Maternity Benefit Act, 1961

(1) This Act may be called the Maternity Benefit Act, 1961.

(2) It extends to the whole of India. ^l[* * *]

(3) It shall come into force on such date² as may be notified in this behalf in the Official Gazette-

³[(a) in relation to mines and to any other establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, by the Central Government; and ]

(b) in relation to other establishments in a State, by the State Government.

⁴[(1) It applies, in the first instance-

(a) to every establishment being a factory, mine or plantation including any such establishment belonging to government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;

(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]

PROVIDED that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.

(2) ⁵[Save as otherwise provided in ⁶[sections 5A and 5B] nothing contained in this Act] shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.

(a) "appropriate government" means, in relation to an establishment being a mine, ⁷[or an establishment where in persons are employed for the exhibition of equestrian, acrobatic and other performances], the Central Government and in relation to any other establishment, the State Government;

(b) "child" includes a still-born child;

(c) "delivery" means the birth of a child;

(d) "employer" means-

(i) in relation to an establishment which is under the control of the government a person or authority appointed by the government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;

(ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;

(iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;

⁷[(e) "establishment" means-

(i) a factory;

(ii) a mine;

(iii) a plantation;

(iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performance; ⁸[***]

⁹[(iva) a shop or establishment; or]

(v) an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable;]

(f) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);

(g) "inspector" means an Inspector appointed under section 14;

(h) "maternity benefit" means the payment referred to in sub-section (1) of section 5;

¹⁰[(ha) "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of Medical Termination of Pregnancy Act, 1971;]

(i) "mine" means a mine as defined in clause (j) of section (2) of the Mines Act, 1952 (35 of 1952);

(j) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);

(k) "plantation" means a plantation as defined in clause (f) of section 2 of the Plantations Labor Act, 1951 (69 of 1951);

(l) "prescribed" means prescribed by rule made under this Act;

(m) "State Government", in relation to a Union territory, means the Administrator thereof;

(n) "wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes-

(1) such cash allowances (including dearness allowance and house rent allowances) as a woman is for the time being entitled to,

(2) incentive bonus, and

(3) the money value of the concessional supply of food grains and other articles but does not include-

(i) any bonus other than incentive bonus;

(ii) over-time earnings and any deduction or payment made on account of fines;

(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and

(iv) any gratuity payable on the termination of service;

(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, ¹¹[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 ¹¹[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 fetus, 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.

⁴[(1) Subject to the provisions of this Act, 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 actual day of her delivery and any period immediately following that day.]

Explanation: For the purpose 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, ¹²[the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest].

(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 ¹³[eighty days] in the twelve months immediately preceding the date of her expected delivery:

PROVIDED that the qualifying period of ¹³[eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Explanation : For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, ¹⁴[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 date of her expected delivery shall be taken into account.

¹⁵[(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:]

PROVIDED 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:

¹⁵[PROVIDED FURTHER 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.]

Comment:  The provisions of S. 5 of the Act quoted above make it clear that a woman worker who expects a child is entitled to maternity benefits for a maximum period of twelve weeks which is split up into two periods viz. pre-natal and post-natal. The first one i.e. pre-natal or ante-natal period is limited to the period of woman's actual absence extending upto six weeks immediately preceding and including the day on which her delivery occurs and the second one which is post-natal compulsory period consists of six weeks immediately following the day of delivery. B. Shah v. Presiding Officer, Labor Court Coimbatore, AIR 1978 SUPREME COURT 12

Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.]

Every woman-

(a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply;

(b) whose wages (excluding remuneration for over-time work) for a month exceed the amount specified in sub-clause (b) of clause (9) of section 2 of that Act; and

(c) who fulfils the conditions specified in sub-section (2) of section 5,

shall be entitled to the payment of maternity benefit under this Act.]

(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

⁴[(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.]

(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.

Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus, of ¹⁷[two hundred and fifty rupees], if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.]

In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.]

10. Leave for illness arising out of pregnancy, delivery, premature birth of child, [miscarriage, medical termination of pregnancy or tubectomy operation]

A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, [miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:

PROVIDED that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.

⁴[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]

(c) Nothing contained in this sub-section shall effect the provisions contained in sub-section (1).

