Objective: To regulate the employment of women in certain establishments for certain periods and after child birth and to provide for maternity benefit and certain other benefits.

Applicability: The Act applies to every establishment being a factory , mine or plantation and every establishment employing persons for the exhibition of equestrain acrobatic and other performance. State Government, with the approval of the Central Government and after giving notice of not less than 2 months notify applicability to any other establishment, industrial, commercial, agricultural or otherwise.

Benefits under the Act are not payable in addition to the benefits under the Employees' State Insurance Act.

Prohibition of Employment/Work:
1. No employer shall knowingly employ, directly or indirectly, a woman in any establishment and no woman can be on work during the six weeks immediately following the day of her delivery or miscarriage.

2. No pregnant woman shall, on her request, be required to do any work which is of an ardous nature or which involves long hours of standing, or which is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversly affect her health.

The restriction is for the period of one month immediately preceeding the period of six weeks before the date of her expected delivery and any period during the six weeks for which the pregnant woman does not avail of leave of absence.

Right to Payment: Every woman is entitled to and her employer is liable for payment of maternity benefit at the rate of the average daily wage for the period of actual absence immediately preceeding and including the day of her delivery and for the six weeks immediately following that day.

Wages: All remuneration paid or payable in cash by the terms of the employment, express or implied, and includes cash allowances such as dearness and house rent, incentive bonus and the money value of the concessional supply of food grains and other articles. Wages exclude any other bonus, overtime earning and payment/deduction on account of fines. Provident/Pension fund contribution and Gratuity on termination are also not included.

Rate of Payment is the average daily wages for three calendar months immediately proceeding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.

Eligibility: Maternity benefit to a woman after she has actually worked in an establishment of the concerned employer for a period of not less than one hundred and sixty days in the 12 months immediately precedding the date of her expected delivery. Days of work include days of layoff.

Maximum period: A woman is entitled to benefit for 12 weeks-six weeks upto and including the day of her delivery and six weeks immediately following that day.

Where a woman dies during this period, payment is to be made only for the days upto and including the day of death. In case of delivery of child before death, employer has to pay for the entire period of six weeks immediately after the day of delivery. In case the child also dies during the said period, payment upto and inclusive of the day of the death of the child.

Notice: A woman entitled to the benefit is required to notify the employer regarding the period of absence and name of the person to whom payment should be made on her behalf if so desired by her and that she shall not work in any establishment during the period for which she receives maternity benefit. The Maternity benefit is payable by employer even on the failure of woman to notify.

Time for Payment: Payment is to be made in advance for the period preceeding the day of expected delivery, on production of prescribed medical proof of pregnancy and for the subsequent period within forty-eight hours of the production of prescribed proof of the delivery.

Nominee: Payment of maternity benefit in case of death of a woman is to be made to the person nominated by the woman and in case of no nominee, payment is to be made to her legal representative.

Medical Bonus: Additional amount of rupees 25/- is to be made if no prenatal confinement and post-natal care is provided by the employer free of charge.

Leave of miscarriage: On production of prescribed proof of miscarriage leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of miscarriage shall be granted.

Leave for illness : If delivery, premature birth of child or miscarriage arises out of pregnancy, additional absence of leave with wages for a maximum period of one month shall be granted on production of prescribed proof.

Nursing Breaks: Every woman who has delivered a child and who is on duty after delivery, shall be allowed additional two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

Dismissal: Employer is prohibited from dismissing or discharging a woman during absence on account of pregnancy. Notice for dismissal or discharge is also prohibited. Conditions of service cannot be altered to her disadvantage, during such absence. Maternity benefit or medical bonus or both can be deprived only for dismissal for any prescribed gross misconduct.

Appeal: On dismissal and deprivation of benefit, woman can appeal to the prescribed authority whose decision is final.

Non-Deduction of wages: Normal and usual daily wages of a woman entitled to maternity benefit are to be continued by the employer. There can be no deduction of wages by reason of nature of work assigned and breaks if allowed for nursing the child.

Inspection: Inspectors appointed by the appropriate Government carry the powers and duties to enter at all reasonable times with such authorised assistants, if any, premises/place where women are employed or work is given, for the purpose of examining registers, records, notices required to be kept/exhibited and require their production for inspection. Inspectors can also examine persons and require employer to provide information regarding persons employed, their applications/payments etc. Inspectors can take copies of documents.

Inspector on his own and/or on a complaint from a woman, can direct the employer to make the due payment to the woman concerned. Appeal against his decision can be made within 30 days of the decision to the prescribed authority whose decision will be final.

Recovery: Amount payable shall be recoverable as arrears of land revenue.

For failure: If a woman works, in any establishment, after she has been permitted to absent herself, for any period during such authorised absence, her claim on maternity benefit stands forfeited for such period.

Exhibition/Registers : Employer is required to exhibit in conspicuous places an Abstract of the Act and the rules made thereunder in the language/s of the locality. Preparation and maintainance of registers, records, muster rolls in the prescribed manner is also obligatory.

Penalty: Defaulting employer can be punished with imprisonment upto three months or with fine upto Rs. 500/- or both. In addition, the court can also order recovery of the amounts of benefits payable. Obstruction to Inspectors can also be subjected to similar penalty.

Cognizance of offences: Prosecution 'can be instituted within one year from the date on which offence is alleged to have been committed. Time taken for obtaining sanction from the Inspector is excluded from the one year period. Trial of offences is by a Presidency Magistrate or Magistrate of First Class.

Government Powers: Central and State Governments also have powers to give direction, exempt establishments and make rules.