The Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961, aims to regulate the employment of women in certain establishments for a specific period before and after childbirth. The Act applies to factories, mines, plantations, and other establishments where persons are employed for exhibitions or performances.

Key Provisions:

• No employer shall employ a woman during the six weeks immediately following her delivery.


• A woman is entitled to maternity benefit at the rate of her average daily wage for the period of her actual absence.


• The maximum period for which any woman shall be entitled to maternity benefit is 26 weeks, with an additional 6 weeks in case of having two or more surviving children.


• An employer must provide a medical bonus of ₹1,000 if no pre-natal and post-natal care is provided by the employer.


• The Act provides for leave with wages for miscarriage, medical termination of pregnancy, or tubectomy operation.


• Inspectors are appointed to enforce the provisions of the Act and to investigate complaints.


• Penalties for contravention of the Act include imprisonment and fines.

State Amendments:

The Assam Amendment to Section 5 of the Central Act has substituted the word "six" with "seven" in the explanation appended to sub-section (1) of section 5.