LexThe MATERNITY BENEFIT ACT, 1961
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THE MATERNITY BENEFIT ACT, 1961
THE MATERNITY BENEFIT ACT, 1961
INDEX
Sections Particulars
Introduction
1. Short title, extent and commencement
2. Application of Act
3. Definitions
4. Employment of, or work by, women prohibited dur ing
certain periods
5. Right to payment of maternity benefit
5A. Continuance of payment of maternity benefit in certain
cases
5B. Payment of maternity benefit in certain cases
6. Notice of claim for maternity benefit and paym ent thereof
7. Payment of maternity benefit in case of death of a woman
8. Payment of medical bonus
9. Leave for miscarriage, etc.
9A. Leave with wages for tubectomy operation
10. Leave for illness arising out of pregnancy, del ivery,
premature birth of child, miscarriage, medical termination
of pregnancy or tubectomy operation
11. “Nursing breaks
12. Dismissal during absence of pregnancy
13. No deduction of wages in certain cases
14. Appointment of Inspectors
15. Powers and duties of Inspectors
16. Inspectors to be public servants
17. Power of Inspector to direct payments to be m ade
18. Forfeiture of maternity benefit
THE MATERNITY BENEFIT ACT, 1961
19. Abstract of Act and rules thereunder to be ex hibited
20. Registers, etc.
21. Penalty for contravention of Act by employer
22. Penalty for obstructing Inspector
23. Cognizance of offences
24. Protection of action taken in good faith
25. Power of Central Government to give directions
26. Power to exempt establishments
27. Effect of laws and agreements inconsistent with this Act
28. Power to make rules
29. Amendment of Act 69 of 1951
30. Repeal
THE MATERNITY BENEFIT ACT, 1961
THE MATERNITY BENEFIT ACT, 1961
INTRODUCTION
The object of maternity leave and benefit is to pro tect the dignity of motherhood
by providing for the full and healthy maintenance o f women and her child when
she is not working. With the advent of modern age, as the number of women
employees is growing, the maternity leave and other maternity benefits are
becoming increasingly common. But there was no bene ficial piece of legislation
in the horizon which is intended to achieve the obj ect of doing social justice to
women workers employed in factories, mines and plantation.
ACT 53 OF 1961
With the object of providing maternity leave and be nefit to women employee the
Maternity Benefit Bill was passed by both the House s of Parliament and
subsequently it received the assent of President on 12th December, 1961 to
become an Act under short title and numbers “THE MA TERNITY BENEFIT ACT,
1961 (53 OF 1961)”.
LIST OF AMENDING ACTS
1. The Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (51 of
1970).
2. The Maternity Benefit (Amendment) Act, 1972 (21 of 1972).
3. The Maternity Benefit (Amendment) Act, 1973 (52 of 1973).
4. The Maternity Benefit (Amendment) Act, 1976 (53 of 1976).
5. The Maternity Benefit (Amendment) Act, 1988 (61 of 1988).
6. The Maternity Benefit (Amendment) Act, 1995 (29 of 1995).
THE MATERNITY BENEFIT ACT, 1961
THE MATERNITY BENEFIT ACT, 1961
(53 of 1961)
[12th December, 1961]
An Act to regulate the employment of women in cert ain establishments for
certain period before and after child-birth and to provide for maternity benefit and
certain other benefits.
Be it enacted by Parliament in the Twelfth Year of the Republic of India as
follows: —
1. Short title, extent and commencement.— (1) This Act may be called the
Maternity Benefit Act, 1961.
(2) It extends to the whole of India
1[***].
(3) It shall come into force on such date 2 as may be notified in this behalf in the
Official Gazette,—
3[(a) in relation to mines and to any other establis hment wherein persons are
employed for the exhibition of equestrian, acrobati c and other performances,
by the Central Government; and]
(b) in relation to other establishments in a State, by the State Government.
2. Application of Act.— 4[(1) It applies, in the first instance.—
(a) to every establishment being a factory, mine or plantation including any such
establishment belonging to Government and to every establishment wherein
persons arc employed for the exhibition of equestri an, acrobatic and other
performances;
(b) to every shop or establishment within the meani ng of any law for the time
being in force in relation to shops and establishme nts in a State, in which ten
or more persons are employed, or were employed, on any day of the
preceding twelve months:]
1 The words “except the State of Jammu and Kashmir” omi tted by Act 51 of 1970. Section 2 and
Schedule (w.e.f. I-9-1971).
