Creche facility provisions in the Maternity Benefit (Amendment) Act, 2017
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
STARRED QUESTION NO. 10
TO BE ANSWERED ON 17.07.2017
MATERNITY BENEFIT (AMENDMENT) ACT
*10. SHRIMATI POONAM MAHAJAN:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:
(a)whether the Government has issued guidelines for implementation of the Maternity Benefit (Amendment) Act, 2017;
(b)if so, the details thereof;
(c)whether the Government is anticipating decline in rate of labour force participation of female population in the country as the employers might adopt discriminatory hiring practices in order to prevent maternity benefits under the said Act of 2017; and
(d)if so, the action plan adopted/proposed to be adopted by the Government to prevent discriminatory hiring practices?
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)
(a) to (d): A statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF LOK SABHA STARRED QUESTION NO.10 FOR 17.07.2017 BY SHRIMATI POONAM MAHAJAN REGARDING MATERNITY BENEFIT (AMENDMENT) ACT.
(a) & (b): Section 28 of the Maternity Benefit Act,1961 empowers the appropriate Government to frame Rules for effective implementation of the Act. The Maternity Benefit (Mines and Circus) Rules,1963 are already in place to guide implementation of the said Act. Under the Maternity Benefit (Amendment) Act, 2017, and with regard to newly inserted provisions relating to crèche facility, the Ministry of Labour and Employment has issued an intention Notification on 18th May, 2017 calling for suggestions/ objections from stakeholders on the said Rules.
(c) & (d): No, Madam. The Government is of opinion that with enforcement of the Maternity Benefit (Amendment) Act, 2017, more and more women workers would be inclined to seek employment which will lead to increase in women labour participation rate. There are stringent provisions under the Maternity Benefit Act, 1961 as well as in the Equal Remuneration Act, 1974 for prevention of discriminatory practices against women work force.