Maternity Benefit (Mines and
Circus) Rules, 1963
[5th October, 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.
Rule - 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.
Rule - 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;]
(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.
Rule - 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.
Rule - 4. Proof.
(1)
The fact that a woman is
pregnant or has been delivered of a child [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.
(d)
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’.
Rule - 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 sub-section (3) of
Section 5, 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’.
[(6-A)
The wages payable under Section 9-A 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.
Rule - 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.
Rule - 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 sub-section (1) of Section 4, sub-sections (5) and (6) of Section 6,
Sections 8, 9, [9-A], 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)
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.
Rule - 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 measures or rules on the subject or wilful interference with safety
devices or with fire-fighting equipment.
Rule - 9. Appeal under Section 12.
(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 document within the
specified period, the Competent Authority may give his decision ex parte.
Rule - 10. 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
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.
Rule - 11. 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.
(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.
Rule - 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’.
Rule - 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.
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 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.
Rule - [16. Annual return.
(1)
The employer of every
mine or circus shall, on or before the 1st day of February in each year, upload
a unified annual return in Form X online on the web portal of the Central
Government in the Ministry of Labour and Employment, giving information as to
the particulars specified, in respect of the preceding year:
Provided
that during inspection, the inspector may require the production of accounts,
books, register and other documents maintained in electronic form or otherwise.
Explanation. For
the purposes of this sub-rule, the expression “electronic form” shall have the
same meaning as assigned to it in clause (r) of Section 2 of the Information Technology Act, 2000 (21 of
2000).
(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, then, he shall, within one month of the date of
such sale or abandonment or four months of the date of such discontinuance, as
the case may be, upload online, on the web portal of the Central Government in
the Ministry of Labour and Employment, a further unified return in Form X
referred to in sub-rule (1) in respect of the period between the end of the
preceding year and the date of the sale, abandonment or discontinuance.]
Form A
[See Rule 3]
Muster-roll
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 not employed.
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Month
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No. of days employed
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No. of days laid off
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No. of days not
employed
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Remarks
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(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/[Medical
Termination of Pregnancy/Tubectomy Operation/death].
(11)
Date of production of
proof of illness referred to in Section 10.
(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.
[15-A.
Date with the amount of wages paid on account of leave under Section 9-A.]
(16)
Date with the amount of
wages paid on account of leave under Section 10 and period of the 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
[See Rule 4(1)]
This
is to certify that I examined ……………………………. wife/daughter of …………………………, a woman
employee in ………. (name of [mine or
circus]) on ………………………. 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 undergone miscarriage or [medical termination of
pregnancy or tubectomy operation] has
been delivered of a child on ………………… (date) or suffering from ………… (date) from
illness arising out of pregnancy/delivery/premature birth of a child or
miscarriage or [medical termination of pregnancy or 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
stillborn 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
[See Rule 4(4)]
Certificate on death of
a woman or a child
This
is to certify that Smt …………………………………, wife/daughter of …………………… employed in
……………………… (name of [the
mine or circus]) expired on ………………. before/during/after confinement. The child
died on ………………/survives her.
Signature,
qualifications and designation of
Medical
Officer/Medical Practitioner.
Date
………….
Form D
[See Rule 4(5)]
Certificate from a
registered midwife
This
is to certify that I examined …………, wife/daughter of ………, a woman employed in
………… (name of [mine or
circus]) and found that she has been delivered of a child/has undergone
miscarriage on …….(date).
Signature
of registered midwife
Date
………………….
Definitions
of “child” and “miscarriage” as in the Maternity Benefit Act, 1961.
(1)
“Child” includes a
stillborn 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
[See Rule 5(1)]
Notice under Section 6
of the Maternity Benefit Act, 1961
…………………………………………………….
(name of [mine
or circus])
(1)
I, ……………………………………………………………….,
(name of woman) wife/daughter of ……………………………………………………………, employed as ……………… at
………………………………… (name of mine), 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 an Attestor in case the
woman is
not able to sign and
affixes
thumb-impression.
|
Signature
or thumb-impression of woman.
|
Date
……………
Form F
[See Rule 5(3)]
Form of receipt of
Maternity Benefit
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 [the
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 leave period from ………………… mentioned under Section 9 [, 9-A] or
10 …………….
