Chapter VI - Maternity benefit

Section 59: Employment of, or work by, women prohibited during certain period

Current statutory text

59. Employment of, or work by, women prohibited during certain period.—(1) No employer shall
knowingly employ a woman in any establishment during the six weeks immediately following the day of
her delivery, miscarriage or medical termination of pregnancy.

    (2) No woman shall work in any establishment during the six weeks immediately following the day of
her delivery, miscarriage or medical termination of pregnancy.

    (3) Without prejudice to the provisions of section 62, no pregnant woman shall, on a request being
made by her  in  this  behalf, be required by her employer  to do, during the period specified  in
sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which
in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to
cause her miscarriage or otherwise to adversely affect her health.

    (4) The period referred to in sub-section (3) shall be—

        (a) the period of one month immediately preceding the period of six weeks, before the date of her
    expected delivery;

        (b) any period during the said period of six weeks for which the pregnant woman does not avail of
    leave of absence under section 62.

    Explanation.— For the purposes of this section, the expression “any work of arduous nature” shall mean
any work which involve or require strenuous effort or is difficult and tiring in nature.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for employment of, or work by, women prohibited during certain period within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 59: employment of, or work by, women prohibited during certain period.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

No direct Central Rule is mapped. Check general procedural Rules, State Rules and later notifications.

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: No direct Central Rule mapped in the repository concordance | Official source: section 59.

Section 60: Right to payment of maternity benefit

Current statutory text

60. Right to payment of maternity benefit.—(1) Subject to the other provisions of this Code, every
woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate
of the average daily wage for the period of her actual absence, that is to say, the period immediately
preceding the day of her delivery, and any period immediately following that day.

   Explanation.—For the purposes of this sub-section, “the average daily wage” means the average of the
woman's wages payable to her for the days on which she has worked during the period of three calendar
months immediately preceding the date from which she absents herself on account of maternity, subject to
the minimum rate of wage fixed or revised under the Code on Wages, 2019 (29 of 2019).

    (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment
of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the
twelve months immediately preceding the date of her expected delivery.

    Explanation.— For the purposes of calculating the period under this sub-section, the days on which a
woman has actually worked in the establishment, the days for which she has been laid off or was on holidays
declared under any law for the time being in force to be holidays with wages, during the period of twelve
months immediately preceding the expected date of her delivery shall be taken into account.

    (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-
six weeks of which not more than eight weeks shall precede the expected date of her delivery:

    Provided that the maximum period entitled to maternity benefit by a woman having two or more
surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her
expected delivery:

    Provided further that where a woman dies during this period, the maternity benefit shall be payable
only for the days up to and including the day of her death:

    Provided also that where a woman, having been delivered of a child, dies during her delivery or during
the period immediately following the date of her delivery for which she is entitled for the maternity benefit,
leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire
period but if the child also dies during the said period, then, for the days up to and including the date of the
death of the child.

    Explanation.— For the purposes of this sub-section, “child” includes a stillborn child.

    (4) A woman who legally adopts a child below the age of three months or a commissioning mother
shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to
the adopting mother or the commissioning mother, as the case may be.

    (5) In case the work assigned to a woman is of such nature that she may work from home, the employer
may allow her to do so after availing of the maternity benefit for such period and on such conditions as the
employer and the woman may mutually agree.

Finin2min clause-by-clause decode

1. Legal test 1
2. Eligibility depends on actual service and the relevant maternity event; calculate benefit using the statutory average-wage method and protected period.
3. Implementation control
4. Trigger
5. Document the facts that activate section 60: right to payment of maternity benefit.
6. Coverage and jurisdiction
7. Identify establishment, employee/worker category, appropriate Government, First Schedule threshold and territorial authority.
8. Decision owner
9. Assign a named owner for maternity benefit, protected absence, nursing breaks, crèche and remedies; identify HR, payroll, finance, legal, contractor and authorised-signatory roles.
10. Evidence pack

Applicable Central Rules immediately below the provision

No direct Central Rule is mapped. Check general procedural Rules, State Rules and later notifications.

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: No direct Central Rule mapped in the repository concordance | Official source: section 60.

Section 61: Continuance of payment of maternity benefit in certain cases

Current statutory text

61. Continuance of payment of maternity benefit in certain cases.— Every woman entitled to the
payment of maternity benefit under this Chapter, shall, notwithstanding the application of Chapter IV to
the factory or other establishment in which she is employed, continue to be so entitled until she becomes
qualified to claim maternity benefit under section 32.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for continuance of payment of maternity benefit in certain cases within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 61: continuance of payment of maternity benefit in certain cases.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

No direct Central Rule is mapped. Check general procedural Rules, State Rules and later notifications.

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: No direct Central Rule mapped in the repository concordance | Official source: section 61.

Section 62: Notice of claim for maternity benefit and payment thereof

Current statutory text

62. Notice of claim for maternity benefit and payment thereof.—(1) Any woman employed in an
establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in
writing in such form as may be prescribed by the Central Government, to her employer, stating that her
maternity benefit and any other amount to which she may be entitled under this Chapter may be paid to her
or to such person as she may nominate in the notice and that she will not work in any establishment during
the period for which she receives maternity benefit.

