Section 3 of MBA : Section 3: Definitions

Explanation using Example

Imagine a scenario where Priya, an acrobat, is employed by a circus company that tours across India. She recently discovered that she is pregnant and wishes to take maternity leave. The circus company is registered under the Central Government as it involves exhibition performances. Therefore, under the Maternity Benefit Act of 1961, specifically Section 3(a), the "appropriate Government" in this case would be the Central Government.

Priya approaches her employer to apply for maternity benefits. Since the circus company is not under the control of a specific government department, the "employer" as per Section 3(d)(iii) would be the person or authority with ultimate control over the company's affairs, likely the managing director.

The circus company, being an "establishment" that employs persons for exhibition performances as defined in Section 3(e)(iv), falls under the purview of the Maternity Benefit Act. As Priya is a "woman" employed for wages by this establishment, as defined in Section 3(o), she is entitled to "maternity benefits" as outlined in Section 3(h).

Priya's entitlement to maternity benefits will include a period of leave as well as payment during this time, which is calculated based on her "wages" as defined in Section 3(n). This includes her cash allowances and any incentive bonuses she might receive, but excludes overtime, fines, pension contributions, and gratuity.

Thus, the Maternity Benefit Act, through its definitions, provides a clear framework for Priya to understand her rights and for her employer to fulfill their obligations during her pregnancy and post-delivery period.