MATERNITY BENEFIT ACT 1961
THE MATERNITY BENEFIT ACT, 1961
ACT No. 53 OF 1961
12th December, 1961
An Act to regulate the employment of women in certainestablishments for certain periods before and after child-birth and to providefor maternity benefit and certain other benefits
BE it enacted by Parliament inthe Twelfth Year of the Republicof India as follows: –
1.Short title, extent andcommencement: (1) ThisAct may be called the Maternity Benefit Act, 1961.
(2) It extends to the whole of India 1 [*].
(3) It shall come into force onsuch date as may be notified in this behalf in the Official Gazette, –
2 [(a) in relation to mines andto any other establishment wherein persons are employed for the exhibition ofequestrian, acrobatic and other performances, by the Central Government; and]
(b) in relation to otherestablishments in a State, by the State Government.
1. The words "except theState of Jammu and Kashmir" omitted bythe Central Labour Laws (Extension to Jammuand Kashmir) Act, 1970 (51 of 1970) Section 2 andSchedule (w. e. f. 1-9-1971).
2. Substituted for the originalClause (a) by the Maternity Benefit (Amendment) Act, 1973 (52 of 1973)Section 2.
2.Application of Act: 1 [(1) Itapplies, in the first instance, –
(a) toevery establishment being a factory, mine or plantation including any suchestablishment belonging to Government and to every establishment whereinpersons are employed for the exhibition of equestrian, acrobatic and otherperformances;
(b) toevery shop or establishment within the meaning of any law for the time being inforce in relation to shops and establishments in a State, in which ten or morepersons are employed, or were employed, on any day of the preceding twelvemonths:]
Provided that the StateGovernment may, with the approval of the Central Government, after giving notless than two months’ notice of its intention of so doing, by notification inthe Official Gazette, declare that all or any of the provisions of this Actshall apply also to any other establishment or class of establishments,industrial, commercial, agricultural or otherwise.
(2) 2 [Save as otherwise provided in 3[section 5A and Five], nothing contained in this Act] shall apply to any factory or other establishmentto which the provisions of the Employees’ State Insurance Act, 1948, (34 of1948) apply for the time being.
1. Substituted for the openingparagraph of the Sub-section (1) by the Maternity Benefit(Amendment) Act, 1988 (61 of 1988) Section 2 (w. e. f. 10-1-1989).
2. Substituted for the words"Nothing contained in this Act" by the Maternity Benefit(Amendment) Act, 1972 (21 of 1972) Section 2.
3.Substituted for the word, figure and letter "section 5A" by theMaternity Benefit (Amendment) Act, 1976 (53 of 1976) Section 2.
3.Definitions: In this Act, unless the contextotherwise requires, –
(a) "appropriateGovernment" means, in relation to an establishment being a mine, 1 [or an establishment wherein persons are employed forthe exhibition of equestrian, acrobatic and other performances,] the Central Government and inrelation to any other establishment, the State Government;
(b) "child" includesa still–born child;
(c) "delivery" meansthe birth of a child;
(d) "employer" means–
(i) in relation to anestablishment which is under the control of the Government, a person orauthority appointed by the Government for the supervision and control ofemployees or where no person or authority is so appointed, the head of thedepartment.
(ii) in relation to anestablishment under any local authority, the person appointed by such authorityfor the supervision and control of employees or where no person is soappointed, the chief executive officer of the local authority;
(iii) in any other case, theperson who, or the authority which, has the ultimate control over the affairsof the establishment and where the said affairs are entrusted to any otherpersons whether called a manager, managing director, managing agent, or by anyother name, such person;
2 [(e) "establishment"means –
(iv) anestablishment wherein persons are employed for the exhibition of equestrian,acrobatic and other performances; 3[*]
4 [(iva) a shop or establishment; or]
(v) anestablishment to which the provisions of this Act have been declared under sub–section(1) of section 2 to be applicable;]
(f) "factory" means afactory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of1948);
(g) "Inspector" meansan Inspector appointed under section 14;
(h) "maternitybenefit" means the payment referred to in sub–section (1) ofsection 5;
5 [(ha) " medicaltermination of pregnancy" means the termination of pregnancy permissibleunder the provisions of the Medical Termination of Pregnancy Act, 1971 (34 of1971).]
