Vidhi Codex

THE MATERNITY BENEFIT ACT, 1961

The Maternity Benefit Act, 1961

Labour196135 sections

The Maternity Benefit Act, 1961, regulates the employment of women in certain establishments before and after childbirth and provides for maternity and other benefits. It applies to factories, mines, plantations, shops, and other commercial establishments employing ten or more workers. The law matters because it secures paid leave, a medical bonus, nursing breaks, and crèche facilities for working mothers, including adoptive and commissioning mothers. Crucially, it prohibits employers from assigning arduous work during pregnancy or dismissing women because of their pregnancy-related absence, thereby protecting female health, financial security, and general gender equality in the Indian workforce.

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  1. 0. Preamble
  2. 1. Short title, extent and commencement.
  3. 2. Application of Act.
  4. 3. Definitions.
  5. 4. Employment of, or work by, women prohibited during certain periods.
  6. 5. Right to payment of maternity benefit.
  7. 5A. Continuance of payment of maternity benefit in certain cases.
  8. 5B. Payment of maternity benefit in certain cases.
  9. 6. Notice of claim for maternity benefit and payment thereof.
  10. 7. Payment of maternity benefit in case of death of a woman.
  11. 8. Payment of medical bonus.
  12. 9. Leave for miscarriage, etc.
  13. 9A. Leave with wages for tubectomy operation.
  14. 10. Leave for illness arising out of pregnancy, delivery, premature birth of child
  15. 11. Nursing breaks.
  16. 11A. Crèche facility.
  17. 12. Dismissal during absence of pregnancy.
  18. 13. No deduction of wages in certain cases.
  19. 14. Appointment of Inspectors.
  20. 15. Powers and duties of Inspectors.
  21. 16. Inspectors to be public servants.
  22. 17. Power of Inspector to direct payments to be made.
  23. 18. Forfeiture of maternity benefit.
  24. 19. Abstract of Act and rules thereunder to be exhibited.
  25. 20. Registers, etc.
  26. 21. Penalty for contravention of Act by employer.
  27. 22. Penalty for obstructing Inspector.
  28. 23. Cognizance of offences.
  29. 24. Protection of action taken in good faith.
  30. 25. Power of Central Government to give directions.
  31. 26. Power to exempt establishments.
  32. 27. Effect of laws and agreements inconsistent with this Act.
  33. 28. Power to make rules.
  34. 29. Amendment of Act 69 of 1951.
  35. 30. Repeal.

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