Chapter 27

THE MATERNITY BENEFIT ACT, 1961

Reference to section in this chapter, unless otherwise indicated is to the Maternity

Benefit Act 1961.
Scope and coverage of the Act (Sec. 2)
The Act applies, in the first instance—to every establishment being a factory,
mine or plantation including any such establishment belonging to Government and to
every establishment wherein person are employed for the exhibition of equestrian,
acrobartic and other performance;
a) to every shop or establishment being a factory, mine or plantation including
any such establishment belonging to Government and to every establishment
where in persons are employed for the exhibition or were employee, on any
day of the preceding 12 months.
The state Government may extend all or any of the provisions of the Act to
any other establishment or class of establishment, industrial, commercial, agricultural
or otherwise. But the State government can do so only with the approval notification
in the official Gazette, of its intention do so.
Save as provided in Secs. 5-A and 5-B nothing contain in the Act shall apply
to any factory or other establishment to which the provisions of the Employee’s state
Insurance Act 1948 apply for the item being.
The Act prohibits the working of pregnant women for a specified period
before and after delivery. It also provides for maternity leave and payment of certain
monetary benefits to be paid to women workers during the period when they are out
of employment on account of their pregnancy. Further, the services of a woman
worker cannot be terminated during the period other absence on account of
pregnancy, except of gross misconduct.
DEFINITION
Appropriate Government [Sect. 3(a)] it means in relation to an
establishment being a mine or an establishment where in persons are
employed for the exhibition of equestrian, acrobatic and other performance in
1973. Since these establishment move from place to place, it was considered
that for the effective enforce of the Act in relation to these establishments, the

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appropriate government should be the Central Government instead of the state
Government.
2. Child [Sec. 3(b)] ‘Child’ includes a still-born child
3. Deliver [Sec. 3(c)]. It means the birth of a child.
4. Employer [Sec. 3(d)] it means -
i) In relation to an establishment which is under the control of the
government, a person or authority appointed by the Government for the
supervision and control of employee or where no person or authority is so
appointed, the head of the department;
ii) in relation to an establishment under any local authority, the person
appointed by such authority for he supervision and control of employee
or were no person is appointed the chief executive office or the local
authority;
iii) in any other case, the person who, or the authority which, has the
ultimate interested to any other person whether called a manager,
managing director, or by any other name, such person.
1. Establishment [Sec. 3(ep)] means-
i) a factory;
ii) a mine;
iii) a plantation;
i) an establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances;
ii) a shop or establishment; or
iii) an establishment to which the provisions of the Act have been declared
under Sec. 2 to be applicable.
iv) ‘Factory’ means a factory as defined in the factories act, 1948 [Sec.
3(f)]
v) ‘Mine’ means a mine a defined in the Mines act, 1952 [Sec. 3(k)]
vi) Miscarriage [Sec. 3(j)]. It means expulsion of the contents of a
pregnant uterus at any period prior to or during the 26th week of
pregnancy but does not include any miscarriage, the causing of which
is punishable under the Indian Penal Code (I.P.C.), 1860.

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 ‘Wages [Section 3 (n)] it means all remuneration paid or payable in
cash to a woman, if the terms of the contract of employment, express
or implied, were fulfilled. It includes—
b) Such cash allowance (including dearness allowance and house and
allowance) as a woman is for the time being entitled to;
ii) Incentive bonus; and
iii) overtime earnings and any deduction or payment made on account of
fines;
iv) 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 being in force; and
v) any gratuity payable on the termination of service.
*) Woman [Sec. 3 90)] 'Woman means a woman employed, whether
directly or through any agency, for wages in any establishment.

PROHIBITION OF EMPLOYMENT
Employment of, or work by, women prohibited during certain periods (Sect.4) An
employer is prohibited form knowingly employing any woman in any establishment
during the 6 weeks immediately following the day of her delivery or her miscarriage.
Likewise, a woman is prohibited Form working in any establishment during this
period of 6 weeks. Further, is a pregnant woman makes a request, she shall not be
given any work of the following nature during the specified period;
a) any work which is of arduous nature.
b) Any work which involves long hours of standing
c) Any work which in any way is likely to interfere with their pregnancy or
the normal development of fetus or is likely to cause her miscarriage or
otherwise adversely affect her health.

