The Rajasthan Maternity Benefit Rules, 1967

(Published vide Notification No. G.S.R. 80/F. 3(5) Lab /62, dated 25-3-1968, published in Rajasthan Gazette, Part 4-C, Ordinary, dated 13-11-1969)

In exercise of the powers conferred by section 28 of the Maternity Benefit Act. 1961 (Central Act 53 of 1961), the State Government hereby makes the following Rules, the same having been previously published in Rajasthan Gazette, Extra-ordinary, Part III-B. dated the 27th March, 1967 as required under sub-section (1) of Section 28 of the said Act, namely: –

1.(The Rajasthan Maternity Benefit Rules 1967) Short title and commencement.

(1) These Rules may be called the Rajasthan Maternity Benefit Rules, 1967.

(2) They shall come into force on such date as the State Government may by notification in the Official Gazette, appoint in this behalf and from such date the Rajasthan Maternity Benefit Rules, 1954. shall stand superseded.

2. (The Rajasthan Maternity Benefit Rules 1967) Definition.

In these Rules, unless the context otherwise re-quires-

(a) “Act” means the Maternity Benefit Act, 1961 (Central Act 563 of 1961):

(b) “Competent Authority” means the Chief Inspector of Factories and Boilers, Rajasthan:

(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.

3. (The Rajasthan Maternity Benefit Rules 1967) Muster Roll.

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

(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.

(3) The employer may enter in the muster roll such other particular as may be required for any other purpose of the Act.

4. Proof.

(1) The fact that 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 a certificate to that effect in Form B F.

(a) from a medical officer of a Government hospital or a dispensary maintained under the E.S.I. Scheme; or

(b) from a Registered Medical Practitioner.

(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 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 lay for the time being in force.

(5) The certificate from a registered midwife shall be in Form “D”

5. Payment of maternity and other benefit.

(1) A woman employed in a factory and entitled to maternity benefit shall give notice to here employer in Form “E” and the employer shall make payment of the maternity benefit and any other amount dire under the Act to the woman concerned, or, in case of here death before receiving liable such maternity benefit or amount, or where the employer is for maternity benefit under the second proviso to sub-section (3) of Section 5, to the person nominated by the woman in here notice in Form “E” mid in case there is no such nominee to here legal representative.

(2) In case of doubt, the maternity benefit or other amount due to a woman employed in factory shall be deposited by the employer, within two months of the date 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 installment 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 here of the certificate in Form “B” or Form “D”.

(7) The wages payable under section 10 shall be paid to the woman entitled to receive such wages within forty-eight hours.

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.

7. Duties and powers of the Competent Authority and Inspector.

(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 State Government and shall act under the supervision and control of the Government Authority.

(3) Every Inspector shall at each inspection of a factory 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 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 amount 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 for the irregularities pointed out at previous inspections have been remedied and how for 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.

8.Acts which constitute gross misconduct.

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

(a) willful 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 business or property; and

(e) willfully non-observance of safety measures or rules on the subject or willful interference with safety devices or with fire- fighting equipment.

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 an appeal to the employer, call for the reply there to 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 documents within the specified period, the Competent Authority may give the decision ex-parte.

10. (The Rajasthan Maternity Benefit Rules 1967) Complaint under Section 17.

(1) A complaint under sub-section (1) of Section 17 shall be made in writing in Form “H” or “T” as the case may be.

(2) When a complaint referred to in Section 17 is received by an Inspector, he shall examine the relevant record maintained by the employer in this behalf, examine any person employed in the factory and take down necessary statement for the purpose of the enquiry and if he is satisfied that 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.

11. (The Rajasthan Maternity Benefit Rules 1967) 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 persons, 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 ascertain by him. the Competent Authority shall give his decision.

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 “T”.

13.Non-submission of notices, appeals or complaints in the prescribed forms.

Nothing in miles 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 have been submitted by a woman entitle 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, as the case may be in the prescribed form.

14. (The Rajasthan Maternity Benefit Rules 1967) 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.

15.(The Rajasthan Maternity Benefit Rules 1967) Abstract.

The abstract of the provisions of the act and these Rules required to be exhibited under Section 19 shall be in Form R’ land shall be exhibited in such manner as the Competent Authority may require.

16. Annual returns.

(1) The employer of every factory 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.

(2) If the employer of a factory to which the Act applied sells, abandons or discontinues, the working of the factory he shall, within one month of the date of sale or abandonment or four months of the date of discontinuance, as the case may be, submit to the Competent Authority a further return in each of the said forms in respect of the period between the end of the preceding year and the date of sale, abandonment or discontinuance.

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 t his 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 is any way is likely to interfere with her pregnancy or the normal development of the fates, 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 one hundred sixty days, including the days, during which she was laid of shall be entitled to and her employer shall be liable or the payment of maternity benefit at the rate of her average daily wages, or one rupee a day which is higher for the period of her actual absence not exceeding six weeks immediately proceedings and including the day of her delivery and for the six weeks immediately following that day:

Provided further that where a woman dies during the period for which maternity benefit is payable to here 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 upto 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 or 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 productions of a certified extract from a Birth Register maintained under the provisions of any law for the time being in force.

4(1) Any woman employer 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 received 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 six weeks after the day of 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 installment 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 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 48 hours of the expiry of that period.

6. Every woman delivered of a child who return 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 minute duration.

7.(1) When woman absent 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-

(i) willful 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) willful non-observance of safety measures or rules or the subject or willful interference with safety devices or with fire-fighting equipment.

(b) Any woman deprived or 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 and Boilers. Rajasthan and the decision of the Chief Inspector of Factories and Boilers. Rajasthan 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 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 with held may make a complaint to the Inspector in writing in Form H’ or T. as the case may be.

(2) The Inspector may, of his own motion or no receipt of a complaint in Form ‘H’ or T 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 Factories and Boilers, Rajasthan.

(4) The decision of the Chief INspector of Factories and Boilers, Rajasthan, where an appeal has been performed to him or of tire Inspector where no such appeal has been performed, 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 factory in which woman are employer shall prepare and maintain a muster roll in Form “A” and shall enter therein particulars of all women workers in the factory

(2) All entries in the muster roll shall be made in ink and maintain up-to-date and it shall always be available for inspection by the Inspector during working hours.

(b) The employer of every factory shall on or before 21st day of January in each year submit to the Chief Inspector of Factories and Boilers. Rajasthan, a return in each of the Forms “L”, “M”, “N”, Q” giving information as to the particulars specified in respect of the preceding year.

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