[Act No. 53 of Year 1961, dated 12th.
December, 1961]
An
Act to regulate the employment of women in certain establishments
for certain period before and after child-birth and to provide for
maternity benefit and certain other benefits
Be it enacted by Parliament in the
Twelfth Year of the Republic of India as follows: -
1. Short title, extent and
commencement
(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.
2. Application of Act
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.
3. Definitions In this Act, unless the
context otherwise requires-
(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 Labour 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 foodgrains 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.
4. Employment of, or work by
women prohibited during certain periods
(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 foetus, 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.
5. Right to payment of maternity
benefits
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, Labour Court Coimbatore, AIR
1978 SUPREME COURT 12
16[5A. Continuance of payment of
maternity benefit in certain cases
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.]
15[5B. Payment of maternity benefit
in certain cases
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.]
6. Notice of claim for maternity
benefit and payment thereof
(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.
7. Payment of maternity benefit
in case of death of a woman
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.
8. Payment of medical
bonus
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.
18[9. Leave for miscarriage,
etc.
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.]
10[9A. Leave with wages for
tubectomy operation
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,
19[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.
11. Nursing breaks
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.
12. Dismissal during absence of
pregnancy
(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).
13. No deduction of wages in
certain cases
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.
14. Appointment of
Inspectors
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.
15. Powers and duties of
Inspectors
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.
16. Inspectors to be public
servants
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).
17. Power of Inspector to direct
payments to be made
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.]
18. Forfeiture of maternity
benefit
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 authorised
absence, she shall forfeit her claim to the maternity benefit for
such period.
19. Abstract of Act and rules
thereunder to be exhibited
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.
20. Registers, etc.
Every employer shall prepare and maintain
such registers, records and muster-rolls and in such manner as may
be prescribed.
4[21. Penalty for contravention of
Act by employer
(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.]
22. Penalty for obstructing
Inspector
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.
21[23. Cognizance of
offences
(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 organisation
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.]
24. Protection of action taken in
good faith
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.
25. Power of Central Government
to give directions
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.
26. Power to exempt
establishments
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 favourable 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.
27. Effect of laws and agreements
inconsistent with this Act
(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 favourable to her
than those to which she would be entitled under this Act, the woman
shall continue to be entitled to the more favourable 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 favourable to her than those to which
she would be entitled under this Act.
28. Power to make
rules
(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.]
29. Amendment of Act 69 of
1951
In section 32 of the Plantations Labour
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.
30. Repeal
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
MATERNITY BENEFIT (MINES AND CIRCUS)
RULES, 1963
In exercise of the powers conferred by
section 28 of the Maternity Benefit Act, 1961 (53 of 1961), the
Central Government hereby makes the following rules, the same having
been previously published as required by sub-section (1) of the said
section, namely: -
1. Short title and
commencement
(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.
2. Definitions
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 Labour 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.
3. Muster-roll
(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.
4. Proof
(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
Organisation; 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'.
5. Payment of maternity and other
benefit
(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 instalment 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.
6. Break for nursing
child
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.
7. Duties and powers of the
competent authority and Inspectors
(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.
8. Acts which constitute gross
misconduct
The following acts shall constitute gross
misconduct for purpose of section 12, namely,-
(a) wilful 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) wilful non-observance of safety
measure or rules on the subject or wilful interference with safety
devices or with fire fighting equipment.
9. Appeal under section
12
(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.
10. Complaint under section
17
(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.
11. Appeal under section
l7
(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.
12. Supply of forms
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'.
13. Non-submission of notices,
appeals or complaints in the prescribed forms
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.
14. Records
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.
15. Abstract
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.
16. Annual returns
(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.
FORM A: MUSTER-ROLL
[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
| Month |
No. of days
employed |
No. of days laid
off |
No. of days not
employed |
Remarks |
| |
|
|
|
|
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
FORM B: MEDICAL
CERTIFICATE
[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.
FORM C: DEATH
CERTIFICATE
[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
FORM D :CERTIFICATE OF
DELIVERY/MISCARRIAGE
[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.
FORM E: NOTICE UNDER SECTION 6 OF
THE MATERNITY BENEFIT ACT, 1961 FOR PROCEEDING ON MATERNITY
LEAVE
[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 Attestor in case the
woman is not able to sign and affix thumb impression.
FORM F: RECEIPT OF MATERNITY
BENEFIT
[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 instalment of
maternity benefit paid on _________ .
Rs.______ being the second instalment 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 attestor in case the
woman is not able to
Date ________ sign and affixes thumb
impression
*Strike out unnecessary portion.
FORM G: APPEAL
[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 Attestor in
case the woman is not able to sign and affixes thumb impression.
Full address of the nominee/ legal representative
FORM H: COMPLAINT
[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 Attestor in
case the woman is unable to sign and affixes thumb impression. Full
address of the woman.
FORM I: COMPLAINT
[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 Attestor in
case the nominee/ legal representative is unable to sign and affixes
thumb impression.
Full address of the nominee/legal
representative.
FORM J: APPEAL UNDER SECTION
17
[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 THEREUNDER
[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
foetus, 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 instalment 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) wilful 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) wilful non-observance of safety
measures or rules on the subject or wilful 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.
FORM L: ANNUAL RETURN FOR THE
YEAR ENDING ON THE 31ST DECEMBER, 19....
[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
FORM M: EMPLOYMENT, DISMISSAL,
PAYMENT OF BONUS, ETC., OF WOMEN FOR THE YEAR ENDING ON 31ST
DECEMBER, 19......
[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.
FORM N: DETAILS OF PAYMENT MADE
DURING THE YEAR ENDING 31ST DECEMBER, 19...
[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 instalment 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
FORM O: PROSECUTION DURING THE
YEAR ENDING 31ST DECEMBER, 19....
[Rule 16]
| Place of employment of
the woman employee |
Number of case
instituted |
Number of cases which
resulted in conviction |
Remarks |
| |
|
|
|
(For mines)
N.B.-Reasons for prosecution
should be given in full in the Appendix below:
Date ______________ Signature of
employer.