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Maternity Benefit (Mines and Circus) Rules, 1961

9. Appeal under section 12.-(1) An appeal under clause (b) of sub-section (2) of section 12 shall be preferred to the Competent Authority in Form #$#G#$#.

(2) The appeal may be made in writing and either handed over personally or sent under a registered cover to the Competent Authority.

(3) When an appeal is received, the Competent Authority shall furnish a copy of the memorandum of appeal to the employer, call for his reply thereto and also ask him to produce documents connected with the issue of the appeal by a fixed date. The Competent Authority may ascertain further details, if necessary, from the employer as well as from the woman. On considering the facts presented to him and ascertained by him the Competent Authority shall give his decision. In case the employer fails to submit his reply or produce the required documents within the specified period, the Competent Authority may give his decision exparte

10. Complaint under section 17.-(1) A complaint under sub-section (1) of section 17 shall be made in writing in Form #$#H#$#, or #$#I#$# as the case may be.

(2) When a complaint referred to in section 17 is received by an Inspector, he shall examine the relevant records maintained by the employer in this behalf, examine any person employed in 1[the mine or circus] and take down necessary statement for the purpose of the, enquiry and if he is satisfied that the maternity benefit or the amount has been improperly withheld, he shall direct the employer to make the payment to the woman or to the person claiming the payment under section 7, as the case may be, immediately or within a specified period.

11. Appeal under section 17.-(1) An appeal against the decision of the Inspector under sub-section (2) of section 17, shall lie to the Competent Authority .

(2) The aggrieved person shall prefer an appeal in writing to the Competent Authority in Form #$#J#$# and file other supporting documents.

(3) When an appeal is received, the Competent Authority shall call from the Inspector before a fixed date, the record of the case. The Competent Authority shall, if necessary, also record the statements of the aggrieved person, and of the Inspector and seek clarification if any is required.

(4) Taking into account the documents, the evidence produced before him and the facts presented to him or ascertained by him, the Competent Authority shall give his decision.

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 #$#I#$#.

13. Non-submission of notices, appeals or 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) The employer of 1[every mine or circus] shall on or before the 21st day of January in each year submit to the Competent Authority a return in each of the Forms #$#L#$#, #$#M#$#, #$#N#$# and #$#O#$# giving information as to the particulars specified in respect of the preceding year.

(2) If the employer of 1[a mine or circus] to which the Act applies sells, abandons or discontinues the working of 1[the mine or circus] he shall, within one month of the date of sale or abandonment or four months of the date of discontinuance, as the case may be, submit to the Competent Authority a further return in each of the said forms in respect of the period between the end of the preceding year and the date of sale, abandonment or discontinuance.

1.

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

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