No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of-

(a) the nature of work assigned to her by virtue of the provisions contained in sub-section (3) of section 4; or

(b) breaks for nursing the child allowed to her under the provisions of section 11.

The appropriate government may, by notification in the Official Gazette, appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their functions under this Act.

An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely:-

(a) enter at all reasonable times with such assistants, if any, being person in the service of the government or any local or other public authority, as he thinks fit, any premises or place where women are employed or work is given to them in an establishment, for the purposes of examining any register, records and notices required to be kept or exhibited by or under this Act and require their production for inspection;

(b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment;

PROVIDED that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself;

(c) require the employer to give information regarding the names and addresses of women employed, payments made to them and applications or notices received from them under this Act; and

(d) take copies of any registers and records or notices or any portions thereof.

Every Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

⁴[(1) Any woman claiming that-

(a) maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld;

(b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this Act, may make a complaint to the Inspector.

(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that-

(a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders;

(b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may pass such orders as are just and proper according to the circumstances of the case.]

(3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person, appeal to the prescribed authority.

(4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspector where no such appeal has been preferred, shall be final.

⁴[(5) Any amount payable under this section shall be recoverable by the Collector on a certificate issued for that amount by the Inspector as an arrear of land revenue.]

If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.

An abstract of the provisions of this Act and the rules made thereunder in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed.

Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed.

(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees:

PROVIDED that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.

(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both:

PROVIDED that where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.]

Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance of this Act or the rules made thereunder or conceals or prevents any person from appearing before or being examined by an Inspector shall be punishable with imprisonment which may extend to ²⁰[one year], or with fine which may extend to five thousand rupees, or with both.

(1) Any aggrieved woman, an office-bearer of a trade union registered under the Trade Unions Act, 1926 (16 of 1926) of which such woman is a member or a voluntary organization registered under the Societies Registration Act, 1860 (21 of 1860) or an Inspector, may file a complaint regarding the commission of an offence under this Act in any court of competent jurisdiction and no such complaint shall be filed after the expiry of one year from the date on which the offence is alleged to have been committed.

(2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.]

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder.

The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act and the State Government shall comply with such directions.

If the appropriate government is satisfied that having regard to an establishment or a class of establishments providing for the grant of benefits which are not less favorable than those provided in this Act, it is necessary so to do, it may, by notification in the Official Gazette, exempt, subject to such conditions and restrictions, if any, as may be specified in the notification, the establishment or class of establishments from the operation of all or any of the provisions of this Act or of any rule made thereunder.

(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act:

PROVIDED that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favorable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favorable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this Act.

(2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter which are more favorable to her than those to which she would be entitled under this Act.

(1) The appropriate government may, subject to the condition of previous publication and by notification in the Official Gazette, make rules for carrying out the purpose of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the preparation and maintenance of registers, records and muster-rolls;

(b) the exercise of powers (including the inspection of establishments) and the performance of duties by Inspectors for the purposes of this Act;

(c) the method of payment of maternity benefit and other benefits under this Act insofar as provision has not been made therefor in this Act;

(d) the form of notices under section 6;

(e) the nature of proof required under the provisions of this Act;

(f) the duration of nursing breaks referred to in section 11;

(g) acts which may constitute gross misconduct for purposes of section 12;

(h) the authority to which an appeal under clause (b) of sub-section (2) of section 12 shall lie; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;

(i) the authority to which an appeal shall lie against the decision of the Inspector under section 17; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;

(j) the form and manner in which complaints may be made to Inspectors under sub-section (1) of section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be made under sub-section (2) of that section;

(k) any other matter which is to be, or may be prescribed.

³[(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions, aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

In section 32 of the Plantations Labor Act, 1951-

(a) in sub-section (1), the letter and brackets "(a)" before the words "in the case of sickness", the word "and" after the words "sickness allowances" and clause (b) shall be omitted;

(b) in sub-section (2), the words "or maternity" shall be omitted.

On the application of this Act-

(i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and

(ii) to factories situate in the Union territory of Delhi, Bombay Maternity Benefit Act, 1929 (Bombay Act VII of 1929); as in force in that territory, shall stand repealed

(1) These rules may be called the Maternity Benefit (Mines and Circus) Rules, 1963.