2 1st November, 1963: vide Notification No.S.O. 2920, dated 5th October. 1963. Gazette of
India, Pt. II, Section 3, page 3735
3 Subs. by Act52of l973.Section 2 (w.e.f. 1-3-1975).
4 Subs. by Act 61 of 1988 Section 2 (w.e.f. 10-1-1989 ).
THE MATERNITY BENEFIT ACT, 1961
Provided that the State Government may, with the ap proval of the Central
Government, after giving not less than two month’s notice of its intention of so
doing, by notification in the Official Gazette, dec lare that all or any of the
provisions of this Act shall apply also to any othe r establishment or class of
establishments, industrial, commercial, agricultural or otherwise.
(2) 1[Save as otherwise provided in 2[sections 5A and 5B] nothing contained in
this Act] shall apply to any factory or other estab lishment to which the
provisions of the Employees’ State Insurance Act. 1 948 (34 of 1948), apply
for the time being.
CASE LAW
(i) The word establishment has a wide meaning and i t generally denotes a shop,
a commercial organisation or a public institution, provided that they are not
specifically exempted by the appropriate government from the applicability of
the Act; Thomas Eapen v. Assistant Labour Officer, 1993 LLR 800 (Ker).
(ii) Corporation which had employed more than a tho usand women employees, it
should have been brought within the purview of the Act so that the maternity
benefits contemplated by the Act could be extended to the women employees
of the Corporation; Municipal Corporation of Delhi v. Female Workers (Muster
Roll), AIR 2000 SC 1274.
3. Definitions. —In this Act, unless the context otherwise requires, —
(a) “appropriate Government” means, in relation to an establishment being a
mine 3[or an establishment wherein persons are employed f or the exhibition
of equestrian, acrobatic and other performances] th e Central Government
and in relation to any other establishment, the State Government;
(b) “child” includes a still-born child;
(c) “delivery” means the birth of a child;
(d) “employer” means—
(i) in relation to an establishment which is under the control of the Government a
person or authority appointed by the Government for the supervision and
1 Subs. by Act 21 of 1972. set.2. for “Nothing contain ed in this Act”.
2 Subs. by Act 53 of’1976. Section 2 (w.e.f. 1-5-1976).
3 Ins. by Act 52 of 1973, Section 4 (w.e.f. I -3-1975 ).
THE MATERNITY BENEFIT ACT, 1961
control of employees or where no person or authorit y is so appointed, the
head of the department;
(ii) in relation to an establishment under any loca l authority, the person
appointed by such authority for the supervision and control of employees or
where no person is so appointed, the chief executiv e officer of the local
authority;
(iii) in any other case, the person who, or the aut hority which, has the ultimate
control over the affairs of the establishment and w here the said affairs are
entrusted to any other person whether called a mana ger, managing director,
managing agent, or by any other name, such person;
1[(e) “establishment” means—
(i) a factory;
(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances;
2[***]
3[(iva) a shop or establishment; or]
(v) an establishment to which the provisions of this Act have been declared
under sub-section (1) of section 2 to be applicable;]
(f) “factory” means a factory as defined in clause (m) of section 2 of the
Factories Act, 1948(63 of 1948);
(g) “Inspector” means an Inspector appointed under section 14;
(h) “maternity benefit” means the payment referred to in sub-section (l)of
section 5;
4[(ha) ”medical termination of pregnancy” means the termination of pregnancy
permissible under the provisions of Medical Termina tion of Pregnancy Act,
1971.];
