In exercise
of the powers conferred by section 28 of the Maternity Benefit Act, 1961 (53 of
1961), the Government of Maharashtra hereby makes the following Rules, the same
having been previously published as required by sub-section (1) of the said
section 28 of the Act.- (1)
These rules may be called Maharashtra
Maternity Benefit Rules, 1965. (2)
They shall come into force on such date as
the State Government may appoint in this behalf. In these rules, unless the context
otherwise requires,- (a)
"Act" means the Maternity Benefit
Act 1961; (b)
"Competent Authority" means the
chief Inspector appointed under section 8 of the Factories Act, 1948; (c)
"Form" means a form appended to
these rules; (d)
"Registered medical practitioner"
means a person registered under any law for the time being in force relating to
registration of medical practitioners; (e)
"Registered midwife" means a
midwife registered under any law for the time being in force relating to
registration of midwives; (f)
"Section" means a section of the
Act. The notice to be given by a woman
entitled to maternity benefit under the provisions of the Act shall be in Form 1. (1)
The medical bonus payable to a woman under
section 8 shall be paid along with the amount of maternity benefit payable in
respect of the period of six weeks immediately following the date of her
delivery. (2)
The wages payable to a woman in respect of
leave for miscarriage under section 9 or leave for illness arising out of
pregnancy, delivery, premature birth of a child or miscarriage under section 10
shall be paid within forty-eight hours of production of proof of such
miscarriage or illness. (1)
The production of a certificate in Form 2
from a registered medical practitioner certifying the pregnancy, delivery,
miscarriage or illness arising out of pregnancy, delivery, premature birth of
child or miscarriage of a woman shall, for the purpose of the Act and these
rules, be proof of such pregnancy, delivery, miscarriage or, as the case may
be, illness: Provided that, the production of,- (a)
a certificate from a registered midwife in
Form 3 in evidence of the confinement or miscarriage of a woman, or (b)
a certificate from a police patil or a
certified extract from a register of births maintained under the provisions of
any law for the time being in force relating to registration of births, in
evidence of the confinement of a woman, shall also be proof of the confinement
or, as the case may be, miscarriage of a woman. (2)
The production of certificate in Form 4 from
a registered medical practitioner or of a certified extract from any register
of deaths maintained under the provisions of any law for the long time being in
force, relating to registration of deaths certifying the death of a woman or of
a child shall, for the purposes of the Act and these rules, be proof of such
death. Each of the two beaks allowed to a
woman under section 11 shall be of fifteen minutes duration: Provided that, having regard to the
time reasonably required to a woman, for reaching the creche or the place where
her child is kept by her while on duty and for coming back to the place of
duty, the duration of each such break shall be extended by not less than five
and not more than fifteen minutes, and where there is a dispute as regards the
time reasonably required by a woman for the aforesaid purpose, each such break
shall be extended by such time as may be determined by the Competent Authority. The following acts shall, for the
purpose of the proviso to clause (a) of sub-section (2) of section 12,
constitute gross misconduct, namely:- (a)
wilfully destroying goods or property of the
employer; (b)
assaulting superiors or colleagues at the
place of duty; (c)
criminal offence involving moral turpitude
resulting in conviction by a court of law; (d)
theft, fraud or dishonesty in relation to the
employer's business or in relation to the employer's property at the premises
where the woman is employed; (e)
wilful failure to observe the safety measures
or the rules on that subject; (f)
wilfully interfering with safety devices or
fire fighting equipment. (1)
Every appeal under clause (b) of sub-section
(2) of section 12 shall be made to the Competent Authority as early as may be
in Form 5. It shall be handed over to the Competent Authority personally, or
sent to it by registered post. (2)
After the appeal is received, the Competent
Authority shall furnish a copy thereof to the employer and serve a notice on
him calling upon him to send his reply to the appeal and produce such documents
relating to the appeal as may be specified in the notice, on or before the date
specified in the notice. The notice shall also state that if the employer fails
to send his reply or produce the documents on or before the date specified in
the notice, the appeal shall be decided exparte. (3)
After considering the facts presented to it
by the appellant and the employer and after ascertaining them from the
documents, if any, produced by the employer, the Competent Authority shall give
its decision on the appeal. Where the employer fails to send his reply and
produce documents as required by the notice served on him under sub-rule (2),
the Competent Authority shall give its decision exparte. (1)
Every complaint under section 17 shall be
made as early as may be in Form 6, where the complainant is a woman entitled to
the benefits in respect of which the complaint is made and in Form 7, where the
complainant is any person claiming such benefits under sec. 7. (2)
After a complaint is received under section
17, an Inspector shall, before issuing orders under sub-section (2) of that section,
examine all records maintained by the employer which he considers to be
relevant for making inquiry into the complaint and examine any person employed
by the employer and take down necessary statements from such person. (1)
Every appeal under sub-section (3) of section
17 shall be made to the Competent Authority as early as may be in Form 8: Provided that, where the appeal is
against the decision of the Competent Authority itself, the appeal shall be
made to the State Government or to such other authority as the State Government
may appoint in that behalf in the form of a memorandum setting forth concisely
the grounds of objection to the decision. (2)
Where the appeal is received by the Competent
Authority, the Competent Authority shall on receipt of the appeal, call upon
the Inspector against whose decision the appeal is made to furnish before a
specified date all records relevant to the appeal, record statements of the
appellant and the Inspector, if necessary, take into account the documents and
evidence produced before it and the facts as presented to it or as ascertained
by it and then give its decision. The abstracts of the provisions of the
Act and the rules made thereunder to be exhibited under section 19 shall be in
Form 9. (1)
Every employer of a factory wherein women are
employed shall prepare and maintain up-to-date a maternity benefit register in
Form 10. (2)
All entries in the register shall be made in
ink and the register shall be kept open for inspection by the Inspector during
working hours. (3)
It shall be lawful for the employer to enter
such particulars in the register as he may consider to be necessary for the purposes
of the Act. Every employer shall, on an
application made by a woman, supply her with copies of any of the Form other
than Form 9, 10 and 11. Where any notice, appeal or complaint
is not given or made as early as may be in the form in which it is required to
be given or made under these rules, the person receiving such notice, appeal or
as the case may be, complaint shall, within fifteen days of the receipt of such
notice, appeal or complaint, require the persons giving such notice, appeal or
complaint to give it in the form in which it is required to be given under
these rules and the said person shall thereupon give the notice in the
prescribed form with one month. Every employer shall furnish to the
Competent Authority by the 15th day of January each year a return in Form 11. All records kept as required by the
provisions of the Act and these rules shall be preserved for a period of three
years commencing form the date of the last entry made therein.THE MAHARASHTRA
MATERNITY BENEFIT RULES, 1965
PREAMBLE