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Sections 61–64 of the Code on Social Security, 2020: Maternity Benefit Notice, Claim and 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...

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Labour Laws
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September 30, 2026
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Last updated: October 2026Verified against: Government sources

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.

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

StepWhat the text says
NoticeIn 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 absenceFor 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 noticeA woman who did not give notice while pregnant may give it as soon as possible after delivery (s.62(3))
Employer's dutyOn receipt, permit her to be absent during the benefit period (s.62(4))
Pre-delivery amountPaid in advance on production of the prescribed proof of pregnancy (s.62(5))
Post-delivery amountPaid within forty-eight hours of production of the prescribed proof of delivery (s.62(5))
No noticeDoes 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

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.

Quick recapKey facts & short answers

Key Facts About Sections 61

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Is notice compulsory to get maternity benefit?

No. Section 62(6) says failure to give notice does not disentitle her if she is otherwise entitled.

How early can the absence begin?

Not earlier than eight weeks from the expected delivery date (s.62(2)).

Sections 61: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

No. Section 62(6) says failure to give notice does not disentitle her if she is otherwise entitled.

Not earlier than eight weeks from the expected delivery date (s.62(2)).

Within forty-eight hours of production of the prescribed proof of delivery (s.62(5)).

The person she nominated in the notice; if none, her legal representative (s.63).

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 (s.64).

Form X for the certificate and Form XI for notice and receipt (rule 35), in the Central sphere.