Thursday, October 31, 2019

Academe plan Essay Example | Topics and Well Written Essays - 1000 words

Academe plan - Essay Example the MBTI (Myers-Briggs Type Indicator) serve to determine positions that are most suitable for an individual in various areas be it academic, leisure or professional activities. Using the results from these reports, one is able to identify areas where they have a higher chance of success. One of the issues that should be observed when dealing with the choice of a career path is the past influences that may play a part in the final decision. This could be because of the experience that an individual underwent in these times (whether positive or negative) and the overall effect that such experiences could have on a person’s mindset. There are a number of past influences that could be considered in this case such as the external factors that played a role in enhancing the level of attractiveness of a particular position as well as the resulting outcomes that fell into place at the end of that particular experience (Hooley, 2012). A combination of these influences could play a large role in the final decision that is made by an individual. In this case, in particular, some of the past influences that can be considered would be the careers that older individuals had around me as well as the smaller part time positions that were occupied on occasion during weekends and school holidays. Other past influences deal with the nature of the work that was available as well as the level of enjoyment that one was able to achieve from taking part in such activities. In this case, this would mostly deal with positions that were largely socially interactive of financially attractive in terms of remuneration, which had a positive impact on the level of enjoyment that was to be had at that particular point in time. There are a number of results that one can use to obtain the best possible career path that is available to them using the two reports. These results will be based on a number of elements that arise from the design of the Strong Interest Inventory and the MBTI. These

Tuesday, October 29, 2019

Anwar Sadat Assignment Example | Topics and Well Written Essays - 250 words

Anwar Sadat - Assignment Example   During his 11-year reign, he was responsible for the transformation of Egypt from the once retrogressive state to the now progressive state.   His achievements are well documented.Upon ascending to power, Sadat embarked on a corrective initiative that was meant to amend the supposed damage done by his predecessor.   The arrest of the secret police generals and the subsequent diluting of the secret police powers caused shock waves in Egypt. The expulsion of the Soviet Union military from Egypt and the transformation of the Egyptian military brought confidence amongst Egyptians on his determination to address the unchecked misuse of the military powers in the country (International Relations, 2015).In 1973, President Sadat led Egypt into the Yom Kippur War that helped in reclaiming Egypt’s land. During the Six Day War that his predecessor Nasser took part, the country was overwhelmed by the Israeli military that resulted in the country losing some of its lands. As presid ent, Sadat made the recapturing of Egypt’s land lost during the war his priority. As a result, Sinai Peninsula, which was captured by the Israeli army during the war, was returned to Egypt.   Later on, he engaged in finding a peaceful resolution between Egypt and Israel; an act that earned him a Nobel Prize Award. Even though the supposed treaty elicited negative reactions and resistance from the Arab world, it was successfully signed on 26th March 1979 in Washington D.C(Rubin, 2014).

