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Unit 12: The Maternity Benefit Act, 1961

The Act has been amended from time to time. The Amendment of 1972 provides that in the event Notes
of the application of the Employees’ State Insurance Act, 1948 to any factory or establishment,
maternity benefit under the Maternity Benefit Act would continue to be available to women
workers, until they become qualified to claim similar benefit under Employees’ State Insurance
Act.
Again, in 1973 the Act was amended so as to bring within its ambit establishments in the circus
industry. A 1976 amendment further extends the scope of the Act to the women employed
in factories or establishments covered by the ESI Act, 1948 and in receipt of wages exceeding
entitlement specified in that Act.
The Act was again amended in 1988 to incorporate the recommendations of a working group of
Economic Administration Reforms Commission. The Act was extended to shops or establishments
employing 10 or more persons.

Did u know? The rate of maternity benefits was enhanced and some other changes were
introduced. The Amendment of 1995 further expanded the coverage of the Act and
recognized the medical termination of pregnancy and provided incentives for family
planning.
Maternity Benefit (Amendment) Act, 1995 provides that there shall be a six weeks leave with
wages in case of medical termination of pregnancy, two weeks leave with wages to women
employees who undergo tubectomy operation and one month leave with wages in cases of illness
arising out these two. By an amendment in 2008 the existing ceiling of maternity benefit was
increased from ` 250 to ` 1000. The Central Government is empowered to increase the medical
bonus from time to time subject to a maximum of ` 20, 000.
The Maternity Benefit Act aims to regulate the employment of women in certain establishments
for certain periods before and after childbirth. It also provide for maternity benefits including
maternity leave, wages, bonus, nursing breaks etc. This Act protects the dignity of motherhood
and the dignity of a new person’s birth by providing for the full and healthy maintenance of the
women and her child at this important time when she is not working.

Self Assessment

State whether the following statements are true or false:

7. The Act extends to the whole of India.
8. The Act was extended to shops or establishments employing 20 or more persons.
9. The Central Government is empowered to increase the medical bonus from time to time
subject to a maximum of ` 15,000.

12.4 Applicability and Coverage of this Act

The Act extends to the whole of India and applies to every establishment, factory, mine or
plantation, including any such establishment belonging to the government and to every
establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other
performances. The Act was brought into force in mines with effect from 1st November 1963,
after repealing the Mines Maternity Benefit Act, 1941. The State government may extend all or
any of the provisions of the Act to any other establishment or class of establishments, industrial,
commercial, agricultural or otherwise.

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