1 Ins. by Act 52 of 1973, Section 4 (w.e.f. I -3-1975 ).
2 Word “or” omitted by Act 61 of 1988, Section 3 (w. e.f. 10-1-1989).
3 Ins. by Act 61 of 1988, Section 3 (w.e.f. 10-1-1989 ).
4 Ins. by Act 29 of 1995, Section 2 (w.e.f. 1-2-1996) .
THE MATERNITY BENEFIT ACT, 1961
(i) “mine” means amine as defined in clause (j) of section 2 of the Mines Act,
1952 (35 of 1952);
(j) “miscarriage” means expulsion of the contents of a pregnant uter us at any
period prior to or during the twenty-sixth week of pregnancy but does not
include any miscarriage, the causing of which is pu nishable under the Indian
Penal Code (45 of 1860);
(k) “plantation” means a plantation as defined in clause (f) of sec tion 2 of the
Plantations Labour Act, 1951 (69 of 1951);
(l) “prescribed” means prescribed by rules made under this Act;
(m) “State Government” , in relation to a Union territory, means the
Administrator thereof;
(n) “wages” means all remuneration paid or payable in cash to a woman, if the
terms of the contract of employment, express or imp lied, were fulfilled and
includes—
(1) such cash allowances (including dearness allowa nce and house rent
allowance) as a woman is for the time being entitled to,
(2) incentive bonus, and
(3) the money value of the concessional supply of f oodgrains and other articles,
but does not include—
(i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or paymen t made on account of fines;
(iii) any contribution paid or payable by the emplo yer to any pension fund or
provident fund or for the benefit of the woman unde r any law for the time
being in force; and
(iv) any gratuity payable on the termination of service;
(o) “woman” means a woman employed, whether directly or through any
agency, for wages in any establishment.
4. Employment of women prohibited during certain pe riods.— (1) No
employer shall knowingly employ a woman in any esta blishment during the
THE MATERNITY BENEFIT ACT, 1961
six weeks immediately following the day of her deli very, 1[miscarriage or
medical termination of pregnancy].
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery 2[miscarriage or medical termination of
pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on
a request being made by her in this behalf, be requ ired by her employer to do
during the period specified in sub-section (4) any work which is of an arduous
nature or which involves long hours of standing, or which in any way is likely
to interfere with her pregnancy or the normal devel opment of the foetus, or is
likely to cause her miscarriage or otherwise to adversely affect her health.
(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.
5. Right to payment of maternity benefits.— 3[(1) Subject to the provisions of
this Act, every woman shall be entitled to, and her employer shall be liable
for, the payment of maternity benefit at the rate o f the average daily wage for
the period of her actual absence, that is to say, t he period immediately
preceding the day of her delivery, the actual day o f her delivery and any
period immediately following that day.]
Explanation. — For the purpose of this sub-section, the average da ily wage
means the average of the woman’s wages payable to h er for the days on which
she has worked during the period of three calendar months immediately
preceding the date from which she absents herself o n account of maternity, 4[the
minimum rate of wage fixed or revised under the Min imum Wages Act, 1948 (11
of 1948) or ten rupees, whichever is the highest].
(2) No woman shall be entitled to maternity benefi t unless she has actually
worked in an establishment of the employer from who m she claims maternity
1 Subs. by Act 29 of 1995, Section 3(a), for “or her miscarriage” (w.e.f. 1-2-1996).
2 Subs. by Act 29 of 1995, Section 3(b), for “or her miscarriage” (w.e.f. 1-2-1996).
3 Subs. By Act 61 of 1988,sec,4 (w.e.f. 10-1-1989).
4 Subs. By Act 61 of 1988,sec,4 (w.e.f. 10-1-1989).
THE MATERNITY BENEFIT ACT, 1961
benefit, for a period of not less than 1[eighty days] in the twelve months
immediately preceding the date of her expected delivery:
Provided that the qualifying period of 2[eighty days] aforesaid shall not apply
to a woman who has immigrated into the State of Assam and was pregnant at
the time of the immigration.
Explanation. — For the purpose of calculating under the sub-sectio n the days on
which a woman has actually worked in the establishm ent 1[the days for which
she has been laid off or was on holidays declared u nder any law for the time
being in force to be holidays with wages] during th e period of twelve months
immediately preceding the date of her expected deli very shall be taken into
account.
(3) The maximum period for which any woman shall be entitled to maternity
benefit shall be twelve weeks of which not more tha n six weeks shall precede
the date of her expected delivery:]
Provided that where a woman dies during this period , the maternity benefit shall
be payable only for the days up to and including the day of her death:
3[Provided further that where a woman, having been d elivered of a child, dies
during her delivery or during the period immediatel y following the date of her
delivery for which she is entitled for the maternit y benefit, leaving behind in either
case the child, the employer shall be liable for th e maternity benefit for that entire
period but if the child also dies during the said p eriod, then, for the days up to
and including the date of the death of the child.]
CASE LAW
There is nothing contained in the Act which entitle s only regular women
employees to the benefit of maternity leave and not to those who are engaged on
casual basis or on muster roll on daily wage basis; Municipal Corporation of Delhi
v. Female Workers (Muster Roll), 2000 LLR 449.
