The document summarizes the key aspects of the Maternity Benefit Act 1961 of India. It discusses provisions such as the objectives of the act to regulate women's employment during pregnancy and provide maternity benefits, cash benefits such as 84 days of paid leave and a medical bonus, and non-cash benefits like nursing breaks. It also outlines important changes introduced by the 2017 amendment including increasing paid maternity leave from 12 to 26 weeks, recognizing the rights of adopting and commissioning mothers, and mandating crèche facilities for large establishments.

1. MATERNITY
BENEFIT ACT, 1961
By
BINI B

2. INTRODUCTION
o Title : Maternity Benefit Act 53, 1961, 12 December
o Total sections : 30 sections
o Applicability of the act
o Objectives of maternity benefit
o Right of payment of maternity benefits
o Duration of Maternity Benefit
o Penalty for non-compliance
o Key Amendments
o Maternity benefit payments( cash and non cash benefit)
o The key changes include

3. MATERNITY BENEFIT ACT,
1961 (section 1)
The Maternity Benefit Act, 1961
protects the employment of women
during the time of her maternity and
entitles her of a 'maternity benefit' –
i.e. full paid absence from work – to
take care for her child. ... The act is
applicable to all establishments
employing 10 or more employees.

4. Applicability of the Act
(section 2)
o Where 10 or more workers are employed
o Every establishment being a factory, mine or plantation.
o Every establishment where persons are employed for the
exhibition of equestrian, acrobatic & other performances

5. objective
– 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.
– Gives her the assurance that her rights will be looked after while she is at
home to care for her child.

6. Eligibility required availing the
benefits of the Maternity
Benefit Act 1961
As per the details available, women working in any
organization for a minimum of 80 days in the last
year are eligible to get the Maternity Benefit. The
amount given to the pregnant women will be based
upon the daily wages that they receive while
working.
Women earning less than 15000 may be offered ESI
scheme by her employer and will not be eligible for
maternity benefit but will receive the maternity
benefit under ESI scheme.

7. Definitions ( section 3)
– Appropriate government(section
3a)
– Child ( section 3b)
– Delivery ( section 3c)
– Employer ( section 3d)
– Establishment (section 3e)
– Factory (section 3f)
– Inspector (section 3g)
– Maternity benefit (section 3h)
– Mine (section 3i)
– Miscarriage (section 3j)
– Plantation (section 3k)
– Prescribed (section 3l)
– State Government (section 3m)
– Wages (section 3n)
– Women (section 3o)

8. Employment of, or work by, women
prohibited during certain periods
(SECTION 4)
1. No employer shall knowingly employ a woman in any establishment during the
six weeks immediately following the day of her delivery
2. No woman shall work in any establishment during the six weeks immediately
following the day of her delivery
3. Without prejudice to the provisions of section 6
4. The period referred to in sub-section (3) shall be—
– (a) the period of one month immediately preceding the period of six weeks,
before the date of her expected delivery
– (b) any period during the said period of six weeks for which the pregnant
woman does not avail of leave of absence under section 6.

9. Right to payment of maternity
benefit (SECTION 5)
1. Subject to the provisions of this Act
2. No woman shall be entitled to maternity benefit unless she has actually
worked in an establishment of the employer from whom she claims maternity
benefit, for a period of not less than 4 [eighty days] in the twelve months
immediately preceding the date of her expected delivery
3. The maximum period for which any woman shall be entitled to maternity
benefit shall be 12 weeks of which not more than 6 weeks shall precede the
date of her expected delivery
– Continuance of payment of maternity benefit in certain cases(section 5A)
– Payment of maternity Benefit in certain cases (section 5B)

10. Notice of claim for maternity benefit
and payment thereof
(SECTION 6)
1. Any woman employed in an establishment and entitled to maternity benefit under
the provisions of this Act may give notice in writing in such form as may be
prescribed.
2. In the case of a woman who is pregnant
3. Any woman who has not given the notice when she was pregnant
4. On receipt of the notice
5. The amount of maternity benefit for the period preceding the date of her expected
delivery shall be paid in advance
6. The failure to give notice under this section shall not disentitle a woman to
maternity benefit

11. Payment of maternity benefit in case
of death of a woman ( SECTION 7)
– If a woman entitled to maternity benefit or any other amount under this Act,
dies before receiving such maternity benefit or amount, or where the employer
is liable for maternity benefit under the second proviso to sub-section (3) of
section 5, the employer shall pay such benefit or amount to the person
nominated by the woman in the notice given under section 6 and in case there
is no such nominee, to her legal representative.

