#THE MATERNITY BENEFIT ACT, 1961 
_________ 

##ARRANGEMENT OF SECTIONS 
__________ 

SECTIONS 

1. Short title, extent and commencement. 
2. Application of Act. 
3. Definitions. 
4. Employment of, or work by, women prohibited during certain periods. 
5. Right to payment of maternity benefit. 
5A. Continuance of payment of maternity benefit in certain cases. 
5B. Payment of maternity benefit in certain cases. 
6. Notice of claim for maternity benefit and payment thereof. 
7. Payment of maternity benefit in case of death of a woman. 
8. Payment of medical bonus. 
9. Leave for miscarriage, etc. 
9A. Leave with wages for tubectomy operation. 
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical 
termination of pregnancy or tubectomy operation. 
11. Nursing breaks. 
12. Dismissal during absence of pregnancy. 
13. No deduction of wages in certain cases. 
14. Appointment of Inspectors. 
15. Powers and duties of Inspectors. 
16. Inspectors to be public servants. 
17. Power of Inspector to direct payments to be made. 
18. Forfeiture of maternity benefits. 
19. Abstract of Act and rules thereunder to be exhibited. 
20. Registers, etc. 
21. Penalty for contravention of Act by employer. 
22. Penalty for obstructing Inspector. 
23. Cognizance of offences. 
24. Protection of action taken in good faith. 
25. Power of Central Government to give directions. 
26. Power to exempt establishments. 
27. Effect of laws and agreements inconsistent with this Act. 
28. Power to make rules. 
29. Amendment of Act 69 of 1951. 
30. Repeal. 



#THE MATERNITY BENEFIT ACT, 1961 

##ACT NO. 53 OF 1961 

[12th December, 1961.] 

An Act to regulate the employment of women in certain establishments for certain periods before 
and after child-birth and to provide for maternity benefit and certain other benefits. 

BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:— 

1. **Short title, extent and commencement.**—(1) This Act may be called the Maternity Benefit Act, 1961. 

(2) It extends to the whole of India. 

(3) It shall come into force on such date as may be notified in this behalf in the Official Gazette,— 

  (a) in relation to  mines  and  to  any  other establishment  wherein  persons  are  employed  for  the 
exhibition of equestrian, acrobatic and other performances, by the Central Government; and

  (b) in relation to other establishments in a State, by the State Government. 

2. **Application of Act.**—(1) It applies, in the first instance,— 

  (a) to every establishment being a factory, mine or plantation including any such establishment 
belonging to Government and to every establishment wherein persons are employed for the exhibition 
of equestrian, acrobatic and other performances; 

  (b) to every shop or establishment within the meaning of any law for the time being in force in 
relation to shops and establishments in a State, in which ten or more persons are employed, or were 
employed, on any day of the preceding twelve months:

Provided that the State Government may, with the approval of the Central Government, after giving 
not  less  than  two  months’  notice  of  its  intention  of  so  doing,  by  notification  in  the  Official  Gazette, 
declare that all or any of the provisions of this Act shall apply also to any other establishment or class of 
establishments, industrial, commercial, agricultural or otherwise. 

(2) Save as otherwise provided in sections 5A and 5B, nothing contained in this Act shall apply 
to any factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 
(34 of 1948), apply for the time being. 

3. **Definitions.**—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 food grains 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. 

4. **Employment of, or work by, women prohibited during certain periods.**—(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. 

5. **Right to payment of maternity benefit.**— (1) Subject to the provisions of this Act, 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, the actual day of her delivery and any period immediately following that day.

*Explanation.*—For the purpose 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, 3[the 
minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees, 
whichever is the highest.

(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: 

Provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has 
immigrated into the State of Assam and was pregnant at the time of the immigration. 

Explanation.—For the purpose of calculating 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 date of her expected delivery shall be taken into account. 

(3) The  maximum  period  for  which  any  woman  shall  be  entitled  to  maternity  benefit  shall  be  4 
twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery:

Provided that  the  maximum  period  entitled to  maternity  benefit  by  a  woman  having  two  or  more 
than  two 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 
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.

(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 where the nature of 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.

