maternity benefit Act 1961

1. Maternity benefit act – 1961
Maternity benefit in India is mainly governed by the Maternity BenefitAct, 1961
that applies to all shops and establishments with 10 or more employees.
Maternity Benefit (Amendment) Act, 2017 further increased thematernity
benefits being provided under the Act.
Maternity benefit and Indian Constitution
 Article 15(3) of the Indian Constitution empowers the State to make special
provisions for women. The main objective of Article 15 (3) is based on
“protective discrimination” keeping in view the weak physicalposition of
women.
 Article 21 – Right to Life and PersonalLiberty means the right to lead a
meaningful, complete and dignified life. Itdoes not haverestricted
meaning. Therefore, the State must guarantee to a pregnant working
woman all the facilities and assistancethat she requires while protecting
her employment as well as her own and her child’s health.
 The Directive Principles of State Policy contained in Part IV of the
Constitution of India, under Article 41 requires the State to make effective
provision for securing the right to work and to education.
 Article 42 requires that the State shallmake provision for securing justand
humane conditions of work and for maternity relief.
What was the need for a law?
 With the advent of the modern age, as the number of women employees is
increasing, the maternity leave and other maternity benefits are
increasingly becoming common around the world.
 However, there was no beneficial piece of legislation in this respectwhich
seeks to achieve the objective of giving social justice to women workers
employed in factories, mines, and plantation. Hence the Maternity Benefit
Act was enacted.
 The objective of Maternity Benefit Act 1961 was to provide maternity leave
and benefit to women employee and protect their dignity of motherhood
by providing for the full and healthy maintenance of women and her child.

2. DEFINITION
An Act to regulate the employment of women in certain establishment for certain
period beforeand after child-birth and to providefor maternity benefit and
certain other benefits.
“State shall, inparticular, direct its policy towards securing the health&
strengthof workers, menand & women”.
OBJECTIVE:
 Itaims to regulate the employment of women in certain periods before and
after childbirth
 To providefor maternity benefits including maternity leave ,wages , bonus ,
nursing breaks etc.
 To protect the dignity of motherhood and the dignity of a new person by
providing for full and healthy maintenance of the women and her child at
this important time when she is not working.
Applicability of the Maternity Act:
 The Act extends to whole of India. In thefirst instance, to every
establishment being a factory, mine or plantation in which 10 or more
persons areor wereemployed on any day of the preceding (12) twelve
months. (including any such establishment belonging to Government& to
every establishment wherein persons areemployed for the exhibition of
equestrian (riding), acrobatic and other performances).
 The Central IndustrialRelations Machinery (CIRM) in the Ministry of Labour
is responsiblefor enforcing this Act.
Duties of Employee for Maternity Benefits:
 Under Section - 5(2) of the Maternity Benefit Act, 1961: Shemust work not
less than 80 Days in the 12 months immediately preceding the date of her
expected delivery.
 Ten (10) weeks before thedate of her expected delivery, shemay ask the
employer to give her light work for a month. At that time sheshould
producea certificate that sheis pregnant.

3.  She should give written notice to the employer about Seven(07) weeks
before the date of her delivery that she will be absent beforeand after her
delivery. She should also name the person to whompayment will be made
in case she cannottake it herself.
KEY HIGHLIGHTS OF THE AMENDMENT
1. Increase inMaternity Benefit:
 Paid Maternity leave increased to 26 weeks.
 Leave Prior to expected delivery date - 8 weeks.
2. No increasedbenefitfor thirdchild:
 The increased Maternity Benefit is only available for the firsttwo
children.
 A woman having two or more surviving children shallonly be
entitled to 12 (twelve) weeks of Maternity Benefit of which not more
than 6 (six) shall be taken prior to the date of the expected delivery.
3. Adoption/Surrogacy: A woman who adopts a child below the age of 3 (three)
months, or a commissioning mother will be entitled to Maternity Benefit for a
period of 12 (twelve) weeks fromthe date the child is handed over to the
adopting mother or the commissioning mother.
4.CRECHEFACILITY: Establishmenthaving 50+employees mandatory to have
crèche facility. The woman is also to be allowed 4 (four) visits a day to the creche,
which will include the interval for rest allowed to her.
5.Work from home: An employer may allow her to work fromhome postthe
period of Maternity Benefit. The conditions for working fromhome may be
mutually agreed between the employer and the woman.
6. Prior Intimation: Every establishment will be required to providewoman at the
time of her initial appointment, information about every benefit available under
the Act.