My/Her
confinement/miscarriage, [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 or [medical
termination of pregnancy or tubectomy operation] on ……………. In consequence I,
…………………………, her nominee/legal representative have received the aforesaid
amounts prescribed in Sections 5, 8, 9 [, 9-A] and
10 of the Maternity Benefit Act, 1961.
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 sign and
affixes
thumb-impression.
Date
…………….
Form G
[See Rule 9]
Appeal under S. 12(2)(b)
To
The
Competent Authority
appointed
under the Maternity Benefit Act, 1961
…………………
(Address)
Sir,
I,
………………, the undersigned, woman employee of …………. (name of [mine or
circus] and full address), having 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
benefit is enclosed.
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
[See Rule 10]
Complaint under S. 17(1)
To
The
Inspector,
(Under
the Maternity Benefit Act, 1961).
Sir,
I,
…………………………………………, (name of woman) employed in ………………………………………… (name and full
address of [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 Section 9 [or 9-A] or
10 but the same has been improperly withheld by the employer. He may,
therefore, be directed to pay the amount to me.
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
Date
……………
Form I
[See Rule 10]
Complaint under S. 17(1)
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) 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 Section 9 [or 9-A] or
10 but the same has been improperly withheld by the employer. He may,
therefore, be directed to pay the amount to me.
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.
Date
……………
Full
address of the nominee/legal representative
Form J
[See Rule 11]
Appeal against the
decision of the Inspector
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 fact
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.
Signature
of aggrieved person
Full
address ………………
………………
Date
…………………
Form K
[See Rule 15]
(Abstract of the
Maternity Benefit Act, 1961, and the rules made thereunder.)
1.
No employer shall
knowingly employ a woman during the six weeks immediately following the day of
her delivery or miscarriage or [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 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.
3.
[(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 the 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 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 [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 [two hundred and fifty rupees], if no
prenatal confinement and postnatal 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’.
[(2-A)
In case of medical termination of pregnancy, a woman shall, on production of a
certificate in Form ‘B’, be entitled to leave with wages at 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 or miscarriage or [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 or [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 woman 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 such 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 communicated to the woman, deprive her of the
maternity benefit or medical bonus or both for.
(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 [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 withheld 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 [the
Chief Inspector of Mines.]
(4)
The decision of [* * *]
[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 [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 upto 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
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.
[Form X
[See Rule 16(1)]
Unified Annual Return
A.
General Part:
Particulars:
|
(a) Name of the
establishment
|
|
Address of
the establishment. House No./Flat No. Street/Plot
No.
Town
District State Pin
Code
|
|
(b) Name of the
employer
|
|
Address of
the employer House No./Flat No. Street/Plot
No.
|
|
Town
|
District
|
State
|
Pin
Code
|
|
E-mail
ID
|
Telephone
Number
|
Mobile Number
|
|
(c) Name of the manager or person
responsible for supervision and control of establishment
|
|
Address
House No./Flat No. Street/Plot
No.
|
|
Town
|
District
|
State
|
Pin
Code
|
|
E-mail
ID Telephone
Number Mobile
Number
|
B.
Employer's
Registration/License number under the Acts mentioned in column (2) of the table
below:
|
Sl. No.
|
Name
|
Registration
|
If yes
(Registration No.)
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
1.
|
The Building and Other
Construction Workers (Regulation of Employment and Conditions of Service)
Act, 1996
|
|
|
|
|
2.
|
The Contract Labour
(Regulation and Abolition) Act, 1970
|
|
|
|
|
3.
|
The Inter-State
Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979
|
|
|
|
|
4.
|
The Employees
Provident Funds and Miscellaneous Provisions Act, 1952
|
|
|
|
|
5.
|
The Employees' State
Insurance Act, 1948
|
|
|
|
|
6.
|
The Mines Act, 1952
Notice of opening
under Regulation 3 of Coal Mines Regulation, 1957 or Regulation 3 of
Metalliferous Mines Regulation, 1961
|
|
|
|
|
7.
|
The Factories Act,
1948
|
|
|
|
|
8.
|
The Motor Transport
Workers Act, 1961
|
|
|
|
|
9.
|
The Shops and
Establishments Act (State Act)
|
|
|
|
|
10.
|
Any other Law for the
time being in force
|
|
|
|
C.
