- THE MATER NITY BENEFIT

ACT, 1961
INTRODUCTION AND OBJECTIVES OF THE ACT
Women are exposed to different type of risks during their pregnancy and delivery. Due to their
physical frame, women are placed at disadvantage as compared to men. This constitutes as valid
ground for special legislation for working women. The Maternity Benefit Act, 1961 was passed to
regulate the employment of women in certain establishments for certain periods before and after child-
birth and to provide for maternity benefit and certain other benefits.
''The Maternity Benefit Act is intended to achieve the object of doing social justice to women
workers. Therefore in interpreting the provisions of this Act under the "Beneficient rule of construction,
which would enable the women worker not only to subsist but also to make her dissipated energy, nurse
her child, preserve her efficiency as a worker and maintain the level of her previous efficiency and
., output has to be adopted by the court."
The object of this act is to reduce the disparities existing in the Central Acts related to
maternity provisions. Because before the passing of the Maternity Benefit Act. 196 l .
legislations for maternity benefits was enacted in almost all the state of India. Beside these.
0ther Acts, like the Mines Maternity Benefit Act, 1941, the Employee State Insurance _4 l'f
1948, and the Plantation Labour Act, 1951 were passed.

~NT AND APPLICATION OF THE ACT

. The Act extends to whole of India and it shal1 con1e into force on such date as tnay be
·
· h'Is behalf in official gazette by Appropnate
notified lilt · t ( ~Sec . I ,:..'))
Governmen '- 1
-- •

As person (Section 2) the Act applies in the first instance :

(a) To every establishment which is a factory, mine or plantation. including any such
establishment belonging to government. and to every e stablishn1ent wherein persons
are employed for equestrain, acrobatic and other peti'ormances,
 14.
4 The Maternity Benefit Act,

(b) To every shop or establishment within the meaning of any_ law f~r time being in
-
1961

force in relation to shops and establishments in a state, m which ten or more

persons are employed, or were employed, on any day of th e preceding twelve
months.
Provisions of Section 2(i) empowers the state government to extend all or any of the
provisions of this Act to any other establishment or class of establishments whether they are
industrial, commercial, agricultural or otherwise. The state government can do so after
giving 2 months notice in the official gazette of its intention to do so and shall also take the
approval of central government.
"Section 26" empowers the appropriate government to exempt any establishment from
the operation of all or any of the provisions of the Act, provided it is satisfied that the benefits
granted by the establishment are not less favourable than those provided under this Act.
This exemption can be granted only by notification in the official Gazette and subject to
such conditions and restrictions as may be specified therein.

IMPORTANT DEFINITIONS
1. Appropriate Government [Sec. 3 (a)]

It means either the central government or the state government

(a) in relation to mines and to any other establishment wherein persons are employed
for the exhibition of equestrain, aerobatic and other performance s, the central
government; and
(b) in relation to other establishment, the state government is appropriate govemment.
(c) In relation to Union Territory the state government means the Administrator
thereof [Sec. 3 (m)J

2. Child [Sec. 3(b)]

Child includes still born child.

3. Delivery [Sec. 3 (c)]

It means the birth of a child.

4. Employer

The term 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 control <-f
employees or where no person or authority is appointed the head <l the
department;
 ------
Be_n_e_fi_t _A_ct_,_1_9_ 6~ 1~ ~- --- -- -
ternity!.-- l 4.5
rhf M~ bl.
,,.,.,.----- . t t i ·
'
.' r/~n
riil in rela t10n o an es a · rsm nem und er any local authori" · =pe rson a ·
. ' r, ppo mted by
}
· fior t ze sup ervi sion and con trol if ·
such alllIzon ty 0
emp loye es or lvh . no person is
. . .
cer (CEO ) oifrl ere
emp love d Clu e/ E :recutzv e Offi ze Iocal auth ority.
-
..
has u1tuna
:i·i) Jn an.y oth er cas e, the per son l>Vho te con trol ov rffi .
(l
affa irs are e t d er a mrs of the
establis hme nt and tvhe re the said
. n ruste . to any othe r pers on whether
..
agin
called a man age r. man agi ng drrector.- man g agent or by any other name, such
person.

_establishment [Sec. 3(e)]

5
.. ns of
to whi ch- prov1s1o
It means a factory , a mine, a plantation or · · -nt
an establishme thj,
~
Act has been declared under section 2( 1) to
be applicable.