###STATE AMENDMENTS 

**Assam**

**Amendment of Section 5 of Central Act 53 of 1961 (as amended by Assam Act 12 of 1964).**—In 
the explanation appended to sub-section (1) of section 5 of the principal Act, as amended by the Assam 
Act 12 of 1964, the word “six” appearing after the words “multiplied by” shall be substituted by the word 
“seven”. 

[Vide Assam Act, 2 of 1984, s. 2.] 

5A. **Continuance of payment of maternity benefit in certain cases.**—Every woman entitled to 
the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ 
State Insurance Act, 1948 (34 of 1948), 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 50 of that 
Act.

5B. **Payment of maternity benefit in certain cases.**—Every woman— 

  (a) who  is  employed  in  a  factory  or  other  establishment  to  which  the  provisions  of  the 
Employees’ State Insurance Act, 1948 (34 of 1948), apply; 

  (b) whose  wages  (excluding  remuneration  for  overtime  work)  for  a  month  exceed  the  amount 
specified in sub-clause (b) of clause (9) of section 2 of that Act; and 

  (c) who fulfils the conditions specified in sub-section (2) of section 5, 

shall be entitled to the payment of maternity benefit under this Act.

6. **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 Act may give notice in writing 
in  such  form  as  may  be  prescribed,  to  her  employer,  stating  that  her  maternity  benefit  and  any  other 
amount  to  which  she  may  be  entitled  under  this  Act  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 six 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 the 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 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  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 Act if she is otherwise entitled to such benefit or amount and in any such 
case an Inspector 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. 

7. **Payment of maternity benefit in case of death of a woman.**—If a woman entitled to maternity 
benefit or  any  other  amount  under  this  Act,  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 
5,  the  employer  shall  pay  such  benefit  or  amount  to the  person  nominated  by  the  woman  in  the  notice 
given under section 6 and in case there is no such nominee, to her legal representative. 

8. **Payment of medical bonus.**—(1) Every woman entitled to maternity benefit under this Act shall 
also  be  entitled  to  receive  from  her  employer  a  medical  bonus  of  one  thousand  rupees,  if  no  pre-natal 
confinement and post-natal care is provided for by the employer free of charge. 

(2) The  Central  Government  may  before  every  three  years,  by  notification  in  the  Official  Gazette, 
increase the amount of medical bonus subject to the maximum of twenty thousand rupees.

9. **Leave for miscarriage, etc.**—In  case  of  miscarriage  or  medical  termination  of  pregnancy,  a 
woman shall, on production of such proof as may be prescribed, 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.

9A. **Leave with wages for tubectomy operation.**—In case of tubectomy operation, a woman shall, 
on production of such proof as may be prescribed, 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.

10. **Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, 
medical termination of pregnancy or tubectomy operation.**—A woman suffering from illness arising 
out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or 
tubectomy operation shall, on production of such proof as may be prescribed, be entitled, in addition to 
the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with 
wages at the rate of maternity benefit for a maximum period of one month. 

11. **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 the prescribed duration for nursing the child until the child attains the age of fifteen months. 

11A. Crèche facility.—(1) Every  establishment  having  fifty  or  more  employees  shall  have  the 
facility  of  créche  within  such  distance  as  may  be  prescribed,  either  separately  or  along  with  common 
facilities: 

Provided that the employer shall allow four visits a day to the creche by the woman, which shall also 
include the interval for rest allowed to her. 

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

12. **Dismissal during absence of pregnancy.**—(1)  When  a  woman  absents  herself  from  work  in 
accordance with the provisions of this Act, 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. 

(2) (a) 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 referred to in 
section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: 

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

(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed 
during or on account of her absence from work in accordance with the provisions of this Act, may, within 
sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to 
her,  appeal  to  such  authority  as  may  be  prescribed,  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.

(c) Nothing contained in this sub-section shall affect the provisions contained in sub-section (1). 

13. **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 Act shall be made by reason only 
of— 

  (a) the nature of work assigned to her by virtue of the provisions contained in sub-section (3) of 
section 4; or 

  (b) breaks for nursing the child allowed to her under the provisions of section 11. 