Sunday, October 27, 2019

Hospital Management In Nepal Health And Social Care Essay

Hospital Management In Nepal Health And Social Care Essay There is no internationally accepted clear definition for hospital. There are several types of hospitals based on the facilities, equipments and services, i.e. district hospitals, provincial hospitals, speciality hospitals and referral hospitals, teaching University hospitals and other types of health care facilities. There is no international standard defining what should be the minimum services that each hospital should provide during a health crisis. Each country has to develop a national policy and technical guidelines to deal with a health crisis. Before defining the essential services, the ministry of health has to define the essential health services that the health sector will provide to the community to the community in order to identify what more specific services will be delivered by hospitals (WHO, 2009). Management is defined as the organization and coordination of the activities of an enterprise in accordance with certain policies and in achievement of defined objectives. Management is included as a factor of production along with machines, materials and money. Renowned guru of management Peter Drucker (19909-2005) has said that the basic task of management is two fold: marketing and innovation. Practice of modern management owes its origin to the 16th century enquiry into low efficiency and failures of certain enterprises, conducted by the English statesman Sir. Thomas Moore (1478-1535). As a discipline, management consists of the interlocking services of formulating corporate policy6 and organizing, planning, controlling and directing an organizations resources to achieve the policies objectives (Walden University, 2011).Hospital managenmnet.net suggests that Hospital Management provides a direct link between healthcare facilities and those supplying the services they need ( Hospi tal management.net 2011) . WHO in 2009 suggests understanding by hospital management as the effective and combined management of, the following factors:- (a) Acute care for emergency patients; (b) Out Patient Department (OPD) activities; (c) Investigation (laboratory; X-ray; other diagnostic elements); (d) Referral for primary health care (PHC); specialized consultations or services; (e) Contribution to public health programmes; (f) Part of health information system (surveillance system, including a EWS Component); (g) Public information and education; and (h) Preparedness for health crisis management. . Nepal is a landlocked country which is mostly covered by hills and mountains and it has a population of 25.8 million as estimated in 2006. It is in the south Asian continent, north to India and south to China. Its area is 147,181 sq. km (WHO, 2007). It has been facing several challenges to establish a functional health management system (Thapa, 2010). This essay deals with the challenges which Nepali health system is facing at present and suggests the possible ways for its improvement. Statement of the problem Nepals health system is in transition. Nepal is an underdeveloped country where the health indicators are very poor. The health service facility is not adequate to Nepali people. So the hospitals are (Dixit, 2005). Nepals hospital bed per ten thousand populations is 4.26 (2001/02), physician per ten thousand populations is 2 and Nurses per ten thousand population is also 2 as per the data of 2004 Similarly, Total Expenditure on Health (THE) as % of Gross Domestic Product (GDP) 5.3% and Public Expenditure on Health (PHE) as % of Total Expenditure on Health (THE) is 28 while Private Expenditure on Health (PvtHE) as % of Total Expenditure on Health (THE) 72(WHO, 2007). If it is compared with the other developing countries in the same region i.e. south east Asian region, the level of the problem may be perceived. Maldives, a small tiny country with population 298 thousand has Total Expenditure on Health (THE) as % of Gross Domestic Product (GDP) 6.2. Maldives Public Expenditure on Health (PHE) as % of Total Expenditure on Health (THE) is 89 as compared with 28 of Nepal. Private Expenditure on Health (PvtHE) as % of Total Expenditure on Health (THE) in Maldives is 11. It shows that the state has better involvement in Maldives than in Nepal. More over, the population per hospital bed is 381, which are 26.2 hospital beds per 10000 populations. Similarly, number of populations per physician 959 and nurses per 10000 populations are 33 (WHO, 2007). It clearly shows the scenario of health development of Nepal. As part of health, curative health services have a major role in providing quality health service to the people. Until the health care provider organizations are strong, the curative health service can not be delivered to the beneficiaries properly (Edelman and Mandle 2006). Hospitals are the key component of health care delivery system and they needs to be reformed to ensure a quality health care system (McKay and Healy, 2000).Unfortunately the hospitals in Nepal have very poor in quality management and they are not able to deliver quality health services to the people (Dixit, 2005). To address the needs and requirement of the hospital, the government of Nepal ( GON), Ministry of Health and Population ( MOHP) has published The guideline on the establishment, Operation policy and standard and infrastructure for Private and Public Health Hospitals in 2004 ( MOHP,2004). But it is still lacking in the formulation of the standard for the hospitals run by the government (Dixit, 2005). However, the policy published by the MOHP tries to clarify on the basic parameters of the infrastructures required for the hospitals which may be applied for the general hospitals as well. But the document does not speak about the application in the government run hospitals (MOHP, 2004). That is why; there is a lack of clear cut guideline for the management of hospital. Nepals health sector is facing a challenge regarding the management (Dixit, 2005). As part of whole system of health in the country, management of the hospitals is also a challenge. 