Sections 61 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
These four sections say how a woman claims maternity benefit and when the employer must pay. Section 61 keeps her entitlement running when ESI later applies, section 62 sets the notice and payment timetable, section 63 deals with payment after her death, and section 64 adds a medical bonus.
A woman may give her employer written notice in the prescribed form, naming who is to receive payment, and stating her first day of absence, not earlier than eight weeks before the expected delivery (s.62). The employer must pay the pre-delivery amount in advance on proof of pregnancy and the balance within forty-eight hours of proof of delivery. Failure to give notice does not disentitle her (s.62(6)). If she dies, payment goes to her nominee or legal representative (s.63). A medical bonus of Rs 3,500 (or a notified amount) is due if the employer provides no pre-natal confinement and post-natal care (s.64).
Why it matters
HR teams often treat notice as a precondition. Section 62(6) says the opposite: a missing or defective notice does not cost the woman her benefit. The employer's real duties are the payment timetable and record keeping, and failure can lead to a complaint to the Inspector-cum-Facilitator (section 72). Our employment and labour law advisory team can help set up a claim process. Read this with sections 59 and 60 on eligibility and amount, and our older post on maternity benefit compliance.
Section 61: continuing entitlement
A woman entitled to maternity benefit under Chapter VI continues to be entitled, even though Chapter IV (ESI) applies to her factory or establishment, until she becomes qualified to claim maternity benefit under section 32. So a newly covered ESI establishment does not cut off a woman who is already in the maternity benefit process; she stays with the employer until she qualifies under ESI.
Section 62: notice and payment
| Step | What the text says |
|---|---|
| Notice | In writing, in the form prescribed by the Central Government, to the employer, stating that benefit be paid to her or to a nominee, and that she will not work in any establishment while receiving it (s.62(1)) |
| Date of absence | For a pregnant woman, the notice states the date from which she will be absent, not earlier than eight weeks before the expected delivery (s.62(2)) |
| Late notice | A woman who did not give notice while pregnant may give it as soon as possible after delivery (s.62(3)) |
| Employer's duty | On receipt, permit her to be absent during the benefit period (s.62(4)) |
| Pre-delivery amount | Paid in advance on production of the prescribed proof of pregnancy (s.62(5)) |
| Post-delivery amount | Paid within forty-eight hours of production of the prescribed proof of delivery (s.62(5)) |
| No notice | Does not disentitle her; an Inspector-cum-Facilitator may order payment, on his own motion or her application (s.62(6)) |
What the Central Rules add
Rule 35 of the Code on Social Security (Central) Rules, 2026 prescribes:
- Proof (Form X): pregnancy, delivery, miscarriage, medical termination, tubectomy or illness arising from these is proved by a Form X certificate from a registered medical practitioner, an Accredited Social Health Activist or a qualified Auxiliary Nurse and Midwife. Delivery can also be proved by a birth certificate from the municipality or gram panchayat, a birth register extract, or certain signed certificates listed in rule 35(1)(b).
- Notice (Form XI): the woman gives notice in Form XI. An employer may, at his discretion, accept a plain-paper or electronic application instead, and no claim is invalid merely because the prescribed form was not used. The woman gives Aadhaar details of the nominee when filling the nomination.
- Medical bonus is paid along with the maternity benefit (rule 35(2)(d)).
- Receipt is obtained in Form XI from the person paid.
Rule 40(2) requires the employer to supply copies of Forms X, XI, XII, XIII-A and XIII-B to a woman on request, at no cost. These rules apply where the Central Government is the appropriate Government; where the State Government is, the State's own rules apply.
Section 63: death of the woman
If a woman dies before receiving maternity benefit or any other amount, or where the employer is liable under the second proviso to section 60(3) (death in or soon after delivery, leaving the child), the employer pays the person nominated in the section 62 notice, and if there is no nominee, her legal representative. Rule 35(2) adds: in case of doubt the employer deposits the amount with the competent authority within two months of the date of death; the competent authority completes the enquiry within three months of deposit, extendable by reasons recorded for a further period not exceeding three months. Rule 35(2)(e) says the amount under section 63 is to be paid within two months of the date of death.
Section 64: medical bonus
Every woman entitled to maternity benefit is also entitled to a medical bonus of Rs 3,500, or such amount as the Central Government notifies, if no pre-natal confinement and post-natal care is provided by the employer without charge. Rate and the condition are in the text; the bonus is tied to the employer's failure to provide that care without charge. See our older post on medical bonus under the Maternity Benefit Act for the former position. A bonus figure can be revised by notification, so check the current amount.
Worked example
Anita works in a Central-sphere establishment. She submits a Form XI notice seven weeks before her expected delivery date naming her husband as nominee. She attaches a Form X certificate from a registered medical practitioner. The employer pays the pre-delivery amount in advance. After delivery she produces the proof, and the employer pays the rest within 48 hours. If the employer provided no pre-natal and post-natal care, he adds the medical bonus with the benefit. Suppose she had forgotten to file notice: s.62(6) would still protect her claim. (Illustrative.)
Need help designing a maternity claim process?
A clear checklist for notices, Form X proofs, payment dates and nominee records saves disputes later. If you would like your maternity benefit workflow reviewed against sections 61 to 64 and the Central Rules, our employment and labour law advisory team can help.
Key takeaways
- Notice is in writing in the prescribed form; the absence date cannot be earlier than eight weeks before expected delivery.
- Advance payment before delivery; balance within 48 hours of proof of delivery.
- No notice, no problem: failure does not disentitle her; the Inspector-cum-Facilitator can order payment.
- After her death: nominee, else legal representative.
- Medical bonus Rs 3,500 (or notified amount) if the employer provides no pre-natal and post-natal care.
- Central Rules: proof in Form X, notice in Form XI, plain paper accepted at the employer's discretion.
Read next
- Sections 59 and 60: Employment of women and right to maternity benefit
- Sections 65 and 66: Leave for miscarriage and nursing breaks
- Sections 68 to 70: Dismissal during absence, deduction of wages and forfeiture
- Employer obligations under maternity benefit
Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.