maternity benefits act 1961 in arif creation

Maternity Benefit Act, 1961
[Act no. 53 of Year 1961, Dated 12th. December, 1961]
Maternity Benefit Act, 1961
1. Short title, extent and commencement
2. Application of Act
3. Definitions
4. Employment of, or work by women prohibited during certain periods
5. Right to payment of maternity benefits
16[5A. Continuance of payment of maternity benefit in certain cases
15[5B. Payment of maternity benefit in certain cases
6. Notice of claim for maternity benefit and payment thereof
7. Payment of maternity benefit in case of death of a woman
8. Payment of medical bonus
18[9. Leave for miscarriage, etc.
10[9A. Leave with wages for tubectomy operation
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, 19[miscarriage,
medical termination of pregnancy or tubectomy operation]
11. Nursing breaks
12. Dismissal during absence of pregnancy
13. No deduction of wages in certain cases
14. Appointment of Inspectors
15. Powers and duties of Inspectors
16. Inspectors to be public servants
17. Power of Inspector to direct payments to be made
18. Forfeiture of maternity benefit
19. Abstract of Act and rules thereunder to be exhibited
20. Registers, etc.

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4[21. Penalty for contravention of Act by employer
22. Penalty for obstructing Inspector
21[23. Cognizance of offences
24. Protection of action taken in good faith
25. Power of Central Government to give directions
26. Power to exempt establishments
27. Effect of laws and agreements inconsistent with this Act
28. Power to make rules
29. Amendment of Act 69 of 1951
30. Repeal
Foot Notes
An Act to regulate the employment of women in certain establishments for certain period
before and after child-birth and to provide for maternity benefit and certain other benefits
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: -
1. Short title, extent and commencement
(1) This Act may be called the Maternity Benefit Act, 1961.
(2) It extends to the whole of India. l[* * *]
(3) It shall come into force on such date2 as may be notified in this behalf in the Official Gazette-
3[(a) in relation to mines and to any other establishment wherein persons are employed for the
exhibition of equestrian, acrobatic and other performances, by the Central Government;
and]
(b) in relation to other establishments in a State, by the State Government.
2. Application of Act
4[(1) It applies, in the first instance-
(a) to every establishment being a factory, mine or plantation including any such establishment
belonging to government and to every establishment wherein persons are employed for the
exhibition of equestrian, acrobatic and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in
relation to shops and establishments in a State, in which ten or more persons are employed,
or were employed, on any day of the preceding twelve months:]

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PROVIDED that the State Government may, with the approval of the Central Government,
after giving not less than two months’ notice of its intention of so doing, by notification in the
Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other
establishment or class of establishments, industrial, commercial, agricultural or otherwise.
(2) 5[Save as otherwise provided in 6[sections 5A and 5B] nothing contained in this Act] shall
apply to any factory or other establishment to which the provisions of the Employees’ State
Insurance Act, 1948 (34 of 1948), apply for the time being.
3. Definitions
In this Act, unless the context otherwise requires-
(a) “appropriate government” means, in relation to an establishment being a mine, 7[or an
establishment where in persons are employed for the exhibition of equestrian, acrobatic and
other performances], the Central Government and in relation to any other establishment, the
State Government;
(b) “child” includes a still-born child;
(c) “delivery” means the birth of a child;
(d) “employer” 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 employees 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 the supervision and control of employees or where no person is so
appointed, the chief executive officer of the local authority;
(iii) in any other case, the person who, or the authority which, has the ultimate control over
the affairs of the establishment and where the said affairs are entrusted to any other
person whether called a manager, managing director, managing agent, or by any other
name, such person;
7[(e) “establishment” means-
(i) a factory;
(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for the exhibition of equestrian,
acrobatic and other performance; 8[***]
9[(iva) a shop or establishment; or]
(v) an establishment to which the provisions of this Act have been declared under
sub-section (1) of section 2 to be applicable;]

