(1)
These rules
may be called the Uttar Pradesh Maternity Benefit Rules, 1983. (2)
They shall
come into force with effect from the date of their publication in the official Gazette. In the rules, unless the
context otherwise requires-- (a)
the 'Act'
means the Maternity Benefit Act, 1961 (Act No. 53 of 1961) ; (b)
'Form means
a form appended to these Rules ; (c)
'Inspector'
means an Inspector of Factories, Deputy Chief Inspector of Factories, Chief
Inspector of Factories and Additional Inspector of Factories appointed under
Section 8 of the Factories Act, 1948 and ex-officio Inspector of Factories
under the same section of the same Act and Inspector of Plantation and Chief
Inspector of Plantation appointed under subsection 4(1) of the Plantation
Labour Act, 1951 in respect of the Plantation in Uttar Pradesh as defined under
Section 2(f) of the said Act ; (d)
'Labour Commissioner'
means the officer appointed by the State Government to discharge the function
of the Labour Commissioner under the rules ; (e)
'muster
roll' means a muster roll maintained under Rule 3 ; (f)
'registered
medical practitioners' 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 ; (g)
'section'
means a section of the Act ; and (h)
All other
words and expressions and hereinafter but not defined herein shall have the
same meaning as respectively assigned to them in the Act. (1)
The employer
of every factory/ plantation 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 factory/plantation. (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 product I m
of certificate to that effect in Form 'B'. (a)
from a
registered medical practitioner or from the Honorary Sikretary of the Local Red
Cross Society of the case was attended to by the-Red Cross Maternity Staff or
of a certified copy of an abstract from abirib register maintained under the
provisions of law for the time being in force, as the case may be, or (b)
from the
Medical Officer of a Hospital or of a dispensary set up by the State Government
or local bodies. (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 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 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 (I) or
by the production of a certified extract from a death register maintained under
the provisions of law for the time being in force. (5)
The
certificate from a registered midwife shall be in Form 'D'. (1)
A woman
employed in a factory/plantation 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, in her legal
representative. (2)
In case of
doubt, the maternity benefit or other amount due to a woman employed in factory/plantation
shall be deposited by the employer, within two months of the date of death of
the woman concerned, with the Chief Inspector of Factories in respect of the
factories and Chief Inspector of Plantations in respective of the plantations,
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), receipt shall be given to the employer by the Chief
Inspector of Factories in respect of Factories and Chief Inspector of
Plantations in respect of plantations. (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 fortnight hours of production by her of the certificate in Form
'B' or Form 'D', as the case may be. (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. 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 for decision to the Chief Inspector of Factories in respect of
factories and the Chief Inspector of Plantations in respect of plantations. (1)
The Chief
Inspector of Factories in respect of the factories and the Chief Inspector of
Plantations in respect of the plantations shall be responsible for the
administration of these rules throughout the State. (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 Chief
Inspector of Factories/Chief Inspector of Plantations. (3)
(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, subsections
(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 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 or verify the
irregularities within a specified period and to report compliance to the
inspector. 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. (1)
An appeal
under clause (b) of sub-section (2) of Section 12 shall be preferred to the
Chief Inspector of Factories in respect of the factories and the Chief
Inspector of Plantations in respect of the plantations, in Form 'G'. (2)
An appeal
may be made in writing and either handed over personally or sent under a
registered cover to the Chief Inspector of Factories in respect of the
factories and Chief Inspector of Plantations in respect of the plantations. (3)
When an
appeal is received, the Chief Inspector of Factories in respect of the
factories and Chief Inspector of Plantations in respect of plantations 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 matters in
issue of the appeal by a fixed date. The Chief Inspector of Factories in
respect of the factories and Chief Inspector of Plantations in respect of the
plantations 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 Chief Inspector of ' Factories in respect of the
factories and Chief Inspector of Plantations in respect of the plantations
shall give his decision. In case the employer fails to submit his reply or
produce the required documents within the specified period, the Chief Inspector
of Factories in respect of the factories and Chief Inspector of Plantations in
respect of the plantations may give the decision ex parte. (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 factory/plantation 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. (1)
