MATERNITY BENEFIT ACT

1961

MATERNITY BENEFIT
ACT 1961
 MATERNITY BENEFIT ACT
1961 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.
 MATERNITY BENEFIT ACT
1961 Coverage
Whole of India
Every factory, mine or plantation
(including those belonging to
Government) and
 To every shop or establishment wherein
10 or more persons are employed
Government may by its official gazette
exclude certain establishments.
Not applicable if covered under ESI Act.
 MATERNITY BENEFIT ACT
1961
Must actually work for at least 160 days in
12 months immediately preceding her date
CONDITIONS
of expected delivery. FOR
CLAIMING
Should BENEFITS
intimate the employer Seven before
her delivery date about the leave period.
 MATERNITY BENEFIT ACT
1961

Enacted by Parliament in the Twelfth Year of

the Republic of India
12th December 1961

Its an Act 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.
 MATERNITY BENEFIT ACT
1961
APPLICATION OF ACT

It applies to every establishment being factory,

mine or plantation including any
establishment belonging to Government.

It does not apply to any factory or other

establishment to which the provisions of the
Employees’ State Insurance Act, 1948 apply
for the time being.
 MATERNITY BENEFIT ACT
1961 EMPLOYMENT OF WOMEN
PROHIBITED DURING CERTAIN
PERIOD
The period referred to in sub-section (3) shall be:

• Six weeks preceding the date of delivery which

also includes the date of delivery and
• Six weeks after the date of delivery.
 MATERNITY BENEFIT ACT
1961
NOTICE OF CLAIM FOR MATERNITY
BENEFIT ACT
(under section 6)

• Should give notice in writing in a prescribed form

to her employer 7 WEEKS before her tentative
delivery date.
• Notice shall state the date from which she will be
absent from work.
• Not entitled to work in any organization for that
period.
• The failure to give notice under this section shall
not disentitle a woman to maternity benefit.
 MATERNITY BENEFIT ACT
1961
PAYMENT UNDER MATERNITY BENEFIT
ACT
(under section 5)

• Payment for the period of her actual absence

will be given.
• Maximum period will be 12 weeks for wages
• Should have worked for a period of 160 days.
• She should also get a bonus of Rs 1000/- if the
employer does not provide pre-natal,
confinement & post-natal medical care.
 MATERNITY BENEFIT ACT
1961
OTHER BENEFITS

• Maternity benefit in case of death of a woman–

Sub-section (3) of section 5, Nominated person or legal
representative are liable to receive on her behalf
• Leave for Miscarriage- Six weeks after the date of
miscarriage
• Leave for illness arising out of pregnancy-(Under
section 9), with wages at the rate of maternity benefit
for a maximum period of one month
 MATERNITY BENEFIT ACT
1961
• Nursing break- Two breaks of the prescribed
duration for nursing the child until the child attains
the age of 15 months.
• Dismissal during absence or pregnancy- It shall
be unlawful for her employer to discharge or dismiss
her
• Forfeiture of maternity benefit-If a woman works
in any establishment after she has been permitted by
her employer to absent herself under Maternity
Benefit Act.
 MATERNITY BENEFIT ACT
1961
• Penalty for contravention of Act by
employers-If any employer contravenes the rules
made, 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 of them.
• Power of Central Government to give
directions- The Central Government may give
directions to a State Government regarding the
execution of the provisions of this Act.
 MATERNITY BENEFIT ACT
1961
AMENDMENTS

The Maternity Benefit (Amendment) Bill 2007

was passed by the Rajya Sabha. After the
passage of bill, women working in factories,
shops and plantation will get enhanced
maternity benefits. The women would
receive medical bonus of 1, 000 rupees.
 MATERNITY BENEFIT ACT
1961
Penalty for Contravention of Act
• Imprisonment with minimum period of 3 months to
maximum 01 year
• Fine from Rupees Two Thousand to Rupees Five
Thousand.

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