The Maternity Benefit Act 1961 aims to regulate the employment of women during pregnancy and after childbirth. It provides for maternity leave, wages, and other benefits. Key provisions include: - Women are entitled to 26 weeks of paid maternity leave, including 8 weeks before and after delivery. - Employers cannot dismiss a woman or give her notice of dismissal during her absence on maternity leave. - Women are entitled to medical bonus of Rs. 3,500 if the employer does not provide pre-natal and post-natal care free of charge. - Employers with over 50 employees must provide childcare facilities. Women can breastfeed children under 15 months with two additional breaks per day

1. THE MATERNITY BENEFIT ACT 1961
Dr. Bhim Rao Ambedkar University Agra
Institute Of Social Science(I.S.S)
Department Of Social Work
Presented To:
Pro Dr. R. K. Bharti
Presented By:
Rishabh Garg
M.S.W-3rd Sem
Roll No.- 28

2. INTRODUCTION
 It is the act number 53 of 1961.
 It is implement on 12th Dec 1961.
 Total 30 sections in this act.
 This act is enacted on the basis of article no. 39(e)&(f) of the constitution.
 Before Passing of this act ,many acts were there for woman at state level.
 To reduce the disparity(Differences) relating to maternity provisions,
maternity benefits act,1961 came into force(Implement in 1972 in India but
not all states).
 By the end of 1972, It was made applicable to whole India union. Including
‘JK’ (Alost Implement in all states of India).
 This act was changed Drastically(many) in 1988.It was the biggest
Amendments in the act.

3. MEANING OF MATERNITY BENEFIT
 An act to regulate(control) the employment of
woman in certain establishment for certain periods
before and after child-birth and to provide for
maternity benefit and certain other benefits.
 Gives her the assurance that her rights will be looked
after while she is at home to care for her chid.

4. IMPORTANT DEFINITIONS
 CHILD:- Includes a still born child. Still born child
means a child death before birth.
 DELIVERY:- Means the birth of a child.
 COMMISSIONING MOTHER- It is a biological
mother who uses her egg in other woman to get a
child.(Amend on 27/mar/2017)
 TUBECTOMY OPERATION- Surgical procedure
which help in permanent contraception to women.

5. OBJECTIVES
 It aims to regulate the employment of women in certain
periods before and after childbirth.
 To provide for 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.
 To give the assurance that her rights will be looked after while
she is at home to take care for her child.
 To provide healthy maintenance of pregnant women employee
and her child.

6. APPLICABILITY
 It applies to every factory, mines, plantation and establishment belonging to
government and every establishment where persons are employed to
exhibition(performance) of Equestrian(Horse riding), Acrobatic(Gymnastic)
and other performance.
 Every shop/ establishment in which 10 or more workers were working on
any day in the preceding 12 months.
 State government with permission of central government can apply the
provision of this act (by giving at least 2(two) months notification in official
gazette).To any other establishment or class of establishment, Industries,
Commercial, Agriculture etc.
 The act is not applicable on any factory or other establishment to which the
provision of Employee State Insurance Act, 1948 apply.

7. RESTRICTIONS ON
EMPLOYMENT/WORK BY WOMEN
 After the-(18 months)
1. Expected date of delivery.
2. Actual date of delivery or miscarriage or medical termination of pregnancy.
 Employer do not give these types.
1. Arduous nature.(hard work )
2. Long Standing hours. (machines, plantation)
3. Any act which is likely to adversely affect her health.
 Before the expected date of delivery-(8months)
1. Neither employer give such work nor employee (woman) demand such work.
2. Arduous nature.(hard work)
3. Long Standing hours. (machines, plantation)
4. Any act which is likely to adversely affect her health or health of unborn child.

8. REASONS OF RESTRICTIONS
1. To protect her and her newly born child.
2. So that any act should not interfere with
her pregnancy or normal development of
foetus.
3. No act should be done which is
detrimental to the health of unborn child.

9. RIGHT TO PAYMENT OF MATERNITY
BENEFIT
 Calculation of maternity benefit-
calculation of average daily wages of last 3 months was worked in
establishment.
Average daily wages = Amount earned in 3 months/ Number of day in
months.
NOTE- Keep minimum wages act 1948 in mind while calculating
average.
 Maximum limit on maternity benefit is 26 weeks or 182 days or 6months.
ELIGIBILITY- Minimum 80 days worked preceding the date of expected
delivery including layoff(Government holidays or employer holiday or
company valid holidays).

