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Short title and commencement.-
(1) These rules may be called Maharashtra Maternity
Benefit Rules, 1965.
(2) They shall come into force on such date as the
State Government may appoint in this behalf.
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Short title and commencement.- In these
rules, unless the context otherwise requires,-
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"Act" means the
Maternity Benefit Act, 1961;
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"Competent Authority" means the chief
inspector
appointed under section 8 of the Factories Act, 1948;
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"Form" means a form appended to these rules;
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"Registered medical practitioner" means a person
registered under any law for the time being in force relating to
registration of
medical practitioners;
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"Registered midwife" means a midwife registered
under any law for the time being in force relating to
registration of midwives;
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"Section" means a section of the Act.
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Form of notice under section 6.- The notice
to be given by a woman entitled to maternity benefit under the provisions of the
Act shall be in Form 1.
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Method of payment of maternity benefit and other
benefits.-
(1) The medical bonus payable to a woman under
section 8 shall be paid along with the amount of maternity benefit payable in
respect of the period of six weeks immediately following the date of her
delivery.
(2) The wages payable to a woman in respect of
leave for miscarriage under section 9 or leave for illness arising out of
pregnancy, delivery, premature birth of a child or miscarriage under section 10
shall be paid within forty-eight hours of production of proof of such
miscarriage or illness.
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Proof of Pregnancy death, etc.-
(1) The production of a certificate in Form 2 from
a registered medical practitioner certifying the pregnancy, delivery,
miscarriage or illness arising out of pregnancy, delivery, premature birth of
child or miscarriage of a woman shall, for the purpose of the Act and these
rules, be proof of such pregnancy, delivery, miscarriage or, as the case may be,
illness:
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a certificate from a registered midwife in Form 3
in evidence of the confinement or miscarriage of a woman, or
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a certificate from a police patil or a certified
extract from a register of birth maintained under the provisions of any law for
the time being in force relating to registration of births, in evidence of the
confinement or a woman, shall also be proof of the confinement or, as the case
may be, miscarriage of a woman.
(2) The production of certificate in Form 4 from a
registered medical practitioner or of a certified extract from any register of
deaths maintained under the provisions of any law for the long time being in
force, relating to registration of deaths certifying the death of a woman of of
a child shall, for the purposes of the Act and these rules, be proof of such
death.
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Duration of breaks allowed under section 11.-
Each of the two breaks allowed to a woman under section 11 shall be of fifteen
minutes duration:
Provided that, having regard to the time reasonably
required to a woman, for reaching the crèche or the place where her child is
kept by her while on duty and for coming back to the place of duty, the duration
of each such break shall be extended by not less than five and not more than
fifteen minutes, and where there is a dispute as regards the time reasonably
required by a woman for the aforesaid purpose, each such break shall be extended
by such time as may be determined by the Competent Authority.
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Acts constituting gross misconduct.- The
following acts shall, for the purpose of the proviso to clause (a) of
sub-section (2) of section 12, constitute gross misconduct, namely:
(a) willfully destroying goods or property of the
employer;
(b) assaulting superiors or colleagues at the place
of duty;
(c) criminal offence involving moral turpitude
resulting in conviction by a court of law;
(d) theft, fraud or dishonesty in relation to the
employer's business or in relation to the employer's property at the premises
where the woman is employed;
(e) willful failure to observe the safety measures
or the rules on that subject;
(f) willfully interfering with safety devices or
fire fighting equipment.
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Appeal under Section 12.-
(1) Every appeal under clause (b) of sub-section
(2) of section 12 shall be made to the Competent Authority as early as may be in
Form 5. It shall be handed over to the Competent Authority personally, or sent
to it by registered post.
(2) After the appeal is received, the Competent
Authority shall furnish a copy thereof to the employer and serve a notice on him
calling upon him to send his reply to the appeal and product such documents
relating to the appeal as may be specified in the notice, on or before the date
specified in the notice. The notice shall also state that if the employer fails
to send his reply or produce the documents on or before the date specified in
the notice, the appeal shall be decided exparte.
(3) After considering the facts presented to it by
the appellant and the employer and after ascertaining them from the documents,
if any, produced by the employer, the Competent Authority shall give its
decision on the appeal. Where the employer fails to send his reply and produce
documents as required by the notice served on him under sub-rule (2), the
Competent Authority shall give its decision exparte.
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Complaint under section 17.-
(1) Every complaint under section17 shall be made
as early as may be in Form 6, where the complainant is a woman entitled to the
benefits in respect of which the complaint is made and in Form 7, where the
complainant is any person claiming such benefits under section 7.
(2) After a complaint is received under section 17,
an Inspector shall, before issuing orders under sub-section (2) of that section,
examine all records maintained by the employer which he considers to be relevant
for making inquiry into the complaint and examine any person employed by the
employer and take down necessary statements from such person.
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Appeal under section 17.-
(1) Every appeal under sub-section (3) of
section 17 shall be made to the Competent Authority as early as may be in Form
8:
Provided that, where the appeal is against the
decision of the Competent Authority itself, the appeal shall be made to the
State Government or to such other authority as the State Government
may appoint in that behalf in the form of a memorandum setting forth concisely
the grounds of objection to the decision.
(2) Where the appeal is received by the Competent
Authority, the Competent Authority shall on receipt of the appeal, call upon the
Inspector against whose decision the appeal is made to furnish before a
specified date all records relevant to the appeal, record statements of the
appellant and the Inspector, if necessary, take info account the documents and
evidence produced before it and the facts as presented to it or as ascertained
by it and then give its decision.
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Form of abstracts to exhibited under section 19.-
The abstracts of the provision of the Act and the rules made thereunder to be
exhibited under section 19 shall be in Form 9.
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Maternity benefit register.-
(1) Every employer of
factory wherein women are
employed shall prepare and maintain up-to-date a maternity benefit register in
Form 10.
(2) All entries in the register shall be made in
ink and the register shall be kept open for
inspection by the Inspector during
working hours.
(3) It shall be lawful for the employer to enter
such particulars in the register as he may consider to be necessary for the
purpose of the Act.
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Supply of forms.- Every employer shall, on
an application made by a woman, supply her with copies of any of the Form other
than Form 9, 10 and 11.
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Failure to submit notice etc, in prescribed
forms.- Where any notice, appeal or complaint is not given or made as early
as may be in the form in which it is required to be given or made under these
rules, the person receiving such notice, appeal or as the case may be, complaint
shall, within fifteen days of the receipt of such notice, appeal or complaint,
require the person giving such notice, appeal or complaint to give it in the
form in which it is required to be given under these rules and the said person
shall thereupon give the notice in the prescribed form with one month.
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Return.- Every employer shall furnish to the
Competent Authority by the 15th day of January each each year a return in Form
11.
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Records.- All records kept as required by
the provisions of the Act and these rules shall be preserved for a period of
three years commencing form the date of the last entry made therein.
