2. Introduction
12th December, 1961
An Act to regulate the employment of
women in certain establishments for
certain period before and after child-birth
and to provide for maternity benefit and
certain other benefits.
it enacted by Parliament in the Twelfth
Year of the Republic of India as follows. –
This Act may be called the Maternity
Benefit Act, 1961.
It extends to the whole of India except
the State of Jammu and Kashmir.
3. Objective
It aim to regulate the employment of women in
certain periods before and after childbirth.
To provide for maternity benefits including maternity
leave, wages, bonus, nursing breaks, etc.
To protect the dignity of motherhood and the dignity
of a new person by providing for full and healthy
maintenance of the women and her child at this
important time when she is not working.
4. Applicability
It extends to the whole of India and
applies to
Every factory, mine or plantations
(including those belonging to
government).
To every shop or establishments wherein
10 or more persons employed.
5. HR Obligation
To pay maternity benefit and/or medical bonus and
allow maternity leave and nursing breaks to the
pregnant women employees.
Not to dismiss or discharge a pregnant women
employees during the period of maternity leave.
To prepare and maintain the prescribed registers,
records and muster-rolls and submit the prescribed
returns. Annual return should be submitted in the
revised from.
6. Case Law
A sales manager for a telecommunications company
secured a lucrative contract in Eastern Europe under
which she would be paid a percentage of all sales. But
before the products were shipped, she announced she
was pregnant. She was terminated almost
immediately with no reason given. She sued under
the federal pregnancy discrimination law Title VII and
several state laws. A jury awarded her $98,364. The
employer lost the appeal.
