State of Odisha - Act
The Orissa Maternity Benefit Rules, 1965
ODISHA
India
India
The Orissa Maternity Benefit Rules, 1965
Rule THE-ORISSA-MATERNITY-BENEFIT-RULES-1965 of 1965
- Published on 28 May 1966
- Commenced on 28 May 1966
- [This is the version of this document from 28 May 1966.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and extent.
2. Definitions.
- In these rules, unless the context otherwise requires-3. Muster roll.
4. Proof.
5. Method and time of payment of maternity and other benefit.
6. Break for nursing child.
- Each of the two breaks, mentioned in Section 11 shall be of 15 minutes' duration :Provided that in case the creche or the place where children are left by woman while on duty is not in the vicinity of the place of work an extra time of not less than 5 minutes and not more than 15 minutes shall be allowed for the purpose of journey to and fro. If any dispute arises regarding such extra time, the matter shall be referred to the competent authority for decision.7. Duties and powers of the competent authority and Inspectors.
8. Acts which constitute gross misconduct.
- The following acts shall constitute gross misconduct for purposes of Section 12, namely :9. Appeal under Section 12.
- ( 1) An appeal under Clause (b) of Subsection (2) of Section 12 shall be preferred to the competent authority in Form 'G'.10. Complaint under Section 17.
11. Appeal under Section 17.
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' 'G' 'H' and 'I'.13. Non-submission of notices, appeals of complaints in the prescribed forms.
- 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.14. 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. Abstract.
- 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 returns.
1. Sepal No..............
2. Name of woman and her father's (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 off and not employed-
| Month | No. of days employed | No. of days laid off | No. of days not employed | Remarks |
6. Date on which the woman gives notice 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. Date of production of proof of-illness referred to Section 10.
12. Date with the amount of maternity benefit paid in advance of expected delivery...................
13. Date with amount or subsequent payment of maternity benefit.............
14. Date with amount of bonus, if paid under Section 8......................
15. Date with amount of wages paid on account of leave under Section 9............
16. Date with 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/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 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 establishment authenticating the entries in the muster roll .................
21. Remarks column for the use of the Inspector.................
Form 'B'[See Rule 4 (1)]This is to certify that I examined ..............wife/daughter...........of a woman employee in...............(name of establishment) on............(date) and found/cannot discover that she is pregnant and is expected f© be delivered of a child within ...............(months and days) from the above-mentioned date/had 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, qualification andDesignation of Medical PractitionerForm 'C'[See Rule 4 (1)]This is to certify that Smt.......................wife/daughter of....... employed in.................(name of establishment) expired on before/during/after confinement. The child died on................../survives her.Date.............Signature, qualification and designation of Medical PractitionerForm 'D'[See Rule 4 (5)]This is to certify that I examined .........wife/daughter.....of......... a woman employee in .................(name of establishment) and found that she has been delivered of a child/has undergone miscarriage on............(date).Date.............Signature of Registered midwifeDefinition 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 a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which punishable under the Indian Penal Code.
Form 'E'[See Rule 5 (1)]Notice under Section 6 of the Maternity Benefit Act, 1961Name of establishment..................I (name of woman) wife/daughter of......................................employed as..............at................(name of establishment) 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.
Date.............Signature or thumb impression of womanSignature of an Attestor in case the woman is not able to sign and affixes thumb-impressionForm 'F'[See Rule 5 (3)]Form of receipt of maternity benefitTo.............(Name of Establishment)I..................................the undersigned, a woman employee the nominee of................woman employee/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 Section 10.*My/Her confinement/miscarriage took place on ................. or I/she fell ill because of pregnancy, delivery, premature birth of a child or miscarriage of...........in consequence I ..............................her/nominee, or her legal representative have received the aforesaid amounts prescribed in Sections 5, 8, 9 and 10 of the Maternity Benefit Act, 1961.Date.............Signature or thumb impression of woman employee or her nomineeor legal representativeSignature of an attestor in case the woman is not able to sign and affixes thumb-impressionStrike out unnecessary portion.Form 'G'[See Rule 9]ToThe Competent Authority,Appointed under the Maternity Benefit Act, 1961 (Address)Sir,I...........the undersigned, woman employee of.................(Name of establishment 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 of the Maternity Benefit Act, 1961 and request that the said employer be ordered to pay the above mentioned to me, a copy of the order of the employer in this behalf is enclosed.Date...........Signature or thumb-impression of the womanSignature of an attestor in case the woman is not able to sign and affixes thumb-impressionForm 'H'[See Rule 10]ToThe Inspector (under the Maternity Benefit Act, 1961)Sir,I.........(Name of woman) employed in...............................(Name and full address of establishment) having fulfilled the conditions laid drawn in the Maternity Benefit Act, 1961 and the rules thereunder am entitled to Rs.........being maternity benefit and/or Rs................being the medical bonus and/or Rs...........being wages for leave due under Section 9 or Section 10 of the Maternity Benefit Act, 1961 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 womanSignature of an attestor in case the woman is unable to sign and affix thumb-impression Full address of the woman..............Form 'I'[See Rule 10]ToThe Inspector (under the Maternity Benefit Act, 1961)Sir,I ........... (Name), a person nominated under Section 6 by or a legal representative of (Name of woman) employed in.(Name and full address of establishment) 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/or Rs...............being the medical bonus 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 nominee/ legal representativeSignature of an attestor in case the nominee/ legal representative is unable to sign and affix thumb impressionFull address of the nominee/legal representative...........Form 'J'[See Rule 11]To..........................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 of the Maternity Benefit Act, 1961. 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 personFull address............Form 'K'[See Rule 15]Abstract of the Maternity Benefit Act, 1961 and the rules made thereunder1. 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.
4.
5.
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 fro 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.
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.
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 Mouza ...............
District...........State............Nearest Railway Station...............3. Date of opening of the establishment...............
4. Date of closing, if closed............
5. Postal address of establishment...............
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 establishment
11. (a) Is there any hospital at the establishment
1. Establishment................
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 are 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 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 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-
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 orders of the competent authority or Inspector.................
20. Remarks
Date............Signature of the employerN.B. - Full particulars of each case and reason for the action taken under serials 7, 10, 12, 14, 17 and 18 should be given in the Appendix below.Form 'N'[See Rule 16]Details of payment made during the year ending on the 31st December, 20....Name of person to whom paid...................Amount paid..............1. Date of payment.................
2. Women employee..................
3. Nominee of the woman................
4. Legal representative of the woman..... .........
5. Amount for the period proceeding the 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 the first instalment of maternity benefit................
11. Cases where claims were contested in a Court of Law................
12. Results of such cases................
13. Remarks
DateSignature of the employerForm 'O'[See Rule 16]Prosecution during the year ending the 31st December, 20| Place of employment of the woman employee | Number of cases instituted | Number of cases which resulted in conviction | Remarks |
| (1) | (2) | (3) | (4) |