10. ACTUAL DATE OF DELIVERY
WOMEN LIVE LIVE DEATH DEATH
CHILD LIVE DEATH LIVE DEATH
In the 3rd case women death and child birth maternity benefit
give but child death after the 7th day of the birth the maternity will
give till death date of the child (including death day.)

11. FORFEITURE OF MATERNITY
BENEFIT
 If the women work in her maternity benefit period in
another establishment her maternity benefit shall be
forfeits'.

12. SEC.6 NOTICE OF CLAIM FOR MATERNITY
BENEFIT AND PAYMENT THEREOF
1. Notice by employee women –
I. In writing.
II. By employee woman who wants to claim maternity
benefit.
III. To the employer from whom she wants to claim
maternity benefit.
IV. Payment to whom,
a) To her.
b) To her nominee or legal representative(Acc. to sec7).
V. She will expressly mention that she will not work in any
other establishment during the time for which she gets
maternity benefit.

13. CON...
 In that notice she will also mention the date from
which she will take maternity leave.
 Not from the date earlier than 8weeks from the
date of expected delivery.
 If notice is not given before delivery then it can
give after delivery (does not matter).
 If notice is not given at all. Even then she is
entitled to get maternity benefit.
PAYMENT OF MATERNITY BENEFIT-
a) Advance- Payment due for the period before
expected delivery.

14. PAYMENT OF MEDICAL
BONUS
 To be done by employer to women employee.
 Medical bonus is additional to maternity
benefit.
1. If no pre-natal(before birth) confinement or
post-natal care is being provided by
employer, free of charge. They will give
medical bonus of 3500 amount.
2. If the employer provides pre-natal
confinement or post-natal care to employee
women, free of charge.

15. LEAVE FOR MISCARRIAGE,MEDICAL
TERMMINATION,COMMISSIONING
MOTHER,TUBECTOMY OPERATION.
1. Eight weeks of maternity benefit in the case of
miscarriage, medical termination of pregnancy.
2. Twelve weeks of maternity benefit in the case of
commissioning mother.
3. Two weeks of maternity benefit in the case of
tubectomy operation.

16. LEAVE FOR ILLNESS ARISING OUT OF
PREGNANCY Etc.
 If the delivery is not fine means the delivery was-
i. Premature birth.
ii. Miscarriage.
iii. Medical termination of pregnancy
iv. Tubectomy operation.
After taken the maternity benefit, if women feel
ill so she can take more one month leave with
wages.

17. NURSING BREAKS
 When that woman returns to work after
delivery of child.
 Two additional breaks of 15-15 minutes for
nursing her child till her child is of the age of
15 months.
 CRECHE(BABY CARE)- Every establishment
having 50 or more employees shall have the
facility of creche.
 The employer shall allow four visits a day to
the creche by the woman which shall also
included the intervals for rest allowed to her.

18. DISMISSAL DURING ABSENCE
OF PREGNANCY
1. Employer cannot dismiss her or give notice to for her
dismissal(no discharge or dismissal of women employee), so
that there is no disadvantage being given to that pregnant
employee.
2. Even if that notice is given, she will be entitled to maternity
benefit or medical bonus due from employer. Employer is still
liable to pay maternity benefit and medical bonus.
3. If dismissal notice served to her she can appeal with in 60
days of communication of dismissal to her. To prescribed
authority in this case decision of that authority shall be final.
4. For the discharging or dismissing such a women during or on
account of her absence from work, the employer shall be
punishable with imprisonment which shall not be less
than3months, but it will extent to one year and will find, but

19. NO DEDUCTION OF WAGES IN
CERTAIN CASES
 If the women do the light work and take the additional
breaks(nursing) the employer can not reduce the women
salary.
 This is benefits provide by law, no deduction shall be made.
 Any law/agreement which is inconsistent with maternity
benefit act 1961.
o If that agreement/law gives more maternity benefits to
women employee then it is allowed.
o If that agreement/law gives less maternity benefit or no
maternity benefit to women employee then, this
agreement is not valid.
o Even if women employee is ready to accept less or no
maternity benefit. This agreement will not be valid.

20. POWERS OF INSPECTOR REGARDING
PAYMENT OF MATERNITY BENEFIT
 Employer Mischief-
1. Does not pay maternity benefit/medical bonus.
Pay is with held-
a) Employer do not give the maternity benefit/medical
bonus or both to the woman employee.
b) Employer do not give the maternity benefit/medical
bonus or both to the nominee/legal representator.
 INSPECTOR-
a) Either on his own.

21. THANK YOU
QUESTIONS ARE WELCOME