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THE MAHARASHTRA MATERNITY BENEFIT RULES, 1965

Industries and Labour Department, Sachivalaya, Bombay-32, 28th July 1965


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No. MBA-1063-Lab-III, -In exercise of the powers conferred by section 28 of the Maternity Benefit Act, 1961 (53 of 1961), the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (1) of the said section 28 of the Act:

  1. 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.

     

  2. Short title and commencement.- In these rules, unless the context otherwise requires,-

    1. "Act" means the Maternity Benefit Act, 1961;

    2. "Competent Authority" means the chief inspector appointed under section 8 of the Factories Act, 1948;

    3. "Form" means a form appended to these rules;

    4. "Registered medical practitioner" means a person registered under any law for the time being in force relating to registration of medical practitioners;

    5. "Registered midwife" means a midwife registered under any law for the time being in force relating to registration of midwives;

    6. "Section" means a section of the Act.

  3. 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.

     

  4. 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.

     

  5. 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:

    1. a certificate from a registered midwife in Form 3 in evidence of the confinement or miscarriage of a woman, or

    2. 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.

     

  6. 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.

     

  7. 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.

     

  8. 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.

     

  9. 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.

     

  10. 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.

     

  11. 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.

     

  12. 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.

     

  13. 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.

     

  14. 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.

     

  15. Return.- Every employer shall furnish to the Competent Authority by the 15th day of January each each year a return in Form 11.

     

  16. 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.


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