Punjab Maternity Benefit Rules, 1967

1. Short title. –

These rules may be called the Punjab Maternity Benefit Rules, 1967.

2. Definitions. –

In these rules, unless the context otherwise requires: –

(a) “Act” means the Maternity Benefit Act, 1961 (Central Act 53 of 1961);

(b) “Component Authority” in relation to an establishment shall be the Chief Inspector of Factories, Punjab, or any person authorized by the State Government by a Notification in this behalf;

(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.

3. Muster roll. Sections 20 and 28(2)(a). –

(1) The employer of every establishment including an establishment belonging to Government, in which women are employed shall prepare and maintain a muster roll in form ‘A’ [-].

(2) All entries in the muster roll shall be made in ink and maintained up to date and it shall always be available for in section 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. Form of Notice under Section 4. Sections 6(1) and 28(2) (k). –

The written notice referred to in Section 6 shall be in Form ‘B’.

5. Proof. Sections 6(5) and 28(2)(e). –

(1) The fact that a woman is pregnant or has been delivered of a child or has undergone miscarriage or is suffering from illness arising out or pregnancy, delivery, premature birth of child or miscarriage shall be proved by the production of a certificate to that effect in Form ‘C’ from—

(a) a Medical Officer of a Civil Hospital or of a dispensary set up by the State Government; or

(b) a Registered Medical Practitioner.

(2) The fact that a woman has been confined may also be proved by the production of certified [copy of an] 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 mid-wife in Form D’.

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

(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 ‘E’ from any of the authorities referred to in sub-rule (1) or by the production of a certified [copy of an] extract from a death register maintained under the provisions of any law for the time being in force.

6. Payment of maternity and other benefit. Sections 6 and 28(2)(c). –

(1) 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, benefit under the second proviso to sub-section (3) of Section 5, to the person nominated by the woman in her notice in Form ‘B’ and in case there is no such nominee to her legal representative.

(2) In case of any doubt, the maternity benefit or other amount due to a woman under the Act, shall be paid by the employer to the recipient after necessary enquiries are made by the Competent Authority to ensure that the person to whom the payment is to be made, 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 by the recipient of the benefit in Form ‘F’ to the employer after receiving the payment in the presence of Competent Authority of his nominee who shall counter sign it.

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

(5) The payment under Section 7 shall be made within two months of the date of death of the woman entitled to receive the payment.

(6) The wages due under Section 10 shall be paid within a week of the beginning of the period of leave referred to in that section on the production of a certificate in Form ‘C’ from the medical office of a Civil Hospital or of a Dispensary set up by the State Government or form a Registered Medical Practitioner.

(7) The wages due under Section 10 shall be paid within a week of the beginning of the period of leave referred to in that section on the production of a certificate in Form ‘C’ from the medical officer of a Civil Hospital or of a Dispensary set up by the State Government or from a Registered Medical Practitioner.

7. Break for nursing child. Section 11 read with section 28(2) (1) –

Each of the two breaks mentioned in Section 11 shall be of 20 minutes duration:

Provided that in case the creche or place where children are left by woman while on duty is not in the vicinity of the place of work a period up to 15 minutes more may be allowed for the purpose of journey to and from creche or the place.

8. Restriction and conditions governing the working of the Competent Authority and Inspectors under the Act. Sections 15 and 28(2)(b). –

(1) The Competent Authority shall be responsible for the due administration of these rules.

(2) Every Inspector shall discharge his duties within the area assigned to him by the State Government, and shall act under the supervision and control of the Competent Authority.

(3) No Inspector shall physically examine or question any woman worker in respect of her pregnancy. In case of any doubt in this respect, he may immediately refer the case to a female registered medical practitioner for examination and report and any fees payable for such an examination shall be paid by the employer of the woman worker.

(4) The Inspector shall issue written instructions for ensuring the compliance of [] the provisions contained in the Act and for the production of the records in his office within 24 hours of the conduct of the inspection in case where the records are not made available at the time of inspection for the reasons beyond the control of the management.

9. Gross misconduct. Sections 12 and 28(2)(g). –

The following facts shall constitute gross misconduct for the purposes of Section 12, namely: –

(a) willful destruction of goods or property of the employer of value exceeding Rs. 100. However, this shall not include the cost of defective production due to lack of skill.

(b) The nefarious immoral activities established to the satisfaction of Competent Authority.

10. Appeal under Section 12. Sections 12(2)(b) and 28(2)(b). –

(1) An appeal under clause (b) of sub-section (2) of Section 12 shall be preferred to the Competent Authority in Form ‘G’.

(2) The appeal may be made in writing and wither 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 ask him to produce documents connected with the issue of appeal by a fixed date. 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 exparte.

11. Complaint under Section 17. sections 17(1) and 28(2)(j). –

(1) A complaint under sub-section (1) of Section 17 shall be made in writing in Form ‘H’ or Form ‘I’, as the case may be.

(2) When a complaint referred to in Section 17 is received by an Inspector he shall examine the relevant records maintained by the employer in this behalf, examine any person employed in the establishment 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.

12. Appeal under Section 17, sections 17 and 28(2)(i). –

(1) An appeal against the decision of the Inspector under sub-section (2) of Section 17 shall lie to the Competent Authority.

(2) The aggrieved person shall prefer an appeal in writing to the Competent Authority in Form ‘j’ and the other supporting documents.

(3) When an appeal is received, the Competent Authority shall [issue a notice of appeal to the opposite party and] call upon the Inspector to produce before him, before a fixed date, a copy of his decision and other documents concerning the decision. 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, [and after giving to the parties an opportunity of being heart] the Competent Authority shall give his decision.

13. Supply of forms. Section 28(2)(k). –

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’.

14. Records. Sections 20 and 28(2)(a). —

Records kept under the provisions of the Act and these rules shall be preserved for a period [of three years from the date of last entry made therein].

15. Abstract. Sections 1 and 28(1). —

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 Return. Section 28(2)(k). —

(1) The employer of every establishment 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 proceeding year.

(2) If the employer of an establishment to which the Act applies sells, abandons or discontinues the working of the establishment, 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 or discontinuance.

Download FORM “A” “B” “C” “D” “E” “F” “G” “H” “I” “J” “K” “L” “M” “N” “O”

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