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Section 17 Maternity Benefit Act 1961: Power of Inspector to direct payments to be made

Section 17 (Power of Inspector to direct payments to be made) of the Maternity Benefit Act 1961 —

❝(1) Any woman claiming that—

 (a) maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld;

 (b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this Act,

may make a complaint to the Inspector.

(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that—

 (a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders;

 (b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may pass such orders as are just and proper according to the circumstances of the case.

(3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such persons, appeal to the prescribed authority.

(4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspector where no such appeal has been preferred, shall be final.

(5) Any amount payable under this section shall be recoverable by the Collector on a certificate issued for that amount by the Inspector as an arrear of land revenue.❞



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Notes:

The Maternity Benefit Act, 1961 (No. 53 of 1961) was amended by:
- the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (No. 51 of 1970) (w.e.f. 01-Sep-1971);
- the Maternity Benefit (Amendment) Act, 1972 (No. 21 of 1972) (w.e.f. 01-Jun-1972);
- the Maternity Benefit (Amendment) Act, 1973 (No. 52 of 1973) (w.e.f. 01-Mar-1975);
- the Maternity Benefit (Amendment) Act, 1976 (No. 53 of 1976) (w.e.f. 01-May-1976);
- the Maternity Benefit (Amendment) Act, 1988 (No. 61 of 1988) (w.e.f. 10-Jan-1989);
- the Maternity Benefit (Amendment) Act, 1995 (No. 29 of 1995) (w.e.f. 01-Feb-1996);
- the Maternity Benefit (Amendment) Act, 2008 (No. 15 of 2008) (w.e.f. 15-Apr-2008);
- the Maternity Benefit (Amendment) Act, 2017 (No. 06 of 2017) (w.e.f. 01-Apr-2017).

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