4. CASH BENEFITS
o Leave of 26 weeks (8 weeks before expected date of delivery & 18 weeks
after expected date of delivery)
o A medical bonus of Rs.3500 (Minimumamount)
o In case of miscarriage: Leaveof 8 weeks, immediately after the date of
miscarriage.
o An additional leave with pay up to one month. [Proof of illness].
o Tubectomy operation: Leave with wages for a period of 2 weeks.
NON CASH BENEFITS
o No dischargeor dismissalwhen on maternity leave
o Light work for 10 weeks before delivery.
o No Charge to be made on her in any of the conditions to her Job while on
ML
o Two Nursing Breaks until the child will became the (15) fifteen months old.
o No deduction fromthe Normal and Usualdaily wages of a woman entitled
to Maternity Benefit under the provisions of this Act.
o Note: In casethe Woman dies during this period, the maternity benefit
shall be payable only for the days up to and including the day of her death.
o Every establishment having 50 or more employees shall have the facility of
creche.
o Employer shall allow 4 visit a day to the creche by the women, which shall
also include the interval for rest allowed to her.

5. LEGAL OBLIGATION UNDER THIS ACT:
 No employer shall knowingly employ a women in establishment during 6
weeks following date of her delivery or miscarriage.
 No women shall work in any establishment during the during the 6 weeks
immediately the day following her delivery.
 Itshall be unlawfulfor her employer to dischargeor dismiss her on account
of such misconduct.
 In case of Gross misconduct, the employee in writing can communicate
about depriving such benefit.
 Writing 60 days fromthe day of deprivation Of maternity benefit , any
women can appeal to the authority prescribed by law.
Rights, Duty & Penalty of Employer:
 Forfeiture of Maternity Benefit:
 Abstract of Act and rules: An abstractof 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 placeby the employer in every part of the
establishment in which women are employed.
 Records Management: Every employer shallprepare and maintain such
registers, records and muster-rolls and in such manner as may be
prescribed under the Maternity Act.
 Penalty for contraventionof Act:  imprisonment which shall not be less
than (03) three months but which may extend to (01) one year and  fine
which shall not be less than Rs: 2000/-, which may extend to Rs: 5000/
CONCLUSION:
After analyzing various provisions of theAct, it can be concluded that Maternity
Benefit Act,1961 is a boon for the working women in the sensethat they don’t
have job insecurity during their maternity period. this act regulate the
employment of women & provide maternity & and other benefits to them.

6. SECTIONS
SECTION1. Shorttitle, extend and commencement
This Act may be called the Maternity Benefit Act, 1961
Itextends to the whole of India
SECTION2. Application of Act
 Itapplies in the firstinstance, to every establishment being a factory, mine
or plantation
 shall apply to any factory or other establishmentto which the provisions of
the Employees State InsuranceAct, 1948 (84 of 1948), apply for thetime
being
SECTION3. Definitions
Child : Includes a still-born child.
Delivery: Thebirth of a child.
Appropriate Government includes:
 Establishment being a mine or establishment for the exhibition of
equestrian, acrobatic & other performances, THECENTRAL GOVERNMENT.
 Any other establishment, THE STATE GOVERNMENT.
Miscarriage: Expulsion of the contents of a pregnantuterus at any period prior to
or during the twenty-sixth week of pregnancy.
Does not include any miscarriagewhich is punishable under Indian Penal Code.
Commissioning Mother: Biologicalmother who uses her eggs (ovum) to create an
embryo, implanted in any other woman.
Wages:All remunerations paid or payable in cash, includes:
 Cash Allowances ( dearness allowance, house rent allowance)
 Incentivebonus.
 Money value of the concessionalsupply of food grains & other articles.