1.2 Summary of the problem Nepal has set a target to achieve the millennium Development goals by 2015. It has to meet the target in all health indicators. Goal no 3 and 4 are c loosely related with health and as part of curative health, hospital and hospital management have crucial role in health promotion. In Nepalese context, hospital management skill and concept of hospital management is still beyond the priority of the government and the government still does not have any policy guidelines over the hospital management sector (Dixit, 2005). People skill is a key asset for the development of key management styles. Dealing the people is a professional skill in itself. Being able to see from the perspective of others is essential, and caring for their welfare is also of prime importance. There are many high-profile examples of how to develop a successful management style. Managers like Bill Gates and Warren Buffett have famously developed their own distinctive management style from which others can learn. However, the fact that the two examples are very different management styles shows that there is no single route to success (Bono and Hellers, 2009). But unfortunately, there are no clear guidelines or policy found in the government documents. The recent document on the guideline on the requirement of a hospital, government does not speak about the hospital management, its skill development and transfer for the improvement of a hospital (MOHP, 2004). Lack of professional skill in the person responsible to manage the hospitals has created a problem in hospital management. The government run or supervised hospitals still do not have positions for the hospitals. MOHP in its policy document has not mentioned anything about the hospital managers (MOHP, 2004). However, the private hospitals have started hiring them which is still out of the government policy (Thapa, 2010). Nepal is a underdeveloped country where the literacy rate is only 62.7% for male and 34.9% for female as per the report of census 2001 (CBS, 2001). It means still 64.1% women are out of literacy coverage. Nepal has poor health facilities all over the country except in capital Kathmandu and other urban areas. Most of the doctors are not willing to go to the rural areas hospitals and they are often running without (qualified) doctors (Dixit, 2005). In conclusion, the poor socio-economic conditions, hard geographical conditions and lack of awareness of the people and traditional beliefs and superstitions, lack of will in the political parties and their leaders are the main burning issues for the improvement of health sector in Nepal (Chaulagain, 2004). These all are problems associated with the hospitals and ultimately with their management. The factors associated to hospital management are still not uncovered in Nepal (Thapa, 2010). So, it Purpose of the study As mentioned above, it has been obvious that Nepal is facing the problems to strengthen the management of the health sector. The documents are not found to have been lacking regarding the strategies and policies on the health management. So, the essay aims to identify the hindering factors affecting the hospital management in Nepal. It will study the existing policies and strategies of the government of Nepal on hospital management, international principles, theories and practices on hospital management and identify the factors which are affecting the betterment for hospital management sector of Nepal. So, the purpose of the study is to identify the current issues that hinder the hospital management in the case of Nepal and suggest the concerning authorities about improving the management system, formulating the policies and implementing them. It will analyse the strength and limitations of the hospital management system in Nepal and help all the concerned to mitigate and minimize them. Main research question The study can not answer all questions that come on surface while studying about the issue. So, to narrow down the study area and sharpen the focus, the study has defined the main study questions as follows:- What are the hindering factors that effect the hospital management in Nepal? Subsidiary Questions To supplement the main research question, these questions are defined as subsidiary questions as follows:- What are the existing strong aspects of the hospital management in Nepal? What are the limiting factors in hospital management in Nepal? How is the existing hospital management system in Nepal? What is the appropriate modality or best practices of hospital management that are applied in the world by other countries and What are the factors that are hindering the in the betterment in the hospital management in Nepal? Hypothesis Lindsen and Jong (2005) have defined hypothesis as an alternative explanation of residual switch trial costs or, more precisely, of the empirical finding that the repetition trial (RT) distribution for switch trials with a long preparation intervals can be modelled as a mixture of the RT distributions for repetition trials and for switch trials with a short preparation interval (Lindsen and Jong, 2010). In here, the hypothesis tries to establish an alternative factor that might be supposed to be the commonest hindering factor for the management of hospitals in Nepal. The hypothesis taken here is the lack of professionalization of hospital managers or the person who are involved in the management of either government run or private or community run hospitals in Nepal. It will be verified by the study afterwards in here. Significance of Study As mentioned above there are no special policies and practices established for hospital management in Nepal. The hospitals are managed by the medical doctors or surgeons so far (MOHP, 2004). The doctors are not entitled to diagnose the patients, treat them, run medical and surgical and public health cams campaigns in the hospitals or in the periphery of the hospitals. The Medical council is liable to assign the job responsibilities of the doctors in the case of Nepal. But it has not mentioned about the management part of the hospital and its regulation, Nepal Medical Council Act, 1964 (amended in 2001).It does not speak who is responsible for that (Nepal Medical Council, NMC, 2001). There is no one professionally responsible for the hospital management in the present context. In the country where the government policy about the medical sector does not speak about the role of hospital management, it becomes obvious that the hospital management sector is not running smoothly. No presen ce of the monitoring body to supervise and evaluate the hospital management is found in the present documents whether published by the government or private organizations. So, the studies significance is in establishing the fact what is the main barrier and other minor barriers in the hospital management of Nepal. That is why this study is has an important significance.

