Maternity Benefit Act,1961

By:Rupal LalaRoll No. 6

Introduction• THE MATERNITY BENEFIT ACT, 1961• ACT NO. 53 OF 1961• [12th December, 1961]

“An Act to regulate the Employment of Women in certain establishments for certain periods before and after child-birth and to provide for Maternity Benefit and certain other benefits.”

Objective

• To protect the dignity of Motherhood by providing complete and healthy care to women and her child when she is unable to perform her duty.

• To give the assurance that her rights will be looked after while she is at home to take care for her child

Applicability • The act extends to whole of India except the state of Jammu

and Kashmir.• It applies to every establishment be it a Factory, Mine or

Plantation including those belonging to Government .• It applies to every establishment wherein persons are employed

for the Exhibition of Equestrian, Acrobatics and other Performances.

• It also applies to every Shop or Establishment in which 10 or more persons are or where employed on any day of the preceding 12 months.

• The act is not applicable on any factory or other establishment to which the provision of Employee State Insurance Act,1948 apply.

Who is Eligible?• Every women shall be entitled to Maternity Benefits by her Employer and

the Payment at the Rate of the Average Daily Wages for the period of her Actual Absence.

• Woman who has worked in any establishment for a period not less than Eighty Days in the Twelve Months immediately preceding the date of her expected delivery.

• Woman earning less than 15,000 may be offered ESI Scheme by her Employer and will not be entitled for Maternity Benefit.

• Woman falling under section 5A are Exceptions and by under section 5(2) they are entitled for Maternity Benefits if she has worked for the period of Seventy days in Twelve Months immediately preceding the date of her expected delivery.

What should be done by Employee?

• She should give Notice in writing in the Prescribed Form that her maternity benefit may be Paid to Her or to Her Nominee.

• She should notify that she will Not Work in any Establishment during the period for which she Receives Maternity Benefit.

• She has to inform about her Absence from work from the Date which shall not be Earlier than 6 weeks before the date of her expected delivery.

• The notice may be given during the pregnancy or as soon as possible, after the delivery.

 

Cash Benefits • Payment of Maternity Benefit in case of Death of a Woman:The amount or benefits shall be given to the Person Nominated by the woman and in case there is No such Nominee, to her Legal Representative.

• Payment of Medical Bonus:The medical bonus of Two Hundred and Fifty Rupees is to be given by Woman’s Employer .

• Leave for Miscarriage, etc. : The woman after producing the proof is entitled to Leave with Wages at the Rate of Maternity Benefit, for a period of Six Weeks immediately following the day of her miscarriage

• Leave with Wages for Tubectomy Operation :In this case the woman after producing the proof is 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.

• Leave for Illness arising out of Pregnancy, Delivery, Premature Birth of Child, [Miscarriage, Medical Termination of Pregnancy or Tubectomy operation]:

In this case after producing proof she will be entitled in Addition to the Period of Absence Allowed, to Leave with Wages at the Rate of Maternity Benefit for a Maximum period of One month.

Non-Cash Benefits• Nursing Breaks: She will be entitled in Addition to the Interval for Rest Allowed to her, be Allowed Two Breaks of prescribed duration for Nursing the child until the child attains the age of Fifteen Months. • No Discharge or Dismiss while on Maternity Leave.• No Deduction of Wages in case of Breaks for Nursing the

Child.• Light Work for 10 weeks (6 Weeks plus 1 Month)before

delivery.

Duties and Penalty for Employer

• Record Management : Every employer need to Prepare and Maintain Registers, Records and Muster-Rolls as may be prescribed.

• Penalty for Contravention of Act by Employer.- If any Employer Fails to Pay any amount of Maternity Benefit or Discharges or Dismisses the Woman who is entitled under this Act, He shall be Punishable with Imprisonment up to 1 year and Fine up to Rs.5000.The Minimum being 3 Months and Rs.2000 respectively.

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