    (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be
absent from work, not being a date earlier than eight weeks from the date of her expected delivery.

    (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as
possible after her delivery.

    (4) On receipt of the notice, the employer shall permit such woman to absent herself from the
establishment during the period for which she receives the maternity benefit.

    (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be
paid in advance by the employer to the woman on production of such proof as may be prescribed by the
Central Government that the woman is pregnant, and the amount due for the subsequent period shall be
paid by the employer to the woman within forty-eight hours of production of such proof as may be
prescribed by the Central Government that the woman has been delivered of a child.

    (6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any
other amount under this Chapter if she is otherwise entitled to such benefit or amount and in any such case
an Inspector-cum-Facilitator may either of his own motion or on an application made to him by the woman,
order the payment of such benefit or amount within such period as may be specified in the order.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for notice of claim for maternity benefit and payment thereof within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 62: notice of claim for maternity benefit and payment thereof.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: Rule 35 | Official source: section 62.

Section 63: Payment of maternity benefit in case of death of a woman

Current statutory text

63. Payment of maternity benefit in case of death of a woman.—If a woman entitled to maternity
benefit or any other amount under this Chapter, dies before receiving such maternity benefit or amount, or
where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 60,
the employer shall pay such benefit or amount to the person nominated by the woman in the notice given
under section 62 and in case there is no such nominee, to her legal representative.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for payment of maternity benefit in case of death of a woman within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 63: payment of maternity benefit in case of death of a woman.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

No direct Central Rule is mapped. Check general procedural Rules, State Rules and later notifications.

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: No direct Central Rule mapped in the repository concordance | Official source: section 63.

Section 64: Payment of medical bonus

Current statutory text

64. Payment of medical bonus.—Every woman entitled to maternity benefit under this Chapter shall
also be entitled to receive from her employer a medical bonus of three thousand five hundred rupees or such
amount as may be notified by the Central Government, if no pre-natal confinement and post-natal care is
provided for by the employer free of charge.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for payment of medical bonus within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 64: payment of medical bonus.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

No direct Central Rule is mapped. Check general procedural Rules, State Rules and later notifications.

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: No direct Central Rule mapped in the repository concordance | Official source: section 64.

Section 65: Leave for miscarriage, etc.

Current statutory text

65. Leave for miscarriage etc.—(1) In case of miscarriage, or medical termination of pregnancy, a
woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to
leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day
of her miscarriage or, as the case may be, her medical termination of pregnancy.

    (2) In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed
by the Central Government, be entitled to leave with wages at the rate of maternity benefit for a period of
two weeks immediately following the day of her tubectomy operation.

    (3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child,
miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed
by the Central Government, be entitled, in addition to the period of absence allowed to her under section
62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a
maximum period of one month.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for leave for miscarriage, etc. within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 65: leave for miscarriage, etc..
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: Rule 35 | Official source: section 65.

Section 66: Nursing breaks

Current statutory text

66. Nursing breaks.—Every woman delivered of a child who returns to duty after such delivery shall,
in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of
such duration as may be prescribed by the Central Government, for nursing the child until the child attains
the age of fifteen months.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for nursing breaks within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 66: nursing breaks.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: Rule 36 | Official source: section 66.

Section 67: Crèche facility

Current statutory text

67. Creche facility.—(1) Every establishment to which this Chapter applies, in which fifty employees
or such number of employees as may be prescribed by the Central Government, are employed shall have
the facility of crèche within such distance as may be prescribed by the Central Government, either
separately or along with common facilities:

    Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also
include the intervals of rest allowed to her:

    Provided further that an establishment may avail common crèche facility of the Central Government,
State Government, municipality or private entity or provided by non-Governmental organisation or by any
other organisation or group of establishments who may pool their resources for setting up of common crèche
in the manner as they may agree for such purpose.

    (2) Every establishment to which this Chapter applies shall intimate in writing and electronically to
every woman at the time of her initial appointment in such establishment regarding every benefit available
under this Chapter.

Finin2min clause-by-clause decode

1. Legal test 1
2. Crèche obligation requires threshold, distance/access, visits and facility rules—not merely a reimbursement policy.
3. Implementation control
4. Trigger
5. Document the facts that activate section 67: crèche facility.
6. Coverage and jurisdiction
7. Identify establishment, employee/worker category, appropriate Government, First Schedule threshold and territorial authority.
8. Decision owner
9. Assign a named owner for maternity benefit, protected absence, nursing breaks, crèche and remedies; identify HR, payroll, finance, legal, contractor and authorised-signatory roles.
10. Evidence pack

Applicable Central Rules immediately below the provision

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: Rule 37 | Official source: section 67.

Section 68: Dismissal for absence during pregnancy

Current statutory text

68. Dismissal for absence during pregnancy.—(1) When a woman absents herself from work in
accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss
her during or on account of such absence or to give notice of discharge or dismissal on such a day that the
notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:

    Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman
but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under
this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:

    Provided further that where the dismissal is for any gross misconduct as may be prescribed by the
Central Government, the employer may, by order in writing, communicated to the woman, deprive her of
the maternity benefit or medical bonus, or both.