Friday, October 25, 2019

Billy Pilgrim as a Christ Figure in Kurt Vonnegut Jr.s Slaughterhouse

Billy Pilgrim as a Christ Figure in Kurt Vonnegut Jr.'s Slaughterhouse Five After reading the novel, Slaughterhouse Five, written by Kurt Vonnegut Jr., I found my self in a sense of blankness. The question I had to ask myself was, "Poo-tee-weet?"(Vonnegut p. 215). Yet, the answer to my question, according to Vonnegut was, "So it goes"(Vonnegut p.214). This in fact would be the root of my problems in trying to grasp the character of Billy Pilgrim and the life, in which he leads throughout the novel. The pilgrimage that Billy ventures upon is one of mass confusion, running with insanity, finally followed by sanctuary, if layed out in a proper time order sequence. Billy is a victim, prophet, survivor, as well as a firm example of innocence and inspiration. The answer man in a society searching for answers. He is the new prophet. Yet, can Billy pilgrim be compared to the, "Savior", Himself? Is Billy molded after Christ? Aren't we all prophets, if we are children of God? Is Billy a living testament of a new religion? These are the questions that need to be examin ed in order to fully understand the essence behind the character of Billy Pilgrim. The first area that should be examined is the aspect of the pursuit of the acquired knowledge of being. Billy, who believes in the concept of destiny, without the use of free will, received this lesson from the aliens on Tralfamadorian. Meanwhile, Jesus Christ gained his views supposedly from the creator Himself, by being the Son of the God. Yet, the creator who controls all of life and knows all is extremely comparable to the citizens of Tralfamadorian. These four dimensional beings can see time from beginning to end in any particular order and play a godlike role in existing by seein... ... Billy was to keep the time sequence of the universe in stable order. God touched the two men; Jesus led by the Creator, while Billy was a follower of science and time. Which god is the true God and from that which man is the Christ? Vonnegut's Christ is of the modern gospel and is a very convincing prophet. The idea is debatable either way and shall be argued for quite sometime. Works Cited Martin, Robert A. "Slaughterhouse-Five: Vonnegut's Domed Universe". Carrollton: Notes on Contemporary Literature, 1987 March, 17:2, p.5-8. Mustazza, Leonard. Forever Pursuing Genesis: The Myth of Eden in the Novels of Kurt Vonnegut. Toronto: Bucknell University Press, 1990. p. 102-115. New Testament of Our Lord and Saviour Jesus Christ. Nashville: National Publishing Company, 1968. Vonnegut, Kurt Jr. Slaughterhouse-Five. New York: Dell Publishing Co. 1982.

Thursday, October 24, 2019

Discuss empirically validated therapy in which specific therapies are effective for the certain mental disorder

