M A T E R N I T Y B E N E F I T A C T 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.

M A T E R N I T Y B E N E F I T A C T 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.

M A T E R N I T Y B E N E F I T A C T 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.

M A T E R N I T Y B E N E F I T A C T 1961

NOTICE OF CLAIM FOR MATERNITY BENEFIT ACT

(under section 6)

Should give notice in writing in a prescribed form to her employer. 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.

M A T E R N I T Y B E N E F I T A C T 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.

M A T E R N I T Y B E N E F I T A C T 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

M A T E R N I T Y B E N E F I T A C T 1961 Nursing break- Two breaks of the prescribed

duration for nursing the child until the child attains the age of fifteen 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.

M A T E R N I T Y B E N E F I T A C T 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.

M A T E R N I T Y B E N E F I T A C T 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.