MATERNITY BENEFIT ACT

1961

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Apprentices Act , 1961 Apprenticeship Rules , 1992 Boilers Act , 1923 Building Contruction Workers Act , 1996 Building Contruction Workers Cess Act , 1996 Building Contruction Workers Cess Rules , 1998 Child Labour Act , 1986 Code on Wages Act , 2019 Contract Labour Act , 1970 Dangerous Machines Act , 1983 Dangerous Machines Rules , 1984 EDLIS Scheme , 1976 Employees Compensation Act , 1923 Employees Pension Scheme , 1995 Employees Provident Fund Scheme , 1952 Employers Liability Act , 1938 Employment Exchanges Act , 1959 Employment Exchanges Rules , 1960 Equal Remuneration Act , 1976 Equal Remuneration Rules , 1976 ESI (Central) Rules , 1950 ESI (General Provident Fund) Rules , 1950 ESI (General) Regulations , 1950 ESI Act , 1948 Exemptions From Registers and Returns Act , 1988 Factories Act , 1948 Fatal Accidents Act , 1855 Gratuity Act , 1972 ID (Banking and Insurance Companies) Act , 1949 Industrial Disputes Act , 1947 Industrial Relations Code , 2020 Industrial Relations Code , 2020 Inter-State Migrant Workmen Act , 1979 Manipur Minimum Wage Rules , 1961 Maternity Benefit Act , 1961 Mines Act , 1952 Minimum Wages Act , 1948 Motor Transport Workers Act , 1961 Occupational Safety and Working Conditions Code , 2020 Payment of Bonus (Amendment) Act , 1995 Payment of Bonus Act , 1965 Payment of Bonus Rules , 1975 Payment of Wages (Air Transport Services) Rules , 1968 Payment of Wages Act , 1936 Payment of Wages Nomination Rules , 2009 Payment of Wages Recovery Rules , 1966 PF Act , 1952 Plantations Labour Act , 1951 Prevention of Food Adulteration Rules , 1955 Prevention of Sexual Harassment Act , 2013 Prevention of Sexual Harassment of Women Rules , 2013 PSARA , 2005 PSARA Rules , 2020 Sales Promotion Employees Act , 1976 Sales Promotion Employees Rules , 1976 Social Security Code , 2020 Standing Orders Act , 1946 Trade Unions Act , 1926 Transgender Persons Act , 2019 Unorganised Workers Social Security Act , 2008 Unorganised Workers Social Security Rules , 2009 Weekly Holidays Act , 1942 Working Journalists Act , 1955 Working Journalists Rates of Wages Act , 1958 Working Journalists Rules , 1957

Definitions

Section Term Definition
2A Appropriate Government In relation to an establishment being a mine ,[ or an establishment wherein person are employed for the exhibition of equestrian, acrobatic and other performances] the Central Government and in relation to any other establishment. The State Government:
2B Child "child" includes a still-born child
2C Delivery The birth of a child
2D Employer (i) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department

(ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed the chief executive officer of the local authority

(iii) in any other case, the person who, or the authority which has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
2E Establishmenth (i) a factory

(ii) a mine

(iii) a plantation

(iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performance

(iv-a) a shop or establishment

(v) an establishment to which the provisions of this Act have been declared under sub-section (1) of Section 2 to be applicable
2F Factory A factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948)
2G Inspector An Inspector appointed under Section 14
2H Maternity benefit The payment referred to in sub-section (1) of section 5
2HA Medical termination of pregnancy The termination of pregnancy permissible under the provisions of the Medical Termination of Pregnancy Act, 1971.
2I Mine A mine as defined in clause (j) of Section 2 of the Mines Act, 1952 (35 of 1952)
2J Miscarriage Expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860)
2K Plantationr A plantation as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951)
2L Prescribedr Prescribed by rules made under this Act
2M State Governmente Relation to a Union Territory, means the Administrator thereof
2N Wages All remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes-

(1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to

(2) incentive bonus; and

(3) the money value of the concessional supply of foodgrains and other articles,

but does not include---

(i) any bonus other than incentive bonus

(ii) overtime earnings and any deduction or payment made on account of fines

(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and

(iv) any gratuity payable on the termination of service
2O Woman A woman employed, whether directly or through any agency, for wages in any establishment.