Act, 1961: 263

The Maternity Benefit

Definitions ofactual absence

compensationfor the period
Section 3(h) "Maternitybenefit" comprises of pregnancy. It is payable to woman employeethe
at
to her wages as specifiedfor
of awoman employee due daily wages or the minimum
the rate of the average immediately preceding th¹
that is to say, the period
period of her actual absence, day of her delivery and any period immediately
day of her delivery, the actual
following that day. termination of pregnancy
of pregnancy" means the
Section 3(ha) "Medical termination the Medical Termination of Pregnancy Act.
of
THE MATERNITY BENEFIT ÁCT, 1961 permissible under the provisions
1971.
of apregnant uterus at any period
Section 3G) "Miscarriage" means expulsion of the contents
pregnancy but does not include any
twenty-sixth week of
STRUCTURE prior to or during the Indian Penal Code.
miscarriage, the causing of which is punishable under the
ObjeolivE Applicabiity DefntonsAdministration Employment in cash to a woman, if the terms
benetS Glaim Section 2(n) "Wages" means allremuneration paid or payable
and ProhnbittonofWomen Right to DaymentofntaterRy
dutingabsence0r contract of employment, express or implied, were fulfilled and includes
foranateniiv benelit Medicalhönus Dismissald of the
allowance and house rent allowance)
pregnants Forerture ot maternibenehtoSmma (1) such cash allowances (including dearness
as a woman for the time being entitled to;
(2) incentive bonus: and
Objectives
dignity of motherhood by (3) the money value of the concessional supply of foodgrains and
other articles,
The object of the maternity Benefit Act, 1961 is to protect thewhen she is not working. It
her child
providing for the full and healthy maintenance ofwomen and establishments for certain periods but does not include -
at regulation of employment of womenemployees in
certain
aims other benefits. Some State Acts (i) any bonus other than incentive bonus;
before and after childbirth and provision of maternityand certain bonus, provisions ofcreches,
also provide for additional benefits such as free medical aid, maternity (1) overtime earnings and any deduction or payment made on account of fines;
additional rest intervals, etc. (i) any contribution paid or payable by the employer to any pension fund or
provident fund or for the benefit of the woman under any law for the time
Applicability being in force; and
establishment, factory, mine or
The Act extends to the whole of India and applies to every
plantation, including any such establishment belonging to the government and to every establishment (iv) any gratuity payable on the termination of service.
acrobatic and other performances
wherein persons are employed for the exhibition of equestrian, Administration
employed. The Act was brought
and to every shop/establishment wherein ten or more persons are Mines Maternity The administration of the Act in allthe States is the responsibility of the factory inspectorate.
into force in mines, with effect from Ist November 1963, after repealing the
of the Act to any So far as the coal mines are concerned, the Coal Mines Welfare Commissioner is responsible for
Benefit Act, 1941. The State government may extend all or any of the provisions
agricultural or otherwise.
other establishment or class of establishments, industrial, commercial, the adminisíration of theAct. The Director-General of Mines Safety administers the Act in mines
giving not
But the State govermment can do so with the approval of the Central government after other than coal mines. The rules framed under the Central and State enactments require the
employers
do so. The
less than two months' notice, by a notification in the Official Gazette, of its intentions to to furnish to the administering authorities annual returns, showing the
number ofwomen workers
Act specifically excludes the applicability of the provisions of the Act to any factory or other covered, number of claims made, the amount paid, etc., during the year. The
information contained
establishments to vhich provisions of the Employees' State Insurance Act, I948, apply for the in these returns is analysed and published by State
time being. The Act was amended on March 1, 1976 to extend the benefit toall women employees working of the Act.
Governments in their annual reports on the
earning more than the wage ceiling in establishment covered by the E.S.I. Act.
