Maternity Benefit Rules, 1961 - Introduction

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Maternity Benefit (Mines and Circus) Rules, 19611

Introduction

In exercise of the powers conferred by section 28 of the Maternity Benefit Act, 1961 (53 of 1961), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, namely:-

1. Short title and commencement.-

(1) These rules may be called the Maternity Benefit 2[Mines and Circus] Rules, 1963.
(2) They shall come into force on the 1st November, 1963.

2. Definitions.-In these rules, unless the context otherwise requires,-

(a) the "Act" means the Maternity Benefit Act, 1961 (53 of 1961);

3[(aa) "circus" means an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;]

4[(b) "Competent Authority" means the Chief Labour Commissioner (Central);]

(c) "Form" means a form appended to these rules.

(d) "muster-roll" means a muster-roll maintained under rule 3;

(e) "Registered Medical Practitioner" means a medical practitioner whose name has been enrolled in a register maintained under any law for the time being in force regulating the registration of practitioners of medicine;

(f) "section" means a section of the Act;

(g) All other words and expressions used hereinafter but not defined herein shall have the same meaning as respectively assigned to them in the Act.

3. Muster-roll.-(1) The employer of 5[every mine or circus] 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 6[the mine or circus].
(2) All entries in the muster-roll shall be made in ink and maintained up-to-date and it shall always be available for inspection by the Inspector during working hours.
(3) The employer may enter in the muster-roll such other particulars as may be required for any other purpose of the Act.

4. Proof.-(1) The fact that a woman is pregnant or has been delivered of a child 7[or has undergone miscarriage or medical termination of pregnancy or tubectomy operation or is suffering from illness arising out of pregnancy, delivery, premature birth of a child or miscarriage or medical termination of pregnancy or tubectomy operation] shall be proved by the production of a certificate to that effect,-

(a) from a Medical Officer of a regional hospital or a dispensary set up under the Coal Mines Welfare Organisation; or

(b) where there is a Mines Board of Health within whose jurisdiction 8[the mine] is situated, from the Medical Officer of that Board; or

(c) from a Registered Medical Practitioner.

The certificate shall be in Form 'B'

(2) The fact that a woman has been confined may also be proved by the production of a certified extract from a birth register maintained under the provisions of any law for the time being in force or a certificate signed by a registered midwife.

(3) The fact that a woman has undergone miscarriage may also be proved by the production of a certificate signed by a registered midwife.

(4) The fact of death of a woman or a child may be proved by the production of a certificate to that effect in Form 'C' from any of the authorities referred to in sub-rule (1) or by the production of a certified extract from a death register maintained under the provisions of any law for the time being in force.

(5) The certificate from a registered midwife shall be in Form'D'

1.

2.

3.

Ins. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

4.

Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992).

5.

6.

7.

Subs. by G.S.R. 70(E), deled 31st January, 1996 (w.e.f. 31-1-1996).

8.

Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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bobbyhelp 

Hi all, please help me how to fill the form A document need to help very urgent

vijaya54 

Has the Indian Law been amended for maternity leave? can you please provide the section and law details if so. I came to know that the government has mandated a 6 months maternity leave. Please advice.

binay26061978 

is maternity act applicable to construction industry

HRDExe 

Maternity act is applicable to the certain staff engaged by our establishmenton on contrcatual basis. My question is

whether this benfit is payable to the employee if she does not join after availing the maternity leave for which she is entitled for. And if she resigned from the estblishment after the expiry of the said leave, what will be the date of relieving? the day she last attended the establishment or the date on which the maternity leave ended. Please clarify.

Goswami, Admn Officer

marchall 

Please help me understand this works with companies that use Recruiting agencies to fulfill contingent labor needs? Are they responsible for paying the contractor maternity leave payout? Or would that be the responsibility of the agency that the work is actually employed by?

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