Scope of the Maternity Benefit Act, 1961

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE 

Dr. TANMOY MUKHERJI

ADVOCATE 

Scope of the Maternity Benefit Act, 1961-

Tanmoy Mukherji

Advocate

The scope of the Maternity Benefit Act refers to the extent of its applicability, coverage, and protection in respect of-

The Act is a beneficial and welfare legislation, and courts have consistently interpreted it liberally.

Scope as to Establishments (Section 2)-

The Act applies to:

The appropriate government may extend its application to other establishments.

Reference Case-

Scope as to Women Employees-

The Act covers:

→Permanent women employees

→Temporary and contractual workers

→Casual and daily-wage workers

Nature of employment is irrelevant; status as a “woman employee” is sufficient.

Reference Case-

Scope in Relation to Period of Service (Section 5(2))-

→A woman must have worked at least 80 days in the preceding 12 months before the expected date of delivery.

→Sundays, holidays, and paid leave are included.

Reference Case-

 Scope as to Nature of Benefits-

The Act provides:

Reference Case-

Scope as to Number of Children (2017 Amendment)-

→26 weeks maternity leave for first two children

→12 weeks for third child onwards

Reference Case-

Scope as to Adoption and Surrogacy-

→Adoptive mother (child below 3 months): 12 weeks

→Commissioning mother (surrogacy): 12 weeks

Reference Case-

Scope as to Miscarriage and Medical Termination (Section 9)

6 weeks leave with wages after miscarriage or MTP.

Reference Case-

Scope as to Protection from Dismissal (Section 12)-

→Dismissal or discharge during maternity period is prohibited.

→Maternity benefits cannot be denied even if dismissal occurs, except for gross misconduct.

Reference Case-

Scope in Relation to Nursing Breaks (Section 11)-

Two paid nursing breaks per day until the child attains 15 months.

Reference Case-

Scope as to Constitutional Protection-

The Act derives strength from:

→Article 42 – Maternity relief

→Article 21 – Right to life with dignity

→Article 15(3) – Special provisions for women

Reference Case-

Scope as to Penal and Enforcement Provisions-

→Inspectors appointed for enforcement

→Penalties for non-compliance include imprisonment and fine.

Reference Case-

The scope of the Maternity Benefit Act, 1961 is wide and comprehensive, covering various forms of employment, types of motherhood, and conditions of service. Judicial interpretation has consistently expanded its reach to ensure social justice, gender equality, and dignity of working women.