264: Human Relations Legislations
The Maternity Benefit Act, 1961 :265
Employment of, or work by, women prohibited during certain period [Sec.4) 3. Any woman who has not given the
notice when she was pregnant may give such notice as
No employer should knowingly employ a woman during the period of6 weeks immediately soon as possible after the delivery.
following the day ofher delivery or miscarriage or medical termination of pregnancy. Besides, no 4. On receipt of the notice, the
employer shall permit such woman to absent herself from the
woman should work in any establishment during the said period of 6 weeks. Further, the employer establishment during the period for which she receives the maternity benefit.
should not require a pregnant woman employee to do an arduous work involving long hours of 5. The amount of maternity benefit for the period
standing or any work which is likely to interfere with her pregnancy or cause miscarriage or shallbe paid in advançe by the employer to the preceding the date of her expected delivery
adversely affect her health, during the period of 1month preceding the period of 6 weeks before be prescribed that the woman is pregnant, and woman on production of such proof as may
the amount due for the subsequent period
the date of her expected delivery or any period during the said period of 6 weeks for which she shallbe paid by the employer to the woman within forty-eight
does not avail of the leave under Section 6 of the Act. proof as may be prescribed that the woman has been deliveredhours of production of such
of a child.
Right topayment of maternity benefits [Sec. 5] 6. The failure to give notice under this
section shall not disentitle a woman to maternity
benefit or any other amount under this Act if she is otherwise
The maternity benefit is payable to a wonan worker at the rate of average daily wages for amount and in any such case an Inspector may either ofhis entitled to such benefit or
the period of her actual absence, during the benefit period. No woman shall be entitled tomaternity made to him by the woman, order the own motion or on an application
benefit unless she has actually worked in an establishment ofthe employer from whom she claims payment of such benefit or amount within such
perigd as may be specified in the order.
maternity benefit, for aperiodof not less than eighty days in the twelve months immediately Payment of maternity benefit in case of death of a woman (Sec. 7]
preceding the date of her expected delivery. But the qualifying period of eighty days aforesaid
shall not apply to awoman who has immigrated into the State of Assam and was pregnant at the If a woman entitled to maternity benefit or
any
time of the immigration. The maximum period for which any woman shall be entitled to maternity reeeiving such maternity benefit or amount, or where theother amount under this Act, dies before
benefit shall be twelve weeks of which not more than six weeks shall precede the date of her the employer shall pay such benefit or employer is liable for maternity benefit,
expected delivery. If awoman dies during the benefit period, the benefit is payable given under Section 6and in case thereamount to the person nominated by the woman in the
is no such nominee, to her legal notice
() up to and including the day of her death, in case she dies without delivering a child; Payment of medical bonus (Sec. 8] representative.
(ii) for the entire period, in case she dies after delivering the child; or
Every woman entitled to
(ii) up to and including the day of child's death, in case the child also dies during that period. bonus ofRs. 2500/-, if no pre-natalmaternity benefit under this Act shallalso be allowed a medical
'Average daily wages' means average of the wages payable to the woman employee for free of charge. confinement and post-natal care is provided for by the employer
the days on which she has worked during the period of 3 calendar months immediately preceding
the date from which she absent herself on account of maternity, the minimum rate of wages fixed Leave for miscarriage etc. (sec. 9]
or revised under the Minimum Wages Act whichever is the highest. In case of miscarriage or
of the prescribed proof, medical termination of pregnancy, a woman shall, on
Notice of claim for maternity benefit and payment thereof [Sec. 6] be entitled to
of6 weeks immediately following the leave with wages at the rate of maternity production
day of her miscarriage or medical benefit, for a period
1. Any woman employed in an establishment and entitled to maternity benefit under the Leave for tubectomy operation [Sec. 9A] termination pregnancy.
