Right to payment of maternity benefit
Section 60 of the Code on Social Security, 2020 deals with right to payment of maternity benefit. Subject to the other provisions of this Code, 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 Act was enacted on 28 Sep 2020.
(1) Subject to the other provisions of this Code, 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, and any period immediately following that day.
Explanation.---For the purposes 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, subject to the minimum rate of wage fixed or revised under the Code on Wages, 2019 (29 of 2019).
(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.
Explanation.--- For the purposes of calculating the period 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 expected date of her delivery shall be taken into account.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twentysix weeks of which not more than eight weeks shall precede the expected date of her delivery:
Provided that the maximum period entitled to maternity benefit by a woman having two or more 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 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.
Explanation.---For the purposes of this sub-section, "child" includes a stillborn 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 the 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.
Section 60, The Code on Social Security, 2020 (Act 36 of 2020).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Municipal Corporation of Delhi v. Female Workers (Muster Roll)
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 2000-03-08 (order-1.pdf). SC held maternity benefit is not confined to regular employees: female muster-roll / casual / daily-wage workers are equally entitled. Beneficent maternity legislation must be read purposively with Arts. 14, 15, 39 and 42 and CEDAW obligations; MCD's municipal work is 'industry'. Industrial tribunal award extending maternity benefits to muster-roll women affirmed.
On this section: CSS s.60 right to maternity benefit (successor to MBA 1961 s.5) — 'every woman' / employer liability reaches casual and muster-roll workers, not only regular cadre.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 60
What have the courts held on Section 60 of the Code on Social Security?
Municipal Corporation of Delhi v. Female Workers (Muster Roll) (08 Mar 2000) is the leading judgment on this section among those set out below: CSS s.60 right to maternity benefit (successor to MBA 1961 s.5) — 'every woman' / employer liability reaches casual and muster-roll workers, not only regular cadre.
How do I find court cases under Section 60 of the Code on Social Security?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code on Social Security 60, section 60 Code on Social Security, section 60 of the Code on Social Security. People searching for it also type section 60 of code on social security and section 60(2) of the code on social security 2020. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Municipal Corporation of Delhi v. Female Workers (Muster Roll) (08 Mar 2000).
What should I read with Section 60 of the Code on Social Security, and has it changed?
2 other provisions in this corpus refer back to it.
When was Section 60 of the Code on Social Security enacted?
Section 60 of the Code on Social Security, cited as Code on Social Security 60, was enacted on 28 Sep 2020 as Act 36 of 2020. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5890 words
- 155. Power of central Government to make rules1551 words
- 131. Other modes of recovery1340 words
- 143. Power to exempt establishment1042 words
- 6. National Social Security Board and State Unorganised Workers’ Board1022 words
- 76. Amount of compensation946 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.