall also include the interval for rest allowed to her.
(2) Every establishment shall intimate in writing and electronically to
every woman at the time of her initial appointment regarding every benefit
available under the Act.".
Dr. G. NARAYANA RAJU,
Secretary to the Government of India.
————
THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2017
No. 11 OF 2017
[12th April, 2017]
An Act further to amend the Employee's Compensation Act, 1923.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of
India as follows:—
1. (1) This Act may be called the Employee's Compensation (Amendment)
Act, 2017.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2. In the Employee's Compensation Act, 1923 (hereinafter referred to as
the principal Act), after section 17, the following section shall be inserted,
namely:—
"17A. Every employer shall immediately at the time of employment
of an employee, inform the employee of his rights to compensation under
this Act, in writing as well as through electronic means, in English or
Hindi or in the official language of the area of employment, as may be
understood by the employee.".
3. In the principal Act, in section 18A, in sub-section (1),—
(i) in clause (d), for the word and figures "section 16,", the words and
figures "section 16, or" shall be substituted;
(ii) after clause (d), the following clause shall be inserted, namely:—
"(e) fails to inform the employee of his rights to compensation as
required under section 17A,";
Insertion of new
section 11A.
Creche facility
8 of 1923
Short title
and
commencement.
Insertion of new
section 17A.
Duty of employer
to inform employee
of his rights.
Amendment
of
section 18A.
280
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280
(iii) in the long line, for the words "which may extend to five thousand
rupees", the words "which shall not be less than fifty thousand rupees but which
may extend to one lakh rupees" shall be substituted.
4. In the principal Act, in section 30, in sub-section (1), in the first
proviso, for the words "three hundred rupees", the words "ten thousand rupees or
such higher amount as the Central Government may, by notification in the Official
Gazette, specify" shall be substituted.
5. Section 30A of the principal Act shall be omitted.
Dr. G. NARAYANA RAJU,
Secretary to the Government of India.
————
online publication at “http://styandptg.puducherry.gov.in”
Government Central Press
Directorate of Stationery and Printing
Puducherry-605 009
A m e n d m e n t o f
section 30.
O m i s s i o n o f
section 30A.