14. **Appointment of Inspectors.**—The appropriate Government may, by notification in the Official 
Gazette, appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may define 
the local limits of the jurisdiction within which they shall exercise their functions under this Act. 

15. **Powers and duties of Inspectors.**—An Inspector may, subject to such restrictions or conditions 
as may be prescribed, exercise all or any of the following powers, namely:— 

  (a) enter at all reasonable times with such assistants, if any, being persons in the service of the 
Government  or  any  local  or  other  public authority,  as  he  thinks  fit,  any  premises  or  place  where 
woman are employed or work is given to them in an establishment, for the purposes of examining any 
registers, records and notices required to be kept or exhibited by or under this Act and required their 
production for inspection; 

  (b) examine  any  person  whom  he  finds  in  any  premises  or  place  and  who,  he  has  reasonable 
cause to believe, is employed in the establishment: 

Provided that no person shall be compelled under this section to answer any question or give any 
evidence tending to incriminate himself; 

  (c) require the employer to give information regarding the names and addresses of women 
employed, payments made to them, and applications or notices received from them under this Act; 
and 

  (d) take copies of any registered and records or notices or any portions thereof. 

16. **Inspectors to be public servants.**—Every Inspector appointed under this Act shall be deemed to 
be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

17. **Power of Inspector 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 Act and any person 
claiming that payment due under section 7 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 Act, 

may make a complaint to the Inspector. 

(2) The Inspector may, of his own motion or 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 orders; 

  (b) she  has  been  discharged  or  dismissed  during  or  on  account  of  her  absence  from  work  in 
accordance with the provisions of this Act, may pass such orders as are just and proper according to 
the circumstances of the case.

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

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

(5) Any  amount  payable  under  this  section  shall  be  recoverable  by  the  Collector  on  a  certificate 
issued for that amount by the Inspector as an arrear of land revenue.

18. **Forfeiture of maternity benefit.**—If  a  woman  works  in  any  establishment  after  she  has  been 
permitted by her employer to absent herself under the provisions of section 6 for any period during such 
authorised absence, she shall forfeit her claim to the maternity benefit for such period. 

19. **Abstract of Act and rules thereunder to be exhibited.**—An abstract of the provisions of this 
Act  and  the  rules  made  thereunder  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. 

20. **Registers, etc.**—Every employer shall prepare and maintain such registers, records and muster-
rolls and in such manner as may be prescribed. 

21. **Penalty for contravention of Act by employer.**—(1) If any employer fails to pay any amount 
of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or 
on account of her absence from work in accordance with the provisions of this Act, he shall be punishable 
with imprisonment which shall not be less than three months but which may extend to one year and with 
fine which shall not be less than two thousand rupees but which may extend to five thousand rupees: 

Provided  that  the  court  may,  for  sufficient  reasons  to  be  recorded  in  writing,  impose  a  sentence  of 
imprisonment for a lesser term or fine only in lieu of imprisonment. 

(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no 
other  penalty  is  elsewhere  provided  by  or  under  this  Act  for  such  contravention,  be  punishable  with 
imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or 
with both: 

Provided  that  where  the  contravention  is  of  any  provision  regarding  maternity  benefit  or  regarding 
payment of any other amount and such maternity benefit or amount has not already been recovered, the 
court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to 
the person entitled thereto.

22. **Penalty for obstructing Inspector.**—Whoever fails to produce on demand by the Inspector any 
register or document in his custody kept in pursuance of this Act or the rules made thereunder or conceals 
or prevents any person from appearing before or being examined by an Inspector shall be punishable with 
imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or 
with both. 

23. **Cognizance of offences.**—(1) Any  aggrieved  woman,  an  office-bearer  of  a  trade  union 
registered  under  the  Trade  Unions  Act,  1926  (16  of  1926)  of  which  such  woman  is  a  member  or  a 
voluntary organisation registered under the Societies Registration Act, 1860 (21 of 1860) or an Inspector, 
may file a complaint regarding the commission of an offence under this Act in any court of competent 
jurisdiction and no such complaint shall be filed after the expiry of one year from the date on which the 
offence is alleged to have been committed. 

