Punjab Maternity Benefit Rules, 1967

PUNJAB MATERNITY BENEFIT RULES, 1967 (20.14 – 20.28)

1. Short title. -- These rules may be called the Punjab Maternity Benefit Rules, 1967.

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

(a) “Act” means the Maternity Benefit Act, 1961 (Central Act 53 of 1961);

(b) “Component Authority” in relation to an establishment shall be the Chief Inspector of Factories, Punjab, or any person authorized by the State Government by a Notification in this behalf;

(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.

3. Muster roll. Sections 20 and 28(2)(a). -- (1) The employer of every establishment including an establishment belonging to Government, in which women are employed shall prepare and maintain a muster roll in form ‘A’ [-].

(2) All entries in the muster roll shall be made in ink and maintained up to date and it shall always be available for in section 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. Form of Notice under Section 4. Sections 6(1) and 28(2)(k). -- The written notice referred to in Section 6 shall be in Form ‘B’.

 

5. Proof. Sections 6(5) and 28(2)(e). -- (1) The fact that a woman is pregnant or has been delivered of a child or has undergone miscarriage or is suffering from illness arising out or pregnancy, delivery, premature birth of child or miscarriage shall be proved by the production of a certificate to that effect in Form ‘C’ from—

(a) a Medical Officer of a Civil Hospital or of a dispensary set up by the State Government; or

(b) a Registered Medical Practitioner.

(2) The fact that a woman has been confined may also be proved by the production of certified [copy of an] 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 mid-wife in Form

‘D’.

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

(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 ‘E’ from any of the authorities referred to in sub-rule (1) or by the production of a certified [copy of an] extract from a death register maintained under the provisions of any law for the time being in force.

6. Payment of maternity and other benefit. Sections 6 and 28(2)(c). -- (1) The employer shall make payment of the maternity benefit and any other amount due under the Act to the woman concerned, or, in case of her death before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit, benefit under the second proviso to sub-section (3) of Section 5, to the person nominated by the woman in her notice in Form ‘B’ and in case there is no such nominee to her legal representative. 

 

(2) In case of any doubt, the maternity benefit or other amount due to a woman under the Act, shall be paid by the employer to the recipient after necessary enquiries are made by the Competent Authority to ensure that the person to whom the payment is to be made, in his opinion, is entitled to receive it.

(3) Whenever the payment referred to in sub-rule (1) is made, a receipt shall be obtained by the employer in Form ‘F’ from the person to whom the payment is made. In cases falling under sub-rule (2), a receipt shall be given by the recipient of the benefit in Form ‘F’ to the employer after receiving the payment in the presence of Competent Authority of his nominee who shall counter sign it.

(4) The medical bonus shall be paid along with the second installment of the maternity benefit.

(5) The payment under Section 7 shall be made within two months of the date of death of the woman entitled to receive the payment.

(6) The wages due under Section 10 shall be paid within a week of the beginning of the period of leave referred to in that section on the production of a certificate in Form ‘C’ from the medical office of a Civil Hospital or of a Dispensary set up by the State Government or form a Registered Medical Practitioner.

(7) The wages due under Section 10 shall be paid within a week of the beginning of the period of leave referred to in that section on the production of a certificate in Form ‘C’ from the medical officer of a Civil Hospital or of a Dispensary set up by the State Government or from a Registered Medical Practitioner............................

Punjab Maternity Benefit Rules, 1967

Here's a Q&A based on the Punjab Maternity Benefit Rules, 1967:

Q1. What are these rules called, and what do they implement?
These are the Punjab Maternity Benefit Rules, 1967 — framed to implement the (Central) Maternity Benefit Act, 1961, in Punjab.

Q2. Who is the "Competent Authority" under these rules?
In relation to an establishment, it is the Chief Inspector of Factories, Punjab, or any person authorized by the State Government through a notification.

Q3. What is a "Muster Roll," and who must maintain it?
Under Rule 3, the employer of every establishment (including government establishments) employing women must prepare and maintain a Muster Roll in Form 'A'. All entries must be made in ink, kept up to date, and made available for inspection during working hours.

Q4. How does a woman give notice of her pregnancy/maternity leave to her employer?
The written notice under Section 6 of the Act must be given in Form 'B' (Rule 4), stating her expected delivery date, absence period, and nominee for payment in case of her death.

