State of Punjab - Act
The Punjab Maternity Benefit Rules, 1967
PUNJAB
India
India
The Punjab Maternity Benefit Rules, 1967
Rule THE-PUNJAB-MATERNITY-BENEFIT-RULES-1967 of 1967
- Published on 30 September 1967
- Commenced on 30 September 1967
- [This is the version of this document from 30 September 1967.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Punjab Maternity Benefit Rules, 1967.2. Definitions.
- In these rules, unless the context otherwise requires, -3. Muster roll.
[Sections 20 and 28(2)(a)] - (1) The employer of every establishment, including an establishment belonging to Government, in which women are employed shall prepare and maintain a muster roll in Form 'A' [ -] [Omitted by Punjab Government Notification No. GSR74/CA63/61/S.28/Amd.(1)/79, dated 1.6.1979.]4. Form of Notice under section 4.
[Sections 6(1) and 28(2)(k)] - The written notice referred to in section 6 shall be in Form 'B'.5. Proof.
[Sections 6(5) and 28(2)(e)] - (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 in Form 'C' from -(a)a Medical Officer of a Civil Hospital or of a dispensary set up by the State Government; or(b)a Registered Medical Practitioner.6. Payment of maternity and other benefit.
[Sections 6 and 28(2)(c)] - (1) 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 'B' and in case there is no such nominee to her legal representative.7. Break for nursing child.
[Section 11 read with section 28(2)(1)] - Each of the two breaks mentioned in section 11 shall be of 20 minutes' duration :Provided that in case the creche or place where children are left by women while on duty is not the vicinity of the place of work a period up to 15 minutes more may be allowed for the purpose of journey to and from creche or the place.8. Restriction and conditions governing the working of the Competent Authority and Inspectors under the Act.
[Sections 15 and 28(2)(b)] - (1) The Competent Authority shall be responsible for the due administration of these rules.9. Gross misconduct.
[ Sections 12 and 28(2)(g)] - The following facts shall constitute gross misconduct for the purposes of section 12, namely :-10. Appeal under section 12.
[Sections 12 and 2(b) and 28(2)(b)] - (1) An appeal under clause (b) of sub-section (2) of section 12 shall be preferred to the Competent Authority in Form 'G'.11. Complaint under section 17.
[Sections 17(1) and 28(2)(j)] - (1) A complaint under sub-section (1) of section 17 shall be made in writing in Form 'H' or Form 'I' as the case may be.12. Appeal under section 17.
[Sections 17 and 28(2)(i)] - An appeal against the decision of the Inspector under sub-section (2) of section 17 shall lie to the Competent Authority.13. Supply of forms.
[Section 28(2)(k)] - 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'.14. Records.
[Sections 20 and 28(2)(a)] - Records kept under the provisions of the Act and these rules shall be preserved for a period [of three years from the date of last entry made therein] [Substituted by Punjab Government Notification No. GSR74/CA53/61/S.28/Amd.(1)/79, dated 1.6.1979.].15. Abstract.
[Sections 19 and 28(1)] - 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.16. Annual Return.
[Section 28(2)(k)] - (1) The employer of every establishment 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 proceeding year.| 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 offand not employed | …............ |
| Month | Number of days employed | Number of days laid off | Number of days not employed | Remarks |
| 6 | Date on which the woman gives notice under section 6 | …............ |
| 7 | Date of discharge or 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 or miscarriage ordeath | …............ |
| 11 | Date of production of proof of illness referred to in section10 | …............ |
| 12 | Date with the amount of maternity benefit paid in advance ofexpected delivery | …............ |
| 13 | Date with the amount of subsequent payment of maternitybenefit | …............ |
| 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 undersection 9 | …............ |
| 16 | Date with amount of wages paid on account of leave undersection 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 theperson 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 theperson to whom the amount of maternity benefit was paid on behalfof the child and the period for which it was paid | …............ |
| 20 | Signature of the employer of the establishment authenticatingthe entries in the muster roll | …............ |
| 21 | Remarks column for the use of the Inspector | …............ |
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.
3. That the maternity benefit due to me may be paid to me/my _________________ (Shri/Shrimati _________________ whom I authorise to collect the same on my behalf.