(i) "mine" means amine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952);
(j) "miscarriage"means expulsion of the contents of a pregnant uterus at any period prior to orduring the twenty sixth week of pregnancy but does not include any miscarriage,the causing of which is punishable under the Indian Penal Code;
(45 of 1860)
(k) "plantation"means a plantation as defined in clause (f) of section 2 of the PlantationsLabour Act, 1951 (69 of 1951);
(j) "prescribed"means prescribed by rules made under this Act;
(m) "StateGovernment". in relation to a Union territory, means the Administratorthereof;
(n) "wages" means allremuneration paid or payable in cash to a woman, if the terms of the contractof employment, express or implied, were fulfilled and includes –
(1) such cash allowances(including dearness allowance and house rent allowance) as a woman is for thetime being entitled to;
(2) incentive bonus; and
(3) the money value of theconcessional supply of foodgrains and other articles,
but does not include –
(i) any bonus other thanincentive bonus;
(ii) over –time earningsan any deduction or payment made on account of fines;
(iii) any contribution paid orpayable by the employer to any pension fund or provident fund or for thebenefit of the woman under any law for the time being in force; and
(iv) any gratuity payable onthe termination of service;
(o) "woman" means awoman employed, whether directly or through any agency, for wages in anyestablishment.
1. Inserted by the MaternityBenefit (Amendment) Act, 1973 (52 of 1973) Section 4 (i).
2.Substituted for the original Clause (e) by the Maternity Benefit (Amendment)Act, 1973 (52 of 1973) Section 4 (ii).
3. theword "or" omitted by the Maternity Benefit (Amendment) Act, 1988 (61of 1988) Section 3 (a) (w. e. f. 10-1-1989).
4. Sub-clause (iv) omitted bythe MaternityBenefit (Amendment) Act, 1988 (61 of 1988) Section 3 (b) (w. e. f. 10-1-1989).
5.Clause (ha) inserted by the Maternity Benefit (Amendment) Act, 1995 (29 of1995) Section 2.
4.Employment of, or work by,women prohibited during certain periods: (1) No employer shall knowingly employ a woman inany establishment during the six weeks immediately following the day of herdelivery 1 [miscarriage or medical termination ofpregnancy].
(2) No woman shall work in anyestablishment during the six weeks immediately following the day of herdelivery 2[miscarriage or medical termination ofpregnancy].
(3) Without prejudice to theprovisions of section 6, no pregnant woman shall, on a request being made byher in this behalf, be required by her employer to do during the periodspecified in subsection (4) any work which is of an arduous nature or whichinvolves long hours o standing, or which is of an arduous nature or whichinvolves long hours of standing, or which in any way is likely to interferewith her pregnancy or the normal development of the foetus, or is likely tocause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to insub–section (3) shall be –
(a) the period of one monthimmediately preceding the period of six weeks, before the date of her expecteddelivery;
(b) any period during the saidperiod of six weeks for which the pregnant woman does not avail of leave ofabsence under section 6.
1. Substituted for the words"or her miscarriage" by the Maternity Benefit (Amendment) Act, 1995(29 of 1995) Section 3 (a).
2. Substituted for the words"or her miscarriage" by the Maternity Benefit (Amendment) Act, 1995(29 of 1995) Section 3 (b).
5.Right to payment of maternitybenefit: 1 [(1) Subject to the provisions of this Act, every womanshall be entitled to, and her employer shall be liable for, the payment ofmaternity benefit at the rate of the average daily wage for the period for heractual absence, that is to say, the period immediately preceding the day of herdelivery, the actual day of her delivery and any period immediately followingthat day.]
Explanation: For thepurpose of this sub–section, the average daily wage means the average ofthe woman’s wages payable to her for the days on which she has worked duringthe period of three calendar months immediately preceding the date from whichshe absents herself on account of maternity, 2 [the minimum rates of wage fixed or revised under theMinimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest.]
(2) No woman shall be entitledto maternity benefit unless she has actually worked in an establishment of theemployer from whom the claims maternity benefit, for a period of not less than 3 [eighty days] in the twelve months immediately preceding the date of herexpected delivery:
Provided that the qualifying periodof one hundred and sixty days aforesaid shall not apply to a woman who hasimmigrated into she State of Assam and was pregnant at the time of theimmigration.
