SectionsParticulars
1Short title, extent and commencement
(1) This Act may be called the Maternity Benefit Act, 1961. (2) It extends to the whole of India. l[* * *] (3) It shall come into force on such date2 as may be ...
2Application 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 governmen...
3Definitions In this Act, unless the context otherwise requires
(a) "appropriate government" means, in relation to an establishment being a mine, 7[or an establishment where in persons are employed for the exhibition of eq...
4Employment of, or work by women prohibited during certain periods
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, 11[miscarriage or medi...
5Right to payment of maternity benefits
4[(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 r...
5AContinuance 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' State Insurance Act, 1948 (3...
5BPayment of maternity benefit in certain cases
Every woman- (a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply; ...
6Notice of claim for maternity benefit and payment thereof
(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 b...
7Payment of maternity benefit in case of death of a woman
If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is ...
8Payment of medical bonus
Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus, of 17[two hundred and fifty rupe...
9Leave 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 ...
9ALeave with wages for tubectomy operation
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 ben...
10Leave for illness arising out of pregnancy, delivery, premature birth of child, 19[miscarriage, medical termination of pregnancy or tubectomy operation]
A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, [miscarriage, medical termination of pregnancy or tubectomy oper...
11Nursing breaks
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 ...
12Dismissal 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 her du...
13No deduction of wages in certain cases
No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of- ...
14Appointment 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 ...
15Powers and duties of Inspectors
An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely:- (a) enter at all reaso...
16Inspectors to be public servants
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 (45 of 1860). ...
17Power of Inspector to direct payments to be made
4[(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...
18Forfeiture of maternity benefit
If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during s...
19Abstract of Act and rules thereunder to be exhibited
An abstract of the provisions of this Act and the rules made thereunder in the language or languages of the locality shall be exhibited in a conspicuous place...
20Registers, etc.
Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed. ...
21Penalty for contravention of Act by employer
(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 accoun...
22Penalty for obstructing Inspector
Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance of this Act or the rules made thereunder or conc...
23Cognizance 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 volu...
24Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of t...
25Power 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 provisions of this...
26Power to 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 n...
27Effect of laws and agreements inconsistent with this Act
(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agre...
28Power to make rules
(1) The appropriate government may, subject to the condition of previous publication and by notification in the Official Gazette, make rules for carrying out ...
29Amendment of Act 69 of 1951
In section 32 of the Plantations Labor Act, 1951- (a) in sub-section (1), the letter and brackets "(a)" before the words "in the case of sickness", the word "a...
30Repeal
On the application of this Act- (i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and (ii) to factories situate in the Union territory of Delhi...
Maternity Benefit (Mines And Circus) Rules, 1963
1Short title and commencement
(1) These rules may be called the Maternity Benefit (Mines and Circus) Rules, 1963. (2) They shall come into force on the 1st November, 1963. ...
2Definitions
In these rules, unless the context otherwise requires- (a) the "Act" means the Maternity Benefit Act, 1961 (53 of 1961); (aa) "circus" means an establishment w...
3Muster-roll
(1) The employer of every mine or circus in which women are employed shall prepare and maintain a muster-roll in Form 'A' and shall enter therein particulars ...
4Proof
(1) The fact that a woman is pregnant or has been delivered of a child 2[or has undergone miscarriage or medical termination of pregnancy or tubectomy operati...
5Payment of maternity and other benefit
(1) A woman employed in a mine or circus and entitled to maternity benefit shall give notice to her employer in Form 'E' and the employer shall make payment o...
6Break for nursing child
Each of the two breaks mentioned in section 11 shall be of 15 minutes' duration. An extra sufficient period, depending upon the distance to be covered, shall ...
7Duties and powers of the competent authority and Inspectors
(1) The competent authority shall be responsible for the administration of these rules throughout the territories to which they extend. (2) Every Inspector sha...
8Acts which constitute gross misconduct
The following acts shall constitute gross misconduct for purpose of section 12, namely,- (a) willful destruction of employer's goods or property; (b) assaultin...
9Appeal under section 12
(1) An appeal under section l2 (2) (b) shall be preferred to the competent authority in Form 'G' (2) The appeal may be made in writing and either handed over ...
