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Unit 12: The Maternity Benefit Act, 1961

under the Employees’ State Insurance Act, 1948. It can be extended to other establishments by Notes
the State Governments. The purpose of this Unit is to enable the students to comprehend basic
expressions. At the end of this unit you should be able to understand various concepts regarding
the Maternity Benefit Act.
12.1 Genesis of the Act

The Convention of “Protection of Motherhood” adopted in 1919 was the earliest among the
ILO Conventions. In 1921, the Government of India reported that it was not possible to adopt
the Convention passed in 1919 due to various reasons. A Bill was brought before the Central
Legislative Assembly by a private member in 1924; urging the Government to make it compulsory
for the employers to provide maternity benefit to women workers. However, the Bill was opposed
by the government on the ground that the need for such a Bill was not felt and that if legislation
was passed to that effect, it might have adverse repercussions on the employment of women.
The Royal Commission on Labour, in its recommendations, also stressed the need for suitable
maternity legislation, at least for women employed permanently in non seasonal factories. As the
Government of India was slow to ‘act on these recommendations, the provincial governments
took the lead. The Government of Bombay passed the Maternity Benefit Act, way back in 1926. It
was followed by Central Provinces, Madras, U.P., Bengal and some other provinces. The period
of leave, the quantum of benefit and the qualifying conditions varied slightly from province. With
a view to reducing the disparities relating to maternity protection under different provincial or
State enactments, the Central Government passed the Maternity Benefit Act in 1961.
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) [CLC(C)] Organisation. The CIRM is headed by the Chief Labour
Commissioner (Central).

12.1.1 Main Provisions

The main provisions of the Act are:-

l z No employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery or her miscarriage. Also, no woman shall
work in any establishment during the six weeks immediately following the day of her
delivery or her miscarriage.
l z Every woman shall be entitled to, and her 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
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day. The ‘average daily wage’ means the average of the
woman’s wages payable to her for the days on which she has worked during the period of
three calendar months immediately preceding the date from which she absents herself on
account of maternity, or one rupee a day, which ever is higher.

l z No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit, for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery. For the purpose of calculating the days on which a woman
has actually worked in the establishment, the days for which she has been laid off during
the period of twelve months immediately preceding the date of her expected delivery shall
be taken into account.
l z The maximum period for which any woman shall be entitled to maternity benefit shall be
twelve weeks, that is to say, six weeks up to and including the day of her delivery and six
weeks immediately following that day.

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