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(f) “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948
(63 of 1948);
(g) “inspector” means an Inspector appointed under section 14;
(h) “maternity benefit” means the payment referred to in sub-section (1) of section 5;
10[(ha) “medical termination of pregnancy” means the termination of pregnancy permissible
under the provisions of Medical Termination of Pregnancy Act, 1971;]
(i) “mine” means a mine as defined in clause (j) of section (2) of the Mines Act, 1952 (35 of
1952);
(j) “miscarriage” means expulsion of the contents of a pregnant uterus at any period prior to or
during the twenty-sixth week of pregnancy but does not include any miscarriage, the
causing of which is punishable under the Indian Penal Code (45 of 1860);
(k) “plantation” means a plantation as defined in clause (f) of section 2 of the Plantations
Labour Act, 1951 (69 of 1951);
(l) “prescribed” means prescribed by rule made under this Act;
(m) “State Government”, in relation to a Union territory, means the Administrator thereof;
(n) “wages” means all remuneration paid or payable in cash to a woman, if the terms of the
contract of employment, express or implied, were fulfilled and includes-
(1) such cash allowances (including dearness allowance and house rent allowances) as a
woman is for the time being entitled to,
(2) incentive bonus, and
(3) the money value of the concessional supply of foodgrains and other articles but does not
include-
(i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or payment made on account of fines;
(iii) 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
(iv) any gratuity payable on the termination of service;
(o) “woman” means a woman employed, whether directly or through any agency, for wages in
any establishment.
4. Employment of, or work by women prohibited during certain periods
(1) No employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery, 11[miscarriage or medical termination of
pregnancy].

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(2) No woman shall work in any establishment during the six weeks immediately following the day
of her delivery 11[miscarriage or medical termination of pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being
made by her in this behalf, be required by her employer to do during the period specified in
sub-section (4) 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.
(4) The period referred to in sub-section (3) shall be-
(a) the period of one month immediately preceding the period of six weeks, before the date of
her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail
of leave of absence under section 6.
5. Right to payment of maternity benefits
4[(1) Subject to the provisions of this Act, 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, that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately following that day.]
Explanation: For the purpose of this sub-section, 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
three calendar months immediately preceding the date from which she absents herself on
account of maternity, 12[the minimum rate of wage fixed or revised under the Minimum Wages
Act, 1948 (11 of 1948) or ten rupees, whichever is the highest].
(2) 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 13[eighty days] in the twelve months immediately preceding the date of her expected
delivery:
PROVIDED that the qualifying period of 13[eighty 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.
Explanation : For the purpose of calculating under this sub-section the days on which a woman
has actually worked in the establishment, 14[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 twelve months immediately preceding the date of her expected delivery shall be
taken into account.
15[(3) The maximum period for which any woman shall be entitled to maternity benefit shall be
twelve weeks of which not more than six 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:

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15[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.]
16[5A. Continuance of payment of maternity benefit in certain cases
Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding
the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other
establishment in which she is employed, continue to be so entitled until she becomes qualified
to claim maternity benefit under section 50 of that Act.]
15[5B. Payment of maternity benefit in certain cases
Every woman-
(a) who is employed in a factory or other establishment to which the provisions of the
Employees’ State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for over-time work) for a month exceed the amount
specified in sub-clause (b) of clause (9) of section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of section 5, shall be entitled to the
payment of maternity benefit under this Act.]
6. Notice of claim for maternity benefit and payment thereof
(1) Any woman employed in an establishment and entitled to maternity benefit under the
provisions of this Act may give notice in writing in such form as may be prescribed, to her
employer, stating that her maternity benefit and any other amount to which she may be entitled
under this Act may be paid to her or to such person as she may nominate in the notice and that
she will not work in any establishment during the period for which she receives maternity
benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be
absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon
as possible after the delivery.
4[(4) On receipt of the notice, the employer shall permit such woman to absent herself from the
establishment during the period for which she receives the maternity benefit.]
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall
be paid in advance by the employer to the woman on production of such proof as may be
prescribed that the woman is pregnant, and the amount due for the subsequent period shall be
paid by the employer to the woman within forty-eight hours of production of such proof as may
be prescribed that the woman has been delivered of a child.

