 bill no xxxviii of 2007 the maternity benefit (amendment) bill, 2007 a billfurther to amend the maternity benefit act, 1961be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1  (1) this act may be called the maternity benefit (amendment)  act, 2007short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint53 of 19612  in the maternity benefit act, 1961, for section 8, the following section shall besubstituted, namely:—substitution of new section for section 8 payment of medical bonus"8 (1) every woman entitled to maternity benefit under this act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge(2) the central government may from time to time, by notification in the official gazette, increase the amount of medical bonus subject to the maximum of twenty thousand rupees" statement  of  objects   and  reasonsthe maternity benefit act, 1961 regulates the employment of women in factories, mines, the circus industry, plantations and shops or establishments employing 10 or more persons except the employees who are covered under the employees' state insurance (esi) for certain periods before and after child-birth and provides for maternity and other benefits2 with the gradual extension of coverage under the employees' state insurance act, 1948 (esi act) which also provides for maternity and certain other benefits, the area of application of the maternity benefit act, 1961 has shrunk to some extent the coverage under the esi act is, however, at present restricted to factories and certain other specified categories of establishments located in specified areas the act is, therefore, still applicable to women employees employed in establishments which are not covered by the esi act, as also to women employees, employed in establishments covered by the esi act, but who are out of its coverage because of the wage-limit3 under the maternity benefit act, 1961, women employees are entitled to maternity benefit at the rate of average daily wage for the period of their actual absence up to 12 weeks due to the delivery in cases of illness arising due to pregnancy, etc, they are entitled to additional leave with wages for a period of one month they are also entitled to six weeks maternity benefit in case of miscarriage the maternity benefit act, 1961 also makes certain other provisions to safeguard the interest of pregnant women workers4 section 8 of  the maternity benefit act, 1961 provides that every woman entitled to maternity benefit shall also be entitled to receive from her employer medical bonus of rs 250,  if no pre-natal confinement and post-natal care is provided for by the employer free of charge5 in the present economic scenario, it is felt that the medical bonus, which is presently rs 250/-, is inadequate therefore, it is proposed—(i) to raise the medical bonus payable under the maternity benefit act, 1961 from rs 250/- to rs 1000/-; and(ii) to give powers to the central government to revise medical bonus from time to time subject to a maximum of rs 20,000/- 6 the bill seeks to achieve the above objectsnew delhi;oscar  fernandesthe  1st may, 2007 financial  memorandumthe maternity benefit act, 1961 regulates the employment of women in factories, mines, the circus industry, plantations and shops or establishments employing 10 or more persons except the employees who are covered under the employees' state insurance (esi) for certain periods before and after child-birth and provides for maternity and other benefits2 section 8 of the maternity benefit act, 1961 provides that every woman entitled to maternity benefit shall also be entitled to receive from her employer medical bonus of rs 250 if no pre-natal confinement and post-natal care is provided for by the employer free of charge clause 2 of the bill seeks—(i) to raise the medical bonus payable under the maternity benefit act, 1961from rs 250 to rs 1000; and(ii) to give powers to the central government to revise medical bonus from time to time subject to a maximum of rs 20,000 the proposed provisions will ensure payment of medical bonus on comparatively higher rates than existing rates3 the above-mentioned proposals in their application to the women employed in factories, mines, the circus industry, plantations and shops or establishments will involve increased expenditure on employers by way of payment of medical bonus every woman entitled to maternity benefit shall also be entitled to receive from her employer the enhanced medical bonus, if no pre-natal confinement and post-natal care is provided for by the employer free of charge4 the bill does not involve any expenditure, whether recurring or non-recurring memorandum  regarding  delegated  legislationthe maternity benefit act, 1961 regulates the employment of women in factories, mines, the circus industry, plantations and shops or establishments employing 10 or more persons except the employees who are covered under the employees' state insurance for certain periods before and after child-birth and provides for maternity and other benefitssection 8 of the said act is being amended to enhance medical bonus from rs 250 to rs 1000 further, the central government is also being empowered to increase the said medical bonus from time to time, by notification in the official gazette, subject to the maximum of rs 20,000 the delegation of legislative power is of a normal character annexure extract from the maternity benefit act, 1961 (53 of 1961)payment of medical bonus8 every woman entitled to maternity benefit under this act shall also be entitled to receive from her employer a medical bonus of two hundred and fifty rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge———— a billfurther to amend the maternity benefit act, 1961————(shri oscar fernandes, minister of  state for labour and employment)mgipmrnd—2185rs(s5)—10-05-2007