Section 24 in West Bengal Shops and Establishments Rules, 1964
24. Notice of claim for maternity benefit and payment thereof.
(1)Any woman employed in a shop or an establishment and entitled to maternity benefit under the provisions of these rules may give notice to the shop-keeper or the employer, as the case may be, in Form K stating that her maternity benefit may be paid to her or to such person as she may nominate in the notice and that she will not work or has not worked in any shop or establishment during the period for which she will receive maternity benefit.(2)Such notice shall state the date from which the woman concerned will be or, as the case may be, has been absent from work, not being a date earlier than six weeks from the date on which she expects to be or, as the case may be, has been delivered of a child.(3)On receipt of the notice, the shop-keeper or the employer, as the case may be, shall allow such woman leave of absence from the shop or the establishment until the expiry of six weeks after the day of her delivery :Provided that the shop-keeper or employer may, if he so thinks fit and undertakes to defray the cost, require the woman, to be examined by a qualified medical practitioner or mid-wife, and if the woman refuses to submit to such examination or is certified by the medical practitioner or midwife, as the case may be, on such examination that she is not pregnant or is not likely to be or, as the case may be, has not been delivered of a child as stated in the notice, he may refuse the leave or modify the period thereof :Provided further that such examination shall, if the woman so desires, be carried out by a female.(4)The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the shop-keeper or the employer, as the case may be, to the woman or her nominee and the amount due for the subsequent period shall be paid by the shop-keeper or the employer, as the case may be, to the woman or her nominee on production of a certificate in Form L from a qualified medical practitioner or midwife specifying the date on which the woman has delivered of a child.(5)The failure to give notice under this rule shall not disentitle a woman to maternity benefit if she is otherwise entitled to such benefit and in any such case an Inspector appointed under section 19 may, after necessary enquiries made either of his own motion or on an application made to him by the woman, direct the payment of such benefit.