4[5A. Continuance of payment of maternity benefit in certain cases.— Every
woman entitled to the payment of maternity benefit under this Act shall,
notwithstanding the application of the Employees’ S tate Insurance Act, 1948
1 Subs. by Act 61 of 1988, Section 4, for “one hundre d and sixty days” (w.e.f. 10-1-1989)
2 Subs. by Act 61 of 1988, Section 4, for “one hundre d and sixty days” (w.e.f. 10-1-1989)
3 Subs. by Act 61of 1988, Section 4 (w.e.f. 10-1-1989 ).
4
THE MATERNITY BENEFIT ACT, 1961
(34 of 1948), to the factory or other establishment in which she is employed,
continue to be so entitled until she becomes qualif ied to claim maternity
benefit under section 50 of that Act.]
1[5B. Payment of maternity benefit in certain cases.— Every woman—
(a) who is employed in a factory or other establish ment to which the provisions of
the Employees’ Stale Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for over-ti me work) for a month
exceed the amount specified in sub-clause (b) of cl ause (9) of section 2 of
that Act; and
(c) who fulfils the conditions specified in sub-sec tion (2) of section 5, shall be
entitled to the payment of maternity benefit under this Act.]
6. Notice of claim for maternity benefit and paymen t thereof.— (1) Any
woman employed in an establishment and entitled to maternity benefit under
the provisions of this Act may give notice in writi ng in such forms may be
prescribed, to her employer, stating that her mater nity benefit and any other
amount to which she may be entitled under this Act may be paid to her or to
such person as she may nominate in the notice and t hat she will not work in
any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such no tice shall state the date from
which she will be absent from work, not being a dat e earlier than six weeks
from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give
such notice as soon as possible after the delivery.
2[(4)On receipt of the notice, the employer shall pe rmit such woman to absent
herself from the establishment during the period fo r which she receives the
maternity benefit.]
(5) The amount of maternity benefit for the period preceding the date of her
expected delivery shall be paid in advance by the e mployer to the woman on
production of such proof as may be prescribed that the woman is pregnant,
and the amount due for the subsequent period shall be paid by the employer
1 Ins. by Act 53 of 1976, Section 3 (w.e.f. 1-5-1976) .
2 Subs. by Act 61 of 1988, Section 5 (w.e.f. 10-1-198 9).
THE MATERNITY BENEFIT ACT, 1961
to the woman within forty-eight hours of production of such proof as may be
prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section s hall not disentitle a woman to
maternity benefit or any other amount under this Ac t if she is otherwise
entitled to such benefit or amount and in any such case an Inspector may
either of his own motion or on an application made to him by the woman,
order the payment of such benefit or amount within such period as may be
specified in the order.
7. Payment of maternity benefit in case of death of a woman. —If a woman
entitled to maternity benefit or any other amount u nder this Act, dies before
receiving such maternity benefit or amount, or wher e the employer is liable
for maternity benefit under the second proviso to s ub-section (3) of section 5,
the employer shall pay such benefit or amount to th e person nominated by
the woman in the notice given under section 6 and i n case there is no such
nominee, to her legal representative.
8. Payment of medical bonus. —Every woman entitled to maternity benefit
under this Act shall also be entitled to receive fr om her employer a medical
bonus of 1[two hundred and fifty rupees], if no pre-natal con finement and
post-natal care is provided for by the employer free of charge.
2[9.Leave for miscarriage, etc.— In case of miscarriage or medical termination
of pregnancy, a woman shall, on production of such proof as may be
prescribed, be entitled to leave with wages at the rate of maternity benefit, for
a period of six weeks immediately following the day of her miscarriage or, as
the case may be, her medical termination of pregnancy].
3[9A. Leave with wages for tubectomy operation,— In case of tubectomy
operation, a woman shall, on production of such pro of as may be prescribed,
be entitled to leave with wages at the rate of mate rnity benefit for a period of
two weeks immediately following the day of her tubectomy operation].