Empirically-validated therapies are forms of treatment that are strongly backed by scientific data obtained from various observations, studies, or experimentation. The hypothesis obtained is testable using experimentation or observations. An empirical result is obtained is an experimental observation (such as a clinical trial). Usually it has been seen that practitioners do not follow empirically-validated data and instead would go by their clinical experience.The clinical scientist on the other hand would be concentrating hugely on empirically-validated therapies. In the field of psychiatry, empirically-validated therapies play a very major role. In the last few years, the concentration of mental care has shifted hugely from well-established therapies which are routinely utilized to 'empirically-supported therapies'. It has not only proved to be effective in the treatment of various mental disorders, but has also reduced the costs and has proved to be very useful in managed care set tings.State, local and federal bodies that fund healthcare are now paying greater amount of importance to empirically-validated therapies. In future, the psychiatric practitioner would be concentrating to a very great extent on empirically-validated therapies. In case of medico-legal issues, a practitioner could be held liable for malpractice if he/she holds up an empirically-validated treatment and goes in for a standard treatment process that has been utilized since several years.Accreditations organizations could also be considering using the extent to which a hospital would be using empirically-validated treatment in the patients. The APA is also considering imposing stricter sanctions for not implementing empirically-validated treatment in mental healthcare (Guimon, 2007 & Levant, 2008). Use of Empirically-validated therapy in the treatment of Borderline Personality disorder –Antidepressants and psychotherapyOne of the classical examples of Empirically-supported treatmen t has been in the case of patients suffering from borderline personality disorders (BPD). Such a patient would be affected with several symptoms including impulsiveness, hostility, self-destructive behavior, anger outbursts, projective identification, poor interpersonal relationships, long-standing fears, intolerance, mood swings, suicidal behavior, presence of comorbid disorders, etc. Such an individual may give a history of child abuse, child neglect, presence of other psychological or neurological disorders, etc.The exact cause of the disorders is not known but several factors including biological factors, genetic factors, neurochemical factors, environmental factors, etc, would be playing a major role in the development of the disorder. Borderline personality disorder may be early response mechanisms to sexual and aggressive drives (Guimon, 2007). Traditionally, no specific treatment has been available as a cure for BPD, but only management of the symptoms. Psychotherapy along w ith short term administration of medications has been traditionally been utilized.The medications utilized can only treat the symptoms of anxiety, depression and aggressiveness and cannot be utilized to treat BPD per se. Non-clinical studies have demonstrated that SSRI antidepressants, narcoleptics and mood stabilizers can help only to a certain extent in the treatment of BPD. Hospitalization may be required to treat patients with the risk of suicide or causing danger to others. Some psychiatrists may feel that hospitalization of the patient is required only for medico-legal issues.However, empirically-performed data have shown that chronic suicidal thoughts may be an expression of depression and distress and can be effectively managed through ambulatory settings. Several antidepressants, whose effect on BPD was not known before, have proved to be beneficial through empirically-validated studies. Binks et al (2007) conducted a study to determine the efficacy of several agents utiliz ed in the treatment of BPD. He found that among the antidepressants – Fluoxetine was ideal in comparison to a placebo utilized in the treatment of depression.There were not much difference between MAOIs and placebos in the treatment of BPD, and between MAOIs and antipsychotics. Antipsychotics helped only to a certain extent to reduce some mental states (Binks, 2007, & Guimon, 2007). Perry et al (1999) had conducted a comprehensive study to determine the effectiveness of several psychotherapeutic approaches in the treatment of BPD. Some of them included Interpersonal therapy, CBT and supportive psychotherapy. All forms of psychotherapy seemed to be effective in the treatment of BPD, with about one-fourth of the patients recovering every year.This rate was seven times higher than anticipated. During the early phases of treatment, psychodynamic therapy seemed to be effective, helping to build good alliances with the patient. Group therapy is today being effective in outpatient s ettings. In cognitive behavior therapy, greater emphasis is laid upon the application of one’s skill and knowledge in more fruitful outcomes. Psychoanalytical approaches are increasing being utilized to improve the strength of the ego and to experience reality more appropriately.DBT (through a Cochrane review conducted in 2007 – CA Binks et al), had been compared with other forms of treatment. Not many differences were found between DBT and other forms of treatment, but there was a reduction in parasuicidal behaviors and the general psychiatric severity. Hence today, Evidence-based drug or psychotherapeutic approaches seem to be efficient and safe in people suffering from BPD. More studies in the field of BPD need to be conducted to determine the presence of more effective and safer treatment modes (Binks, 2007, Perry, 1999 & Guimon, 2007).Use of Empirically-validated therapy in the treatment of Depression – Psychotherapy (A comparison between the traditionally utilized drugs and empirically-validated psychotherapy) Another field in which a lot of evidenced-based studies are being conducted is in the field of depression. This is soon going to be considered the second most commonest of debility and distress across the globe. In the US, more than 50 billion dollars is being spent annually in the diagnosis and treatment of depression. The loss in terms of inability to function appropriately at the workplace is much higher.Many cases of depression go untreated in the US. In the past, antidepressants have been utilized as the standard in the treatment across the US. Physicians, hospitals and insurance agencies in the US stress on the use of antidepressants in the