INTRODUCTION
The
object of maternity leave and benefit is to protect the dignity of motherhood
by providing for the full and healthy maintenance of women and her child
when she is not working. With the advent of modern age, as the number of women
employees is growing, the maternity leave and other maternity benefits are becoming
increasingly common. But there was no beneficial piece of legislation in the
horizon which is intended to achieve the object of doing social justice to
women workers employed in factories, mines and plantation.
ACT 53 OF
1961
With the
object of providing maternity leave and benefit to women employee the Maternity
Benefit Bill was passed by both the Houses of Parliament and subsequently it
received the assent of President on 12th December, 1961 to become an Act under short
title and numbers "THE MATERNITY BENEFIT ACT, 1961 (53 OF 1961)".
An 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.
BE it
enacted by Parliament in the Twelfth Year of the Republic of India as follows:-
1. Short title, extent and commencement.-
1)
This Act may be called the
Maternity Benefit Act, 1961.
2)
It extends to the whole of
India
3) It shall come into force on
such date as may be notified in this behalf in the Official Gazette,-
a) In relation to mines and to
any other establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances, by the Central Government; and
b)
In relation to other
establishments in a State, by the State Government.
2. Application of Act.-4[(1) It
applies, in the first instance,-
a) 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;
b)
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 ten or more persons
are employed, or were employed, on any day of the preceding twelve months:]
c)
Provided that the State
Government may, with the approval of the Central Government, after giving not
less than two months notice of its intention of so doing, by notification in
the Official Gazette, declare that all or any of the provisions of this Act
shall apply also to any other establishment or class of establishments,
industrial, commercial, agricultural or otherwise.
(2) 5[Save as otherwise provided
in 6[sections 5A and 5B] nothing contained in this Act] shall
apply to any factory or other establishment to which the provisions of the
Employees, State Insurance Act, 1948 (34 of 1948), apply for the time being.
