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............................
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