of
provisions of this Act may give notice in writing in such form as may be prescribed, to her In case of tubetomy
employer, stating that her maternity benefit and any other amount to which she may be operation, a woman shall, on production of prescribed
entitled to leave with wages at the
entitled under this Act may be paid to her or to such person as she may nominate in the rate of maternity benefit for a period of proof, be
following the day of her tubectomy operation. two weeks immediately
notice and thai she will not work in any establishment during the period for which she Leave for illness arising out of
miscarriage, inedicaltermination orpregnancy,
receives maternity benefit. delivery,
2. In the case of a woman who is pregnant, such notice shall state the date from which she
Awoman suffering from tubectomy (Sec. 10] premature birth of child,
will be absent fromn work, not being a date earlier than six weeks from the date of her illness arising out of pregnancy, delivery,
expected delivery. [miscarriage, medical premature birth of child
Such proof as may be termination beof pregnancy or tubectomy operation] shali, on production of
prescribed, entitled, in addition to the period of
absence ailowed to her
266: Human Relations Legislations The Maternity Benefit Act, 1961 :26

to which she would be entitled under this Act, the woman shall continue to be entitled to the mor
under Section 6, or as the case may be, under Section 9, to leave with wages at the rate o favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefit
maternity benefit for a maximum periodof one month. inrespect of other matters under this Act, Nothing contained in this Act shall be construed t
Nursing breaks (Sec. 11] preclude a woman from entering into an agreement with her employer for granting her rights o
Every woman delivered of achild who returns to duty after such delivery shall, in
addition privileges in respect of anymatter which are more favourable to her than those to which she woul
allowed in the course of her daily work two breaks of the be entitled under this Act.
to the interval of rest allowed to her, be
prescribed duration for nursing the child until the childattains the age of 15 months.
Dismissal during absence or pregnancy Sec. 12]
Summary
" Applicability of the act
When a woman absents herself from work in accordance with the provisions of this Act, it
of such absence
shall be unlawful for her employer to discharge or dismiss her during or on account Extends to whole of India.
will expire during such
or to give notice of discharge or dismissal on such a day that the notice
service.
" Object of the Act
absence, or to vary to her disadvantage any of the conditions of her To protect the dignity of motherhood and the dignity of a new person's birth by providi
shall not have the
The discharge or dismissal of a woman at any time during her pregnancy for the full and healthy maintenance of thewoman and her child at this important time when she
effect of depriving her of the maternity benefit or medical bonus: not working.
Provided that where the dismissal is for any prescribed gross misconduct, the employer " Coverage of the Act
maternity benefit or
may, by order in writing communicated to the woman, deprive her of the Upon all women employees either employed directly or through contractor except domes
medical bonus or both.
women employees employed in mines, factories, plantations and also in other establishment:
Any woman deprived. of maternity benefit or medical bonus, or both, or discharged or
provisions of this the State Government so decides. Therefore, if the State Government decides to apply this Ac
dismissed during or on account of herabsence from work in accordance with the women employees in shops and commercial establishments, they also will get the benefit of t
or discharge or
Act, may, within sixty days from the date on which order of such deprivation
prescribed, and the decision Act. Bihar, Punjab Haryana, West Bengal, U.P.,Orissa and Andhra have done so.
dismissal is communicated to her, appeal to such authority as may be " Conditions for eligibility of benefits
not be deprived of maternity
of that authority on such appeal, whether the woman should or should Women are eligible for maternity benefit when she is expecting a child and has worked
benefit or medical bonus or both, or discharged or dismissed shall be final.
her employer for at least 80 days in the 12 months immediately proceeding the date of her expec
No deduction of wages in certain cases (Sec. 13) delivery.
wages of a
The employer should not make any deduction from the normal and usual daily " Conditions for eligibility of benefits
work assigned to her or for
woman entitled to maternity benefit, merely due to the light nature of Ten weeks before the date of her expected delivery, she may ask the employer to give
the nursing breaks allowed to her. light work for a month. At that time she should produce a certificate that
she is preg
Forfeiture of maternity benefit (Sec. 18] She should give written notice to the employer about seven weeks before the
date of
If any woman, who has been allowed to go on
maternity leave, works in any other delivery that she will be absent for six weeks before and after her delivery. She she
maternity benefit for also name the person to whom payment will be made in case she can not
establishment for any period during the authorized leave, then her claim to the take it herse
such period worked shall be forfeited.
She should take the payment for the first six weeks before she goes on
" She will get payment for the six weeks after leave.
Effect of laws and agreements inconsistent with this Act [Sec. 27] that she has had a child.
child-birth within 48 hours of giving
inconsistent therewith
The provisions of thisAct shall have effect notwithstanding anything service, whether Her employer cannot discharge her or change her
contained in any other law or in the terms of any award, agreement or contract of maternity leave.
conditions of service while she i
made before or after the coming into force of this Act: " Cash Benefits
otherwise, a
Provided that where under any such award, agreement, contract of service orher than those
woman is entitled to benefits in respect of any matters which are more
favourable to Leave with average pay for six weeks before the delivery.