Details of Principal
Employer, Contractor and Contract Labour:
|
1.
|
Name of the principal
employer in the case of a contractor's establishment
|
|
|
2.
|
Date of commencement
of the establishment
|
|
|
3.
|
Number of Contractors
engaged in the establishment during the year
|
|
|
4.
|
Total Number of days
during the year on which Contract Labour was employed
|
|
|
5.
|
Total number of
man-days worked by Contract Labour during the year
|
|
|
6.
|
Name of the Manager or
Agent (in case of mines)
|
|
|
7.
|
Address House
No./Flat No.
|
Street/Plot
No.
|
Town
|
|
|
District
State Pin
Code
|
|
|
E-mail
ID Telephone
Number Mobile
No.
|
|
|
|
|
D.
Working hours and weekly
rest day:
|
1.
|
Number of days worked
during the year
|
|
2.
|
Number of man-days
worked during the year
|
|
3.
|
Daily hours of work
|
|
4.
|
Weekly day of rest
|
E.
Maximum number of
persons employed in any day during the year:
|
Sl. No.
|
Males
|
Females
|
Adolescents (between
the age of 14 to 18 years)
|
Children (below 14
years of age)
|
Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
F.
Wage rates (Category
Wise):
|
Category
|
Rates of Wages
|
No. of workers
|
|
Regular
|
Contract
|
|
Male
|
Female
|
Children
|
Adole-scent
|
Male
|
Female
|
Children
|
Adole-scent
|
|
Highly Skilled
|
|
|
|
|
|
|
|
|
|
|
Skilled
|
|
|
|
|
|
|
|
|
|
|
Semi-skilled
|
|
|
|
|
|
|
|
|
|
|
Un-skilled
|
|
|
|
|
|
|
|
|
|
G.
(a) Details of Payments:
|
Gross wages paid
|
Deductions
|
New wages paid
|
|
In cash
|
In kind
|
Fines
|
Deductions for damage
or loss
|
Others
|
In cash
|
In kind
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(b) Number of workers who were granted
leave with wages during the year:
|
Sl. No.
|
During the year
|
Number of workers
|
Granted leave with
wages
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
H.
Details of various
welfare amenities provided under the statutory schemes:
|
Sl. No.
|
Nature of various
welfare amenities provided
|
Statutory (specify the
statute)
|
|
|
|
|
|
|
|
|
|
|
|
|
I.
The Maternity Benefit
Act, 1961, Maternity Benefit (Mines and Circus) Rules, 1963:
(a)
Details of
establishment, medical and paramedical staff:
|
1.
|
Date of opening of
establishment
|
|
|
2.
|
Date of closing, if
closed
|
|
|
3.
|
Name of Medical
Officer
|
|
|
3(i)
|
Qualification of
Medical Officer
|
|
|
|
3(ii)
|
Is Medical Officer at
(the mines or circus)?
|
|
|
|
3(iii)
|
If a part time, how
often does he/she pay visit to establishment?
|
|
|
|
3(iv)
|
Is there any Hospital?
|
|
|
|
3(v)
|
If so, how many beds
are provided?
|
|
|
|
3(vi)
|
Is there a lady
Doctor?
|
|
|
|
3(vii)
|
If so, what is her
qualification?
|
|
|
|
3(viii)
|
Is there a qualified
mid-wife?
|
|
|
|
3(ix)
|
Has any crèche been
provided?
|
|
|
(b)
Leave Granted under the Maternity
Benefit Act, 1961 Maternity Benefit (Mines and Circus) Rules, 1963/Employees'
State Insurance Act, 1948:
|
1.
|
Total number of female
employees in the establishment
|
|
|
2.
|
Total number days of
leave granted
|
|
|
3.
|
Number of employees
granted maternity leave/benefited by ESI
|
|
DECLARATION
It is
to certify that the above information is true and correct and also I certify
that I have complied with the all provisions of Labour Laws applicable to my
establishment.