(2) They shall come into force on the 1st November, 1963.

In these rules, unless the context otherwise requires-

(a) the "Act" means the Maternity Benefit Act, 1961 (53 of 1961);

(aa) "circus" means an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;

¹[(b) "competent authority" means the Chief Labor Commissioner (Central);]

(c) "Form" means a form appended to these rules;

(d) "muster-roll" means a muster-roll maintained under rule 3;

(e) "Registered Medical Practitioner" means a medical practitioner whose name has been enrolled in a register maintained under any law for the time being in force regulating the registration of practitioners of medicine;

(f) "section" means a section of the Act;

(g) All other words and expressions used hereinafter but not defined herein shall have the same meaning as respectively assigned to them in the Act.

(1) The employer of every mine or circus in which women are employed shall prepare and maintain a muster-roll in Form 'A' and shall enter therein particulars of all women workers in the mine or circus.

(2) All entries in the muster-roll shall be made in ink and maintained up-to-date and it shall always be available for inspection by the Inspector during working hours.

(3) The employer may enter in the muster-roll such other particulars as may be required for any other purpose of the Act.

(1) The fact that a woman is pregnant or has been delivered of a child ²[or has undergone miscarriage or medical termination of pregnancy or tubectomy operation or is suffering from illness arising out of pregnancy, delivery, premature birth of a child or miscarriage or medical termination of pregnancy or tubectomy operation] shall be proved by the production of, a certificate to that effect,-

(a) from a Medical Officer of a regional hospital or a dispensary set up under the Coal Mines Welfare Organization; or

(b) where there is a Mines Board of Health within whose jurisdiction the mine is situated, from the Medical Officer of that Board; or

(c) from a Registered Medical Practitioner.

The certificate shall be in Form 'B'.

(2) The fact that a woman has been confined may also be proved by the production of a certified extract from a birth register maintained under the provisions of any law for the time being in force or a certificate signed by a registered midwife.

(3) The fact that a woman has undergone miscarriage may also be proved by the production of a certificate signed by a registered midwife.

(4) The fact of death of a woman or a child may be proved by the production of a certificate to that effect in Form 'C' from any of the authorities referred to in sub-rule (1) or by the production of a certified extract from a death register maintained under the provisions of any law for the time being in force.

(5) The certificate from a registered midwife shall be in Form 'D'.

(1) A woman employed in a mine or circus and entitled to maternity benefit shall give notice to her employer in Form 'E' and the employer shall make payment of the maternity benefit and any other amount due under the Act to the woman concerned, or, in case of her death before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to section 5(3), to the person nominated by the woman in her notice in Form 'E' and in case there is no such nominee to her legal representative.

(2) In case of doubt, the maternity benefit or other amount due to a woman employed in a mine or circus shall be deposited by the employer, within two months of the date of death of the woman concerned with the competent authority, who shall, after making necessary enquiries, pay it to the person who, in his opinion, is entitled to receive it.

(3) Whenever the payment referred to in sub-rule (1) is made, a receipt shall be obtained by the employer in Form 'F' from the person to whom the payment is made. In cases falling under sub-rule (2), a receipt shall be given to the employer by the competent authority.

(4) The medical bonus shall be paid along with the second installment of the maternity benefit.

(5) The maternity benefit or any other amount payable under section 7 shall be paid within two months of the date of death of the woman entitled to receive such benefit or amount.

(6) The wages payable under section 9 shall be paid to the woman entitled to receive such wages within forty-eight hours of production by her of the certificate in Form 'B' or Form 'D'.

³[(6a) The wages payable under section 9A of the Act shall be paid to the woman entitled to receive such wages within forty-eight hours of production by her of the certificate in Form B.]

(7) The wages payable under section 10 shall be paid to the woman entitled to receive such wages within forty-eight hours of the expiry of the period of leave referred to in that section.

Each of the two breaks mentioned in section 11 shall be of 15 minutes' duration. An extra sufficient period, depending upon the distance to be covered, shall be allowed for the purpose of journey to and from the creche or the place where the children are left by women while on duty, provided that such extra period shall not be of less than 5 minutes and more than 15 minutes' duration. If any dispute arises regarding such extra period, the matter shall be referred to the competent authority for decision.

