5. Right to payment of maternity benefit.- 1*[(1) Subject to the
provisions of this Act, every woman shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit at the
rate of the average daily wage for the period of her actual absence,
that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately
following that day.]
6.
Notice of claim for maternity benefit and payment thereof.
6. Notice of claim for maternity benefit and payment thereof.- (1)
Any woman employed in an establishment and entitled to maternity
benefit under the provisions of this Act may give notice in writing in
such form as may be prescribed, to her employer, stating that her
maternity benefit and any other amount to which she may be entitled
under this Act may be paid to her or to such person as she may
nominate in the notice and that she will not work in any establishment
during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall
state the date from which she will be absent from work, not being a
date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant
may give such notice as soon as possible after the delivery.
Explanation.--For the purpose of this sub-section, the average
daily wage means the average of the woman's wages payable to her for
the days on which she has worked during the period of three calendar
months immediately preceding the date from which she absents herself
on account of maternity, 1*[the minimum rate of wage fixed or revised
under the Minimum Wages Act, 1948 or ten rupees, whichever is the highest
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