The specified period shall be -the period of 1 months immediately preceding the
period of 6 weeks before the date of expected delivery; or
b) any period during the said period of 6 weeks For which the pregnant man does
not avail of the leave of absence under Sec. 6.
MATERNITY BENEFIT.
Right to payment of maternity benefit (Sec. 5)

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 Subject to the provisions of the Act, every woman shall be entitled to, d her
employer shall be liable For, the payment of maternity benefit. Maternity benefit is a
payment to a woman at the rate of the average daily wage for the period of her actual
absence, that is to say, the period immediately preceding the day of her delivery and
any period immediate wing that day.
Average daily wage. It means the average of the woman's wages able 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, or Rs. 10, which ever is the higher.
Condition for payment of maternity benefit. The following conditions must be
fulfilled before maternity benefit becomes payable to a woman worker in an
establishment:
Condition :
1. Work for not less than 80 days to have been put in. the woman must have
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. this period of 80
days shall not apply to a woman who has immigrated into the State of Assam
and was pregnant at the time of the immigration.
2. For the purpose of calculating the days on which the 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 holiday
with wages during the period of 12 months immediate preceding the date of
expected wages during the period of 12 months immediately preceding the
date of expected delivery shall be counted towards the minimum 80 days
required.
3. Maternity benefit for a maximum period of 12 weeks. The maximum period
of which the woman shall be entitled to maternity benefit shall be 12 weeks of
which not more that 6 weeks shall precede the date of her expected delivery.
3. Death. If the woman dies during this period of 12 weeks, the maternity benefit
shall be 12 weeks period for which not more than 6 weeks shall precede the
date of her expected delivery.

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4. death if the woman dies during this period of 12 weeks, maternity where the
woman delivers a child and then 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 the child, the employer shall be liable for
payment of maternity benefit for that entire period. If the child also dies
during the said period, the employer shall be liable for the payment of
maternity benefits for the days up to on including the date of death of the
child.
Notice of claim for maternity benefit and payment thereof (Sec. 6)
Any woman employed in an establishment and entitled to maternity benefit
under the provision of the Act may give notice to her employer, stating that her
maternity benefit and any other amount to which she may be entitle may be paid to
her or to such person as she may nominate in the notice. The notice shall be in
writing and in the prescribed form. It shall also state the date from which she will be
absent from work. This date will be earlier that 6 weeks form the date of her expected
delivery. If she has not given the notice when she was pregnant, she may give such
notice as soon as possible after the delivery.
Permission for absence. On receipt of the notice, the employer shall permit the
woman to absent herself. Amount of maternity benefit for the period proceeding he
employer- to her on production of such proof as may be prescribed that the woman
employer to the woman to the woman within 48 hours of production of proof that the
woman has delivered a child.
Payment of maternity benefit in case of death of a woman (Sec. 7)
If a woman entitled to maternity benefit or any other amount dies before maternity
benefit after the death of e woman, the employer shall pay such benefit or amount to
the person nominated by the woman in the notice given under sec. 6 In case there is
no such nominee, the maternity, benefit will be paid to her legal representative.
Continuance of payment of maternity benefit if certain cases (sect. S-A)
Be so entitled until she becomes qualified to claim maternity benefit under
sect. 50 of the Employees' State Insurance Act. 1948. This provision applies even
where the employees' State Insurance Act. 1948 applies to the factory or other
establishment in which the woman is employed.
Sec. 5-A clarifies an apparent conflict between the provision of the Act and
the Employee's state Insurance act, 1948, in respect of benefits conferred. This section