    (2) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed
under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge
or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority
on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus
or both, or discharged or dismissed, shall be final.

Finin2min clause-by-clause decode

1. Legal test 1
2. Discharge or dismissal during protected absence is restricted; gross misconduct and benefit forfeiture require the prescribed process.
3. Implementation control
4. Trigger
5. Document the facts that activate section 68: dismissal for absence during pregnancy.
6. Coverage and jurisdiction
7. Identify establishment, employee/worker category, appropriate Government, First Schedule threshold and territorial authority.
8. Decision owner
9. Assign a named owner for maternity benefit, protected absence, nursing breaks, crèche and remedies; identify HR, payroll, finance, legal, contractor and authorised-signatory roles.
10. Evidence pack

Applicable Central Rules immediately below the provision

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: Rule 38 | Official source: section 68.

Section 69: No deduction of wages in certain cases

Current statutory text

69. No deduction of wages in certain cases.—No deduction from the normal and usual daily wages
of a woman entitled to maternity benefit under the provisions of this Chapter shall be made by reason only
of—

      (a) the nature of work assigned to her by virtue of the provisions contained in section 59; or

      (b) breaks for nursing the child allowed to her under the provisions of section 66.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for no deduction of wages in certain cases within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 69: no deduction of wages in certain cases.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

No direct Central Rule is mapped. Check general procedural Rules, State Rules and later notifications.

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: No direct Central Rule mapped in the repository concordance | Official source: section 69.

Section 70: Forfeiture of maternity benefit

Current statutory text

70. Forfeiture of maternity benefit.—A woman who works for remuneration during the period she
has been permitted by an employer to absent herself for availing the maternity benefits provided under this
Chapter shall not be entitled to receive maternity benefit for such period.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for forfeiture of maternity benefit within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 70: forfeiture of maternity benefit.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: Rule 38 | Official source: section 70.

Section 71: Duties of employer

Current statutory text

71. Duties of employer.—An abstract of the provisions of this Chapter and the rules relating thereto
in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in
every part of the establishment in which women are employed.

Finin2min clause-by-clause decode

1. Legal test 1
2. This section allocates legal responsibility for duties of employer within the Maternity Benefit Chapter.
3. Legal test 2
4. Identify the statutory trigger, person obligated, authority, timing, exceptions and documentary output before applying the provision.
5. Legal test 3
6. Read every subsection, proviso, explanation and linked Schedule in the official text; the heading alone is not the legal test.
7. Implementation control
8. Trigger
9. Document the facts that activate section 71: duties of employer.
10. Coverage and jurisdiction

Applicable Central Rules immediately below the provision

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: Rule 40 | Official source: section 71.

Section 72: Power of Inspector-cum-Facilitator to direct payments to be made

Current statutory text

72. Power of Inspector-cum-Facilitator to direct payments to be made.—(1) Any woman claiming
that,—

        (a) maternity benefit or any other amount to which she is entitled under this Chapter and any person
    claiming that payment due under this Chapter has been improperly withheld;

        (b) her employer has discharged or dismissed her during or on account of her absence from work
    in accordance with the provisions of this Chapter,

may make a complaint to the Inspector-cum-Facilitator.

    (2) The Inspector-cum-Facilitator may, on receipt of a complaint referred to in sub-section (1), make
an inquiry or cause an inquiry to be made and if satisfied that—

        (a) payment has been wrongfully withheld, may direct the payment to be made in accordance with
    his order in writing;

        (b) she has been discharged or dismissed during or on account of her absence from work in
    accordance with the provisions of this Chapter,

may pass such orders as he deems just and proper according to the circumstances of the case.

    (3) Any person aggrieved by the order of the Inspector-cum-Facilitator under sub-section (2) may,
within thirty days from the date on which such order is communicated to such person, appeal to the authority
prescribed by the appropriate Government.

    (4) The decision of the authority referred to in sub-section (3), where an appeal has been preferred to it
under that sub-section or of the Inspector-cum-Facilitator where no such appeal has been preferred, shall
be final.

                            CHAPTER VII
                              EMPLOYEE'S COMPENSATION

Finin2min clause-by-clause decode

1. Legal test 1
2. Complaint and direction powers create a fast statutory remedy in addition to internal grievance routes.
3. Implementation control
4. Trigger
5. Document the facts that activate section 72: power of inspector-cum-facilitator to direct payments to be made.
6. Coverage and jurisdiction
7. Identify establishment, employee/worker category, appropriate Government, First Schedule threshold and territorial authority.
8. Decision owner
9. Assign a named owner for maternity benefit, protected absence, nursing breaks, crèche and remedies; identify HR, payroll, finance, legal, contractor and authorised-signatory roles.
10. Evidence pack

Applicable Central Rules immediately below the provision

Consequence, remedy and limitation

Identify the substantive default first, then separately map arrears or benefit, interest/damages, administrative penalty, prosecution, compounding, company/officer liability, forum, appeal and limitation. Do not infer a remedy from the heading alone.

Mapped Rules: Rule 39, Rule 40 | Official source: section 72.