Section 23 in West Bengal Shops and Establishments Rules, 1964
23. Maternity benefit.
(1)Subject to the provisions of these rules, every woman shall be entitled to, and the shop-keeper or the employer, as the case may be, employing her shall be liable for the payment of a sum of money for the benefit of such woman calculated at the rate of her average daily wages, for the period of her actual absence from work during the six weeks immediately preceding the day on which she is delivered of a child including that day and also for a period of six weeks immediately following that day.Explanation.For the purpose of this sub-rule, average daily wages of any woman 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, or one rupee a day, whichever is higher.(2)No woman shall be entitled to maternity benefit unless she has actually worked in the shop or the establishment concerned for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.Explanation.For the purpose of calculating under this sub-rule the days on which a woman has actually worked in the shop or establishment concerned, the days for which she has been laid off within the meaning of clause (kkk) of section 2 of the industrial Disputes Act, 1947 (14 of 1947), during the period of 12 months immediately preceding the date of her expected delivery shall be taken into account.(3)The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day on which she is delivered of a child and six weeks immediately following that day :Provided that where a woman dies during this period, the maternity benefit, shall be payable only for the days up to and including the day of her death :Provided further that where a woman, having been delivered of a child dies during delivery or during the period of six weeks immediately following the date of delivery, leaving behind in either case the child, the shop-keeper or the employer, as the case may be, shall be liable for maternity benefit for the entire period of six weeks immediately following the day of delivery but if the child also dies during the said period, for the days up to and including the day of the death of the child.