Explanation: For thepurpose of calculating under this sub–section the days on which a womanhas actually worked in the establishment, 4 [the days for which she has been laid off or was onholidays declared under any law for the time being in force to be holidays withwages] during the period of twelvemonths immediately preceding the date of her expected delivery shall be takeninto account.
5 [(3) The maximum period for which any woman shall beentitled to maternity benefit shall be twelve seeks of which not more than sixweeks shall precede the date of her expected delivery:]
Provided that where a womandies during this periods, the maternity benefit shall be payable only for thedays up to and including the day of her death:
6 [Provided further that where a woman, having beendelivered of a child, dies during her delivery or during the period immediatelyfollowing the date of her delivery for which shall is entitled for thematernity benefit, leaving behind in either case the child, the employer shallbe liable for the maternity benefit for that entire period but if the childalso dies during the said period, then, for the days up to and including thedate of the death of the child.]
1. Substituted for the openingparagraph of Sub-section (1) by the Maternity Benefit (Amendment) Act, 1988(61 of 1988) Section 4 (a) (i) (w. e. f. 10-1-1989).
2.Substituted for the words "or one rupee a day, which ever is higher" by the MaternityBenefit (Amendment) Act, 1988 (61 of 1988) Section 4 (a) (ii) (w. e. f.10-1-1989).
3.Substituted for the words "one hundred and sixty days" by the Maternity Benefit(Amendment) Act, 1988 (61 of 1988) Section 4 (b) (i) (w. e. f. 10-1-1989).
4.Substituted for the words "the days for which she has been laid off" by the MaternityBenefit (Amendment) Act, 1988 (61 of 1988) Section 4 (b) (ii) (w. e. f.10-1-1989).
5. Substituted for the openingparagraph of Sub-section (5) by the Maternity Benefit (Amendment) Act, 1988(61 of 1988) Section 4 (c) (i) (w. e. f. 10-1-1989).
6.Substituted for the Second Proviso by the Maternity Benefit (Amendment) Act,1988 (61 of 1988) Section 4 (c) (ii) (w. e. f. 10-1-1989).
1 [5A.Continuance of payment of maternity benefit incertain cases: Every woman entitled to the payment of maternitybenefit under this Act shall, notwithstanding the application of the Employees’State Insurance Act, 1948, to the factory or other establishment in which sheis employed, continue to be so entitled until she becomes qualified to claimmaternity benefit under section 50 of that Act.]
1. Section 5A inserted by the MaternityBenefit (Amendment) Act, 1972 (21 of 1972) Section 3.
1 [5B.Payment of maternity benefit in certain cases: Everywoman –
(a) whois employed in a factory or other establishment to which the provisions of theEmployees’ State Insurance Act, 1948, apply;
(b)whose wages (excluding remuneration for overtime work) for a month exceed theamount specified in sub–clause (b) of clause (9) of section 2 of thatAct; and
(c) whofulfils the conditions specified in sub–section (2) of section 5,
shallbe entitled to the payment of maternity benefit under this Act.]
1. Section 5B inserted by theMaternity Benefit (Amendment) Act, 1976 (53 of 1976) Section 3.
6.Notice of claim for maternitybenefit and payment thereof: (1) Any woman employed in an establishment and entitled tomaternity benefit under the provisions of this Act may give notice in writingin such form as may be prescribed, to her employer, stating that her maternitybenefit and any other amount to which she may be entitled under this Act may bepaid to her or to such person as she may nominate in the notice and that shewill not work in any establishment during the period for which she receivesmaternity benefit.
(2) In the case of a woman whois pregnant, such notice shall state the date from which she will be absentfrom work, not being a date earlier than six weeks from the date of herexpected delivery.
(3) Any woman who has not giventhe notice when she was pregnant may give such notice as soon as possible afterthe delivery.
1 [(4) On receipt of the notice, the employer shallpermit such woman to absent herself from the establishment during the periodfor which she receives the maternity benefit.]
(5) The amount of maternitybenefit for the period preceding the date of her expected delivery shall bepaid in advance by the employer to the woman on production of such proof as maybe prescribed that the woman is pregnant, and the amount due for the subsequentperiod shall be paid by the employer to the woman within forty–eighthours of production of such proof as may be prescribed that the woman has beendelivered of a child.
