State of Rajasthan - Act
The Rajasthan Maternity Benefit Rules, 1967
RAJASTHAN
India
India
The Rajasthan Maternity Benefit Rules, 1967
Rule THE-RAJASTHAN-MATERNITY-BENEFIT-RULES-1967 of 1967
- Published on 25 March 1968
- Commenced on 25 March 1968
- [This is the version of this document from 25 March 1968.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definition.
- In these Rules, unless the context otherwise re-quires-3. Muster Roll.
4. Proof.
5. 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. 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.
8. Acts which constitute gross misconduct.
- The following acts shall constitute gross misconduct for purpose of Section 12, namely: -9. Appeal under Section 12.
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", "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. 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 R' land shall be exhibited in such manner as the Competent Authority may require.16. Annual returns.
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 months 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 employed | Remarks |
6. Date on which the woman given 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 in Section 12. Date with 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 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/or other amount was paid, the amount thereof, and date of payment.
19. If the woman dies and the child survives, the name of the person to whom, 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 authentication the entries in the muster roll.
21. Remarks column for the Inspector.
Form "B"[See rule 4(1)]This is to certify that I examined..................... wife/daughter of.................. a woman employee in........... (name of factory) 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 marriage.Date............Signature, qualifications and designation of Medical Officer/Medical Practitioner.Definitions of "child" and "miscarriage" as in the Maternity Benefit. Act 1961:1. "Child" includes a still-born child.
2. "Marriage" 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 is punishable under the Indian Penal Code.
Form "C"[See rule 4(4)]This is to certify that Smt.............................wife/daughter of....................... employed in................ (name of factory) 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................ a woman employed in.............(name of factory) and found that she has been delivered of a child/has undergone miscarriage on (date).Date..........Signature of registered midwife.Definitions of "child" and "miscarriage" as in the Maternity Benefit Act. 1961.1. "Child" includes a still-born child.
2. "Marriage" 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 is punishable under the Indian Penal Code.
Form "E"[See rule 5(1)]Notice under section 6 of the Maternity Benefit Act, 1961Name of Factory.........I..................(Name of woman) wife/daughter of............. employed on............. at.............(Name of factory) 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 received 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 of an Attestor in casethe woman is not able to signand affixes thumb impression.Date................Signature or thumbimpression of woman.Form "F"[See rule 5(3)]Form of receipt of Maternity BenefitTo..........................(Name of factory).......................I........................the undersigned, a woman employee the nominee of woman employee legal representative of...................woman employee deceased in................(name of factory) at.......................in district received maternity benefit and/or other amount due under the Maternity Benefit Act, 1961, from the employer of the factory referred to above, is detailed below:-Rs........... being the first installment of maternity benefit paid on...........Rs............being the second installment of maternity benefit after the 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.........................herNominee/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..............*Strike out unnecessary portion.Form "G"[See rule 9]ToThe Competent Authorityappointed under the Maternity Benefit Act, 19611. 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.
4.
5.
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.
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 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
1. Name of the Factory.
2. Situation of the Factory
TehsilDistrictStateNearest Railway Station3. Date of the starting of the Factory.
4. Date of closing, if closed.
5. Postal address of Factory.
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
10. (a) Name of Medical Officer attached to the Factory
11. (a) Is there any hospital at the Factory?
1. Factory
2. Aggregate number of woman permanently or temporarily employed during the year.
3. Number of woman 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 woman who gave notice under Section 6.
5. Number of woman 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 postnatal 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 additional leave for illness under Section 10 was granted
13. Number of cases in which additional leave for illness under Section 10 was applied for but was rejected
14. Number of woman who died
15. Number of cases in which payment was made to persons other than the women concerned
16. Number of woman discharged on dismissed while working
17. Number of woman deprived of maternity benefit and/or medical bonus under proviso to sub-section 12.
18. Number of cases in which payment was made on the order of the Competent Authority or Inspector
19. Remarks
N.B.:- Full particulars of each case and reasons for the section taken under serials 7, 17 and 18 should be given.Signature of employerDated...............Form "N"(See rule 16)Details of payment made during the year ending 31st December, 19...| Name of person to whom paid | Amount paid |
| 1. Date ofpayment2. Womanemployee3. Nominee ofthe woman4. Legalrepresentative of the woman5. Amount forthe period preceding date of expected delivery6. Amount forthe subsequent period7. UnderSection 8 of the Act8. UnderSection 9 of the Act9. UnderSection 10 of the Act10. Number ofwomen workers who absconded after receiving the first instalmentof maternity benefit.11. Cases whereclaims were contested in a Court of Law.12. Results ofsuch cases.13. Remarks |
| Place of employment for the women employee | Number of cases instituted | Number of cases which resulted in conviction | Remarks |