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(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 entitled to such benefit or amount and in any
such case an Inspector may either of his own motion or on an application made to him by the
woman, order the payment of such benefit or amount within such period as may be specified in
the order.
7. Payment of maternity benefit in case of death of a 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 under the second proviso to sub-section (3) of section 5, the employer shall pay such
benefit or amount to the person nominated by the woman in the notice given under section 6 and
in case there is no such nominee, to her legal representative.
8. 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 17[two hundred and fifty rupees], if no pre-natal confinement
and post-natal care is provided for by the employer free of charge.
18[9. Leave for miscarriage, etc.
In case of miscarriage or medical termination of pregnancy, 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 six weeks immediately following the day of her miscarriage or, as the case may
be, her medical termination of pregnancy.]
10[9A. Leave with wages for tubectomy operation
In case of tubectomy operation, 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 two
weeks immediately following the day of her tubectomy operation.]
10. Leave for illness arising out of pregnancy, delivery, premature birth of child,
19[miscarriage, medical termination of pregnancy or tubectomy operation]
A woman suffering from illness arising out of pregnancy, delivery, premature birth of child,
[miscarriage, medical termination of pregnancy or tubectomy operation] 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 one month.
11. 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 two breaks of the
prescribed duration for nursing the child until the child attains the age of fifteen months.

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12. Dismissal during absence of pregnancy
(1) When 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 or 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:
PROVIDED 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.
4[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or
dismissed during or on account of her absence from work in accordance with the provisions
of this Act, may, within sixty days from the date on which order of such deprivation or
discharge or dismissal 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 benefit or medical bonus, or both, or discharged or
dismissed shall be final.]
(c) Nothing contained in this sub-section shall effect the provisions contained in sub-section (1).
13. 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 sub-section (3) of
section 4; or
(b) breaks for nursing the child allowed to her under the provisions of section 11.
14. Appointment of 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 this Act and may define the local limits of the
jurisdiction within which they shall exercise their functions under this Act.
15. 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 person 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
of examining any register, records and notices required to be kept or exhibited by or under
this Act and require their production for inspection;

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(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.
16. Inspectors to be public servants
Every Inspector appointed under this Act shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (45 of 1860).
17. Power of Inspector to direct payments to be made
4[(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 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 Inspector where no such appeal has been preferred, shall be final.
4[(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.]
18. 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 authorised absence, she
shall forfeit her claim to the maternity benefit for such period.

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19. Abstract of Act and rules thereunder to be exhibited
An abstract of the provisions of this Act and the rules made thereunder 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.
20. Registers, etc.
Every employer shall prepare and maintain such registers, records and muster-rolls and in such
manner as may be prescribed.
4[21. Penalty for contravention of Act by employer
(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act
or discharges or dismisses such woman during or on account of her absence from work in
accordance with the provisions of this Act, he shall be punishable with imprisonment which
shall not be less than three months but which may extend to one year and with fine which shall
not be less than two thousand rupees but which may extend to five thousand rupees:
PROVIDED that the court may, for sufficient reasons to be recorded in writing, impose a
sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if
no other penalty is elsewhere provided by or under this Act for such contravention, be
punishable with imprisonment which may extend to one year, or with fine which may extend to
five thousand rupees, or with both:
PROVIDED that 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.]
22. 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 thereunder or conceals or prevents any person
from appearing before or being examined by an Inspector shall be punishable with
imprisonment which may extend to 20[one year], or with fine which may extend to five
thousand rupees, or with both.
21[23. Cognizance of offences
(1) Any aggrieved woman, an office-bearer of a trade union registered under the Trade Unions Act,
1926 (16 of 1926) of which such woman is a member or a voluntary organisation registered
under the Societies Registration Act, 1860 (21 of 1860) or an Inspector, may file a complaint
regarding the commission of an offence under this Act in any court of competent jurisdiction
and no such complaint shall be filed after the expiry of one year from the date on which the
offence is alleged to have been committed.
(2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try
any offence under this Act.]

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