266: Human Relations
Legislations The Maternity Benefit Act, 1961:267
under Section 6, or as the case may be. under Section 9. to leavc with wages at the to which she would be entitled under this Act. the woman shall continue to be entitled to the mm
rate o1
maternity benefit for a maximum period of one month. favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefite !
In respect of other matters under this Act. Nothing contained in this Act shall be
Nursing breaks (Sec. 11] construej to
preclude a woman from entering into an agreement with her employer for granting her right; or
Every woman delivered of achild who returns to duty after such delivery shall, in addition privileges in respect of any matter which are more favourable to her than those to which she Woula
to the interval of rest allowed to her, be allowed in the course of her daily work two breaks of the be entitled under this Act.
prescribed duration for nursing the child until the child attains the age of1Smonths.
Dismissal during absence or pregnancy (Sec. 12] Summary
When awoman absents herself from work in accordance with the provisions ofthis Act, it " Applicability of the act
shall be unlawful for her employer to discharge or dismiss her during or on account of such absence Extends to whole of India.
or to give notice of discharge or dismissal on such aday that the notice will expire during such " Object of the Act
absence, or to vary to her disadvantage any of the conditions of her service.
Toprotect the dignity of motherhood and the dignity of a new person's bith by providinp
The discharge or dismissal of awoman at any time during her pregnancy shall not have the for the full and healthy maintenance of the woman and her child at this important time when sh: is
effect of depriving her ofthematernity benefit or medical bonus: not working.
Provided that where the dismissal is for any prescribed gross misconduct, the employer Coverage of the Act
may, by order in writing communicated to the woman, deprive her of the maternity benefit or
medical bonus or both. Upon all women employees either employed directly or through contractor except domesiç
women employees employed in mines, factories, plantations and also in other establishmentsif
Any woman deprived. of maternity benefit or medical bonus, or both, or discharged or the State Government so decides. Therefore, if the State Government
dismissed during or on account of her absence from work in accordance with the provisions of this decides to apply this Acto
women employees in shops and commercial establishments, they also will get the benefit of tis
Act, may, within sixty days from the date on which order of such deprivation or discharge or Act. Bihar, Punjab Haryana, West Bengal, U.P, Orissa and Andhra have done so.
dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision " Conditions for eligibility of benefits
of that authority on such appeal, whether the woman should or should not be deprived of maternity
benefrt or medical bonus or both, or discharged or dismissed shall be final. Women are eligible for maternity benefit when she is expecting a child and has worked for
her employer for at least 80 days in the 12 months immediately
No deduction of wages in certain cases [Sec. 13] delivery. proceeding the date of her expect:d
The employer should not make any deduction from the normal and usual daily wages of a " Conditions for eligibility of benefits
woman entitled to matemity benefit, merely due to the light nature of work assigned to her or for " Ten weeks before the date of her expected
the nursing breaks allowed to he. delivery, she may ask the employer to give ler
light work for a month. At that time she should
produce a certificate that she is prègnant.
Forfeiture of maternity benefit |Sec. 18] " She should give written notice to the employer about seven weeks
If any woman, who has been allowed to go on maternity leave, works in any other delivery that she will be absent for six weeks before and after her before the date of l:r
for delivery. She shoud
establishment for any period during the authorized leave, then her claim to the maternity benefit also name the person to whom payment will be made in case
she can not take it herself.
" She should take the payment for the
such period worked shall be forfeited. first six weeks before she goes on leave.
She will get payment for the six weeks after
Effect of laws and agreements inconsistent with this Act [Sec. 27] that she has had a child. child-birth within 48 hours of giving proif
The provisions ofthis Act shall have effect notwithstanding anything inconsistent therewith " Her employer cannot discharge her or
service, whether
containedin any other law or in the terms of any award, agreement or contract of change her conditions of service while she is on
maternity leave.
made before or after the coming into force of this Act: " Cash Benefits
Provided that where under any such award, agreement, contract of service or otherwise, a
favourable to her than those " Leave with average pay for six weeks before the
woman is entitled to benefits in respect of any matters which are more delivery.