An appeal
against the decision of the Inspector under sub-section (2) of Section 17 shall
lie to the Labour Commissioner. (2)
The
aggrieved person shall prefer an appeal in writing to the Labour Commissioner
in Form 'J' and file other supporting documents. (3)
When an
appeal is received the Labour, Commissioner shall call from the Inspector
before a fixed date, the record of the case and shall, if necessary, also
record the statements of the aggrieved person, and of the Inspector and seek
clarification, if required. (4)
Taking into
account the documents, the evidence produced before him and the facts presented
to him or ascertained by him the Labour Commissioner 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', 'W, 'F', 'G', 'H' and 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 in such
manner as the Chief Inspector of Factories in respect of the factories and
Chief Inspector Plantations in respect of the plantations may require. (1)
The employer
of every factory/plantation shall, on or before the 21se day of January in each
year, submit to the Chief Inspector of Factories, in respect of the factories
and the Chief Inspector of Plantations in respect of the plantations a return
in each of the Form `L', 'M', 'N' and '0' giving information as to the
particulars specified in respect of the preceding year. (2)
If the
employer of a factory/plantation to which the Act applies, sells, abandons or
discontinues the working of the factory/plantation, he shall, within one month
of the date of sale or abandonment or within four months of the date of
discontinuance, as the case may be, submit to the Chief Inspector of Factories
in respect of the factories and the Chief Inspector of Plantations in respect
of the plantations 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. FORM A (See Rule 3) Mustet Roll Name of the factory/plantation (1)
Serial
number.................................................... (2)
Name and age
of the woman and her father's (or, ii 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
......................................................................................................... Month No. of days employed No. of days laid off No. of days not
employed Remarks (6)
Date of
notice, by the woman 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/death .... (11)
Dale 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 medical bonus, if paid under Section 8????.. (15)
Date with
the amount of wages paid on account of leave under Section 9????.. (16)
Date with
the amount of wages paid on account of leave under Section 10 and period of
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 for 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 factory/plantation authenticating me entries in the muster
roll.............................................................................. (21)
Remarks
column for the use of the Inspector...................... FORM B [Set Rule 4(1)] Agli, This is to certify that I
examined....................wife/daughter of.................a woman
employee.............. (name of factory/plantation) on..............(date) and
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/has been delivered of a child on .................(date) or is
suffering from ................................. (date) from illness arising
out of pregnancy/delivery/premature birth of a child or miscarriage. Date ...................................................... Signature, qualifications and designation of Medical Officer! Medical
Practitioner. Definition of 'Child' and miscarriage as to the Maternity Benefit Act,
1961 (1)
Child
includes a still-born child. (2)
'Miscarriage'
means expulsion of the contents of pregnant uterus of 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)] This is to certify that Smt .......................... wife/daughter of???????a woman employee in ...................... of
(factory/plantation) expired on ..............before/during/after confinement.
The child died on ................ /survives her. Date .......................................................... Signature, qualifications and designation of Medical Officer' Medical
Practitioner. FORM D [See Rule 4(5)] This is to certify that I examined ................ wife/daughter of
..............woman employed in....................... (name of
factory/plantation)-that she has been delivered of a child/has undergone
miscarriage on ........................ (date) Date .......................................................... Signature of registered midwife. Definition of 'Child' and miscarriage as in the Maternity Benefit Act,
1961 (1)
'Child'
includes a still -born child. (2)
'Miscarriage'
means expulsion of the contents of pregnant uterus of 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 the factory/plantation) I ...................................................................
(name of woman) wife/daughter of..........................................
employed as ....................................................... at
.................................. (name of factory/plantation), 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 to Attestation in case the woman is not able to sign and affix
thumb-impression. Signature or thumb-impression of woman. Date
................................................................................... FORM F [See Rule 5(3)] Form of receipt of Maternity Benefit To, ............................................................................