10. Leave for illness arising out of pregnancy, del ivery, premature birth of
child, 4[miscarriage, medical termination of pregnancy or t ubectomy
1 Subs. by Act 61 of 1988 Section 6, for “twenty five rupees” (w.e.f. 10-1-1989).
2 Subs. by Act 29 of 1995, Section 4 (w.e.f. 1-2-1996 ).
3 Ins. by Act 29 of 1995, Section 5 (w.e.f. 1-2-1996) .
4 Subs. by Act 29 of 1995, Section 6, for “or miscarria ge” (w.e.f. 1-2-1996).
THE MATERNITY BENEFIT ACT, 1961
operation] .—A woman suffering from illness arising out of preg nancy,
delivery, premature birth of child 1[miscarriage, medical termination of
pregnancy or tubectomy operation] shall, on product ion of such proof as may
be prescribed, be entitled, in addition to the peri od of absence allowed to her
under section 6, or, as the case may be, under sect ion 9, to leave with wages
at the rate of maternity benefit for a maximum period of one month.
11. Nursing breaks.— Every woman delivered of a child who returns to duty after
such delivery shall, in addition to the interval fo r rest allowed to her, be
allowed in the course of her daily work two breaks of the prescribed duration
for nursing the child until the child attains the age of fifteen months.
12. Dismissal during absence of pregnancy. —(1) When a woman absents
herself from work in accordance with the provisions of this Act, it shall be
unlawful for her employer to discharge or dismiss h er during or on account of
such absence or to give notice of discharge or dism issal on such a day that
the notice will expire during such absence, or to v ary to her disadvantage any
of the conditions of her service.
(2)(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 s ection 8, shall not have the
effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the
employer may, by order in writing communicated to t he woman, deprive her
of the maternity benefit or medical bonus or both.
2[(b) Any woman deprived of maternity benefit or med ical 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, wi thin sixty days from the
date on which order of such deprivation or discharg e 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 medi cal bonus, or both, or
discharged or dismissed shall be final.]
1 Subs. by Act 29 of 1995, Section 6, for “or miscarria ge” (w.e.f. 1-2-1996).
2 Subs. by Act 61 of 1988, Section 7 (w.e.f. 10-1-198 9).
THE MATERNITY BENEFIT ACT, 1961
(c) Nothing contained in this sub-section shall aff ect the provisions contained in
sub-section (1).
13. No deduction of wages in certain cases.— No deduction from the normal
and usual daily wages of a woman entitled to matern ity benefit under the
provisions of this Act shall be made by reason only of—
(a) the nature of work assigned to her by virtue of the provisions contained in
sub-section (3) of section 4; or
(b) breaks for nursing the child allowed to her under the provisions of section 11.
14. Appointment of Inspectors.— The appropriate Government may, by
notification in the Official Gazette, appoint such officers as it thinks fit to be
Inspectors for the purposes of this Act and may def ine the local limits of the
jurisdiction within which they shall exercise their functions under this Act.
15. Powers and duties of Inspectors.— An Inspector may, subject to such
restrictions or conditions as may be prescribed, ex ercise all or any of the
following powers, namely:—
(a) enter at all reasonable times with such assista nts, if any, being persons in the
service of the Government or any local or other pub lic authority, as he thinks
fit, any premises or place where woman are employed or work is given to
them in an establishment, for the purposes of exami ning any registers,
records and notices required to be kept or exhibite d by or under this Act and
require their production for inspection;
(b) examine any person whom he finds in any premise s or place and who, he
has reasonable cause to believe, is employed in the establishment:
Provided that no person shall be compelled under th is section to answer any
question or give any evidence tending to incriminate himself;
(c) require the employer to give information regard ing the names and addresses
of women employed, payments made to them, and appli cations or notices
received from them under this Act; and
(d) take copies of any registers and records or not ices or any portions thereof.
16. Inspectors to be public servants.— Every Inspector appointed under this
Act shall be deemed to be a public servant within t he meaning of section 21
of the Indian Penal Code (45 of 1860).
THE MATERNITY BENEFIT ACT, 1961
17. Power of Inspector to direct payments to be mad e.— 1[(1) Any woman
claiming that—
(a) maternity benefit or any other amount to which she is entitled under this Act
and any person claiming that payment due under sect ion 7 has been
improperly withheld;
(b) her employer has discharged or dismissed her du ring or on account of her
absence from work in accordance with the provisions of this Act, may make a
complaint to the Inspector.