6. Miscarriage [Sec. 3(j)]

exp ulsi on of the con tent s of a pre gna nt uten ,s at any per iod prior to or during
ft means
ing of
ty sixt h wee k of pre gna ncy but doe s not include any miscarriages, the caus
the twen
Code.
which is punishable und er the Ind ian Pen al

7. Wages [Sec. 3 (n)]

the
able in cash to a workman, if the tenns of
Wages mea ns all rem une rati on pai d or pay
·were fulfilled, wages inc lud e-
contract of employment, exp ress or imp lied
time being
(i) such cas h allo wan ces (inc ludi
ng D.A., BRA ) as a workman is for the

entitled to.
(ii) Incentive bon us
cles.
(iii) The mon ey valu e of the con cess
iona l sup ply of Foo d grains and other arti

But wages do not include :

(i) any bon us oth er than ince ntiv e
bonus.
es;
(ii) Over time ear nin gs and any ded
uction or pay men t made on account offin
I tO · pension f.und.. orp rori den t
" ·)
(lll Any con trib utio n pai d or pay able by the emp aye r an)
. I ·fi . ti1e time bemg m ·force : and
the ben efit of the wom an und er an) aH
fund or for
°'
of service.
(iv) any gratuity pay abl e on termination

8· Woman
h d' tl v or through any agency, fo r wag es
'W , irec ~
. 0man means a woman employed, whet er
in any establishment.
 The Maternity Benefit Act, 1
14.6 961

PROHIBITION OF EMPLOYMENT
~~ ~~ ~_ ::_ -= -:: ~- -- -- -- --
Employment of, or work by wo man , prohibited during certain period
(Section 4)
. f
Under Section 4 o th e Ac t , the employer is prohibited .from knowingly
.
employing any
. bl. h
woman m any esta 1s men t during the six weeks immediately followmg the day of her
. . .
. . .
delivery, m1scar nage or me ct·1ca1. termination of pregnancy. L1kew1se, a woman 1s prohibi
. ted
from working in any establishment during the period of 6 weeks [Sec. 4 (2)]
No pregnant woman shall, on a request being made by her be given any
work of the
following nature, during the period of one month immed iately preced ing
the period of six
weeks before the date of her expected delivery and during the period of 6 weeks
for which the
pregnant woman does not avail of the leave of absence under section :
(I) Any work which is of arduous nature.
(2) Any work which involves long hours of standing.
(3) Any work which is likely to inte,fe re with her pregna ncy or the norma
l development
offoetus or likely to cause her miscarriage or otherw ise advers ely affect her
health.

MATERNITY BENEFIT

'Matem ity Benefi t' means the payme nt referred to in section 5(1) of the Act.
Subject to
the provisions of this Act, every woman can avail six weeks leave preced ing
the date of her
c.'elivery and further fix weeks leave following her delivery, provid ed the
total leave period
does not exceed 12 weeks.
A woman employee is entitled to this benefit irrespe ctive of the numbe r of
children she
have although it is contrary to the family provision norms being advoca ted
by government.

RIGHT TO GET PAYMENT OF MAT ERN ITY BENEFIT

[SECTION 5]

Subject to the provisions of this Act, every woma n shall be entitled to and
her employer
shall be liable for, the maternity benefit. Matern ity Benefi t is at the rate of averag
e dail y \vage
for the period of her actual absence i.e. the period immed iately preced ing
the day of her
delivery, the day of her delivery and any period immed iately follow ing that
day.
Average Daily wage. It means the averag e of the women 's wage payab
le to her far the
days on which she has worked during the period of three calend er month
s immediately
I
The Maternity Benefit Act, 1961 14.7
t ·ty h M. .
preceding the date from which she absents herself' on accou,it oif ma erm t e mzmum
.
e Act, 1948.
. wage.fixed or revised und er the Minimum Wag

