Maternity Benefit Act 1961 - Salary Benefits

Dear All,
I have a question on maternity benefit act 1961.
A women is getting the salary within 10000 she will be under ESI coverage, so probably many companies they will not give the benefit under maternity benifit act. they will get the benefit under ESI ( correct me if i am wrong)
A women getting 50000 as her salary she will not covered under ESI she will come under maternity benefit act 1961 only, the act say in sect 5.5 is whether the women working in the organisation got concieved she can get leave with average pay for six week before delivery and after delivery.
It means the pay what she has getting that should be given or any measurement is there if the limit 10000 exceded. As the act says what is the exact meaning of average pay
Please clarify and share your valuable points.
Thanks and regards,
Diwakkar P
09600044113

Dear Diwakkar,
You have rightly understood the law. There is no other measurement in the law. She will get maternity benefit @ of Rs. 50,000/- per month if she has taken this rate of pay in all the three calendar months from the date of going on leave/ absents herself on account of maternity. You can also go through section 5 Explanation for having knowledge on calculation on average daily pay under the M B Act, 1961.
Opinion/ comments submitted as requested
With Regards,
R.N.Khola