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Maternity benefit Act, 1961
The maternity benefit act, 1961 aims to regulate women’s employment in certain establishments or workplaces. For certain periods before and after the maternity period and also provides for maternity and certain other related benefits. 
The Act is applicable and extends to the whole of India:
- Therefore, it involves every factory, plantation, or mine. Also, including those belonging to Government. And irrespective of the number of employees, it also involves an establishment engaged in the exhibition of equestrian, acrobatic and other performances, and
- On any day of the preceding 12 months, it’s applicable to every shop or establishment wherein 10 or more persons are employed or were employed.
- Also, the State Government may extend the Act to any other establishment or class or establishments i.e. industrial, commercial, agricultural or otherwise.
However, to which the provisions of the Employees’ State Insurance Act are applicable. Thus, for the time being, the Act is not applicable to any such factory/ other establishments.
But, where the factory/establishment is governed under the E.S.I Act. And under section 50 of that Act, the woman employee is not qualified to claim maternity benefit. Because her wages exceed Rs. 3,000 p.m. Or for any other reason. Then, the entitlement to claim for maternity benefits by such woman employee under this Act. Until she qualifies to claim maternity benefit under the E.S.I. Act.
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