RNITY BENEFIT
CONDITIONS FOR THE PAYMENT OF MATE
re maternity benefit becomes payable to a
The following conditions must be fulfilled befo
woman worker in an establishment :
establishment of the employer from
I. The woman must have actually worked in an
od of not less than 80 days in the twelve
whom the claims mat erni ty benefit for a peri
expected delivery.
months immediately prec edin g the date of her
(i) Pro vide d that the qualifying peri od of
80 days shall not apply to a woman who has
pregnant at the time of the
immigrated into the state of Assam and was
immigration.
on which a woman has worked in the
(ii) For the purp ose of calculating the days
laid off or was on holidays declared
establishment, the days for which she has been
be holidays with wages during the
under any law for the time being in force, to
date of expected delivery shall be
peri od of 12 mon ths immediately preceding the
.
coun ted towa rds the min imu m 80 days required
shall be entitled to maternity benefit shall
2. The Maximum peri od for which any woman
shall preceede the date of her delivery.
be 12 weeks of whi ch not mor e than 6 weeks
(i) Pro vide d that whe re a woman dies duri
ng this period, the maternity benefit shall be
day of her death.
payable only for the days upto and including the
ng been delivered of a child, dies during
(ii) Provided furt her that where a woman, havi
the date of her delivery for which
her delivery or the peri od immediately following
behind in either case the child. the
she is enti tled for the mat erni ty benefit, leaving
that entire peri od but if child also
employer shal l be liable for maternity benefit for
upto and in.eluding the date of the
dies during the said period, then, for the days
death of the child.

·I tore
Case-I : B. Shah. Vs. Labour Court, Coimba
'
I

The question was whether Sundays is to be

counted in calculating the amount of
of sub-sections ( 0 and (J) of Section (S),
maternity benefit. It was held that in the context
e of seven days including Sundays and this
the term week has to be taken to signify a cycl
gets for the said period not only the amount
computation should ensure that women workers
iously entitled but: also the benefit of the
equaling 100% of the wages which she was prev
in the aforesaid two periods.
~ag es for all Sundays and rest days falling with
 14.8 The Maternity Benefit Act, 1961

CONTINUANCE OF PAYMENT OF MATERNITY BENEFIT IN

CERTAIN CASES (SECTION 5-A)
Every woman entitled to the payment of maternity benefit under this Act. Shall,
notwithstanding the application of the Employees' State Insurance Act, 1948, to the factory
or other establishment in which she is employed, continue to be so entitled until she becomes
qualified to claim maternity benefit under "section 5 of the Act."

_ Payment of maternity benefit in certain cases (section 5-8)

Every woman-
(a) who is employed in fa ctory or other establishment to which the provisions of the
Employees ' State Insurance Act, 1948 apply;
(b) whose wages (excluding remuneration for over-time work) for a month exceed f
3000, and
(c) who fulfils the conditions specified in sub-section (2) of section 5,
shall be entitled to the payment of maternity benefit under this Act.

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, to her employer, 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 the she will not work in any establishment
during the period for which she receives maternity benefit.
(2) In case of a woman who is pregnant, such notice shall state the date from l-vhich she
will be absent from work, not being a date earlier than sir weeks from the date ,f
her expected delivery.
(3) Any woman who has not given when she was pregnant may give such notice as
soon as possible after delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent hersdf
from the establishment during the period for which she receives the maternity
benefit.
(5) The amount of maternity benefit for the period preceding the date of her e:x.pected
delivery shall be paid in advance by the employer to the woman on production of
such proof as may be prescribed that the woman is pregnant, and the amount dut'
 M ternity Benefit Act, 1961
~ ll be pa id b h
l 4.9
for the sub seq uen t per iod sha Y t e employer t0 th e Woman within -rorty-
cti on of suc h o+ p ,I'
. JI
eight ho urs of pro du ~ ro 0w m ~b
e prescribed that the woman has
been del ive red of a child.
tic e un der this .
(6) The fai lur e to giv e no sec twn shall . not d'tsentz.tle a women to
am ou nt un d h.
maternity be ne fit or an y oth er .
er t zs Ac t if she is Oth erwzse entitled to
ou nt an d in an y suc h .
such ben efi t or am case an Inspector may ett. her of hzs own
de to him b th
motion or on an ap pli cat ion ma y e woma.n, ord er the
- payment of such
h pe rio d as ma b . .
am ou nt wit hin suc
benefit or Y e specified m the order.

