Section 3. Definitions.

In this Act, unless the context otherwise requires,—

(a) “appropriate Government” means, in relation to an establishment being a mine, ^7[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;

^1[(ba) “commissioning mother” means a biological mother who uses her egg to create an embryo implanted in any other woman;]

(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;

^2[(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; ^3***

^4[(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;

^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.

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 2

1. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
2. 1st November, 1963, vide notification No. S.O. 2920 (E), dated 5th October, 1963, see Gazette of India, Extraordinary,Part II, sec. 3 (ii).
3. Subs. by Act 52 of 1973, s. 2, for clause (a) (w.e.f. 1-3-1975).
4. Subs. by Act 61 of 1988, s. 2, for the opening paragraph (w.e.f. 10-1-1989).
5. Subs. by Act 21 of 1972, s. 2, for “Nothing contained in this Act” (w.e.f. 1-6-1972).
6. Subs. by Act 53 of 1976, s. 2, for “section 5A” (w.e.f. 1-5-1976).
7. Ins. by Act 52 of 1973, s. 4 (w.e.f. 1-3-1975).

Page 3

1. Ins. by Act 6 of 2017, s. 2 (w.e.f. 1-4-2017).
2. Subs. by Act 52 of 1973, s. 4, for clause (e) (w.e.f. 1-3-1975).
3. The word “or” omitted by Act 61 of 1988, s. 3 (w.e.f. 10-1-1988).
4. Ins. by s. 3, ibid. (w.e.f. 10-1-1988).
5. Ins. by Act 29 of 1995, s. 2 (w.e.f. 1-2-1996).

Page 4

1. Subs. by Act 29 of 1995, s. 3, for “or her miscarriage” (w.e.f. 1-2-1996).
2. Subs. by Act 61 of 1988, s. 4, for the opening paragraph (w.e.f. 10-1-1989).
3. Subs. by s. 4, ibid., for “or one rupee a day, whichever is higher.” (w.e.f. 10-1-1989).
4. Subs. by s. 4, ibid., for “one hundred and sixty days” (w.e.f. 10-1-1989).

Page 5

1. Subs. by Act 61 of 1988, s. 4, for “one hundred and sixty days” (w.e.f. 10-1-1989).
2. Subs. by, s. 4, ibid., for the days for which she has been laid off” (w.e.f. 10-1-1989).
3. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 10-1-1989).
4. Subs. by Act 6 of 2017, s. 3 for ‘‘twelve weeks of which not more than six weeks’’ (w.e.f. 1-4-2017).
5. Ins. by s. 3, ibid (w.e.f. 1-4-2017).
6. Subs. by s. 3, ibid., for “Provided that” (w.e.f. 1-4-2017)
7. Subs. by Act 61 of 1988, s. 4, for the second proviso (w.e.f. 10-1-1989).
8. Subs. by Act 6 of 2017, s. 3 for “Provided further that” (w.e.f. 1-4-2017).
9. Ins. by, s. 3, ibid (w.e.f. 1-4-2017).10. Ins. by Act 21 of 1972, s. 3 (w.e.f. 1-6-1972).11. Ins. by Act 53 of 1976, s. 3 (w.e.f. 1-5-1976).

Page 6

1. Subs. by Act 61 of 1988, s. 5, for sub-section (4) (w.e.f. 10-1-1989).
2. Subs. by Act 15 of 2008, s. 2, for section 8 (w.e.f. 15-4-2008).
3. Subs. by Act 29 of 1995, s. 4, for section 9 (w.e.f. 1-2-1996).
4. Ins. by s. 5, ibid. (w.e.f. 1-2-1996).

Page 7

1. Subs. by Act 29 of 1995, s. 6, for “or miscarriage” (w.e.f. 1-2-1996).
2. Ins. by Act 6 of 2017, s. 4 (w.e.f. 1-7-2017).
3. Subs. by Act 61 of 1988, s. 7, for clause (b) (w.e.f. 10-1-1989).

Page 8

1. Subs. by Act 61 of 1988, s. 8, for sub-sections (1) and (2) (w.e.f. 10-1-1989).
2. Subs. by s. 8, ibid., for sub-section (5) (w.e.f. 10-1-1989).

Page 9

1. Subs. by Act 61 of 1988, s. 9, for section 21 (w.e.f. 10-1-1989).
2. Subs. by s. 10, ibid., for “which may extend to three months, or with fine which may extend to five hundred rupees”(w.e.f. 10-1-1989).
3. Subs. by s. 11, ibid., for section 23 (w.e.f. 10-1-1989).

Page 10

1. Subs. by Act 52 of 1973, s. 5, for certain words (w.e.f. 1-3-1975).