OBJECT:

The main object of the Act is to protect the dignity of the motherhood by providing maternity & certain other benefits after the child birth when she is not working. It also regulates the employment of woman in the establishment for certain period.
 

APPLICABILITY OF THE ACT:

The Maternity Benefit Act, 1961 applies in the first instance to every establishment being a factory, mine or plantation, every establishment wherein persons are employed for the exhibition of equestrian, acrobatic & other performances, every shop or establishment in which ten or more persons are employed and any such establishment belonging to the Central or State Government. (section-2)

ENFORCEMENT MACHINERY:

Chief Inspector of factories has been declared 'Competent Authority' under the Act. The officers of the factory wing of Labour Department and Welfare officer (Woman) in the State have been notified as 'Inspector' within their respective jurisdiction . (section-14&17)

No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage. (section-4)

No pregnant women shall on a request being made by her before one month of the date of her expected delivery or any period does not avail herself of leave of absence for six weeks be required by her employer to do work which is of an arduous nature or which involves long hours of standing or which in 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 adversely affect her health. (section-4)

Every employer shall be liable for the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence. i.e. the period immediately preceding the day of her delivery, the actual day of her delivery and the period immediately following that day. (section-5)

No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery. (section-5)

Any woman shall be entitled to maternity benefit for the minimum period of twelve weeks of which not more than six weeks shall precede the date of her expected delivery. (section-5)

Where a woman dies during this period the maternity benefit shall be payable only for the days up to and including the day of her death. (section-5)
 

Where a woman having been delivered a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then for the days up to and including the date of the death of the child. (section-5)

The written notice by employed woman who is entitled to maternity benefit should be given to her employer on prescribed FORM-B(MB) (section-6)

Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. (section-6)

A woman who is pregnant 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, nominate the person in case of her death, authorize any person to collect the maternity benefit. She shall not work in any other establishment during the period of leave and if found, the maternity benefit will be forfeited. (section-6)

The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer on production of proof duly issued by a Medical Officer of a regional hospital or of a dispensary set up by state Government or a Registered Medical Practitioner. (section-6)

The fact that a woman is pregnant or has delivered of a child or has undergone miscarriage or is suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall be proved by the production of certificate to that effect in FORM-C(MB) (section-6)

 
In case of miscarriage, a woman shall be entitled to leave with wages for a period of six weeks immediately following the day of her miscarriage. (section-9)

The fact that a woman has undergone miscarriage or a woman has been confined may also be proved by the production of a certificate signed by a qualified mid-wife in FORM-E(MB) (section-10)

The fact of death of a woman or a child may be proved by the production of a certificate to that effect in FORM-D(MB). (section-10)

The failure to give notice shall not disentitle a woman to maternity benefit or any other amount. (section-6)

If a woman dies before receiving such maternity benefit or amount, the employer shall pay such benefit or amount to the person nominated by the woman in the notice or her legal representative. (section-7)

Every woman entitled to maternity benefit shall be entitled to receive a medical bonus of Rs. 250/- from her employer if no pre-natal confinement or post natal care is provided for by the employer free of charge. (section-8)

The medical bonus shall be paid along with the second installment of the maternity benefit. (section-8)

A receipt for all payment shall be obtained by the employer in FORM-F(MB) from the persons to whom the payment is made. (section-8)
 

The payment of maternity benefit in case of death of a woman shall be made within two months of the date of death. (section-7)

In case the Crèche or place where children are left by women while on duty is not in the vicinity of the place of work a period upto fifteen minutes more may be allowed for the purpose of journey. (section-11)

When a woman absents herself from work in accordance with the provisions of the Maternity Benefit Act, it shall be unlawful for her employer to discharge or dismiss or to vary to her disadvantage any of the conditions of her service. (section-12)

Where the dismissal is for any prescribed gross misconduct i.e. wilful destruction of goods or property of value exceeding one hundred rupees, the nefarious immoral activities established to the satisfaction of the competent Authority serious crime 

Any woman deprived of maternity benefit or medical bonus or both, or discharged or dismissed during her absence from work may appeal to the 'competent Authority' in FORM-G(MB) within sixty days sent through registered cover or handed over personally. (section-15)

Any woman worker may make a complaint in writing in Form-H(MB) or Form-I(MB) in the case of nominee/legal representation to the 'Inspector' having their jurisdiction for claiming maternity benefit or any other amount to which she is entitled and any person claiming that payment due has been improperly withheld or her employer has discharged or dismissed her during or on account of her absence from work.(Rule-11)

The Inspector may , of his own motion or on receipt of a complaint, make an inquiry or cause an inquiry to be made and if satisfied he may pass the order(section-15)

Any person aggrieved by the decision of the 'Inspector' appeal to the 'competent Authority' within thirty days from the date on which such decision is communicated. (section-17)

The aggrieved person shall prefer an appeal in writing to the competent authority in FORM-J(MB) and file other supporting documents. (section-19, rule-12)

No Inspector shall physically examine or question any woman worker in respect of her pregnancy. (Rule-8)

In case of any doubt , the Inspector may immediately refer the case to the female registered female medical practitioner for examination and report. (Rule-8)