ENT OF M ATERNITY BENEFIT IN CASE OF DEATH

PAYM OF A
WOMAN (SEC TIO N 7)
th· A d'
n ent itle d to ma te1 nit y ben efi t or any other amount under 1s ct, 1es before
If a wome · - bl .f: maternity•

efi t or am ou nt or wh ere the emplo 1s 1 e 1or

receiving such ma ter nit y ben , yer ia
efit
. .
sub -se cti on (3) of sec tio n 5, the employer shall pay such ben
benefit under the provzszon of 6 and in
no mi nat ed by the wo ma n in the notice given under section
or amount to the pe rso n
to her leg al representative.
case there is no suc h no mi ne e,

(section 8)
Payment of me dic al bo nu s
entitled to receive
n ent itle d to ma ter nit y ben efi t under this Act shall also be
Every wo ma e ,
bo nu s of ~ 100 0, if no pre -na tal confinement and post-natal car
/ from her em plo yer a me dic al
r fre e of charge.
is provided for by the em plo ye

ABSENCE OF PREGNANCY (SECTION 12)

DISMISSAL DURING
the provisions of this
en a wo ma n ab sen ts he rse lffro m work in accordance with
(1) Wh or on
un law ful for he r em plo yer to discharge or dismiss her during
Act, it sha ll be
. ·
lce oif d"zs cha rge or dismis- sal on such a dav-
give not
account of suc h ab sen ce or to any of the
. g sue h a b sence, 0 r to her disadvantage
rin
that the no tic e wi ll exp ire du .
conditions of he r ser vic e.
gnancy ' if the
t an time during her pre entitled to
. . Jd hav e been
(a) the dis cha rge or dts llll ssa1 of a woman _a . y
(2) d" h rge or d1smissal . wou tion 8 shall not have the
h
wo ma n bu t for sue ct·isc 1ab Onus referred to m sec '
f . ned ica1 bonus :
ma ter nit y ben efi t or me ica .
it o1 I
. . he r of the matem1ty bene .b d ·oss miscon.duct , th
g1
eff ect of de pn vm g . . 1 is for any prescn e of
sa icated to the woman, deprive her
Pro vid ed tha t wh ere the . dis ~~ ntm g commu h n
y, by o rd er lil w r bot
em plo ye r ma ·
djca1 bonus o
the ma ter nit y ben efi t or me
 14.10
The Maternity Benefit Act, 1961

(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
accordanc e with the provisions of this Act, may, within sixty days from the
date on which order of such deprivation or discharge or dismissal is
communic ated 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 discharge or
dismissed shall be final.

No deduction of wages in certain cases (section 13)

No deduction from the nonnal and usual daily wages of a woman entitled to maternity
benefit under the provisions of this Act shall be made by reason only of:
(b) the nature of work assigned to her by virtue of the provisions contained in sub-
section (3) of section 4; or
(c) breaks for nursing the child allowed to her under the provisions of section 11, two
breaks of the prescribed duration for nursing the child until the child attains the
age offifteen months.

LEAVE AND NURSING BREAKS

(i) Leave for miscarriage (section 9)

In case of miscarriage of 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.

(ii) Leave with wages for tubectomy operation (section 9-A)

In case of tubectomy operation, 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 two
weeks immediately following the days of her tubectomy operations.

(iii) Leave for illness arising out of pregnancy, delivery, premature birth of
child, miscarriage, medical termination of pregnancy or tubectomy operation
(section 10) :

A woman suffering from illness arising out of pregnancy , delivery; premature birth of
child [miscarriage, medical terminatio n pregnancy or tubectomy operation shall, on
production of such proof as maybe prescribed, be emit.led, in addition to the period of absence
The Maternity Benefit Act, 1961
14
se~m_a_ b~ - - - - - - - - - - - - ~~· 11__!_
:i:~e:d~t:o~h:e;r~u:n:d:e~r~s:e:ct:io:n~6Z,~o:r~,=a~s~th:e~c~a~
. b y e, under section 9 t l .
the rate of maternity enefit for a maximum pe . d Oif one month. ' o eave wtth wages at
no
Nursing Breaks (section 11)

Every woman delivered of a child who returns to duty after h d .

.
addition to the mterval for rest allowed to her be 11 d. sue ehvery shall, in
' a owe m the course of h d .
breaks of the prescribed duration for nursing the child . . er aily work two
months. unti1 the chiJd attains the age of fifteen

INSPECTORS
Appointment of Inspectors (Section 14)

The appropriate Government may, by notification in the Offi1cia · 1 Gazette, appomt• such
. .
. Inspectors
. to be for the purposes of th·Is A ct an d may defime the local
officers
. . . . fit
as 1t .thmks . .
Imuts of the JUnsd1ct1on w1thm which they · shall exerci·se thei· r f unc t·10ns un der th'1s Act.

