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Section 4 Maternity Benefit Act 1961: Employment of, or work by, women prohibited during certain period

Section 4 (Employment of, or work by, women prohibited during certain period) of the Maternity Benefit Act 1961 —

❝(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 6, 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 6.❞



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Notes:

The Maternity Benefit Act, 1961 (No. 53 of 1961) was amended by:
- the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (No. 51 of 1970) (w.e.f. 01-Sep-1971);
- the Maternity Benefit (Amendment) Act, 1972 (No. 21 of 1972) (w.e.f. 01-Jun-1972);
- the Maternity Benefit (Amendment) Act, 1973 (No. 52 of 1973) (w.e.f. 01-Mar-1975);
- the Maternity Benefit (Amendment) Act, 1976 (No. 53 of 1976) (w.e.f. 01-May-1976);
- the Maternity Benefit (Amendment) Act, 1988 (No. 61 of 1988) (w.e.f. 10-Jan-1989);
- the Maternity Benefit (Amendment) Act, 1995 (No. 29 of 1995) (w.e.f. 01-Feb-1996);
- the Maternity Benefit (Amendment) Act, 2008 (No. 15 of 2008) (w.e.f. 15-Apr-2008);
- the Maternity Benefit (Amendment) Act, 2017 (No. 06 of 2017) (w.e.f. 01-Apr-2017).

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