Hi Savita,
I would like to share my views in this regards as below..
1) you definitely eligible for Maternity benefits irrespective whether your not contract or direct employee.
2) you should submits the application to your contractor (direct employer) instead of your principle employer, as advised by other members too, but, for safer side, you may submits one copy to them also.
3) In case of Maternity Benefits act. any of agreement, which obstacle or restricted for this benefits, such clauses shall be null & void by this act. under section 27 of Maternity Benefits Act 1961 " Effect of laws and agreements inconsisten
t with this Act.- (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this Act.
4) Failure of providing the such benefits by employer, its cognizable offense, penalty shall be attract as per section 22 "Penalty for contravention of Act by employer.- (1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or is charges or dismisses such woman during or on account of her absence from work in
accordance with the provisions of this Act, he shall be punishable with imprisonment which
shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees: Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contrave
ntion, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both: Provided that where the contravention is
of any provision regarding maternity benefit or regarding payment of any other amount
and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.
5) If still your employer is not providing the benefits under this act.& asking you to proof your eligibility then, ask them to first refer the act.& if in case, something wrong happen to your or your baby's life due to the same then, this all responsibility to come on your contractor & principle employer. Or tell them, that, your going file case to regional Labour commission.
Regards,
Tushar Swar
ACHRM, MBA-HR, D.L.L (Hons)