Inspectors to be public servants (Section 16)

Every Inspector appointed under this Act shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code.

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 :
(ii) An inspector may enter at all reasonable times with such assistants, if any, being
persons in the service of the Government or any local or other public 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 examining any registers, records and
notices required to be kept or exhibited by or under this Act and require their
production for inspection.
(iii) He may examine any person whom he finds in any premises or place and ·who, he
has reasonable cause to believe, is employed in the establishment.
(iv) He may provided that no person shall be compelled under this section to answer
any question or give any evidence tending to incriminate himse(f;
(v) He may require the employer to give information regarding the names and
addresses of women employed, payments made to them, and applications or notices
received from them under this Act; and
(vi) He may take copies of any registers and records or notices or any portions there<~f
 14.12 The Maternity Benefit Act, 1961

Power of Inspector to direct payment to be made (Section 17)

( 1) Any woman claiming that-

(b) matern ity benefit or any other amount to which she is entitled under
this Act and
any person claiming that paymen t due under section 7 has been improp erly rvith
held;
(c) her employ er has dischar ged or dismiss ed her during or on accoun t of
her absence
from work in accord ance with provisi ons of this Act,
may make a compla int to the Inspector.
(2) The Inspect or may, of his own motion or on receipt of a compla int referre d to in
sub-
section (]), make an inquiry or cause an inquiry to be made and if satisfie d that
(b) paymen t has been wrongf ully withheld, may direct the paymen t to be
made in
accord ance with his orders;
(c) she has been dischar ged or dismiss ed during or on accoun t of here absenc
e for
work in accord ance with the provisi ons of this Act, may pass such orders as are just
and proper accord ing to the circum stances of the case.
(3) Any person aggriev ed by the decision of the Inspect or under sub-sec
tion (2 ) may,
within thirty days from the date on which such decision is commu nicated to such
person , appeal to the prescri bed authority.
(4) The decisio n of the prescri bed authori ty where an appeal has been preferr
ed to it
under sub-sec tion (3) or of the Inspect or where no such appeal has been preferr ed,
shall be final.
(5) Any amoun t payabl e under this section shall be recover ed by the Collect
or on a
certific ate issued for that amoun t by the Inspect or as an arrear of land revenue .

Forfeiture of mater nity benefit (Section 18)

If a woman works in any establishment after she has been permitted by her employ
er to
absent herself under the provisions fo section 6 for any period during such authori
zed
absence, she shall forfeit her claim to the maternity benefit for such period.

PENALTIES

Penalty for contra ventio n of Act by emplo yer (Section 21)

( 1) 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 which shall not be less than three months but which
The Maternity Benefit Act, 1961
14.13
may extend to one year and with fine which shall . t b I . h -- - - ------
. . . no e ess t an two thousand
rupees.
. ·d d ·
Provided that the court may, for sufficient reasons. to b-e reco1 •- .
. .. . e m wntrn g, impose
a sentence of unpnsonmen t for a lesser term or fine ur.1 · 1· f• . ·
... y rn 1eu o 1mpnsonment.
(2) If any employer contravenes the provisions· of this· Act or th e ru 1es made there
.
under, he shall, .1f no other penalty is,. elsewhere provided by or un d er t h'l ~ Act for
.
t whi'ch , extenu1 to une
such contravent10n, be purnshable with · imprisonmen
, .. may
year, or with fine which may extend to five thou sand rupees, or with both:
Provided that where the contravention is of any provision regarding maternitv
benefit or regarding payment of any other amount and such maternity benefit ;r
amount has not already been recovered, the court shall, in addition, recover such
maternity benefit or amount as if it were a fine and pay the same to the person
entitled thereto.