(2) The Inspector may, of his own motion or on rece ipt of a complaint referred to
in sub-section (1), make an inquiry or cause an inq uiry to be made and if
satisfied that—
(a) payment has been wrongfully withheld, may direc t the payment to be made in
accordance with his orders;
(b) she has been discharged or dismissed during or on account of her absence
from work in accordance with the provisions of this Act, may pass such
orders as are just and proper according to the circumstances of the case.]
(3) Any person aggrieved by the decision of the Ins pector 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 whe re no such appeal has been
preferred shall be final.
2[(5) Any amount payable under this section shall be recoverable by the Collector
on a certificate issued for that amount by the Insp ector as an arrear of land
revenue.]
CASE LAW
Availability of this remedy i.e. appeal to prescribed authority will not bar the
aggrieved person to file a suit against the decisio n of Inspector in any court of
competent jurisdiction; Thomas Eapen v. Assistant Labour Officer. 1993 LLR 800
(Ker).
1 Subs. by Act 61 of 1988, Section 8 {w.e.f. 10-1-198 9).
2 Subs. by Act 61 of 1988, Section 8(w.e.f., 10-1-198 9).
THE MATERNITY BENEFIT ACT, 1961
18. Forfeiture of maternity benefit— If a woman works in any establishment
after she has been permitted by her employer to abs ent herself under the
provisions of section 6 for any period during such authorised absence, she
shall forfeit her claim to the maternity benefit for such period.
19. Abstract of Act and rules thereunder to be exhi bited.— An abstract of the
provisions of this Act and the rules made thereunde r in the language or
languages of the locality shall be exhibited in a c onspicuous place by the
employer in every part of the establishment in which women are employed.
20. Registers, etc.— Every employer shall prepare and maintain such regi sters,
records and muster-rolls and in such manner as may be prescribed.
1[21. Penalty for contravention of Act by employer.— (1) If any employer fails
to pay any amount of maternity benefit to a woman e ntitled under this Act or
discharges or dismisses such woman during or on acc ount of her absence
from work in accordance with the provisions of this Act, he shall be
punishable with imprisonment which shall not be les s than three months but
which may extend to one year and with fine which sh all not be less than two
thousand rupees but which may extend to five thousand rupees:
Provided that the court may, for sufficient reasons to be recorded in writing,
impose a sentence of imprisonment for a lesser term or fine only in lieu of
imprisonment.
(2) If any employer contravenes the provisions of t his Act or the rules made
thereunder, he shall, if no other penalty is elsewh ere 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 t o five thousand rupees, or
with both:
Provided that where the contravention is of any pr ovision regarding maternity
benefit or regarding payment of any other amount an d such maternity benefit
or amount has not already been recovered, the court shall, in addition,
recover such maternity benefit or amount as if it w ere a fine and pay the
same to the person entitled thereto.)
22. Penalty for obstructing Inspector.— Whoever fails to produce on demand
by the Inspector any register or document in his cu stody kept in pursuance of
1 Subs. by Act 61 of 1988, Section 9 (w.e.f. 10-1-198 9).
THE MATERNITY BENEFIT ACT, 1961
this Act or the rules made thereunder or conceals o r prevents any person
from appearing before or being examined by an Inspector shall be punishable
with imprisonment which may extent to 1[one year, or with fine which may
extend to five thousand rupees], or with both.
2[23. Cognizance of offences.— (1) 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 organis ation registered under
the Societies Registration Act, 1860 (21 of 1860) o r an Inspector, may file a
complaint regarding the commission of an offence un der this Act in any court
of competent jurisdiction and no such complaint sha ll be filed after the expiry
of one year from the date on which the offence is a lleged to have been
committed.
(2) No court inferior to that of a Metropolitan Magistr ate or a Magistrate of the
first class shall try any offence under this Act.]
CASE LAW
If any woman of a registered Trade union or of a re gistered voluntary
organisation has been denied of any of the benefits of the Act, then she has the
right to file a complaint in any court of competent jurisdiction. But this right is
subject to applicability of the Act to that establi shment under which she works;
Thomas Eapen v. Assistant Labour Officer, 1993 LLR 800 (Ker).
24. Protection of action taken in good faith,— No suit, prosecution or other
legal proceeding shall lie against any person for a nything which is in good
faith done or intended to be done in pursuance of t his Act or of any rule or
order made thereunder.
25. Power of Central Government to give directions. —The Central
Government may give such directions as it may deem necessary to a State
Government regarding the carrying into execution of the pro visions of this
Act and the State Government shall comply with such directions.
