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Act 36 of 2020 · Chapter 6

Section 60 — Right to payment of maternity benefit

Provision-level interpretation, linked Central Rules, forms, notifications, evidence and consequence map. Official statutory text controls.

Statutory identity and operative status

ActCode on Social Security, 2020
Section60
Chapter6 — Maternity Benefit
StatusIn force from 21 November 2025 under S.O. 5319(E), subject to later amendments, notifications and saved subordinate law.

Source control: This is an analytical provision map. Open and retain the official India Code text before acting; the official text, commencement instruments, schemes, regulations and notifications control.

Open official consolidated Code PDF

Provision anatomy

Legal test 1

Eligibility depends on actual service and the relevant maternity event; calculate benefit using the statutory average-wage method and protected period.

Implementation control

Trigger

Document the facts that activate section 60: right to payment of maternity benefit.

Coverage and jurisdiction

Identify establishment, employee/worker category, appropriate Government, First Schedule threshold and territorial authority.

Decision owner

Assign a named owner for maternity benefit, protected absence, nursing breaks, crèche and remedies; identify HR, payroll, finance, legal, contractor and authorised-signatory roles.

Evidence pack

eligibility/service record, medical certificate, claim notice, payment record, crèche facility and complaint/appeal file.

System control

Map the provision to payroll/HRIS, contractor, portal, accounting and document-retention controls; prevent manual overrides without approval.

Consequence and remedy

Identify benefit denial, contribution/cess recovery, interest, damages, appeal, court/authority forum, penalty and prosecution implications separately.

Linked Social Security (Central) Rules, 2026

No direct Central Rule has been assigned in this concordance. Check schemes, regulations, notifications and State rules before concluding that no subordinate instrument applies.

Forms and filings

No dedicated form is directly mapped. The obligation may still be evidenced through a portal, scheme, regulation, notice, return or authority-prescribed document.

Notification and authority check

Use the Ministry notification register to check later instruments, authority appointments, rates, exemptions and State overlays.

Practical evidence checklist

Worked control example

A compliance owner is assessing right to payment of maternity benefit. The owner first fixes the applicable Chapter and appropriate Government, opens the official section and linked subordinate law, identifies the employee/worker and establishment facts, records the calculation or decision in a dated working paper, completes the prescribed portal/form step, and retains acknowledgement and payment/order evidence. A later rule, scheme, regulation, exemption or State notification is checked before the file is closed.

Practical questions

Can the section heading alone be used as the legal test?

No. Read every subsection, clause, proviso, explanation, Schedule reference and notified scheme/rule.

Are the Central Rules always the complete answer?

No. Determine the appropriate Government and check State rules, schemes, EPFO/ESIC regulations, rates, exemptions and authority notifications.

How should later changes be controlled?

Maintain a provision-level legal-freshness register recording source, effective date, system impact, owner, implementation evidence and next review.

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