(6) The failure to give noticeunder this section shall not disentitle a woman to maternity benefit or anyother amount under this Act if she is otherwise entitled to such benefit oramount and in any such case an Inspector may either of his own motion or on anapplication made to him by the woman, order the payment of such benefit oramount within such period as may be specified in the order.
1. Substituted for the originalSub-section (4) by the Maternity Benefit (Amendment) Act, 1988(61 of 1988) Section 5 (w. e. f. 10-1-1989).
7.Payment of maternity benefitin case of death of a woman: If a woman entitled to maternity benefit or any other amountunder this Act, dies before receiving such maternity benefit or amount, orwhere the employer is liable for maternity benefit under the second proviso tosub–section (3) of section 5, the employer shall pay such benefit oramount to the person nominated by the woman in the notice given under section 6and in case there is no such nominee, to her legal representative.
8.Payment of medical bonus: Every woman entitled tomaternity benefit under this Act shall also be entitled to receive from heremployer a medical bonus of 1 [twohundred and fifty rupees], if no pre–natal confinement and post–natal careis provided for by the employer free of charge.
1. Substituted for the words"twenty–five rupees" by the Maternity Benefit(Amendment) Act, 1988 (61 of 1988) Section 6 (w. e. f. 10-1-1989).
1 [9.Leave for miscarriage etc: In caseof miscarriage or medical termination of pregnancy, a woman shall, onproduction of such proof as may be prescribed, be entitled to leave with wagesat the rate of maternity benefit, for a period of six weeks immediatelyfollowing the day of her miscarriage or, as the case may be, her medicaltermination of pregnancy.]
1. Substituted for the originalSection 9 by the Maternity Benefit (Amendment) Act, 1995 (29 of 1995)Section 4.
1 [9A.Leave with wages for tubectomy operation: Incase of tubectomy operation, a woman shall, on production of such proof as maybe prescribed, be entitled to leave with wages at the rate of maternity benefitfor a period of two weeks immediately following the day of her tubectomyoperation.]
1. Section 9A inserted by the MaternityBenefit (Amendment) Act, 1995 (29 of 1995) Section 5.
10.Leave for illness arisingout of pregnancy, delivery, premature birth of child, or miscarriage: A woman suffering from illnessarising out of pregnancy, delivery, premature birth of child 1 [miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of suchproof as may be prescribed, be entitled, in addition to the period of absenceallowed to her under section 6, or, as the case may be, under section 9, toleave with wages at the rate of maternity benefit for a maximum period of onemonth.
1. Substituted for the words"or miscarriage" by the Maternity Benefit (Amendment) Act, 1995(29 of 1995) Section 6.
11.Nursing breaks: Every woman delivered of achild who returns to duty after such delivery shall, in addition to theinterval for rest allowed to her, be allowed in the course of her daily worktwo breaks of the prescribed duration for nursing the child until the childattains the age of fifteen months.
12.Dismissal during absence ofpregnancy: (1) When a woman absentsherself from work in accordance with the provisions of this Act, it shall beunlawful for her employer to discharge or dismiss her during or on account ofsuch absence or to give notice of discharge or dismissal on such a day that thenotice will expire during such absence, or to vary to her disadvantage any ofthe conditions of her service.
(2) (a) The discharge or dismissal of awoman at any time during her pregnancy, if the woman but for such discharge ordismissal would have been entitled to maternity benefit or medical bonusreferred to in section 8, shall not have the effect of depriving her of thematernity benefit or medical bonus:
Provided that where thedismissal is for any prescribed gross misconduct, the employer may, by order inwriting communicated to the woman, deprive her of the maternity benefit ormedical bonus or both.
1 [(b) Any woman deprived ofmaternity benefit or medical bonus, or both, or discharged or dismissed duringor on account of her absence from work in accordance with the provisions ofthis Act, may, within sixty days from the date on which order of suchdeprivation or discharge or dismissal is communicated to her, appeal to suchauthority as may be prescribed, and the decision of that authority on suchappeal, whether the woman should or should not be deprived of maternity benefitor medical bonus, or both, or discharged or dismissed shall be final.]
(c) Nothing contained in thissub–section shall affect the provisions contained in sub–section(1).
