SMT. K.
G MITTAL INSTITUTE OF MANAGEMENT,
INFORMATION TECHNOLOGY & RESEARCH
THE MATERNITY BENEFITS ACT , 1961
SUBJECT: LABOR LEGISLATION
SUBMITTED TO: PROF. Dr. MAHENDRA SAWANT
BY: PRIYANKA TRIPATHI
ROLL NO : 53
MATERNITY BENEFITS ACT, 1961
Objectives
The Maternity Benefit Act, 1961, aims at regulation of employment of
women employees in certain establishments for certain periods before
and after child and provisions of maternity and certain other benefits.
Some Acts also provide for additional benefits such as free medical aid,
maternity bonus, provisions of crèches, additional rest intervals, etc.
Scope and Coverage
The Act extends to the whole of India and is applicable to every factory,
mine or plantation (including those belonging to Government) and an
establishment engaged in the exhibition of equestrian, acrobatic and
other performances, irrespective of the number of employees and to
every shop or establishment wherein 10 or more persons are employed
or were employed on any day of the preceding 12 months. The State
Government may extend the Act to any other establishment or class of
establishments, industrial, commercial, agricultural or otherwise.
However, the Act does not apply to any such factory/other
establishment to which the provisions of the Employees State
Insurance Act are applicable for the time being. But, where the
factory/establishment is governed under the E.S.I. Act and the woman
employee is not qualified to claim maternity benefit under section 50 of
that Act, because her wages exceed Rs. 3,000 p.m. (or the amount so
specified u/s 2(9) of the ESI Act), or for any other reason, then such
woman employee is entitled to claim maternity under this Act till she
becomes qualified to claim maternity benefit under the E.S.I Act.
Employees Entitled
Every woman employee, whether employed directly or through a
contractor, who has actually worked in the establishment for a period
of at least 80 days during the 12 months immediately preceding the
date of her excepted delivery, is entitled to receive maternity benefit.
The qualifying period of 80 days shall not apply to a woman who has
immediately into the State of Assam and was pregnant at the time of
immigration.
For the calculating the number of days on which a woman has actually
worked during the preceding 12 months, the days on which she has
been laid off or was on holidays with wages, shall be counted.
There is neither a wage ceiling for coverage under the Act nor there is
any restriction as regards the type of work it woman is engaged in.
Female workers engaged on casual basis or on muster roll on daily
wages are also entitled to benefit under the Act since there is nothing
in the Act which confers the benefit only on regular woman employees.
Administrative Authority
The administration of the provisions of this Act in respect of mines and
establishment engaged in exhibition of equestrian, acrobatic and other
performance, is controlled by the Central Government , whereas in
respect of all other establishments it is looked after by the concerned
State Governments.
The Central /State Governments shall appoint competent authority and
inspector and shall make for enforcing the provisions of the Act.
Salient Provisions
Restrictions on Employment of Pregnant Woman
No employer should knowingly employ a woman during the period of 6
weeks immediately following the day of her delivery of miscarriage or
medical termination of pregnancy. Besides, no woman should work in
any establishment during the said period of 6 weeks.
Further, the employer should not require a pregnant woman employee
to do an arduous work involving long hours of standing or any work
which is likely to interfere with her pregnancy or cause miscarriage or
adversely affect her health, during the period of 1 month preceding the
period of 6 weeks before the date of her expected delivery, and period
during the said period of 6 weeks for which she does not avail of the
leave as provided for in Section 6 of the Act.
Discharge or Dismissal to be void
When a pregnant 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 an account of, such absence, or 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 services.
Dismissal or discharge of a pregnant woman shall not disentitle her to
the maternity benefit or medical bonus allowable under the Act, except
when such dismissal or discharge is on account of gross misconduct
such as, willful destruction of employers goods or property, assault on
any superior or co-employee, criminal offence involving moral
turpitude, theft, fraud or dishonesty in connection with the employers
business or property, and willful non-observance of safety measures or
rules or interference with safety devices of the fighting equipments.
Meaning of Maternity Benefit
Prior to the amendment of 1989, if a woman employee could not avail
of the six weeks leave preceding the date of her delivery, she was
entitled to only six weeks leave following the day of her delivery.
However, by the above Amendment, the position has charged. Now, in
case a woman employee does not avail six weeks leave preceding and
following the day of her delivery, does not exceed 12 weeks.
A woman employee is entitled to maternity benefits under the Act
irrespective of the number of children she has. This matter was
considered in a high level Committee set up by the Central
Government. The Committee thought that through it is contrary to the
family planning norms being advocated by the Government, it is also
not appropriate to deny a woman employee the benefits under the law,
once she gave birth to a child.
Amount of Benefit
The Maternity benefit is payable to a woman worker at the rate of
average daily wages for the period of her actual absence, during the
benefit. Wages for this purpose includes basic, wages, dearness and
house rent allowance, incentive bonus and money value of
concessional supply of foodgrains and other articles.
