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 PCS, 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

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