(1) The competent authority shall be responsible for the administration of these rules throughout the territories to which they extend.

(2) Every Inspector shall discharge his duties within the area assigned to him by the Central Government and shall act under the supervision and control of the competent authority.

(3) Every Inspector shall at each inspection of a mine or circus see,-

(a) whether due action has been taken on every notice given under section 6;

(b) whether the muster-roll prescribed under rule 3 is correctly maintained;

(c) whether there have been any cases of discharge or dismissal or notices of discharge or dismissal in contravention of the provisions of section 12 since the last inspection;

(d) whether the provisions of section 4(1), sub-sections (5) and (6) of section 6, sections 8, 9, ³[9A], 10, 11, 13 and 19 have been complied with and whether amounts due have been paid within the prescribed time;

(e) whether there have been any cases of deprival of maternity benefit or medical bonus in contravention of section 12(2); and

(f) how far the irregularities pointed out at previous inspections have been remedied and how far orders previously issued have been complied with.

(4) Where an Inspector observes irregularities against the Act or these rules, he shall issue orders in writing to the employer asking the latter to rectify the irregularities within a specified period and to report compliance to the Inspector.

The following acts shall constitute gross misconduct for purpose of section 12, namely,-

(a) willful destruction of employer's goods or property;

(b) assaulting any superior or co-employee at the place of work;

(c) criminal offence involving moral turpitude resulting in conviction in a court of law;

(d) theft, fraud, or dishonesty in connection with the employer's business or property; and

(e) willful non-observance of safety measure or rules on the subject or willful interference with safety devices or with fire fighting equipment.

(1) An appeal under section l2 (2) (b) shall be preferred to the competent authority in Form 'G' (2) The appeal may be made in writing and either handed over personally or sent under a registered cover to the competent authority.

(3) When an appeal is received, the competent authority shall furnish a copy of the memorandum of appeal to the employer, call for his reply thereto and also ask him to produce documents connected with the issue of the appeal by a fixed date. The competent authority may ascertain further details, if necessary, from the employer as well as from the woman. On considering the facts presented to him and ascertained by him the competent authority shall give his decision. In case the employer fails to submit his reply or produce the required documents within the specified period, the competent authority may give his decision ex parte.

(1) A complaint under section l7(1) shall be made in writing in Form 'H', or 'I' as the case may be.

(2) When a complaint referred to in section l7 is received by an Inspector, he shall examine the relevant records maintained by the employer in this behalf, examine any person employed in the mine or circus and take down necessary statement for the purpose of the enquiry and if he is satisfied that the maternity benefit or the amount has been improperly withheld, he shall direct the employer to make the payment to the woman or to the person claiming the payment under section 7, as the case may be, immediately or within a specified period.

(1) An appeal against the decision of the Inspector under section 17(2), shall lie to the competent authority.

(2) The aggrieved person shall prefer an appeal in writing to the competent authority in Form 'J' and file other supporting documents.

(3) When an appeal is received, the competent authority shall call from the Inspector before a fixed date, the record of the case. The competent authority shall, if necessary, also record the statements of the aggrieved person, and of the Inspector and seek clarification if any is required.

(4) Taking into account the documents, the evidence produced before him and the facts presented to him or ascertained by him, the competent authority shall give his decision.

The employer shall supply to every woman employed by him at her request free of cost copies of Forms 'B', 'C', 'D', 'E', 'F', 'G', 'H' and 'I'.

Nothing in rules 5, 9 and 10 shall affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act if she fails to submit a notice, appeal or complaint under the said rules, as the case may be, in a prescribed form:

PROVIDED that where a notice, appeal or complaint under the said rules has been submitted by a woman entitled to receive maternity benefit or any other amount due under the Act in a form other than the prescribed form, the authority concerned may, within 15 days of the receipt of such notice, appeal or complaint require the woman to submit the notice, appeal or complaint, as the case may be, in the prescribed form.

Records kept under the provisions of the Act and these rules shall be preserved for a period of two Years from the date of their preparation.