26. Power lo exempt establishments.— If the appropriate Government is
satisfied that having regard to an establishment or a class of establishments
providing for the grant of benefits which are not l ess favourable than those
1 Subs. by Act 61 of 1988, Section 10 (w.e.f. 10-1-19 89).
2 Subs. by Act 61 of 1988, Section 11 (w.e.f. 10-1-19 89).
THE MATERNITY BENEFIT ACT, 1961
provided in this Act, it is necessary so to do, it may, by notification in the
Official Gazette, exempt, subject to such conditions and restrictions, if any, as
may be specified in the notification, the establish ment or class of
establishments from the operation of all or any of the provisions of this Act or
of any rule made thereunder.
CASE LAW
The appropriate Government on being satisfied with regard to grant of a benefits,
has the power to exempt an establishment or a class of establishment, i.e.
hospitals, nursing homes and dispensaries, from the operation of all or any of the
provisions of the Act, And this exemption will rema in in force as long as it has not
been cancelled by further notification; Thomas Eapen v. Assistant Labour Officer,
1993 LLR 800 (Ker).
27. Effect of laws and agreements inconsistent with this Act.— (1) The
provisions of this Act shall have effect notwithsta nding anything inconsistent
therewith contained in any other law or in the term s of any award, agreement
or contract of service, whether made before or afte r the coming into force of
this Act:
Provided that where under any such award, agreemen t, contract of service or
otherwise, a woman is entitled to benefits in respe ct of any matter which are
more favourable to her than those to which she woul d be entitled under this
Act, the woman shall continue to be entitled to the more favourable benefits
in respect of that matter, notwithstanding that she is entitled to receive
benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construe d to preclude a woman from
entering into an agreement with her employer for gr anting her rights or
privileges in respect of any matter which are more favourable to her than
those to which she would be entitled under this Act.
28. Power to make rules.— (1) The appropriate Government may, subject to the
condition of previous publication and by notificati on in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the gen erality of the foregoing power,
such rules may provide for—
(a) the preparation and maintenance of registers, r ecords and muster-rolls;
THE MATERNITY BENEFIT ACT, 1961
(b) the exercise of powers (including the inspectio n 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 therefore in this Act;
(d) the form of notices under section 6;
(e) the nature of proof required under the provisio ns of this Act;
(f) the duration of nursing-breaks referred to in s ection 11;
(g) acts which may constitute gross misconduct for purposes of section 12;
(h) the authority to which an appeal under clause ( b) of sub-section (2) of section
12 shall lie; the form and manner in which such app eal may be made and the
procedure to be followed in disposal thereof;
(i) the authority to which an appeal shall lie agai nst the decision of the Inspector
under section 17; the form and manner in which such appeal may be made
and the procedure to be followed in disposal thereof;
(j) the form and manner in which complaints may be made to Inspectors under
sub-section (1) of section 17 and the procedure to be followed by them when
making inquiries or causing inquiries to be made un der sub-section (2) of that
section;
(k) any other matter which is to be, or may be pres cribed.
1[(3) Every rule made by the Central Government unde r this section shall be laid
as soon as may be after it is made, before each Hou se of Parliament while it
is in session for a total period of thirty days whi ch may be comprised in one
session 1[or in two or more successive sessions and if, before the expiry of
the session immediately following the session or th e successive sessions,
aforesaid] both Houses agree in making any modifica tion in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effec t, as the case may be; so,
however, that any such modification or annulment sh all be without prejudice
to the validity of anything previously done under that rule.]
29. Amendment of Act 69 of 1951).— In section 32 of the Plantations Labour
Act, 1951,—
1 Subs. by Act 52 of 1973, sec.5 (w.e.f. 1-3-1975).
THE MATERNITY BENEFIT ACT, 1961
(a) in sub-section (1), the letter and brackets “(a )” before the words “in the case
of sickness”, the word “and” after the words “sickn ess allowance” and clause
(b) shall be omitted;
(b) in sub-section (2), the words “or maternity” sh all be omitted.
30. Repeal.— On the application of this Act—
(i) to mines, the Mines Maternity Benefit Act, 194 1 (19 of 1941); and
(ii) to factories situated in the Union territory o f Delhi, the Bombay Maternity
Benefit Act, 1929 (Bombay Act VII of 1929); as in f orce in that territory, shall
stand repealed.
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