treatment of depression. However, research today has demonstrated that there are much more effective and safer alternative treatments for depression. Drugs may be useful, but cannot be considered as the only treatment for the condition. Empirically-validated therapies can be considered as conventional, supplemental as well as alternative forms of treatments in the management of depression.Empirically-validated treatments to be utilized in the treatment of depression may be costly in the short-run, but beneficial in the long-run as they aim to relieve the symptoms and not change the character of the patient. As they would be utilized for short periods of time, the patient is encouraged to make modifications in the lifestyle. One of the important treatment modalities in the management of depression has been psychotherapy. Several modes under psychotherapy such as cognitive therapy, interpersonal therapy, behavioral therapy, etc, seem to be more effective in the treatment of depression compared to before.They have several advantages when compared to drugs. Antidepressants tend to relieve the motor symptoms of depression before the mood, whereas psychotherapy tends to improve mood before the motor symptoms. Through psychotherapy several issues such as difficulties at the workplace or home, problematic interpersonal relationships, social withdrawals, etc, can be more effectively managed compared to drugs which tend to reduce some of the physical and neurovegetative symptoms. Traumatic life events that are the root cause of depression can be more effectively managed through psychotherapy rather than medications.Psychotherapy is not only needed in the acute stages of depression, but also in the long-term, as a maintenance therapy. Cases of relapse and recurrences are found to be lower when psychotherapy has been administered. Studies have also demonstrated that combination therapy (short-term administration of medication along with long-term psychotherapy) has been very effective in the treatment of depression. Studies have shown that psychotherapy when administered alone or in combination with medication is more affective than when medication is being administered alone.Several depressive symptoms, absenteeism and disability in functioning are si gnificantly relieved following psychotherapy. Psychotherapy would help to correct the root causes of depression such as stressful work atmospheres, traumatic interpersonal relationships, fears, etc. Today, empirically-validated forms of psychotherapy can be utilized to a greater extent if they are given a go-ahead by the insurance companies and employers. In the past, these forms of treatment have been considered to be ineffective and costly.Studies have even demonstrated that patients, who suffer from depression under low lights, could benefit from phototherapy. Only some patients in the experimental group have benefitted from this treatment. Current studies have demonstrated that transcranial magnetic stimulation could be utilized as an effective alternative to ECT. But today, through evidenced-based studies more and more benefits of psychotherapy are being understood (Vaisle, 2001, Moore, 2004 & Markowitz, 2008). Use of Empirically-validated therapy in the treatment of Obsessive Compulsive Disorder –Clomipramine and SSRI’s antidepressantsObsessive Compulsive Disorder (OCD) is an anxiety disorder in which obsessions (persistent thought and ideas) and compulsions (strange and repetitive behavior) develop. Earlier it was thought that the disorder had a very poor outcome as there was a lack of studies conducted in this area. However, today a lot of experimentations have been conducted with psychotherapy and medications utilized to treat the disorder. About one-third to half the number of patients affected with the disorder are children.The outcome of OCD is especially poor if found in association with a personality disorder. However, compared to other psychiatric disorders, the response of OCD is low to both medications and psychotherapy. Several antidepressant substances seem to be effective in treating the symptoms of OCD. One of them is Clomipramine which has through a European study found to lower obsessions. In another study, several symptoms such as anxiety, social isolation, depression, etc, were reduced when clomipramine was combined with psychotherapy.Lower doses of clomipramine were useful in treating the obsessions, but the ritualistic continued to be present. Several studies have shown that clomipramine as very useful in OCD. In another study, SSRI’s were found to be very useful in treating OCD in children. However, these drugs need to be administered in higher doses. In adults, SSRI’s seem to be not very effective in treating OCD. Overall very few drugs have been tested in the past for the treatment of OCD, and this has to change in the future (Herbert, 2001 & Goetz, 2007). Conclusion and Personal OpinionToday, practitioners should get more and more into following the empirically-validated forms of treatment in another disease, rather than the traditional model. In the past, doctors were only going by experience of what drug or therapy would be ideal to treat a particular condition. Standard forms of treatment may seem to be safe but outdated, and the patient would not be gaining the benefits of updated research work conducted in the medical field. However, today medicine is fast-paced and newer and more and more advanced forms of treatment is coming out, that also seems to be very much effective than the drugs compared to yesterday.If the practitioners use the traditional model in treating the patients, then the treatment is not going to be effective and safe. Hence, it would be ideal for the psychiatrist to use the evidenced-based findings in their practice. Through several clinical trials conducted on certain mental disorders including BPD, depression and OCD, it has been found that certain pharmacological and psychotherapeutic interventions have proved to be very effective. Further trials are required to help ensure that more effective and safer therapies are understood and made available to the patients.If the clinical scientists are unable to find efficient use of a par ticular drug or psychotherapy method on the patient, it does not mean that it is ineffective for use, but rhater means further structured trials need to be conducted which would help to understand the drug better. Evidence-based and ‘empirically-validated’ are new movements that have arisen in the medical and psychiatric world today. These movements have also considered ethical, legal, moral and social implications.