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maes in clear that maternity benefit shall be paid to a woman worker under the Act
until she becomes qualify to claim such benefit under the Employees' state Insurance
Act which provides for a similar benefit. This is time the employer is not obliged to
pay a double benefit.
Payment of maternity benefit in certain cases (sect 5-8)
Every woman who is employed in a factory or other establishment to which the
provisions of the employee's State Insurance act, 1948 apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed
Rs. 1,600; and
(d) who has worked for not less that 80 days in the 1 2 months immediately
preceding the date of her expected delivery; shall be entitled to the payment of
maternity benefit under the Act.
Sect. 5-b was introduced by the maternity Benefit (Amendment(Act, 1976. Prior to
the amendment of the Act in 1976, a number of woman were employed in the
factories or establishments which were covered under the employee's state Insurance
Act, 1948, but such employees were not covered by that Act as they were in receipt of
wages exceeding the amount specified in that Act namely Rs. 1,000 (Now it is Rs.
3,000) per nth. The provisions of the maternity Benefit Act, 1961 also did not apply to
them as this Act specifically excluded form its purview factories or establishment to
which the provision of the Employee’s state Insurance Act. 1948 applied. Thus, the
woman employees employed in factories or establishments covered by the
Employees’ State Insurance Act, 1948, or the maternity Benefit act, 1966. The
Amendment Act, 1976 covered the above mentioned category of woman employees.
Forfeiture of maternity benefit (Sec. 18)
If a woman works in any establishment after she has been permitted by her
employer to absent herself under the provisions of sec. 6 for nay period during such
authorized absence she shall forfeit her claim to the maternity benefit for such period.
Dismissal during absence of pregnancy (Sec. 12)
When a woman absents herself form work in accordance with the provisions
of the Act, it shall be unlawful for her employer to discharge or dismiss her during or
on account of such absence. Further it shall be unlawful for the employer eve to give
notice of discharge or dismissal on such a day that the notice will expire during sub
absence, or to vary to her disadvantage any of the conditions of her service. Any
discharge or dismissal of a woman not in accordance with these provisions shall not

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have the effect of depreiving her of the maternity benefit or medical bonus. But 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 referred to in Sec .8 or both.
The following acts shall constitute gross misconduct;
A. Willful detraction of employer’s good or property; assaulting any superior or
co-employee at the place of work; Criminal offence involving moral turpitude
resulting in conviction in a court of law; Theft, fraud or dishonest in connection with
the employers business or property; and Willful non-observance of safety measures or
rules or willful interference with safety device or with fire fighting equipment [Rule 8
of Maternity Benefit (mines and circus) rules, 1963]
Any woman deprived for maternity benefit or medical bonus, or both, or
discharged or dismissed during or on account of her absence form the work in
accordance with the provisions of this Act, may, within 60 days form the date on
which order of such deprivation or discharged or dismissed, shall be final.
No deduction of wages in certain cases (Sec. 13)
No deduction from the normal and usual daily wages of a woman entitled to
maternity benefit under the provisions of the Act shall be made for the reason that—
a) the nature of work assigned to her is nat a arduous nature, or that the pregnant
woman has been give a different nature of work, or
b) specified breaks for nursing the child are allowed to her.
Medical bonus
Every woman entitled to maternity benefit under the Act shall also be entitled
to receive form her employer a medical bonus of Rs. 250 if no prenatal confinement
and post natal care is provided for by the employers free of charge.

LEAVE AND NURSING BREAKS

Leave for miscarriage (Sec. 9)
In case of miscarriage, woman shall on production of the prescribed proof 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.
Other leave (Sec. 10)
A woman suffering from illness arising out of pregnancy, delivery, premature birth of
a child or miscarriage shall, on production of the prescribed proof, be entitled to leave

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with wages at the rate of maternity benefit for a maximum period of 1 month. This
leave is in addition to the, period of absence allowed to them under Sec. 6 or under
Sec. 9
Nursing breaks (Sec. 11)
Where a woman, after having delivered a child, returns to duty after such delivery,
she shall be allowed in the course of her daily work 2 breaks of the prescribed
duration of nursing breaks shall be in addition to the interval for rest allowed to her.
INSPECTORS
The appropriate Government may, by notification in the official, Gazette, appoint
such officers as it thinks fit to be Inspectors for the purposes of the Act and may
define the local limits of the jurisdiction within which they shall exercise their
functions under the Act (Sec. 14)
Powers and duties of Inspectors (Sect. 151 An inspector may, subject such restriction
or conditions as may be prescribed, exercise all or any of following powers:
1. He may enter at all reasonable times with assistants, if any, any premises or
place where women are employed or work is given to them in on
establishment, far the purpose of examining any registers, records and notices
required to be kept or exhibited by or under the act and require their
production for inspection.
2. He may examine any person whom he finds in any premises, or place and
who, he has reason to believe, is employed in the establishment. But he cannot
compel any person to answer any question or give any evidence tending to
incriminate himself.
3. He may require the employer to give information regarding the names and
addresses of woman employed. Payment made to hem, and applications or
notices received from them under the Act.
4. He may take copies of any registers and records or notices or any portions
thereof.
Power of Inspector to direct payments to be made (Sec. 17)
Any woman claiming that-
a) maternity benefit or any other amount to which she is entitled under the Act
and any person claiming that payment due under Sect 7 (which deals with
payment of maternity benefit in case of death of a woman) has been
improperly withheld.

