Presented By-Sakshi SinghRoll No - 73

Introduction12th December, 1961An Act to regulate the employment of

women in certain establishments for certain period before and after child-birth and to provide for maternity benefit and certain other benefits.

it enacted by Parliament in the Twelfth Year of the Republic of India as follows. –This Act may be called the Maternity

Benefit Act, 1961. It extends to the whole of India except

the State of Jammu and Kashmir.

ObjectiveIt aim to regulate the employment of women in

certain periods before and after childbirth.To provide for maternity benefits including maternity

leave, wages, bonus, nursing breaks, etc.To protect the dignity of motherhood and the dignity

of a new person by providing for full and healthy maintenance of the women and her child at this important time when she is not working.

ApplicabilityIt extends to the whole of India and

applies to

Every factory, mine or plantations (including those belonging to government).

To every shop or establishments wherein 10 or more persons employed.

HR ObligationTo pay maternity benefit and/or medical bonus and

allow maternity leave and nursing breaks to the pregnant women employees.

Not to dismiss or discharge a pregnant women employees during the period of maternity leave.

To prepare and maintain the prescribed registers, records and muster-rolls and submit the prescribed returns. Annual return should be submitted in the revised from.

Case LawA sales manager for a telecommunications company

secured a lucrative contract in Eastern Europe under which she would be paid a percentage of all sales. But before the products were shipped, she announced she was pregnant. She was terminated almost immediately with no reason given. She sued under the federal pregnancy discrimination law Title VII and several state laws. A jury awarded her $98,364. The employer lost the appeal.