The Maternity Benefit Act, 1961

Purpose & Object
The Maternity Benefit Act, 1961 has been enacted to regulate the employment of women in certain establishments for a certain period before and after the child birth and also to provide for maternity and other benefits.
Applicability
  • Maternity Benefit Act, 1961 extends to whole of India.
  • It applies to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;
  • It also applies to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which 10 or more persons are or were employed on any day of the preceding 12 months;
  • Maternity Benefit Act, 1961 is not applicable on any factory or other establishment to which the provisions of ESI Act, 1948 apply.
Eligibity for Maternity Benifits
  • Every woman shall be entitled to maternity benefit;
  • No woman shall be entitled to maternity benefit unless she has actually worked in an establishment for a period not less than 80 days during 12 months immediately preceding the date of her expected delivery.
Maternity Benefits
  • Maternity Benefits may be claimed for a maximum period of 12 weeks - 6 weeks up to and including the day of her delivery and 6 weeks immediately following that day.
  • Maternity Benefits are calculated at the rate of Average Daily Wages for the period of her actual absence.

Services We Offer

We are Labour Law Consultants and at Rane & Associates, we provide following services in compliance to the provisions of Maternity Benefit Act, 1961:

  • Providing day to day consultancy on matters pertaining to the Act
  • Obtaining Registration of establishment under the Act
  • Assistance in determination of maternity benefit to be provide under the Act
  • Assistance to establishments in complying the provisions of the Act related to notices, disclosures, displays, facilities to be provided etc.
  • Replying / Satisfying Show Cause Notices issued by the Inspector
  • Representing the establishments before the Inspector
  • Assistance at the time of inspection and search of any premises by Inspector
  • Representing establishments at the enquiries conducted by the Inspector