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b) Her employer has discharged or dismissed her during or on account of her
absence from work in accordance with the provision of this Act, may make a
complaint to the Inspector.
Inquiry by Inspector. The Inspector may, of his own motion or on receipt of a
complaint, make an inquiry or cause an inquiry to be made. If he is satisfied that
payment has been wrongfully withheld, he may direct the payment to be made in
accordance with his orders. Further if the inspections is satisfied that the woman has
been discharged or dismissed during or on account of her absence form work in
accordance with the provision of this Act, he may pass such orders as are just and
proper according to he circumstance of the case.
Appeal any person aggrieved by the decision of the inspector may appeal or
prescribed authority within 30 days from the date of which the decision of the
inspector is communicated to such person. The decision of the Inspector is made, the
decision of the Inspector shall be final. Any amount payable under Section 5 shall be
recoverable by the collector on a certificate issued for that amount by the inspector as
a arrear of land revenue.
Inspectors deemed to be public servants (Sect. 16) Every Inspector appointed
under the act shall be deemed to be a public servant within the meaning of Sec. 21 of
the Indian Penal Code 1860.
Points To Remember-

THE MATERNITY BENEFIT ACT, 1961

The Act prohibits the working of pregnant women for a specified
period before and after delivery. It also provides for maternity
leave and payment of certain monetary benefits to be paid to women
workers during the period when they are out of employment on
account of their pregnancy.
Further, the services of a woman worker cannot be terminated
during the period other absence on account of pregnancy, except of
gross misconduct.
DEFINITION-
Appropriate Government [Sect. 3(a)]
Employer [Sec. 3(d)]
Establishment [Sec. 3(ep)]
‘Wages [Section 3 (n)]

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PROHIBITION OF EMPLOYMENT
An employer is prohibited form knowingly employing any woman
in any establishment during the 6 weeks immediately following
the day of her delivery or her miscarriage. Likewise, a woman is
prohibited Form working in any establishment during this period
of 6 weeks.
Further, is a pregnant woman a request, she shall not be given any
work of the following nature during the specified period-
•any work which is of arduous nature.
•Any work which involves long hours of standing
•Any work which in any way is likely to interfere with their
pregnancy or the normal development of fetus or is likely to cause
her miscarriage or otherwise adversely affect her health.

MATERNITY BENEFIT-
Right to payment of maternity benefit (Sec. 5)
For, the payment of maternity benefit. Maternity benefit is a payment to a woman
at the rate of the average daily wage for the period of her actual absence, that is to
say, the period immediately preceding the day of her delivery and any period
immediate wing that day.
Average daily wage. It means the average of the woman's wages able 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, or Rs. 10, which ever is the higher.
Condition :
the woman must have 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
For the purpose of calculating the days on which the 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 holiday with wages during
the period of 12 months immediate preceding the date of expected wages during
the period of 12 months immediately preceding the date of expected delivery shall
be counted towards the minimum 80 days required.

Continued…

The maximum period of which the woman shall be entitled to

maternity benefit shall be 12 weeks of which not more that 6 weeks
shall precede the date of her expected delivery.
Death. If the woman dies during this period of 12 weeks, the
maternity benefit shall be 12 weeks period for which not more than
6 weeks shall precede the date of her expected delivery.
if the woman dies during this period of 12 weeks, the employer
shall be liable for payment of maternity benefit for that entire
period.
If the child also dies during the said period, the employer shall be
liable for the payment of maternity benefits for the days up to on
including the date of death of the child.

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Questions For Test-
1. What are the leaves to which a woman is entitled in case of miscarriage/illness
arising out of pregnancy?
2. Can any deduction be made from the normal and usual daily wages of a
woman entitled to maternity benefit?
3. Write short note on:
Forfeiture of the right to maternity benefit
4. define the term Employer

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