(1) These rules may be called the Tripura Maternity Benefit Rules, 1971. (2) They shall come into force on the 1st day of August, 1971. In these rules, unless the context otherwise
requires. (a) "the Act" means the Maternity Benefit Act, 1961 (53 of 1961); (b) "competent authority" means the person or persons as may be
appointed by the State Government under sub-R. (1) of R. 7; (c) "Form" means a form appended to these rules; (d) "Muster Roll" means a muster roll maintained under R. 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. (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 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. (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 (a) a Medical Officer of a hospital or a dispensary, or (b) 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. (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-R. (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". (1) A woman employed in an establishment 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-S. (3) of S. 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 an establishment 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 to receive it. (3) Whenever the payment referred to in sub-R. (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-R. (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 S, 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 S. 9 shall be paid to the woman entitled to
receive such wages within forty-eight hours of the production of her
certificate in Form 'B' or Form 'D'. (7) The wages payable under S. 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. Each of the two breaks mentioned in S. 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 the journey to and fro 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 five minutes' and more than fifteen minutes' duration. If any dispute
arises regarding such extra period, the matter shall be referred to the
competent authority for decision. (1) The State Government may, by notification in the Tripura Gazette,
appoint such person or persons to exercise such powers and perform such
functions as competent authority as may be specified in the notification. The
competent authority shall be responsible for the 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) Every Inspector shall, at each inspection of any establishment, see (a) whether due action has been taken on every notice given under S. 6; (b) whether the muster roll prescribed under R. 3 is correctly maintained; (c) whether there have been cases of discharge or dismissal or notice of
discharge or dismissal in contravention of the provisions of S. 12 since the
last inspection; (d) whether the provisions of sub-S. (1) of S. 4, sub-Ss. (5) and (6) of S.
6, Ss. 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-S. (2) of S. 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 any 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. The following acts shall constitute gross
misconduct for the purpose of S. 12, viz.: (a) wilful destruction of employer's goods or property; (b) assaulting any superior or co-employee at any place within the
establishment; (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 Cl. (b) of sub-S. (2) of S. 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 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-S. (1) of S. 17 may be made in writing in Form H
or Form I, as the case may be. (2) When a complaint referred to in S, 17 is received by any 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 payment to woman or the person claiming the payment under
S. 7, as the case may be, immediately or within a specified period. (1) An appeal against the decision of an Inspector under sub-S. (2) of S. 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, as 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, G, H, and I. Nothing in Rr. 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 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. 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 Act and these rules required to
be exhibited under S. 19, shall be in Form K and shall be exhibited in such
manner as the competent authority may require. (1) The employer of every establishment shall, on or before the 21st day of
January in each year, submit to the competent authority or if the latter so
directs, to the Inspector within whose jurisdiction the establishment is
situated, a return in Form L, M, N and O giving information as to the
particulars specified in respect of the preceding year. (2) If any employer of any 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 or if the
latter so directs to date of the Inspector within whose jurisdiction the establishment
is situated, 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.TRIPURA MATERNITY BENEFIT RULES,
1971