(2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any 
offence under this Act.

24. **Protection of action taken in good faith.**—No suit, prosecution or other legal proceeding shall 
lie against any person for anything which is in good faith done or intended to be done in pursuance of this 
Act or of any rule or order made thereunder. 

25. **Power of Central Government to give directions.**—The  Central  Government  may  give  such 
directions as it may deem necessary to a State Government regarding the carrying into execution of the 
provisions of this Act and the State Government shall comply with such directions. 

26. **Power to exempt establishments.**—If the appropriate Government is satisfied that having regard 
to  an  establishment  or  a  class  of  establishments  providing  for  the  grant  of  benefits  which  are  not  less 
favourable than those provided in this Act, it is necessary so to do, it may, by notification in the Official 
Gazette, exempt, subject to such conditions and restrictions, if any, as may be specified in the notification, 
the establishment or class of establishments from the operation of all or any of the provisions of this Act 
or of any rule made thereunder. 

27. **Effect of laws and agreements inconsistent with this Act.**—(1) The provisions of this Act shall 
have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of 
any award, agreement or contract of service, whether made before or after the coming into force of this 
Act: 

Provided that where under any such award, agreement, contract of service or otherwise, a woman is 
entitled  to  benefits  in  respect  of  any  matter  which  are  more  favourable  to  her  than  those  to  which  she 
would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits 
in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters 
under this Act. 

(2) Nothing  contained  in  this  Act  shall  be  construed  to  preclude  a  woman  from  entering  into  an 
agreement with her employer for granting her rights or privileges in respect of any matter which are more 
favourable to her than those to which she would be entitled under this Act. 

28. **Power to make rules.**—(1)  The  appropriate  Government  may,  subject  to  the  condition  of 
previous publication and by notification in the Official Gazette, make rules for carrying out the purposes 
of this Act. 

(2) In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 
provide for— 

  (a) the preparation and maintenance of registers, records and muster-rolls; 

  (b) the  exercise  of  powers  (including  the  inspection  of  establishments  and  the  performance  of 
duties by Inspectors for the purposes of this Act; 

  (c) the  method  of  payment  of  maternity  benefit  and  other  benefits  under  this  Act  in  so  far  as 
provision has not been made therefor in this Act; 

  (d) the form of notices under section 6; 

  (e) the nature of proof required under the provisions of this Act; 

  (f) the duration of nursing breaks referred to in section 11; 

  (g) acts which may constitute gross misconduct for purposes of section 12; 

  (h) the authority to which an appeal under clause (b) of sub-section (2) of section 12 shall lie; the 
form and  manner in which such appeal may be  made and the procedure to be followed in disposal 
thereof; 

  (i) the authority to which an appeal shall lie against the decision of the Inspector under section 17; 
the form and manner in which such appeal may be made and the procedure to be followed in disposal 
thereof; 

  (j) the form and manner in which complaints may be made to Inspectors under sub-section (1) of 
section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be 
made under sub-section (2) of that section; 

  (k) any other matter which is to be, or may be, prescribed. 

(3) Every rule made by the Central Government under this section shall be laid as soon as may be 
after it is made, before each House of Parliament while it is in session for a total period of thirty days 
which may be comprised in one session 1[or in two or more successive sessions, and if, before the expiry 
of the session immediately following the session or the successive sessions aforesaid,] both Houses agree 
in making any  modification in the rule or both Houses agree that the rule should not be made, the rule 
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however 
that any such modification or annulment shall be without prejudice to the validity of anything previously 
done under that rule. 

29. **Amendment of Act 69 of 1951.**—In section 32 of the Plantations Labour Act, 1951. 

  (a) in sub-section (1), the letter and brackets “(a)” before the words “in the case of sickness”, the 
word “and” after the words “sickness allowance” and clause (b) shall be omitted; 

  (b) in sub-section (2), the words “or maternity” shall be omitted. 

30. **Repeal.**—On the application of this Act— 

  (i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and 

  (ii) to factories situate in the Union territory of Delhi, the Bombay Maternity Benefit Act, 1929 
(Bom. Act VII of 1929), as in force in that territory, shall stand repealed.