The abstract of the provisions of the Act and these rules required to be exhibited under section 19 shall be in Form 'K' and shall be exhibited in such manner as the competent authority may require.

(1) The employer of every mine or circus shall on or before the 21st day of January in each year submit to the competent authority a return in each of the Forms 'L', 'M','N' and 'O' giving information as to the particulars specified in respect of the preceding year.

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus he shall, within one month of the date of sale or abandonment or four months of the date of discontinuance, as the case may be, submit to the competent authority a further return in each of the said forms in respect of the period between the end of the preceding year and the date of sale, abandonment of discontinuance.

[Rule 3]

Name of mine or circus

1. Serial number

2. Name of woman and her father's (or, if married, husband's) name

3. Date of appointment

4. Nature of work

5.Dates with month and year in which she is employed, laid off and employed

6. Date on which the woman gives notice under section 6

7. Date of discharge/dismissal, if any

8. Date of production of proof of pregnancy under section 6

9. Date of birth of child

10. Date of production of proof of delivery/ miscarriage/ ²[Medical termination of pregnancy/ tubectomy operation/death]

11. Date of production of proof of illness referred to in section l0

12. Date with the amount of maternity benefit paid in advance of expected delivery

13. Date with the amount of subsequent payment of maternity benefit

14. Date with the amount of bonus, if paid, under section 8

15. Date with the amount of wages paid on account of leave under section 9

³[15A. Date with the amount of wages paid on account of leave under section 9A]

16. Date with the amount of wages paid on account of leave under section 10 and period of leave granted

17. Name of the person nominated by the woman under section 6

18. If the woman dies, the date of her death, the name of the person to whom maternity benefit and/or other amount was paid, the amount thereof, and the date of payment

19. If the woman dies and the child survives, the name of the person to whom the amount of maternity benefit was paid on behalf of the child and the period for which it was paid

20. Signature of the employer of the mine or circus authenticating the entries in the muster-roll

21.Remarks column for the use of the Inspector

[Rule 4(1)]

This is to certify that I examined ____________ wife/daughter of ____________ a woman employee in __________ (name of ³[mine or circus]) on _________ (date) and found/ cannot discover that she is pregnant and is expected to be delivered of a child within (month and/days) from the above mentioned date/has under gone miscarriage/ ³[medical termination of pregnancy or tubectomy operation]/ has been delivered of a child on _______ (date) or is suffering from _______ (date) from illness arising out of pregnancy/delivery/premature birth of a child or miscarriage/ ³[medical termination of pregnancy of tubectomy operation].

Signature, qualifications and designation of Medical Officer/Medical Practitioner

Date _________

Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961-

1. "Child" includes a still-born child

2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.

[Rule 4(4)]

This is to certify that Smt. ____________ wife/ daughter of ___________ employed in _________ (name of ³[mine or circus]) expired on _________ before/ during/ after confinement. The child died on __________ / survives her.

Signature, qualifications and designation of

Date _________ Medical Officer/ Medical Practitioner

[Rule 4(5)]

This is to certify that I examined _________ wife/daughter of ____________ a woman employed in _________ (name of ³[mine of circus]) and found that she has been delivered of a child/ has undergone miscarriage on ________ (date).

Date __________ Signature of registered midwife.

Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961-

1. "Child" includes a still-born child

2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.

[Rule 5(1)]

To

___________________ (name of mine or circus)

I _________ (name of woman) wife/ daughter of ___________ employed as _______ at ______ (name of mine or circus), hereby give notice that I expect to be confined within six weeks next following from the date of this notice/have given birth to a child on _____ (date) and shall be absent from work from _______ (date). I shall not work in any establishment during the period for which I receive maternity benefit.

2. For the purpose of section 7, I hereby nominate ______ (here enter name and address of the nominee) to receive maternity benefit and/ or any other amount due to me under the Act in case of my death.

Signature of thumb impression of woman

Date _____________

Signature of an Attester in case the woman is not able to sign and affix thumb impression.