12. – Leave for miscarriage (section 9)
a. Leave with wages for tubectomy operation( section 9a)
– Leave for illness arising out of pregnancy, delivery,
premature birth of child 1 [, miscarriage, medical
termination of pregnancy or tubectomy operation (Section
10 )

13.  Nursing breaks. (section 11)
 Dismissal during absence of pregnancy ( section
12)
 When a woman absents herself from work in
accordance with the provisions of this Act
a. The discharge or dismissal of a woman at any
time during her pregnancy if the woman but for
such discharge or dismissal would have been
entitled to maternity benefit or medical bonus
referred to in section 8, shall not have the effect
of depriving her of the maternity benefit or
medical bonus

14. b. Any woman deprived of maternity benefit or medical bonus or both, or
discharged or dismissed during or on account of her absence from work in
accordance with the provisions of this Act, may, within sixty days from the date on
which order of such deprivation or discharge or dismissal is communicated to her,
appeal to such authority as may be prescribed, and the decision of that authority
on such appeal, whether the woman should or should not be deprived of
maternity benefit or medical bonus, or both, or discharged or dismissed shall be
final.]
c. Nothing contained in this sub-section shall affect the provisions contained in
sub-section (1).

15. a
 No deduction of wages in certain cases
(section 13)
 Appointment of Inspectors (section 14)

16. Powers and duties of Inspectors
( section 15 )
– An Inspector may, subject to such restrictions or conditions as may be
prescribed, exercise all or any of the following powers, namely.
a. enter at all reasonable times with such assistants
b. examine any person whom he finds in any premises
c. require the employer to give information regarding the names and addresses
of women employed
d. take copies of any registered and records or notices or any portions thereof.

17. – Inspectors to be public servants ( section 16)
– Power of Inspector to direct payments to be made ( section 17)
1. Any woman claiming that
2. The Inspector may, of his own motion or on receipt of a
complaint referred to in sub-section (1), make an inquiry or cause
an inquiry to be made and if satisfied that—

18. – 3. Any person aggrieved by the decision of the Inspector under sub-section (2)
may, within thirty days from the date on which such decision is communicated
to such person, appeal to the prescribed authority.
– 4. The decision of the prescribed authority where an appeal has been preferred
to it under sub-section (3) or of the Inspector where no such appeal has been
preferred, shall be final.
– 5. Any amount payable under this section shall be recoverable by the Collector
on a certificate issued for that amount by the Inspector as an arrear of land
revenue.

19. – Forfeiture of maternity benefit
(section 18)
– Abstract of Act and rules thereunder
to be exhibited (section 19)
– Registers etc ( section 20)

20. Penalty for contravention of Act
by employer ( Section 21)
– If any employer fails to pay any amount of maternity benefit to a woman
entitled under this Act or discharges or dismisses such woman during or on
account of her absence from work in accordance with the provisions of this Act,
he shall be punishable with imprisonment
– If any employer contravenes the provisions of this Act or the rules made
thereunder, he shall, if no other penalty is elsewhere provided by or under this
Act for such contravention, be punishable with imprisonment which may extend
to one year, or with fine which may extend to five thousand rupees, or with
both

21. Penalty for obstructing Inspector
– Whoever fails to produce on demand by the Inspector any register or document
in his custody kept in pursuance of this Act or the rules made thereunder or
conceals or prevents any person from appearing before or being examined by
an Inspector shall be punishable with imprisonment 2 [which may extend to
one year, or with fine which may extend to five thousand rupees], or with both.

22. Cognizance of offences
(section 23)
– Any aggrieved woman, an office-bearer of a trade union registered under the
Trade Unions Act, 1926 (16 of 1926) of which such woman is a member or a
voluntary organisation registered under the Societies Registration Act, 1860 (21
of 1860) or an Inspector, may file a complaint regarding the commission of an
offence under this Act in any court of competent jurisdiction and no such
complaint shall be filed after the expiry of one year from the date on which the
offence is alleged to have been committed.
– (2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the
first class shall try any offence under this Act].

23. – Protection of action taken in good faith ( section 24)
– Power of central government to give directions ( section 25)
– Power to exempt establishment ( section 26 )
– Effect of laws and agreements inconsistent with this Act
(Section 27)

24. Power to make rules
( section 28)
– The appropriate Government may, subject to the condition of previous
publication and by notification in the Official Gazette, make rules for carrying
out the purposes of this Act.
– In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for
a. the preparation and maintenance of registers, records and muster-rolls;
b. the exercise of powers (including the inspection of establishments) and the
performance of duties by Inspectors for the purposes of this Act;
c. the method of payment of maternity benefit and other benefits under this Act
in so far as provision has not been made therefor in this Act;

25. – (d) the form of notices under section 6;
– (e) the nature of proof required under the provisions of this Act;
– (f) the duration of nursing breaks referred to in section 11;
– (g) acts which may constitute gross misconduct for purposes of section 12;
– (h) the authority to which an appeal under clause
– (i) the authority to which an appeal shall lie against the decision of the
Inspector
– (j) the form and manner in which complaints may be made to Inspectors
– (k) any other matter which is to be, or may be, prescribed.