Signature or thumb impression of womanSignature of an AttestorDate _________________Form 'C'[See in rule 5(1)]This is to certify that I examine ________________________ wife/daughter of _________________ a woman employed in ____________________ (name of the establishment) on _________________ (date) and found/cannot discover that she is pregnant and is expected to be delivered of a child within (months/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 the pregnancy/delivery premature birth of a child or a miscarriage.Signature,Qualification,Designation of Medical OfficerMedical PractitionerDated _________________Form 'D'[See rule 5] [Substituted by Punjab Government Notification No. GSR74/CA53/61/S.28/Amd.(1)/79, dated 1.6.1979.]This is to certify that I examined ___________, wife/daughter of _________ woman employee in _________________ (name of the establishment) and found that she has been delivered of a child/has undergone miscarriage on ________ (date).[Signature of registered midwife]Date _________________Form 'E'[See rule 5(4)]This is to certify that Smt. _________________ wife/daughter of _________________ employed in, _________________ (name of the establishment) expired on _________________ before during after confinement. The child died on _________________ /survives her.Signature, qualification and designation of Medical OfficerMedical PractitionerDated _________________Form 'F'[See rule 6]To_________________(name of establishment)I, _____________________ the undersigned, a woman employee/the nominee of ________________ woman/employed/legal representative of _________________ woman employee deceased in _________________ (name of establishment at __________________________________ in ________________________ district _________________ received maternity benefit and or other amount due under the Maternity Benefit Act, 1961 from the employer of the establishment 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 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 _____________________________________*Woman employee or her nominee or legal representative. Signature of an attestator.Signature of the Competent Authority.Date _________________*Strike out unnecessary portion.Form 'G'(See rule 10)ToThe Competent Authority,appointed under the Maternity Benefit Act, 1961.1. 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 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.
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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 break 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 periods has not be less than 5 minutes and more than 15 minutes duration.
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8. If a woman works in any establishment after she has been permitted by her employer to absent under the provisions of the Act, she shall forfeit her claim to the maternity benefit for such period.
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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'.
11. (a)(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.
| 1 | Name of the establishment | …..................... |
| 2 | Situation of the establishment - | |
| Mauza | …..................... | |
| District | …..................... | |
| State | …..................... | |
| Nearest Railway Station | …..................... | |
| 3 | Date of opening of establishment | …..................... |
| 4 | Date of closing, if closed | …..................... |
| 5 | Postal address of establishment | …..................... |
| 6 | Name of employer | …..................... |
| 7 | Name of the managing agent, if any, Postal Address of managingagent | …..................... |
| 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 establishment | …..................... |
| (b) Qualification of medical officer attached to theestablishment | …..................... | |
| (c) Is he resident at the establishment ? | …..................... | |
| (d) If a part-time employee, how often does he pay visits tothe establishment ? | …..................... | |
| 11 | (a) Is there any hospital at the establishment ? | …..................... |
| (b) If so, how many beds are provided for women employees? | …..................... | |
| (c) Is there a lady doctor ? | …..................... | |
| (d) If some, what are her qualifications ? | …..................... | |
| (e) Is there a qualified midwife ? | …..................... | |
| (f) Has any creche been provided ? | …..................... |
| 1 | Establishment | …............... |
| 2 | Aggregate number of women permanently or temporarily employedduring the year | …............... |
| 3 | Number of women who worked for a period of not less than onehundred and sixty days in the twelve months | …............... |
| 4 | Number of women who gave notice under section 6 | …............... |
| 5 | Number of women who were granted permission to absent onreceipt 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-natalcare was provided by the management free of charge (section 8) | …............... |
| 9 | Number of claims for 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 forbut was rejected | …............... |
| 13 | Number of cases in which additional leave for illness undersection 10 was granted | …............... |
| 14 | Number of cases in which additional leave for illness undersection 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 otherthan the woman concerned | …............... |
| 17 | Number of women discharged or dismissed while working | …............... |
| 18 | Number of women deprived of maternity benefit and/or medicalbonus under proviso to sub-section (2) of section 12 | …............... |
| 19 | Number of cases in which payment was made on the order of theCompetent Authority or Inspector | …............... |
| 20 | Remarks | …............... |
| Name of person to whom paid | Amount paid |
| 1. Date of payment | . . . |
| 2. Woman employee | . . . |
| 3. Nominee of woman | . . . |
| 4. Legal representative of woman | . . . |
| 5. Amount for the period preceding date of expected delivery | . . . |
| 6. Amount for the subsequent period | . . . |
| 7. Under Section 8 of the Act | . . . |
| 8. Under Section 9 of the Act | . . . |
| 9. Under Section 10 of the Act | . . . |
| 10. Number of women workers who absconded after receiving thefirst instalment of maternity benefit | . . . |
| 11. Cases where claims were contested in a court of law | . . . |
| 12. Results of such cases | . . . |
| 13. Remarks | . . . |
| Place of employment of the woman employee | Number of cases instituted | Number of cases which resulted in conviction | Remarks |