Penalty for obstructing Inspector (Section 22)

Section 22 penalises any person who:

(i) fails to produce on demanrt by the Inspector any register or document in his custody
kept in pursuance of this Act or the rules made thereunder or
(ii) conceals or prevents any person from appearing before or being examined by an
Inspector. The person shall be punishable, in such cases, with impri sonment which
may extent to one year, or with fine which may extend to five thousand rupees. or
with both

COGNIZANCE OF O FFENCES {SECTION 23)

Section 23 has provided that any aggrieved woman, an office-bearer of a trade union
registered under the Trade Union Act, 1926, of which such woman is a membe r ur ~l
voluntary organisation registered under the "Societies Registration Act. I860 ., or an
Inspector, may file a complaint regarding the commission of an offence unq.e r this Act in ~my
court of competent jurisdiction and no such complaint shall be filed after the expiry of one
h
year from the date on which the offence is alleged to have been comm itted. Furl er, No mun
d
inferior to that of a Metropolitan Magistrate or a Magistrate or the firSl class shall try at1
offence under this Act.

MISCELLANEOUS

Abstract of Act and rules there under to be exhibited (Section 19)

· h I· ,11•10-e
An abstract of the provisions of this Act and the rules made th~re under m t e ,mg · ·:;::,
 14.14 The Maternity Benefit Act, 1961

1
: or languages of the locality shall be exhibited in a conspicuous place by the empJoyer in
,I
• 1 every part of the establishment in which women are employ,cd.

Registered, etc (Section 20}

Every employer shall prepare and maintain such registers, records and muster-rolls and in
such manner as may be prescribed.

Protection of actions taken in good faith (Section 24)

No suit, prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Act or of any rule or
order made their under.

Power of Central Government to give directions (Section 25)

The Central Government may give such directions as it may deem necessary to a State
Government regarding the carrying into execution of the provisions of this Act and the State
Government shall comply with such directions.

POWER TO EXEMPT ESTABLISHMENTS (SECTION 26)

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 less favourable than
those 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 establishment or class of establishments from the operation of all or any of
the provisions of this Act or of any rule made there under

Effect of laws and agreements inconsistent with this Act (Section 27)

The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law or in the terms of any award , agreement or contract of
service, whether made before or after the coming into force of this Act.
Where under any such award, agreement, contract of service or otherwise, a woman is
entitled to benefits in respect of any matter which are more f avourable to her than those to
which she would be entitled underthis A ct, the woman shall co,ztinue to be entitled to the
more favourable benefits in respect of that matter, not ·with standing that she is entitled ro
receive benefits in respect of other matters under this A ct.

Power to make rules (Section 28)

(1) The appropriate Government may, subject to the condition of previous publication
The Maternity Benefit Act, 1961
_ 14.
and by notification in the Official Gazette mak ·1 + . .
. , e ru es 101 carrying out the purp
of this Act. oses
(2) In particula r and without prejudic e to the generality of th + .
. e ioregomg power such
rules may provide for : '
(a) the prepara tion and maintenance of reoisters record d
o , s an muster-rolls;
(b) the existence of powers including the inspection oif est bl" h
a is ments and the
perform ance of duties by Inspectors for the purpose of this Act;
(c) the method of paymen t of maternity benefit and other benefits under this Act in
sofor as provisio n has not been made therefore in this Act;
(d) the form of notices under section 6;
(e) any other matter which is to be, or may be prescribed.
(3) Every rule made by the Central Government under this section~ all be laid as soon
as may be after it is made, before each. "House of Parliament" while it is in session
for a total period of thirty days which may be comprised in one sess~,or in two or
'
more successi ve sessions and if before the expiry of the session immediat ely
following the session or the successive sessions, aforesaid both Houses ' ~ee in
making any modifica tion in the rule or both Houses agree that the rule should''Q.?t
made, the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be.

11 ~~ i:.r•1;i 141 ~ iI •t•l =l-i it•1~ ©

1. Define the followin g terms as used in Maternity Benefit Act, 1961 :
(a) Appropr iate Governm ent
(b) Employ er
(c) Maternity Benefit
(d) Wages
(e) Establishment .
. ,
2. What are the maternity benefits available to women \\-OI ~ , ·ker. under the Matem1ty

Benefit Act, 1961. . . •)

• d f
3. What are the powers and duties of inspectors appomte . 01 . the purpose of th1s A.ct.
• ~
. . .
4. Can an employer denrunate or discuss a, women worker during her absence trom

work arising on account of pregnancy?

5. What are the conditions for the payment of Matermt. y Benefit under Materni ty
Benefit Act, 1961? When this benefit can be forfeited?