26. The amendments to the
Maternity Benefit Act, 1961 are
as follows (in Brief)
• Maternity Benefit for women gets increased
from 12 weeks to 26 weeks for the women
having two surviving children.
• ‘Commissioning mother’ and ‘Adopting mother’
Will get the benefit of 12 weeks maternity leave
• Organizations will also facilitate work from
home conditions
• Mandatory provision of Creche when
introduced organizations having more than 50
employees

27. Justification of the
amendments to the Maternity
Benefit Act, 1961 are as follows:
 For every child, it is important to have proper
maternal care
 having proper maternal care is very important for the
growth and development of a child
 The enhancement of Maternity Benefits to 24 weeks
has been recommended by the 44th, 45th, and 46th
Indian Labour Conference
 Ministry of Women & Child Development has also
given a proposal to increase the maternity leave up to
08 months.

28. The Maternity (Amendment)
Bill 2017
AnRajya Sabha on August 11, 2016; in Lok Sabha on March 09,
2017, and received an assent from Hon’ble President of India on
March 27; 2017.The provisions of The Maternity Benefit
(Amendment) Act, 2017 are effective from April 1, 2017. However,
provision on crèche facility (Section 11 A) shall be effective from
July 1, 2017. amendment to the Maternity Benefit Act, 1961, was
passed in
The key provisions brought in by the Amended Act enhances the
maternity leave period besides introducing several compliances for
companies. We have set out the key aspects as follows:

29. Key amendments
 Enhancement of the maternity leave
 Adoption Leave
 Work from home option
 Mandatory crèche facility
 Medical bonus
 Obligation of the Employer

30. Enhancement of the
maternity leave
Paid maternity leave for women
employees working in any establishment,
with 10 or more employees, has been
increased from 12 weeks to 26 weeks.
Further, not more than 8 weeks of leave
to the women employee shall precede
the date of her expected delivery. The
enhanced maternity leave will not apply
to a mother of two or more children and
such women employees will be eligible
to only paid maternity leave for 12 weeks
(of which not more than 6 weeks shall
precede the date of her expected
delivery).

31. Adoption Leave
The Amended Act introduces 12
weeks of maternity leave to
commissioning mothers[1] who use a
surrogate to have a child as well as to
working women adopting a baby
below the age of three months

32. Introduction of Work from Home option
– Work from home” option
post 26 weeks of the
maternity leave for nursing
mothers may be considered
by the employer, subject to
the job profile and on terms
mutually agreed between
the employer and the
concerned woman
employee.

33. Mandatory crèche facility
– All establishments having 50 or more employees are mandated to provide a facility, either separately or
along with other facilities offered in the office premises. The concerned women employee has to be
permitted four visits a day to the crèche during work hours. Such visits shall include the woman
employee’s rest interval. This provision alone will come into effect from July 1, 2017.

34. PAYMENT OF Medical bonus
(Section 8)
– The medical bonus
of Rs. 2,500 – 3,500
that is entitled to be
paid to eligible
women employees
remains unchanged.

35. Obligation of the Employer
– The Employer is required to notify to every woman employee
the maternity benefits and the company policy in writing and
electronically. Practically, companies can consider to
incorporate these provisions in their employee
handbooks/HR Manuals

36. Maternity Benefit Payments

37. Maternity Benefit Payments
CASH BENEFITS
– 84 Days Leave with pay before/after delivery.
– A medical bonus of Rs. 1000/-
– Take the pay for 6 weeks after/before child birth within
48 hrs of request
– An additional leave with pay up to one month
– In case of miscarriage six weeks leave with average pay
– Tubectomy operation: leave with wages@ of maternity
benefit for a period of 2 weeks.
NON- CASH BENEFITS
– Light work for 10 weeks( 6 weeks plus 1 month) before
delivery.
– 2 Nursing breaks of 15 minutes until the child is 15
months old
– No discharge or dismissal while on maternity leave.
– No charge to her disadvantage in any conditions of her
employment while on maternity leave
– Pregnant women discharge may still claim maternity
benefit from employer.

38. The key changes include
– (i) increased paid maternity leave from 12 weeks to 26 weeks for women
employees, unless they have two or more surviving children;
– (ii) recognition of the rights of an adopting mother and of a commissioning
mother (using a surrogate to bear a child) for the first time, who may claim paid
maternity leave for 12 weeks;
– (iii) a “work from home” option that may be of benefit after the maternity
leave expires;
– (iv) and, effective as of the 1st of July, 2017, mandatory crèche (day care)
facilities for every establishment employing 50 or more employees, including
the right of mothers to visit the crèche four times per day.

39. CONCLUTION
After analyzing various provisions of the Act, it can be concluded
that maternity benefit act, 1961 is a boon for the working women
in the sense that they don’t have job insecurity during their
maternity period.
This act regulate the employment of women & provide maternity
& other benefits of them.