7. SECTION4. Employmentof, or work by, women prohibited during certain period.
(1) No employer shall knowingly employ a woman in any establishment during
the six weeks immediately following the day of her delivery or her miscarriage.
or MPT
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnantwoman 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 normaldevelopment of the foetus, or is likely
to cause her miscarriageor otherwiseto adversely affecther health.
(4) The period referred to in sub-section (3) shallbe –
(a) at the periodof one month immediately preceding the periodof six weeks,
before the date of her expecteddelivery;
(b) any periodduring the said periodof six weeks for whichthe pregnant
woman does not avail of leave of absence under section6.
SECTION5. Right to payment of maternity benefit.
If a women has worked for 80 days in the 12months immediately preceeding the
date of her delivery, then sheis eligible for getting maternity benefit for 12
weeks. Of this 12 weeks period.6 weeks shall be immediately after her delivery.
SECTION6. Notice of claim for maternity benefit and payment
She can nominate anybody to receive this benefit. Notice shall be given to
employer. Shemay take leave 6 weeks before and 6 weeks after the expected
date of delivery.
Maternity benefit due under this act for the period before her expected date of
delivery may be paid as advance.

8. SECTION7. Paymentor maternity benefit in caseof death of a woman
The employer shall pay such benefit or amount to the person nominated by the
woman in the notice given under section 6 and in casethere is no such nominee,
to her legal representative
SECTION8. Paymentof medical bonus
If the medical care is not given free of cost by employer then a medical bonus
[which varies fromtime to time] is to be given by employer.
SECTION9. Leave for miscarriage and tubectomy
For miscarriage6 week and For Tubectomy 2 weeks.
Immediately from the day of it. Proof should be given.
SECTION10. Leavefor illness arising out of pregnancy, delivery, prematurebirth
of child, or miscarriage
leave with wages at the rate of maternity benefit for a maximum period of one
month
SECTION11. Nursing breaks
Every woman delivered of a child who returns to duty after such delivery shall, in
addition to the interval for restallowed to her, be allowed in the courseof her
daily work 2 breaks of the prescribed duration for nursing the child until the child
attains the age of 15months.
SECTION12. Dismissalduring absenceor pregnancy
Employer shall not dimiss an employee during pregnancy with the aim to shall not
have the effect of depriving her of the maternity benefit or medical bonus
If the dismissalis for gross misconduct, even maternity benefits and medical
bonus can be forfeited.
INSPECTORS AND THEIRPOWERS [S.14 TO S.17]
SECTION14. Appointmentof Inspectors
The appropriate Governmentmay, by notification in the Official Gazette, appoint
such officers as it thinks fit to by Inspectorsfor thepurposes of this Act and may

9. define the local limits of the jurisdiction within which they shallexercise their
function under this Act.
SECTION15. Powers and duties of Inspectors.
SECTION16. 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)
SECTION17. Power of Inspector to direct payments to be made
SECTION18. Forfeitureof 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 forfeither claim to the maternity benefit for
such period.
SECTION21 & 22. Penalty for contravention of Act by employers.
For Disobeying the Provisions =3-12 months imprisonment
2000 to 10000/- fine
For Obstructing inspector = upto 12 months/ 5000/- or birth.
SECTION25 to 28. Power of Central Government to give directions
The Central Governmentmay give such directions as it may deem necessary to a
State Governmentregarding the carrying into execution the provisions of this Act
and the State Governmentshall comply with such directions
a) Give direction to State Govt.
b) To exempt establishments – Fromthis act if they are providing more
benefits.
c) To make rules

10. What are the salient features of Maternity Benefit
(Amendment) Act 2017?