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Section 3 of the Maternity Benefit Act 1961: Definitions

Section 3 (Definitions) of the Maternity Benefit Act 1961 —

❝In this Act, unless the context otherwise requires,—

 (a) “appropriate Government” means, in relation to an establishment being a mine, or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, the Central Government and in relation to any other establishment, the State Government;

 (b) “child” includes a still-born child;

 (ba) “commissioning mother” means a biological mother who uses her egg to create an embryo implanted in any other woman;

 (c) “delivery” means the birth of a child;

 (d) “employer” means—
   (i) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;
   (ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;
   (iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;

 (e) “establishment” means—
   (i) a factory;
   (ii) a mine;
   (iii) a plantation;
   (iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;
   (iva) a shop or establishment; or
   (v) an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable;

 (f) “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);

 (g) “Inspector” means an Inspector appointed under section 14;

 (h) “maternity benefit” means the payment referred to in sub-section (1) of section 5;

 (ha) “medical termination of pregnancy” means the termination of pregnancy permissible under the provisions of Medical Termination of Pregnancy Act, 1971 (34 of 1971);

 (i) “mine” means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952);

 (j) “miscarriage” means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);

 (k) “plantation” means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);

 (l) “prescribed” means prescribed by rules made under this Act;

 (m) “State Government”, in relation to a Union territory, means the Administrator thereof;

 (n) “wages” means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes—
 (1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to;
 (2) incentive bonus; and
 (3) the money value of the concessional supply of foodgrains and other articles,

 but does not include—
   (i) any bonus other than incentive bonus;
   (ii) over-time earnings and any deduction or payment made on account of fines;
   (iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and
   (iv) any gratuity payable on the termination of service;

 (o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.❞



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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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