Maternity Benefit Act, 1961 - Definitions

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3. Definitions. -In this Act, unless the context otherwise requires,-

(a) "appropriate Government" means, in relation to an establishment being a mine 1[or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances] the Central Government and in relation to any other establishment, the State Government;

(b) "child" includes a still-born child;

(c) "delivery" means the birth of a child;

(d) "employer" means-

        (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;

1[(e) "establishment" means-
(i) a factory;

(ii) a mine;

(iii) a plantation;

(iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; 2[***]

3[(iva) a shop or establishment; or]

(v) an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable;]

(f) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);

(g) "Inspector" means an Inspector appointed under section 14;

4[(ha) "medical termination of pregnancy" means the termination of pregnancy permissible under

the provisions of Medical Termination of Pregnancy Act, 1971.];

(i) "mine" means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952);

(j) "miscarriage" means 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);

(k) "plantation" means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);

(1) "prescribed" means prescribed by rules made under this Act;

(m) "State Government", in relation to a Union territory, means the Administrator thereof;

(n) "wages" means 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 food grains and other articles, but does not include-
(i) any bonus other than incentive bonus;
(ii) over-time 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;

(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.

Ins. by Act 52 of 1973, sec.4 (w.e.f. 1-3-1975).



Ins. by Act 61 of 1988, sec.3 (w.e.f. 10-1-1989).


Ins. by Act 29 of 1995, sec.2 (w.e.f. 1-2-1996).


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mahakmannu, India

is there any provision of maternity leaves for the mother [working in state government sector] who wish to adopt a new born baby?

GovtjobsinOdosha, India

Sir Iam preparing for the Government jobs in odisha please update about Govt jobs in Odosha

Sudhakar2529, Japan

Hi, my wife is working in an institute from last 5 years. She is 3 months pregnant on inquiring with their HR, they told that she has to resign serving 3 months notice period forget about the maternity benefits. Please let me know should I complain about this to the Inspector now or should I wait till the delivery happen. Please suggest.

rashmi25913, India

I am 8 months pregnant and getting a chance to be employed as a government teacher.In this case I won't be able to work more than 20 or 25 days.If i go on maternity leave will I get the benefits or the state government will terminate me?


I am 2 months pregnant and not keeping well. Can i take a month leave in the third month and then continue the job? Please suggest.

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