If a woman dies during the benefit period, the benefit is payable
1) Upto and including the day of her death, in case she dies without
delivering a child.
2) For the entire period, in case she dies after delivering the child; or
3) Upto and including the day of child’s death, in case the child also
dies during that period.
The benefit is payable for a maximum period of 12 weeks of which not
more than x weeks shall precede the date of her excepted delivery.
“ Average daily wages” means average of the wages payable to the
woman employee 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 wages fixed or revised under the Minimum Wages Act, or Rs 10/-
whichever is the highest.
Notice of Claim
A woman employee entitled to maternity benefit may give a notice in
writing ( in the prescribed form) to her employer, stating as follows:
1) That her maternity benefit may be paid to her or to her nominee (
to be specified in the notice);
2) That she will not work in any establishment during the period for
which she receives maternity benefit; and
3) That she will be absent from work such date ( to be specified by
her), which shall not be earlier than 6 weeks before the date of her
excepted delivery.
The notice may be given the pregnancy or as soon as possible, after the
delivery.
On receipt of the notice, the employer shall permit such woman to
absent herself from work after the day of her delivery. The failure to
give notice, however, does not disentitle the woman to the benefits of
the Act.
Payment of Maternity Benefit
The employer is liable to pay the amount benefit for the period
preceding the date of excepted delivery, in advance to the woman
employee in production of the proof of pregnancy (in the prescribed
form). The balance of amount due for the subsequent period within 48
hours of production of proof of delivery (in the prescribed form).
In case of death of a woman-employee entitled to maternity benefit,
the employer shall pay the amount of benefit to her nominee or legal
representative, as the case may be.
Leave for miscarriage etc. and illness
In case of miscarriage or medical termination of pregnancy, a 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 or medical
termination of pregnancy.
Leave for Tubectomy Operation
In case of tubectomy operation, a woman shall, on production of
prescribed proof, be entitled to leave with wages at the rate of
maternity benefit for a period of two weeks immediately following the
day of operation.
Leave of illness
Leave for a maximum period of one month with wages at the rate of
maternity benefit are allowable in case of illness arising out of
pregnancy, delivery, premature birth of child, miscarriage or medical
termination of pregnancy or tubectomy operation.
Medical Bonus
Every woman entitled to maternity benefit, shall also be allowed a
medical bonus of Rs.2500/- if no pr-natal confinement and post-natal
care is provided for by the employer free of charge.
Nursing Breaks
Every woman who returns to duty after delivery of child; shall, in
addition to the interval of rest allowed to her, be allowed in the course
of her daily work, two breaks of 15 minutes duration each for nursing
the child until the child attains the age of 15 months.
No deductions of wages
The employer should not make any deduction from the normal and
usual daily wages of a woman entitled to maternity , merely due to the
light nature of work assigned to her ( by virtue of section 4(3)) of the
Act) or for the nursing breaks allowed to her.
Forfeiture of Maternity Benefit
If any woman, who has been allowed to go on maternity leave, works in
any other establishment for any period during the authorized leave,
then her claim to the maternity benefit for such period worked, shall be
forfeited.
Obligations of employers
Important obligations of employers under the Act are:
1) To pay maternity benefit and/or medical bonus and allow
maternity leave and nursing breaks to the woman employees, in
accordance with the provisions of the Act.
2) Not to engage pregnant women in contravention of section 4 and
not to dismiss or discharge a pregnant woman employee during the
period of maternity leave.
3) To exhibit the abstract of the provisions of the Act and the rules
made there under, in the local language, at a conspicuous place in
every part of the establishment in which women are employed.
4) To prepare and maintain the prescribed registers, records and
muster-rolls and submit the prescribed returns. Annual Return should
be submitted in the revised form.
Rights of Employers
The employer has a right to appeal against an order of the inspector to
the competent authority, within 30 days of the service of the order and
the decision of the competent authority shall be final.
Rights of Employees
Important rights of an employee are:
1) To make a complaint to the Inspector and claim the amount of
maternity benefit improperly withheld by the employer.
2) To appeal against an order of the employer depriving her of the
maternity benefit or medical bonus or dismissing or discharging her
from service, to the competent authority, within 60 days of the service
of such order.
Offence and Penalties
Offence Penalties
1) (a) failure to pay Imprisonment up to one
maternity benefit as year and fine upto
provided for under the Act. Rs.5000. ( Minimum 3
months and Rs.2000
respectively)
(b) dismissal or Imprisonment upto one
discharge of a woman year or line upto Rs. 5000
employee in contravention or both
of the Act. - As Above-
2) Failure to produce any
register or document before
the Inspector or obstructing
the Inspector.
3) Contravention of any
provision of the Act or the
rules.