[Rule 5(3)]

To

___________________ (name of mine or circus).

I, __________, the undersigned, a woman employee/ the nominee of ________ woman employee/ legal representative of woman employee deceased in _______ (name of mine or circus) at _______ in ________ district received maternity benefit and/or other amount due under the Maternity Benefit Act, 1961, from the employer of mine or circus referred to above, as detailed below:-

Rs.______ being the first installment of maternity benefit paid on _________ .

Rs.______ being the second installment of maternity benefit after delivery paid on _________

Rs.______ being the medical bonus under section 8 of the Act paid on _________

Rs.______ being the wages for the leave period from _____ to _____ mentioned under ²[section 9, 9A or 10].

*My/ Her confinement/ miscarriage ³[medical termination of pregnancy or tubectomy operation] took place on _______ or I/ she fell ill because of pregnancy, delivery, premature birth of a child or miscarriage ³[medical termination of pregnancy or tubectomy operation] on _____. In consequence I,_____ her nominee/ legal representative have received the aforesaid amounts prescribed in ¹[sections 5, 8, 9, 9A and 10] of the Maternity Benefit Act, 1961.

Date ________ Signature or thumb impression of __________

*Woman employee or her nominee or legal representative

Signature of an attester in case the woman is not able to

Date ________ sign and affixes thumb impression

*Strike out unnecessary portion.

[Rule 9]

To

The Competent Authority

(Appointed under the Maternity Benefit Act, 1961)

________ (Address)

Sir,

I, ______, the undersigned, woman employee of ______ (name and full address mine or circus) have been wrongly deprived by the employer of maternity benefit or medical bonus or both (strike out unnecessary portion) for the reasons attached hereto, prefer this appeal under sub-section (2) of section 12 and request that the said employer be ordered to pay the above mentioned amount to me. A copy of the order of the employer in this behalf is enclosed.

Date ________ Signature or thumb impression of the woman

Date _______ Signature of an Attester in case the woman is not able to sign and affixes thumb impression. Full address of the nominee/ legal representative

[Rule 10]

To

The Inspector,

(Under the Maternity Benefit Act, 1961)

Sir,

I ______ (name of woman) employed in _________ (name and full address of ³[mine or circus]) having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the Rules thereunder, am entitled to Rs. ______ being maternity benefit and/ or Rs. ____ being the medical bonus and/ or Rs. ____ being wages for leave due under ²[section 9 or 9A] 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me.

Date _________ Signature or thumb impression of the woman.

Date ________ Signature of an Attester in case the woman is unable to sign and affixes thumb impression. Full address of the woman.

[Rule 10]

To

The Inspector

(Under the Maternity Benefit Act, 1961)

I, ______ (name), a person nominated under section 6 by or a legal representative of _____ (name of woman) employed in ______ (name and full address of mine or circus) have to complain that the said woman having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the Rules thereunder is entitled to Rs. _____ being maternity benefit and/ or Rs. ____ being the medical bonus and/ or Rs._____ being wages for leave due under ²[section 9 or 9A] or 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me.

Date ________ Signature or thumb impression of the nominee/ legal representative

Date ________ Signature of an Attester in case the nominee/ legal representative is unable to sign and affixes thumb impression.

Full address of the nominee/legal representative.

[Rule 11]

To

Sir,

Shri ______, Inspector, having directed under sub-section (2) of section 17 to pay the maternity benefit or other amount being _______ (nature of amount) to which ______ (name of woman) is said to be entitled, I prefer this appeal under sub-section (3) of section 17. In view of the facts mentioned in the memorandum attached hereto and other documents filed herewith it is submitted that the woman is not entitled to the maternity benefit or the said amount and hence the decision of the Inspector in this behalf, copy of which is enclosed, may be set aside.

Date _______ Signature of aggrieved person.

Full address ____________

FORM K: Abstract of the Maternity Benefit Act, 1961, and the Rules Made There under

[Rule 15]

1. No employer shall knowingly employ a woman during the six weeks immediately following the day of her delivery of miscarriage / ³[medical termination of pregnancy] and no woman shall work in any establishment during the said period.

