Section 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 ^1[, 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 ^1[, 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.

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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).