(name of factory/plantation)
...........................................................................................
the undersigned, a woman employee/the nominee of
..........................................woman employee/legal representative
of ......................................................... woman employee
deceased in
.................................................................... (name of
factory/plantation) at ........................ in district received maternity
benefit an d/or other amount due under the Maternity Benefit Act, 1961 from the
employer of the factory/plantation 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 medical bonus under Section 8 of the Act paid in
.............................................................................................................................................................
Rs.........................................................................
being the wages for the leave period from
..........................................................to
................................................................. mentioned under
Section 9 or 10-- *My;Her confinement/miscarriage took place on
.................................................................or I/She fell
ill because of pregnancy, delivery, premature birth of a child or miscarriage
on in consequence I her Nominee/legal representative have received the aforesaid amounts
prescribed in Sections 5, 8, 9 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) To, The Chief Inspector of Factories/The Chief Inspector of Plantations
(Address) .......................................... Sir, .............. the undersigned, woman employee of
..................(name of factory/plantation 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 behalf is enclosed Date ............................................... Signature or thumb-impression, of the woman. Signature of an attestor in case the woman is not able to sip and
affixes thumb-impression. FORM H (See Rule 10) To, The Inspector Sir, I ............................................... (name of woman)
employed in ................(name and full address of factory/plantation)
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
medica Tbenus and/or Rs........................................... being wages
for leave due under Section 9 or 10 but the same has been improperly withheld
by the employer. He may, therefore, be directed to pay the amount to me. Date ...................................................... Signature or thumb-impression of the woman. Signature of an attestor in case the woman is not able to sign and affixes
thumb-impression. Full address of the woman. *Strike out unnecessary portion. FORM I (See Rule 10) To, The Inspector, .................................... (name), a person nominated under
Section 6 by or a legal representative of .........................................
(name of woman) employed in ................................... (name and full
address of factory/plantation) 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/for Rs. being the
medical bonus and/or Rs. being the wages for leave due under Section 9 or 10
but the same has been improperly withheld by the employer. He may, therefore,
be directed to pay the amount to me. Date .......................................... Signature or thumb-impression of the nominee-legal representative. Signature of an attestor in case the nominee/ legal representative is
unable to sign and affixes thumb-impression. Full address of the nominee/legal representative. FORM J (See Rule 11) To, The Labour Commissioner, 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 facts
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. Date ........................................... Signature of aggrieved person. Full address. 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 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
establishment of the employee from whom she claims maternity benefit for a
period of not less than one hundred and sixty 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 one rupee a day, whichever is higher, for the period of her actual absence
not exceeding six weeks immediately-preceding and including the day of her
delivery and for the six weeks immediately following that day Provided 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 period of six weeks immediately following the date of
her delivery, leaving behind in either case the child, the employer shall be
liable for the payment of maternity benefit for the entire period of six weeks
immediately 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 '13' 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 notice as soon as possible after the delivery. (4) On receipt of the notice, the employer shall permit such, man to
absent herself from the establishment until the expiry of six weeks 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 twenty-five rupees, if no pre-natal
confinement and post-natal 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'. (3) A woman suffering from illness arising out of pregnancy delivery,
premature birth of child or miscarriage 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, 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 4f1 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 dim' miss 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 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. (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 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 Chief Inspector of Factories in
respect of the factories and Chief Inspector of Plantations in respect of the
plantations and the decision of the Chief Inspector of Factories in respect of
the factories and Chief Inspector of Plantations in respect of the plantations
