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Maternity
Benefit (Section
50 of ESI Act)
Definitions
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Confinement
CONFINEMENT" has been defined in sub-section (3) of Section 2 of the Act as
"labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead". In other words, if labour results in the issue of a still-born child before the
expiry of 26 weeks of pregnancy, it will not be considered as
confinement. On the other hand, if the
still-borp child is delivered after 26 weeks of pregnancy, it will be considered as confinement. Also, the issue of a living child has to be deemed confinement in any case.
Miscarriage
"MISCARRIAGE" has been defined in sub-Section (14-B) of Section 2 of the Act to mean "expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code."
Insured Women
The term "insured woman" has not been defined in the Act. However, sub-Section (14) of Section 2 defines an "insured person" as a person who is or was an employee in respect of whom contributions are or were payable under the Act and who is, by reason thereof, entitled to any of the benefits provided by this Act. The term "insured person also includes an "insured woman". By virtue of the definition of the term "insured person", a woman can continue to be "insured woman" even after she has left insurable employment. She will thus be entitled to maternity benefit during a benefit period during which she may no longer be in insurable employment, provided she satisfies the contributory condition relevant to the said benefit period.
Authority for certifying eligibility:
The Local Office to which an insured woman is allotted is the appropriate authority to certify eligibility and admit to claim for payment.
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