Q5. How is pregnancy, delivery, miscarriage, or related illness proved?
Via a certificate in Form 'C' from a Medical Officer of a Civil Hospital/State dispensary or a Registered Medical Practitioner (Rule 5). Confinement can also be proved by a birth register extract or a registered midwife's certificate (Form 'D'), and death by Form 'E' or a death register extract.

Q6. When and how is maternity benefit paid?

• The medical bonus is paid along with the second installment of maternity benefit (Rule 6(4)).
• Payment on death of the entitled woman must be made within two months of her death (Rule 6(5)).
• Wages under Section 10 must be paid within a week of the start of the leave period, on production of Form 'C' (Rule 6(6)/(7)).
• A receipt must be taken in Form 'F' whenever payment is made.

Q7. How long are the nursing breaks for a working mother?
Under Rule 7, each of the two nursing breaks under Section 11 shall be 20 minutes, with up to 15 extra minutes if the crèche is not near the workplace. (Note: the Act's Abstract, Form 'K', separately mentions two 15-minute breaks — reflecting the Act vs. these Rules.)

Q8. What are the duties of the Competent Authority and Inspectors?

• Competent Authority is responsible for due administration of the rules (Rule 8(1)).
• Inspectors work within their assigned area under the Competent Authority's supervision.
• No Inspector may physically examine or question a woman about her pregnancy — doubtful cases must be referred to a female Registered Medical Practitioner, with fees paid by the employer.
• Inspectors must issue written compliance instructions and allow 24 hours for record production if records aren't available at inspection time.

Q9. What counts as "gross misconduct" that can deprive a woman of maternity benefit?
Under Rule 9:

• Willful destruction of employer's property worth more than Rs. 100 (excluding defective production due to lack of skill)
• Established immoral/nefarious activities
• Serious crimes like theft, fraud, or dishonesty resulting in court conviction

Q10. How does a woman appeal if benefit is denied due to alleged misconduct (Section 12)?
She files an appeal in Form 'G' to the Competent Authority (Rule 10), either in person or by registered post. The Competent Authority gives the employer a copy, seeks a reply/documents by a fixed date, and may decide ex parte if the employer fails to respond.

Q11. How does a woman (or her nominee) complain if benefit is wrongly withheld (Section 17)?
A complaint is made in Form 'H' (by the woman) or Form 'I' (by nominee/legal representative) to the Inspector (Rule 11), who investigates and can direct immediate or time-bound payment.

Q12. How is an appeal against the Inspector's decision made?
Under Rule 12, an aggrieved party appeals to the Competent Authority in Form 'J', who calls for the Inspector's decision/documents, may record statements, and gives a final decision after hearing both sides.

Q13. Are the required forms free for employees?
Yes — Rule 13 requires the employer to supply Forms 'B' through 'I' free of cost upon a woman's request.

Q14. How long must records be preserved?
For three years from the date of the last entry (Rule 14).

Q15. What is the "Abstract" (Form 'K') for?
Rule 15 requires employers to exhibit an abstract of the Act's and Rules' key provisions (eligibility, prohibited work, benefit rates, dismissal protections, etc.) in Form 'K', as the Competent Authority may direct.

Q16. What annual returns must employers file, and by when?
By 21st January each year, employers must submit returns in Forms 'L', 'M', 'N', and 'O' covering the preceding year (Rule 16(1)). If the establishment is sold/closed, a further return is due within 1 month (sale/abandonment) or 4 months (discontinuance) (Rule 16(2)).

Q17. What do Forms L, M, N, and O cover?

• Form L: Establishment details (location, employer, medical staff, hospital facilities, crèche).
• Form M: Employment/dismissal statistics — women employed, notices given, claims paid/rejected, deaths, dismissals.
• Form N: Payment details — amounts paid under various Sections, absconding cases, court-contested claims.
• Form O: Prosecution details — cases instituted and convictions.

Q18. What key protections does Form 'K' (Abstract) summarize from the Act?

• No woman may work for 6 weeks after delivery/miscarriage; none can be made to do arduous work in the month before her 6-week pre-delivery period.
• Benefit eligibility requires 160 days of work (waived for women who immigrated to Punjab while already pregnant).
• Medical bonus of Rs. 25 if free pre/post-natal care isn't provided.
• Dismissal during pregnancy generally can't deprive her of benefits, except for listed serious misconduct (property destruction, assault, criminal offence, theft/fraud, safety violations).
• Nursing breaks of 15 minutes each (twice daily) until the child turns 15 months, plus 5–15 minutes extra for crèche travel.