(1)
These
rules may be called the Andhra Pradesh Maternity Benefit Rules, 1966. (2)
They
shall come into force on 20th June, 1966. In these rules, unless the context otherwise
requires,- (a)
"Act"
means the Maternity Benefit Act, 1961 (Central Act 53 of 1961). (b)
"Competent
Authority" means in relation to establishments other than mines, the Chief
Inspector of Factories. (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 inforce
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 establishment 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 establishment. (2)
All
entries in the muster roll shall be made in regional language in ink and
maintained upto 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 or has undergone
miscarriage or is suffering from illness arising out of pregnancy, delivery,
premature birth of a child or miscarriage shall be proved by the production of
a certificate to that effect,- (a)
from
a Medical Officer of a Government Hospital or a dispensary set up by the
employer of an establishment for providing medical aid to the workers employed
by him; or (b)
where
there is a hospital set up by the Employees State Insurance Corporation from the
Medical Officer in charge of the hospital; 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. The certificate
from a registered midwife shall be in Form 'D'. (4)
The
fact of death of a woman or a child may be proved by the production of a
certificate to the 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. (1)
A
woman employed in an establishment and entitled to maternity benefit shall give
notice to her employer in Form 'E'. (2)
The
employer shall make payment of the maternity benefit or other amount due under
the Act to the woman concerned or in cases governed by the 1st and 2nd proviso
to sub-section (3) of Section 5 of the Act 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, as the case may be. (3)
In
case of doubt, the maternity benefit or other amount due to a woman employed in
any establishment, shall be deposited by the employer, within two months from
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. (4)
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. (5)
The
medical bonus shall be paid along with the second instalment of the maternity
benefit. (6)
The
payment under Section 7 shall be made within two months from the date of the
death of the woman. (7)
The
wages due under Section 9 of the Act shall be paid within 48 hours after
production of the certificate in Form "E" or "D". (8)
The
wages due under Section 10 shall be paid within 48 hours of the expiry of the
period of leave referred to in that section. Each of the two breaks mentioned in Section
11 of the Act shall be of 15 minutes duration: Provided that in case the creche or the place
where children are left by woman while on duty is not in the vicinity of the
place of work, a period upto 15 minutes more may be allowed for the purpose of
journey to and fro; Provided further that the extra period
allowed shall not be less than five minutes and shall be fixed depending on the
distance to be covered. In cases of disputes on the extra period allowed, the
matter shall be referred to the Chief Inspector of Factories, whose decision
thereon shall be final. (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
State Government and shall act under the supervision and control of the
competent authority. (3)
Every
Inspector shall at each inspection of an establishment 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 sub-section (1) of Section 4, sub-sections (5) and (6) of
Section 6. Sections 8, 9, 10, 11, 13 and 19 have been complied with and whether
the amounts due have been paid within the prescribed time; (e)
whether
there have been any cases of deprivation of maternity benefit or medical bonus
in contravention of sub-section (2) of Section 12; and (f)
how
far the irregularities pointed out at previous inspections have been remedied
and how far orders previously issued have been complied with. (5)
where
an Inspector observed irregularities against the Act or these rules, he shall
issue orders in writing to the employer asking the latter to rectify the
irregularities with in a specified period and to report compliance to the
Inspector. The following acts shall constitute gross
misconduct for purposes 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 measures or rules on the subject or wilful interference
with safety devices or with fire fighting equipment. (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 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 sub-section (1) of Section 17 shall be made in writing in Form
'H' or T 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 Sec. 7, as
the case may be, immediately or for special reasons within a specified period. (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 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', '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 at or near the main entrance to the establishment. (1)
The
employer of every establishment shall on or before the 31st day of January of
each year submit to the concerned Inspector a common return in Form
"A" giving information as to the each of the Forms 'L', 'M', 'N', and
'O' giving information as to the particulars specified in respect of the
preceding calendar 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 from the date of the
sale or abandonment or four months from the date of discontinuance, as the case
may be submit to the concerned Inspector 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.[1]THE ANDHRA PRADESH MATERNITY BENEFIT RULES,
1966