MADHYA PRADESH MATERNITY BENEFIT RULES, 1965

MADHYA PRADESH MATERNITY BENEFIT RULES, 1965[1]

PREAMBLE

In exercise of the powers conferred by Section 28 of the Maternity Benefit Act, 1961 (No. 53 of 1961), the State Government hereby makes the following rules, the same having been previously published as required in sub-section (1) of the said section, namely :

Rule - 1. Short title and commencement.

These rules may be called the Madhya Pradesh Maternity Benefit Rules, 1965.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires :

(a)      "Act" means the Maternity Benefit Act, 1961 (No. 53 of 1961);

(b)      "Competent Authority" means (i) in relation to a Factory, the Chief Inspector of Factories and (ii) in relation to any other establishment, such authority as may be prescribed, by the State Government;

(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 Maternity Benefit Act, 1961 (No. 53 of 1961).

Rule - 3. Muster roll.

(1)     The employer of every establishment in which women are employed shall prepare and maintain a muster roll in Form A and shall enter the particulars of all woman workers in the establishment.

(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.

Rule - 4. Form of notice under Section 6.

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

Rule - 5. Proof.

(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 child or miscarriage shall be proved by the production of a certificate to that effect, from the registered medical practitioner. The certificate shall be in Form C.

(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 qualified mid-wife.

(3)     The fact that a woman has undergone miscarriage may also be proved by the production of a certificate signed by a qualified 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 D from the authority 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)     For the purposes of sub-rules (2) and (3), the qualifications to be possessed by a mid-wife shall be determined by the State Government. The certificate from a qualified mid-wife shall be in Form E.

Rule - 6. Method and time of payment.

(1)     Payment of maternity benefit and any other amount due under the Act shall be made by the employer to the woman concerned or the person nominated by her in the notice in Form B or her legal representative, as the case may be.

(2)     In case of doubt, the maternity benefit or other amount due shall be paid by the employer to 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 payment under Section 7 shall be made within two months of the date of death of the woman.

(6)     The wages due under Section 9 shall be paid immediately after production of the certificate in Form C or Form E.

(7)     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.

Rule - 7. Break for nursing child.

Each of the two breaks mentioned in Section 11 shall be of 15 minutes duration :

Provided that in case the creche or the place where children are left by women 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 from.

Rule - 8. Duties and powers of the Competent Authority and Inspectors.

(1)     The Competent Authority shall be responsible for the due 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 Competent Authority.

(3)     Every Inspector shall at each inspection of an establishment see

(a)      whether due action has been taken on every notice 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 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 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 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.

(4)     An Inspector may issue orders in writing to the employer asking for the correction of all irregularities against the Act or these rules noticed by him.

(5)     The Inspector shall keep a file of the records of his inspection and shall indicate in a diary the work done by him.

Rule - 9. Acts which constitute gross misconduct.

The following acts shall constitute gross misconduct for purposes of Section 12, namely :

(a)      Wilful destruction of goods or property;

(b)      assault;

(c)      serious crime resulting in a conviction in Court of law;

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

(e)      deliberate tampering with safety arrangements especially if done with intent to cause harm to the employer.

Rule - 10. Appeal under Section 12.

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

(2)     The appeal may be made in writing and either handed over personally or send under a registered cover to the Competent Authority.

(3)     When an appeal is received the Competent Authority shall furnish a copy of the appeal to the employer, call for his reply thereto and also ask him to produce documents connected with the issue of the appeal within 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 he 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.

Rule - 11. Complaint under Section 17.

(1)     A complaint under sub-section (1) of Section 17 shall be made in writing in Form H or 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.

Rule - 12. Appeal under Section 17.

(1)     An appeal against the decision of the Inspector under sub-section (2) of Section 17 shall lie to the Competent Authority under sub-section (3) of that section.

(2)     The aggrieved person shall prefer an appeal in writing to the Competent Authority within the prescribed period in Form J and file other supporting documents.

(3)     When an appeal is received, the Competent Authority shall call upon the said 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 statement of the aggrieved person, and the Inspector and seek clarification if required any.

(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.

Rule - 13. 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.

Rule - 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.

Rule - 15. Abstract.

The abstract of the provisions of the Act and their rules required to be exhibited under Section 19 shall be in such form as the Competent Authority may approve and be exhibited in such manner as that authority may require. The Competent Authority may prepare an abstract and supply copies to an employer who makes an application for the same.

Rule - 16. Annual returns.

(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 K, L, M and giving information as to the particulars specified in respect of the preceding 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.