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    The Maternity Benefit Act, 1961

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    Priyanka
    This document summarizes the key aspects of the Maternity Benefit Act of 1961 in India. The objectives of the Act are to regulate employment of women before and after childbirth and to provide maternity benefits. The Act applies to establishments with 10 or more employees and aims to protect motherhood by providing healthcare and income support to women during pregnancy and after delivery. Employers cannot employ pregnant women in arduous work and must provide 12 weeks of paid maternity leave, including 6 weeks before and after delivery. The Central Industrial Relations Machinery enforces the Act.

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    The Maternity Benefit Act, 1961

    Uploaded by

    Priyanka
    2K views15 pages
    This document summarizes the key aspects of the Maternity Benefit Act of 1961 in India. The objectives of the Act are to regulate employment of women before and after childbirth and to provide maternity benefits. The Act applies to establishments with 10 or more employees and aims to protect motherhood by providing healthcare and income support to women during pregnancy and after delivery. Employers cannot employ pregnant women in arduous work and must provide 12 weeks of paid maternity leave, including 6 weeks before and after delivery. The Central Industrial Relations Machinery enforces the Act.

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    The Maternity Benefit Act,1961

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    This document summarizes the key aspects of the Maternity Benefit Act of 1961 in India. The objectives of the Act are to regulate employment of women before and after childbirth and to provide maternity benefits. The Act applies to establishments with 10 or more employees and aims to protect motherhood by providing healthcare and income support to women during pregnancy and after delivery. Employers cannot employ pregnant women in arduous work and must provide 12 weeks of paid maternity leave, including 6 weeks before and after delivery. The Central Industrial Relations Machinery enforces the Act.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    2K views15 pages

    The Maternity Benefit Act, 1961

    Uploaded by

    Priyanka
    This document summarizes the key aspects of the Maternity Benefit Act of 1961 in India. The objectives of the Act are to regulate employment of women before and after childbirth and to provide maternity benefits. The Act applies to establishments with 10 or more employees and aims to protect motherhood by providing healthcare and income support to women during pregnancy and after delivery. Employers cannot employ pregnant women in arduous work and must provide 12 weeks of paid maternity leave, including 6 weeks before and after delivery. The Central Industrial Relations Machinery enforces the Act.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 15

    The Maternity Benefit

    Act,1961
    Submitted by,
    Priyanka Prasad
    B.B.A.LL.B.(HONS).
    Roll no:23

    Objective of the Act

    To regulate the employment of women in


    certain establishment for certain period before
    and after child birth.

    To

    provide for maternity benefits and certain

    other benefits.

    Requirement of the Act

    The need for Maternity Benefit Act, is to


    protect the dignity of motherhood by
    providing the complete and healthy care to the
    women and her child , when she is not able to
    perform her duty due to her health condition.

    In

    the modern world, as the participation of

    women employees is growing in every industry,


    so the need of the Maternity leave and other
    benefits are becoming increasingly common.
    Motherhood

    is one of the best time when a

    woman needs to take best care of herself so that


    she can give birth to a healthy and robust baby.

    A women

    needs to be able to give quality time to

    her child without having to worry about whether


    she will lose her job and her source of income.
    The

    Maternity Benefit Act, 1961 gives her the

    assurance that her rights will be looked after


    while she is at home to care for her child.

    Applicability of the Act


    The

    Act extends to whole of India.

    The

    Act is applicable to every factory, mine or

    plantation, and also establishments wherein


    persons are employed for the exhibition of
    equestrian, acrobatics and other performances
    (including those belonging to Government).

    The

    Act is applicable to establishments in which

    10 or more persons are or were employed on any


    day of the preceding 12 months.
    The

    Act is applicable to mines, factories, circus

    industry, plantations, shops and establishments


    employing ten or more persons except employees
    covered under the ESI Act.
    It

    can be extended to other establishments by the

    State Government.

    Enforcement authority
    The

    Central Industrial relations machinery

    (CIRM) in the Ministry of Labour is


    responsible for enforcing this Act.
    CIRM

    is an attached office of the Ministry and

    is also known as the Chief Labour


    Commissioner (Central) Organisation.

    Duty of the Employer


    No

    employer shall employ a women in any

    establishment during the 6 weeks immediately


    following the day of her delivery or
    miscarriage.

    No

    pregnant women shall do any work which is

    of an arduous nature or which involves long


    hours of standing or which in any way likely to
    interfere with her pregnancy or is likely to cause
    her miscarriage on request of the employer at the
    period of 1 month preceding the period of 6
    weeks before the date of her expected delivery.

    Eligibility for maternity benefit


    Every

    pregnant women working in any

    establishment are eligible for maternity


    benefit, provided they have served in the
    establishment for not less than 160 days in the
    12 months preceding the date of her expected
    delivery.

    However,

    if a woman is earning less than 15000,

    she may be offered ESI scheme by her employer


    and will not be eligible for maternity benefit but
    she will receive maternity benefit under the ESI.
    The

    maximum period for which any woman shall

    be entitled to maternity benefit shall be 12 weeks,


    i.e 6 weeks before her delivery and 6 weeks after
    her delivery.

    Every

    employed women shall be entitled to and

    her employer shall be liable for the payment of


    maternity benefit of the average daily wages
    (including DA, HRA, Incentives, Bonus etc.) for
    the period of her actual absence immediately
    preceding and including the day of her delivery
    for the 6 weeks immediately following that day.

    If

    a women dies during her delivery or during the

    period of 6 weeks, following the date of her


    delivery , the employer shall be liable to pay
    maternity benefit for the entire period of 6 weeks.
    If

    the child also dies during the said period, then

    the employer will be liable to pay maternity


    benefit till the day of the death of the child.

    Thank you

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