Unit 5:- The Maternity benefits Act 1961 and Apprentices Act 1961

5.1 The maternity Benefits Act 1961
5.1.1 Introduction
5.1.2 Extent and application

 5.1.3 Definitions (Section 3)
5.1.4 Section 4- Employment of, or work by, women prohibited during certain periods

 5.1.5 Section 5- Right to payment of Maternity benefits

 5.1.6 Section 6 

 5.1.7 Section 7-pyment of maternity benefit in case of death of a woman

 5.1.8 Section 8- payment of medical bonus

 5.1.9 Section 9- Leave for miscarriage

 5.1.10 Leave for illness arising out of pregnancy, delivery, premature, birth of child, or miscarriage

 5.1.11 Nursing break

 5.1.12 Dismissal during absence of pregnancy

 5.1.13 No deduction of wages in certain cases

 5.1.14 Appointment of Inspectors-Powers and duties of the Inspector-Inspector to be public servants – power of Inspector to direct payments to be made –

 5.1.15 Forfeiture of maternity benefit- abstract of Act and rules there under to be exhibited register- penalty for contravention of Act by employer-penalty for obstructing Inspector Cognizance of Offences- Protection of action taken in good faith

 5.1.16 power of central Government to give directions-power to exempt establishments 

 5.1.17 Effects of Laws and agreements in consists with this act

 5.1.18 power to make rules

 5.1.19 Appeal 

5.2 Apprentices Act 1961- Object-Scope and Extensions application-Definitions- Section 3, – Novation of contract of Apprenticeship period of Apprenticeship Training Termination of Apprenticeship Contract- Number of apprentices for designed trade-Graduate Apprentices- Technician Apprentices- Trade Apprentices practical and basic training of apprentices- Related instruction of Apprentices- Obligations of the employers-Grant leave to Apprentices overtime-Employees liability for compensation for injury-Record and Returns- Settlement of Disputes-Grant of certificate to the Apprentices- offer and acceptance of employment- Administration of the Act- Central apprenticeship Council-State apprentices Council- Constitution of state Apprenticeship Council- Central Apprenticeship Advisers- power of Central Apprenticeship Adviser Offences and Penalties-Delegation of Powers- Section 35,Section 36- power to make rules-Schedule I to VI

 

 

5.1 The Maternity Benefit Act, 1961

Introduction & Object

The Act is designed to protect the dignity of motherhood and the health of the mother and child. It ensures that a woman does not lose her livelihood or her health due to childbirth. It is based on Article 42 of the Constitution (Directive Principles), which mandates “just and humane conditions of work and maternity relief.”

Important Definitions (Section 3)

• Maternity Benefit: Payment made to a woman for the period of her actual absence at the rate of her average daily wage.
• Miscarriage: Expulsion of the contents of a pregnant uterus before or during the 26th week of pregnancy.
• Wages: Includes all remuneration paid in cash (DA, HRA, incentive bonus), but excludes profit-sharing and PF.

Key Statutory Provisions

• Section 4 (Prohibition of Employment): An employer cannot knowingly employ a woman for 6 weeks after delivery or miscarriage.
• Section 5 (Right to Payment): A woman must have worked for 80 days in the 12 months preceding her expected delivery to qualify.
  • Duration: 26 weeks total (max 8 weeks before delivery).
• Section 8 (Medical Bonus): A statutory bonus (min. ₹3,500) if no free pre-natal/post-natal care is provided.
• Section 9 (Leave for Miscarriage): 6 weeks leave with wages immediately following the day of miscarriage.
• Section 11 (Nursing Breaks): Two breaks daily for nursing until the child is 15 months old.

Landmark Case Law

Municipal Corporation of Delhi vs. Female Workers (Muster Roll):

The Supreme Court held that maternity benefits are a fundamental human right. Even “daily wagers” or temporary workers (on muster rolls) are entitled to these benefits, not just permanent employees.

Prohibited Acts for Employers (Maternity)

1. Dismissal during absence (Section 12): It is unlawful to discharge a woman while she is on maternity leave.
2. Assigning arduous work: No heavy manual labor in the month preceding the start of maternity leave.
3. Deduction of wages: Employers cannot deduct wages for nursing breaks or for providing lighter work during pregnancy.

5.2 The Apprentices Act, 1961

Introduction & Object

This Act regulates the training of apprentices in industry to ensure a steady supply of skilled manpower. It prevents the exploitation of trainees as cheap labor.

Important Definitions

• Apprentice: A person undergoing apprenticeship training in pursuance of a contract.
• Designated Trade: Any trade or occupation notified by the Government for the purposes of this Act.

Statutory Provisions & Training

• Section 3 (Eligibility): Minimum age of 14 years (18 for hazardous work) and specified standards of education/physical fitness.
• Section 4 (Contract): A written Contract of Apprenticeship must be signed and registered with the Apprenticeship Adviser.
• Section 13 (Stipend): Apprentices are not paid “wages” but a “stipend” at rates prescribed by the Government.
• Section 16 (Injury): If an apprentice is injured, the employer is liable under the Workmen’s Compensation Act, 1923.
• Section 22 (Employment): It is not obligatory for the employer to offer a permanent job after training unless explicitly stated in the contract.

Prohibited Acts for Employers (Apprentices)

1. Payment by Piece-Rate: Apprentices must be paid a fixed stipend, never based on output/quantity.
2. Unapproved Overtime: An apprentice cannot be forced to work overtime without the explicit approval of the Apprenticeship Adviser.
3. No Contract, No Training: Engaging a trainee without a registered contract is a punishable offense.

Comparison Table: Worker vs. Apprentice vs. Maternity Claimant

Feature	Worker	Apprentice	Maternity Claimant
Primary Law	Industrial Disputes Act	Apprentices Act	Maternity Benefit Act
Payment	Wages/Salary	Stipend	Average Daily Wage
Goal	Production	Training/Learning	Health & Social Security
Overtime	Allowed (with pay)	Prohibited (generally)	Prohibited (arduous work)

Unit 5: Exam-Style Conclusion

The Maternity Benefit Act is a shield against gender discrimination, ensuring biological realities do not hinder economic participation. On the other hand, the Apprentices Act is an educational bridge between the classroom and the industry. For your exam, remember that while a woman on maternity leave remains an “employee,” an apprentice is strictly a “trainee” and not a worker.

 

 Comparison of Penalties

If these prohibitions are violated, the legal machinery kicks in:

Act	Nature of Violation	Penalty
Maternity Benefit	Failure to pay benefit / Dismissal	Imprisonment (3 months to 1 year) and Fine (₹2,000–₹5,000).
Apprentices Act	Failure to pay stipend / Forced overtime	Imprisonment up to 6 months and/or Fine (varies by state/offence).