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 Oroman
works in any establishment after she has been permitted by her employer to
absent herself under the provisions of the said Act, she shall forfeit her
claim to the maternity benefit for such period. (9)
(1) Any
woman claiming that maternity benefit or any other amount to which she is
entitled under the Act and any person claiming that payment due has been
improperly withhud may make a complaint to the Inspector in writing in Form 'H'
or as the case may be. (2) The Inspector may, of his own motion or on receipt of a complaint in
Form 'H' or make an enquiry or cause any enquiry to be made and if satisfied
that payment had 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 Labour Commissioner in Form T. (4) The decision of the Labour Commissioner 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 (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 page 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 factory/plantation 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 factory/plantation. (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. (b) The employer of every factory/plantation shall on or before the 21st
day of January in each year submit to the Chief Inspector of Factories in
respect of the factories and the Chief Inspector of Plantations in respect of
the plantations, a return in each of the Forms 'L', 'M', 'N' and '0' giving
information as to the particulars specified in respect of the preceding year. FORM L (Ste Rule 16) Annual return for the year ending on the
December 31, 19 (1)
Name of the
factory/plantation..................................... (2)
Situation of
factory/plantation..................................................... Mauna.................................................................................. District................................................................................................... State...................................................................................... Nearest Railway
Station............................................................................ (3)
Date of
opening of the factory/plantation................................... (4)
Date of
closing if dosed............................................................... (5)
Postal
address of factory/plantation...................................... (6)
Name of
employer................................................................. postal address of employer.................................................................. (7)
Name of
managing agent, if any................................................ postal address of managing
agent....................................................... (8)
Name of
agent or representative of employer............................... postal address of representative of
employer............................... (9)
Name of
Manager..................................................................... postal address of Manager........................................................... (10)
(a) Name of
Medical Officer attached to the factory................... (b) Qualification of Medical Officer attached to the factory/
plantation..................................................................................... (c) Is he resident at the factory/plantation ; (d) If a part-time employee, how often does he pay visits to the
factory/plantation............................................................................ (11)
(a) Is there
any hospital at the factory/plantation ?......................... (b) If so, how many beds are provided for the women employed?.... (c) Is there a lady doctor? 4................... (d) If so, what are her
qualification?............................................. (e) Is there a qualified midwife? (f) Has any creche been provided? Signature of employer FORM M (See Rule 16) Employment, &enthral, payment of bonus,
etc., of women for the year ending on December 31, 19 (1)
Factory/Plantation. (2)
Aggregate
number of women permanently or temporarily employed during the year. (3)
Number of
women who worked for a period of not less than one hundred and sixty days in
the twelve months immediately preceding the date of delivery. (4)
Number of
women who have notice under Section 6. (5)
Number of
women who were granted permission to absent on receipt of notice of
confinement. (6)
Number of
claims for maternity benefit paid. (7)
Number of
claims for maternity benefit rejected. (8)
Number of
cases where pre-natal confinement and post-natal care was provided by the management
free of charge (Section 8). (9)
Number of
claims, medical bonus paid (Section 8). (10)
Number of
claims for medical bonus rejected. (11)
Number of
cases in which leave for miscarriage was granted. (12)
Number of
cases in which leave for miscarriage was applied for but was rejected. (13)
Number of
cases in which additional leave for illness under Section 10 was granted. (14)
Number of
cases in which additional leave for illness under Section 10 was applied for
but was rejected. (15)
Number of
women who died-- (a) before delivery. (b) after delivery. (16)
Number of
cases in which payment was made to persons other than the woman concerned. (17)
Number of
women discharged or dismissed while working. (18)
Number of
women deprived of maternity benefit and/or medical bonus under proviso to sub-section
(2) of Section 12. (19)
Number of
cases in which payment was made on the order of the Chief Inspector of
Factories in respect of the factories and the Chief Inspector of Plantations in
respect of the plantations or Inspector. (20)
Remarks. N.B.--Full particulars of each case and reasons for the action taken
under serials 7, 10, 12, 14, 17 and 18 should be given in the Appendix below : Signature of employerUTTAR PRADESH MATERNITY BENEFIT RULES, 1983