Chapter: 5 The Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961

Introduction

This is the central Act. Prior to the passing of this Act, in 1961 there were in force several central and state maternity Benefit Acts In order to bring uniformity in their provisions the central Government at last passed this Act, in 1961. It gives uniform Maternity Benefits for all women workers: in Err; industries not covered by the E.S.I. Act.

With the growing industrialization and urbanization and the high cost of living, it has become necessary for every family to get a substantial amount of income to maintain the family. This has given rise to female employment in the factories. Women are employed in all types of manufacturing activities now. Earlier, their arena was only restricted to packing and light work. But now, the women form an integral part of the manufacturing process.

A woman who is employed has to manage not only the work in the office/factory but also, the domestic front. Marriage, child birth and female problems are faced by a woman simultaneously with the employment. Taking into consideration, these different problems faced by women, an Act to regulate the employment of women in certain establishments for certain periods before and after child birth and to provide maternity benefit was drawn out, which is called the Maternity Benefit Act, 1961.

This Act extends to the whole of India except to the State of Jammu and Kashmir.

The Act applies to every establishment be it a factory, mine or plantation, any establishment belonging to the Govt., persons employed for exhibition of equestrian, acrobatic and other performances, any shop or establishment or establishment in which 10 or more employees are employed for the preceding 12 months, provided that nothing contained in this Act shall apply to any factory or establishment to which the provisions of the Employees State Insurance Act, 1948 applies.

The appropriate government in respect of a mine is the Central Government whilst in the case of the exhibition of equestrian, acrobatic and other performances is the State Government.

A woman under the Act means a woman employed either directly or through any agency for wages in any establishment.

Section 3(b) defines child and includes even a stillborn child.

Wages as per Section 3a includes all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied were fulfilled and includes:

- Cash allowances (including dearness allowance and House Rent Allowanced, incentive bonus, money value of the concessional supply of food grains, but it does not include any bonus other than incentive bonus, overtime earnings and deductions made on account of fines, contribution paid or payable under pension or provident fund/ gratuity payable on termination of services.

The woman is prohibited from working in the establishment during 6 weeks immediately following the day of her delivery or her miscarriage. Furthermore, no pregnant woman shall on a request made by her, be required by her employer to do work of an arduous nature or which involves long hours of standing which is likely to interfere with her pregnancy or abnormal development of the foetus and is likely to cause miscarriage.

The employer is liable for the payment of maternity benefit at the rate of average daily wages for the period of her actual absence i.e. periods immediately preceding the day of delivery and, the actual day of her delivery and any period immediately following that day. The claim can be made for maternity benefit only if she has actually worked in the establishment for not less than 80 days out of 12 months prior to her delivery.

Any woman employed in the establishment is entitled to the benefit provided she gives a notice in writing in the prescribed form to the employer stating for benefit and any other amount which she is entitled under the Act. This payment can either be made to her or anybody whom she nominates in the notice and that she will not be able to work in the establishment till she receives her maternity benefit.

On receipt of the notice, the employer shall permit such a woman to absent herself from the establishment during the period for which she receives the maternity benefit. The amount of the benefit preceding the date of her excepted delivery shall be paid in advance by the employer to the woman on production of such proof that the woman is pregnant and the payment shall be made within 48 hours of production of such proof that the woman has delivered a child. The failure not to give such a notice shall not disentitle a woman the maternity benefit which she is entitled to.

In case the woman entitled to the benefit dies before receiving such benefit, the employer shall pay such benefit to the nominated person given by the woman in her notice for maternity benefit and in case of no nominee, it shall be paid to the legal representative.                                                 

A woman who is suffering from any illness arising out of premature birth of child, delivery, pregnancy, miscarriage shall on the production of proof be entitled to leave with wages at the rate of maternity benefit for a maximum period of one month.

Every woman who returns back to duty after such leave shall in addition to the interval for rest be allowed in the course of her daily work two breaks to nurse the child till the child attains the age of 15 months. A woman who is absent from work in accordance with the provisions of the Act shall not be dismissed or discharged from the services of the establishment on account of her absence.