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Unit 12: The Maternity Benefit Act, 1961

12.2 Definitions Notes

In this Act, unless the context otherwise requires,–

(a) “appropriate Government” means, in relation to an establishment being a mine, or an
establishment wherein persons are employed for the exhibition of equestrian, acrobatic and
other performances, the Central Government and in relation to any other establishment,
the State Government;
(b) “child” includes a still-born child;
(c) “delivery” means the birth of a child;

(d) “employer” means–
(i) in relation to an establishment which is under the control of the Government, a
person or authority appointed by the Government for the supervision and control
of employees or where no person or authority is so appointed, the head of the
department;
(ii) in relation to an establishment under any local authority, the person appointed by
such authority for the supervision and control of employees or where no person is so
appointed, the chief executive officer of the local authority;

(iii) in any other case, the person who, or the authority which, has the ultimate control
over the affairs of the establishment and where the said affairs are entrusted to any
other person whether called a manager, managing director, managing agent, or by
any other name, such person;
(e) “establishment” means--
(i) a factory;

(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for the exhibition of equestrian,
acrobatic and other performances;

(iva) a shop or establishment; or
(v) an establishment to which the provisions of this Act have been declared under sub-
section (1) of section 2 to be applicable;
(f) “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63
of 1948);
(g) “Inspector” means an Inspector appointed under section 14;
(h) “maternity benefit” means the payment referred to in sub-section (1) of section 5;

(i) “mine” means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of
1952);
(j) “miscarriage” means expulsion of the contents of a pregnant uterus at any period prior to
or during the twenty-sixth week of pregnancy but does not include any miscarriage, the
causing of which is punishable under the Indian Penal Code (45 of 1860);

(k) “plantation” means a plantation as defined in clause (f) of section 2 of the Plantations
Labour Act, 1951 (69 of 1951;)
(l) “prescribed” means prescribed by rules made under this Act;

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