2. No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period of one month immediately preceding the period of six weeks before the date of her expected delivery and also for any period during this period of six weeks for which she does not avail of leave of absence, any work which is of an arduous nature or which involves long hours of standing, or which in way i s likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

3.²[(1) Subject to the provisions of the Act, every woman who has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days, including the days during which she was laid off, shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of her average daily wages, or the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948, or ten rupees a day, whichever is highest, for the period of her actual absence not exceeding six weeks immediately preceding the day of delivery and the remaining period immediately following that day:

PROVIDED that the qualifying period of eighty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration:

PROVIDED FURTHER that where a woman dies during the period for which maternity benefit is payable to her, the benefit shall be payable only for the days up to and including the day of her death. However, where the woman having been delivered of a child, dies during her delivery or during the remaining period of maternity benefit leaving behind in either case the child, the employer shall be liable for the payment of maternity benefit for the entire period of maternity benefit following the day of her delivery but if the child also dies during the said period, then, for the days up to and including the day of the death of the child.]

(2) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of a certificate in Form 'B' stating that she is pregnant and is expected to be delivered of a child within six weeks of the date of production of the certificate, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of the certificate in form 'B' or Form 'D' stating that she has been delivered of a child or production of a certified extract from a Birth Register maintained under the provisions of any law for the time being in force.

4. (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form 'E' to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry ²[of the remaining period of maternity benefit] after the day of her delivery.

5. (1) Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of ²[two hundred and fifty rupees], if no pre-natal, confinement and post-natal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit.

(2) In case of miscarriage, a woman shall, on production of a certificate in Form 'B' or Form 'D' be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage. The wages shall be paid within 48 hours of production of the certificate in Form 'B' or Form 'D'.

³[(2a) In case of medical termination of pregnancy, a woman shall, on production of a certificate in Form 'B' be entitled to leave with wages of the rate of maternity benefit for a period of six weeks immediately following the day of her medical termination of pregnancy. The wages shall be paid within 48 hours of production of the certificate in form 'B'.]

(3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child of miscarriage/ ²[medical termination of pregnancy or tubectomy operation] shall, on production of a certificate in Form 'B', be entitled, in addition to the period of absence allowed to her on account of maternity or miscarriage/ ²[medical termination of pregnancy or tubectomy operation], as the case may be, to leave with wages at the rate of maternity benefit for a maximum period of one month. The wages for the leave period shall be paid within 48 hours of the expiry of that period.

6. Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of 15 minutes' duration for nursing the child until the child attains the age of fifteen months. An extra sufficient period, depending upon the distance to be covered, shall be allowed for the purpose of the journey to and from the creche or the place where the children are left by women while on duty, provided that such extra period shall not be less than 5 minutes and more than 15 minutes' duration.

7. (1) When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for which discharge or dismissal would have been entitled to maternity benefit or medical bonus shall not have the effect of depriving her of the maternity benefit or medical bonus:

PROVIDED that where the dismissal is for one or more of the following acts, the employer may, by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus or both-

(i) willful destruction of employer's goods or property;

(ii) assaulting any superior or co-employee at the place of work;

(iii) criminal offence involving moral turpitude resulting in conviction in a court of law;

(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and

(v) willful non-observance of safety measures or rules on the subject or willful interference with safety devices or with fire-fighting equipment.

(b) Any woman deprived of maternity benefit or medical bonus or both, may within sixty days from the date on which the order of such deprivation is communicated to her, appeal in Form 'G' to ¹[the competent authority and his decision] on such appeal whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final.

8. If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of the Act, she shall forfeit her claim to the maternity benefit for such period.

9. (1) Any woman claiming the maternity benefit or any other amount to which she is entitled under the Act and any person claiming that payment due has been improperly with held may make a complaint to the Inspector in writing in Form 'H' or 'I' as the case may be.

(2) The Inspector may, of his own motion or on receipt of a complaint in Form 'H' or 'I' make an inquiry or cause an Enquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders.

(3) Any person aggrieved by the decision of the Inspector may, within, thirty days from the date on which such decision is communicated to such person, appeal to ¹[the Chief Inspector of Mines].

(4) The decision of ⁴[***] ¹[the competent authority] where an appeal has been preferred to him or of the Inspector where no such appeal has been preferred, shall be final.

10.(a) The employer shall supply to every woman employed by him at her request free of cost copies of Forms 'B', 'C', 'D', 'E', 'F', 'G', 'H' and 'I'.