10Complaint under section 17
(1) A complaint under section l7(1) shall be made in writing in Form 'H', or 'I' as the case may be. (2) When a complaint referred to in section l7 is received...
11Appeal under section l7
(1) An appeal against the decision of the Inspector under section 17(2), shall lie to the competent authority. (2) The aggrieved person shall prefer an appeal ...
12Supply of forms
The employer shall supply to every woman employed by him at her request free of cost copies of Forms 'B', 'C', 'D', 'E', 'F', 'G', 'H' and 'I'. ...
13Non-submission of notices, appeals or complaints in the prescribed forms
Nothing in rules 5, 9 and 10 shall affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act if she fails to sub...
14Records
Records kept under the provisions of the Act and these rules shall be preserved for a period of two Years from the date of their preparation. ...
15Abstract
The abstract of the provisions of the Act and these rules required to be exhibited under section 19 shall be in Form 'K' and shall be exhibited in such manner...
16Annual returns
(1) The employer of every mine or circus shall on or before the 21st day of January in each year submit to the competent authority a return in each of the For...
Form AMuster-Roll
[Rule 3] Name of mine or circus 1. Serial number 2. Name of woman and her father's (or, if married, husband's) name 3. Date of appointment 4. Nature of work 5....
Form BMedical Certificate
[Rule 4(1)] This is to certify that I examined ____________ wife/daughter of ____________ a woman employee in __________ (name of 3[mine or circus]) on ______...
Form CDeath Certificate
[Rule 4(4)] This is to certify that Smt. ____________ wife/ daughter of ___________ employed in _________ (name of 3[mine or circus]) expired on _________ bef...
Form DCertificate Of Delivery/Miscarriage
[Rule 4(5)] This is to certify that I examined _________ wife/daughter of ____________ a woman employed in _________ (name of 3[mine of circus]) and found tha...
Form ENotice Under Section 6 Of The Maternity Benefit Act, 1961 For Proceeding On Maternity Leave
[Rule 5(1)] To ___________________ (name of mine or circus) I _________ (name of woman) wife/ daughter of ___________ employed as _______ at ______ (name of mi...
Form FReceipt Of Maternity Benefit
[Rule 5(3)] To ___________________ (name of mine or circus). I, __________, the undersigned, a woman employee/ the nominee of ________ woman employee/ legal re...
Form GAppeal
[Rule 9] To The Competent Authority (Appointed under the Maternity Benefit Act, 1961) ________ (Address) Sir, I, ______, the undersigned, woman employee of ____...
Form HComplaint
[Rule 10] To The Inspector, (Under the Maternity Benefit Act, 1961) Sir, I ______ (name of woman) employed in _________ (name and full address of 3[mine or cir...
Form IComplaint
[Rule 10] To The Inspector (Under the Maternity Benefit Act, 1961) I, ______ (name), a person nominated under section 6 by or a legal representative of _____ (...
Form JAppeal Under Section 17
[Rule 11] To Sir, Shri ______, Inspector, having directed under sub-section (2) of section 17 to pay the maternity benefit or other amount being _______ (natur...
Form KAbstract Of The Maternity Benefit Act, 1961, And The Rules Made Thereunder
[Rule 15] 1. No employer shall knowingly employ a woman during the six weeks immediately following the day of her delivery of miscarriage / 3[medical terminat...
Form LAnnual Return For The Year Ending On The 31st December, 20....
[Rule 16] 1 .Name of the mine or circus 2. Situation of the mine of circus Mauza District State Nearest Railway Station 3. Date of opening of the mine or circu...
Form MEmployment, Dismissal, Payment Of Bonus, Etc., Of Women For The Year Ending On 31st December, 20......
[Rule 16] 1. Name of the mine or circus 2. Aggregate number of women permanently or temporarily employed during the year 3. Number of women who worked for a p...
Form NDetails Of Payment Made During The Year Ending 31st December, 20...
[Rule 16] Name of person to whom paid Amount paid 1. Date of payment 2. Woman employee 3. Nominee of the woman 4. Legal representative of the woman 5. Amount f...
Form OProsecution During The Year Ending 31st December, 20....
[Rule 16] Place of employment of the woman employee Number of case instituted Number of cases which resulted in conviction Remarks         (For mines) N.B.-...
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