Wednesday, October 23, 2019

The Maternity Benefits Act

THE MATERNITY BENEFITS ACT, 1961 BY SUSHMA SUDHINDRA 1. OBJECTIVE To regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. To provide healthy maintenance of pregnant women employee and her child 2. APPLICABILITY Every factory, mine or plantation(including those belonging to Government) To every shop or establishment wherein 10 or more persons are employed 3. TERMS OF EMPLOYMENT No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. No woman shall work in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. The period referred to in sub-section (3) shall be – (a) at the period of 1 month immediately preceding the period of 6 weeks, before the date of her expected delivery; (b) any period during the said period of 6 weeks for which the pregnant woman does not avail of leave of absence. 4. PAYMENT OF THE MATERNITY BENEFITS 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 i. . immediately preceding and including the day of her delivery and any period following that day. 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 3 calendar months immediately preceding the date from which she absents herself on account of maternity, [the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest]. PAYMENT OF THE MATERNITY BENEFITS No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 80 days in the 12 months immediately preceding the date of her expected delivery provided that the qualifying period of 80 days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration. For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of 12 months immediately preceding the date of her expected delivery shall be taken into account. PAYMENT OF THE MATERNITY BENEFITS The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery 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 her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child. 5. CONDITIONS FOR CLAIMING BENEFITS Must actually work for 80 days in 12 months immediately preceding her date of Delivery. Should intimate the employer 7 weeks before her delivery date about the leave period. Can take advance payment for 6 week leave before delivery Can take payment for 6 week leave after child birth within 48 hours after submitting the proof. 6. PAYMENT IN CASE OF DEATH OF THE WOMAN If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit , the employer shall pay such benefit or amount to the person nominated by the woman in the notice given and in case there is no such nominee, to her legal representative. 7. PAYMENT OF MEDICAL BONUS Every woman entitled to maternity benefit under this act shall also be entitled to receive from her employer a medical bonus of 25 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. 8. LEAVE FOR MISCARRIAGE In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of 6 weeks immediately following the day of her miscarriage. 9. LEAVE FOR ILLNESS ARISING OUT OF PREGNANCY, DELIVERY, PREMATURE BIRTH OF CHILD, OR MISCARRIAGE A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of 1 month. 10. NURSING BREAKS Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work 2 breaks of the prescribed duration for nursing the child until the child attains the age of 15 months. 11. DISMISSAL DURING ABSENSE OR PREGNANCY (1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. 2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Pro vided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. (b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final. (c) Nothing contained in this sub-section shall affect the provisions contained in subsection(1). 12. NO DEDUCTION OF WAGES IN CERTAIN CASES No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of – (a) the nature of work assigned to her by virtue of the provisions contained in subsection (3) of section 4 : or (b) breaks for nursing the child allowed to her under the provisions of section 11. 13. APPOINTMENT OF INSPECTORS The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to by Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their function under this Act. 14. POWERS AND DUTIES OF INSPECTORS An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely: (a) enter at all reasonable times with such assistants, if any, being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where women are employed or work is given to them in an establishment, for the purposes or examining any registers, records and notices required to be kept or exhibited by or under this Act and require their production for inspection; (b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment: Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself: (c) require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received from them under this Act; and (d) take copies of any registers and records or notices or any portions thereof. 15. POWER OF INSPECTOR TO DIRECT PAYMENTS TO BE MADE (1) Any woman claiming that 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, may make a complaint to the inspector. 2) The Inspector may, of his own motion or on receipt of a complaint referred to in subsection (1), make an enquiry or cause an inquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders. (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 person, 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 In spector where no such appeal has been preferred, shall be final. 5) Any amount payable under these sections shall be recoverable as an arrear of lane revenue. 16. FORFEITURE OF MATERNITY BENEFIT If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, he shall forfeit her claim to the maternity benefit for such period. 17. ABSTRACTS OF ACT AND RULES THERE UNDER TO BE EXHIBITED An abstract of the provisions of this Act and the rules made there under in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed. 18. REGISTERS, ETC. Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed. 19. PENALTY FOR CONTRAVENTION OF ACT BY EMPLOYERS If any employer contravenes the provisions of this Act or the rules made there under he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall in addition recover such maternity benefit or amount as if it were a fine, and pay the same to the person entitled thereto. 20. PENALTY FOR OBSTRUCTING INSPECTOR Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance of this Act or the rules made there under or conceals or prevents any person from appearing before or being examined by an Inspector, shall be punishable with imprisonment which may extend to 3 months, or with fine which may extend to 500 rupees or with both. 21. PROTECTION OF ACTION TAKEN IN GOOD FAITH No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made there under. 22. POWER OF CENTRAL GOVERNMENT TO GIVE DIRECTIONS The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution the provisions of this Act and the State Government shall comply with such directions. 23. EFFECT OF LAWS AND AGREEMENTS INCONSISTENT WITH THIS ACT (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefit in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter, which are more favourable to her than those to which she would be en titled under this Act. QUESTIONS Thank You!!!