(b) The failure to submit a notice, appeal or complaint in the prescribed form will not affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act. Where a notice, appeal or complaint has been received in a form other than the prescribed form, the authority concerned shall within fifteen days of the receipt of such notice, appeal or complaint, require the woman to submit the notice, appeal or complaint, as the case may be in the prescribed form.

11. (a)(1) The employer of ⁵[every mine or circus] in which women are employed shall prepare and maintain a muster-roll in Form 'A' and shall enter therein particulars of all women workers in ⁵[the mine or circus.]

(2) All entries in the muster-roll shall be made in ink and maintained up-to-date and it shall always be available for inspection by the Inspector during working hours.

(b) The employer of every mine or circus shall on or before the 21st day of January in each year submit ⁴[***] ¹[the competent authority] a return in each of the Form 'L', 'M', 'N' and 'O', giving information as to the particulars specified in respect of the preceding year.

[Rule 16]

1 .Name of the mine or circus

2. Situation of the mine of circus

Mauza

District

State

Nearest Railway Station

3. Date of opening of the mine or circus

4. Date of closing, if closed

5. Postal address of the mine or circus

6. Name of employer and postal address of employer

7. Name of managing agent, if any and postal address of managing agent

8. Name of Agent or representative of employer and postal address of representative of employer

9. Name of manager and postal address of manager

10. (a) Name of medical officer, attached to the mine or circus

(b) Qualification of medical officer attached to the mine or circus

(c) Is he resident at the mine or circus ?

(d) If a part-time employee, how often does he pay visits to the mine or circus

11. (a) Is there any hospital at the mine or circus ?

(b) If so, how many beds are provided for women employees ?

(c) Is there a lady doctor ?

(d) If so, what are her qualifications ?

(e) Is there a qualified midwife ?

(f) Has any creche been provided ?

Date ________ Signature of employer

[Rule 16]

1. Name of the mine or circus

2. Aggregate number of women permanently or temporarily employed during the year

3. Number of women who worked for a period of not less than ²[eighty days] in the twelve months immediately preceding the date of delivery

4. Number of women who gave notice under section 6

5. Number of women who were granted permission to remain absent on receipt of notice of confinement

6. Number of claims for maternity benefit paid

7. Number of claims for maternity benefit rejected

8. Number of cases where pre-natal, confinement and post-natal care was provided by the management free of charge (section 8)

9. Number of claims for medical bonus paid (section 8)

10. Number of claims for medical bonus rejected

11. Number of cases in which leave for miscarriage/ ³[MTP] was granted

12. Number of cases in which leave for miscarriages/ ³[MTP] was applied for but was rejected

³[12a. Number of cases in which leave for tubectomy operation under section 9A was granted

12b. Number of cases in which leave for tubectomy operation was applied for but was rejected]

13. Number of cases in which additional leave for illness under section 10 was granted.

14. Number of cases in which additional leave for illness under section 10 was granted.

15. Number of women who died

(a) before delivery

(b) after delivery

16. Number of cases in which payment was made to persons other than the woman concerned

17. Number of women discharged or dismissed while working

18. Number of women deprived of maternity benefit and/or medical bonus under proviso to sub-section (2) of section 12

19. Number of cases in which payment was made on the order of the competent authority or Inspector

20. Remarks

N.B.-Full particulars of each case and reasons for the action taken under serials 7, 10, 12, 14, 17 and 18 should be given in Appendix below:-

Date __________ Signature of employer.

[Rule 16]

Name of person to whom paid Amount paid

1. Date of payment

2. Woman employee

3. Nominee of the woman

4. Legal representative of the woman

5. Amount for the period preceding date of expected delivery

6. Amount for the subsequent period

7. Under section 8 of the Act

8. Under section 9 of the Act

³[8a. Under section 9A of the Act.]

9. Under section 10 of the Act

10. Number of women workers who absconded after receiving the first installment of maternity benefit

11. Cases where claims were contested in a court of law

12. Results of such cases

13. Remarks

Date ___________ Signature of employer

[Rule 16]

(For mines)

N.B.-Reasons for prosecution should be given in full in the Appendix below:

Date ______________ Signature of employer.