The Maternity Benefit Act, 1961 – Key Vocabulary

Vocabulary flashcards highlighting essential terms, definitions and core provisions of the Maternity Benefit Act, 1961 for exam review.

Maternity Benefit Act, 1961

Indian law that regulates the employment of women before and after childbirth and provides maternity and related benefits.

Appropriate Government

Central Government for mines and performance establishments; State Government for all other establishments.

Application of Act

Covers factories, mines, plantations, performance establishments and shops/establishments with 10+ employees (unless covered by ESI Act).

Child

Includes a living or still-born child under the Act.

Commissioning Mother

A biological mother who uses her egg to create an embryo implanted in another woman (surrogate).

Delivery

The birth of a child.

Employer

Person or authority having ultimate control over an establishment, including government-appointed heads or managers.

Establishment

Any factory, mine, plantation, performance establishment, shop or other establishment to which the Act is declared applicable.

Factory

As defined in section 2(m) of the Factories Act, 1948.

Mine

As defined in section 2(j) of the Mines Act, 1952.

Plantation

As defined in section 2(f) of the Plantations Labour Act, 1951.

Inspector

Officer appointed under section 14 to enforce the Act’s provisions.

Maternity Benefit

Payment at the average daily wage for the period of a woman’s authorised maternity absence.

Medical Termination of Pregnancy

Pregnancy termination permissible under the MTP Act, 1971.

Miscarriage

Expulsion of uterine contents before or during the 26th week of pregnancy, excluding punishable acts.

Wages (for Act)

All cash remuneration, allowances, incentive bonus and value of concessional supplies, excluding overtime, non-incentive bonus, PF/ pension contributions and gratuity.

Woman (for Act)

A female employed for wages, directly or through an agency, in any establishment.

Employment Prohibition Period

No woman shall work, nor be employed, during the 6 weeks immediately after delivery, miscarriage or MTP.

Qualifying Service

At least 80 days’ actual work in the 12 months preceding the expected delivery date.

Maximum Benefit Period

26 weeks’ leave, of which max 8 weeks precede delivery (12 weeks total for women with 2+ surviving children).

Adoptive / Commissioning Leave

12 weeks’ maternity benefit from the date the child (below 3 months) is handed over.

Work-from-Home Option

Employer may permit WFH after maternity leave when job nature allows, on mutually agreed terms.

Medical Bonus

Minimum ₹1,000 (revisable up to ₹20,000) when employer provides no free pre-/post-natal care.

Leave for Miscarriage/MTP

6 weeks’ paid leave at maternity benefit rate.

Leave for Tubectomy

2 weeks’ paid leave following a tubectomy operation.

Leave for Pregnancy-related Illness

Up to 1 month’s paid leave for illness arising out of pregnancy, delivery, premature birth, miscarriage, MTP or tubectomy.

Nursing Breaks

Two paid breaks per workday for nursing until the child is 15 months old.

Crèche Facility

Mandatory for establishments with 50+ employees; woman allowed 4 visits per day, including rest interval.

Protection from Dismissal

Unlawful to discharge, dismiss or vary service conditions due to absence under the Act.

No Deduction of Wages

Employer cannot cut wages for lighter work (sec.4-3) or nursing breaks (sec.11).

Forfeiture of Benefit

If a woman works elsewhere during authorised maternity leave, she forfeits benefit for that period.

Registers & Records

Employers must maintain prescribed registers, records and muster-rolls for compliance.

Penalty for Employer

Failure to pay benefit or unlawful dismissal: 3 months–1 year imprisonment and ₹2,000–₹5,000 fine (court may reduce for reasons).

Penalty for Obstructing Inspector

Up to 1 year imprisonment or ₹5,000 fine, or both, for hindering inspection or concealing records.

Cognizance of Offences

Complaints can be filed by the aggrieved woman, trade-union official, NGO or Inspector within 1 year; tried by Metropolitan/First-Class Magistrate.

Power of Inspector to Direct Payment

Inspector may order unpaid benefits be paid and remedy unlawful dismissal; appeal lies to prescribed authority.

Power to Exempt

Appropriate Government may exempt establishments offering equal or better benefits than the Act.

Effect of Inconsistent Laws

Act overrides other laws/contracts, but women retain more favourable benefits available under any agreement.

Repeal Provision

On application of this Act, the Mines Maternity Benefit Act, 1941 and the Bombay Maternity Benefit Act, 1929 (Delhi) are repealed.