ABSTRACT OF THE MATERNITY BENEFIT ACT, 1961

1. No employer shall knowingly employ a woman during the six weeks immediately following the day of her
delivery of miscarriage medical termination of pregnancy and no woman shall work in any establishment during
the said period.

2. No pregnant woman shall on a request being made by her in this behalf be required by her employer to do
during the period of one month immediately preceding the period of eight weeks before the date of her
expected delivery and also for any period during this period of eight weeks for which she does not avail of leave
of absence any work which is of an arduous nature or which involves long hours of standing, or which is any way
is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her
miscarriage or otherwise to adversely affect her health.

3. Subject to the provisions of the Act, every woman who has actually worked in an establishment of the employer
from whom she claims, maternity benefit for a period of not less than 80 days including the days during which
she was laid off agreement or as permitted by standing orders under the Industrial Employment (Standing
Orders) Act, 1946, or under the Industrial Disputes Act, 1947, and the days on which she has been on leave with
full wages earned in the previous year or on Maternity leave or on -sick leave, shall be entitled to and her
employer shall be liable for, the payment of maternity benefit at the rate of her daily wages for the period of her
actual absence not exceeding eight weeks immediately preceding the date of her delivery and also for the
eighteen weeks immediately following the date of delivery:

Provided further that where a woman dies during the period for which maternity benefit is payable to her the
benefit shall be payable only for the days upto and including the day of her death. However, where the woman
having been delivered of a child, dies during her delivery or during the period of immediately following the date
of her delivery, leaving behind in either case the child, the employer shall be liable for the payment of maternity
 benefit for the entire period immediately following the date of her delivery but if the child also dies during the
said period, then for the days upto and including the day of the death of the child.

4. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in
advance by the employer to the woman on production of a certificate from a registered medical practitioner
stating that she is pregnant and is expected to be delivered of a child within six weeks of the date of production
of the certificate, and the amount due for the subsequent period shall be paid by the employer to the woman
within forty-eight hours of production of such certificate from a registered medical practitioner stating that she
has been delivered of a child or production of a certified extract from a Birth Register maintained under the
provisions of any law for the time being in force.

5. (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act
may give notice in writing to her employer in Form B, stating that her maternity 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 that 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 notice shall state the date from which she will be absent from
work, not being a date 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.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment
until the expiry of the remaining period of maternity benefit after the day of her delivery.

6. (1) Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer
 a medical bonus of three thousand five hundred fifty rupees, if no pre-natal, confinement and post-natal care is
provided for by the employer free of charge. The medical bonus shall be paid along with the second instalment
of the maternity benefit.
(2) In case of miscarriage or medical termination of pregnancy, a woman shall, on production of a certificate in
Form C from registered medical practitioner 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. The wages shall be paid within 48 hours
of production of the said certificate.
(3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child of miscarriage,
medical termination of pregnancy or tubectomy operation shall, on production of a certificate in Form C from
registered medical practitioner be entitled, in addition to the period of absence allowed to her on account of
maternity or miscarriage, medical termination of pregnancy or tubectomy operation, as the case may be, to
leave with wages at the rate of maternity benefit for a maximum period of one month. The wages for the leave
period shall be paid within 48 hours of the expiry of that period.
(4) In case of tubectomy operation, a woman shall, on production of such proof in Form C, be 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.

7. Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for
rest allowed to her, be allowed in the course of her daily work two breaks of 15 minutes' duration for nursing the
child until the child attains the age of fifteen months. An extra sufficient period, depending upon the distance to
be covered, shall be allowed for the purpose of the journey to and from the creche or the place where the
children are left by women while on duty, provided that such extra period shall not be less than 5 minutes and
more than 15 minutes' duration.
8. (1) When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful
for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge
or dismissal on such a day that the notice will expire during such absence, or to vary 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 which
discharge or dismissal would have been entitled to maternity benefit or medical bonus shall not have the effect
of depriving her of the maternity benefit or medical bonus:
PROVIDED that where the dismissal is for any prescribed misconduct, the employer may, by order in writing
communicate to the woman, deprive her of the maternity benefit or medical bonus or both. The misconductcs
are as follows:
i. willful destruction of goods or property;
ii. assault;
iii. serious crime resulting in a conviction in court of law;
iv. theft, fraud, or dishonesty in connection with employer's business property; and
v. deliberate tampering with safety arrangements especially if done with intent to cause harm to the
employer.
(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 the order of such deprivation is communicated to her, appeal the competent authority and his
decision on such appeal whether the woman should or should not be deprived of maternity benefit or medical
bonus or both, shall be final.
9. If a woman works in any establishment after she has been permitted by her employer to absent herself under
the provisions of the Act, she shall forfeit her claim to the maternity benefit for such period.

10. (1) Any woman claiming the maternity benefit or any other amount to which she is entitled under the Act and
any person claiming that payment due has been improperly withheld may make a complaint to the Inspector in
writing from a woman in writing.
(2) The Inspector may, of his own motion or on receipt of a complaint make an inquiry or cause an Enquiry to be
made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in
accordance with his orders.
(3) Any person aggrieved by the decision of the Inspector may, within, thirty days from the date on which such
decision is communicated to such person, appeal to the competent authority.
(4) The decision of the competent authority where an appeal has been preferred to him or of the Inspector
where no such appeal has been preferred, shall be final.

11. The failure to submit a notice, appeal or complaint in the prescribed form will not affect the right of a woman
entitled to receive maternity benefit or any other amount due under the Act. Where a notice, appeal or
complaint has been received in a form other than the prescribed form, the authority concerned shall within
fifteen days of the receipt of such notice, appeal or complaint, require the woman to submit the notice, appeal
or complaint, as the case may be in the prescribed form.