1. Substituted for the originalClause (b) by the Maternity Benefit (Amendment) Act, 1988 (61 of 1988)Section 7 (w. e. f. 10-1-1989).
13.NO deduction of wages incertain cases: Nodeduction from the normal and usual daily wages of a woman entitled tomaternity benefit under the provisions of this Act shall be made by reason onlyof –
(a) the nature of work assignedto her by virtue of the provisions contained in sub–section (3) ofsection 4; or
(b) breaks for nursing thechild allowed to her under the provisions of section 11.
14.Appointment of Inspectors: The appropriate Governmentmay, by notification in the Official Gazette, appoint such officers as itthinks fit to be Inspectors for the purposes of this Act and may define thelocal limits of the jurisdiction within which they shall exercise theirfunctions under this Act.
15.Powers and duties ofInspectors: AnInspector may, subject to such restrictions or condition as may be prescribed,exercise all or any of the following powers namely: –
(a) enter at all reasonabletimes with such assistants, if any, being persons in the service of theGovernment or any local or other public authority, as he thinks fit, anypremises or place where women are employed or work is given to them in anestablishment, for the purposes of examining any registers, records and noticesrequired to be kept or exhibited by or under this Act and require thisproduction for inspection;
(b) examine any person whom hefinds in any premises or place and who, he has reasonable cause to believe, isemployed in the establishment:
Provided that no person shallbe compelled under this section to answer any question or give any evidencetending to incriminate himself;
(c) require the employer togive information regarding the names and addresses of women employed, paymentsmade to them, and applications or notice received from them under this Act; and
(d) take copies of anyregisters and records or notices or any portions thereof.
16.Inspectors to be publicservants: Every Inspector appointed underthis Act shall be deemed to be a public servant within the meaning of section21 of the Indian Penal Code (45 of 1860).
17.Power of Inspector to directpayments to be made: 1 [(1) Any woman claiming that –
(a)maternity benefit or any other amount to which she is entitled under this Actand any person claiming that payment due under section 7 has been improperlywithheld;
(b) heremployer has discharged or dismissed her during or on account of her absencefrom work in accordance with the provisions of this Act.
maymake a complaint to the Inspector.
(2) TheInspector may, of his own motion or on receipt of a complaint referred to insub–section (1), make an inquiry or cause an inquiry to be made and ifsatisfied that –
(a)payment has been wrongfully withheld, may direct the payment to be made inaccordance with his orders ;
(b) shehas been discharged or dismissed during or on account of her absence from workin accordance with the provisions of this Act, may pass such orders as are justand proper according to the circumstances of the case.]
(3) Any person aggrieved by thedecision of the Inspector under sub–section (2) may, within thirty daysfrom the date on which such decision is communicated to such person, appeal tothe prescribed authority.
(4) The decision of theprescribed authority where an appeal has been preferred to it under sub–section(3) or of the Inspector where no such appeal has been preferred, shall befinal.
2 [(5) Any amount payable under this section shall berecoverable by the Collector on a certificate issued for that amount by theInspector as an arrear of land revenue.]
1. Substituted for the originalSub-sections (1) and (2) by the Maternity Benefit (Amendment) Act, 1988(61 of 1988) Section 8 (a) (w. e. f. 10-1-1989).
2. Substituted for the originalSub-section (5) by the Maternity Benefit (Amendment) Act, 1988(61 of 1988) Section 8 (b) (w. e. f. 10-1-1989).
18.Forfeiture of maternitybenefit: If a woman works in anyestablishment after she has been permitted by her employer to absent herselfunder the provisions of section 6 for any period during such authorisedabsence, she shall forfeit her claim to the maternity benefit for such period.
19.Abstract of Act and rulesthereunder to be exhibited: An abstract of the provisions of this Act and the rules madethereunder in the language or languages of the locality shall be exhibited in aconspicuous place by the employer in every part of the establishment in whichwomen are employed.
20.Registers, etc: Every employer shall prepareand maintain such registers, records and muster–rolls and in such manneras may be prescribed.
1 [21.Penalty for contravention of Act by employer: (1) If any employer fails to pay any amount ofmaternity benefit to a woman entitled under this Act or discharges or dismissessuch woman during or on account of her absence from work in accordance with theprovisions of this Act, he shall be punishable with imprisonment which shallnot be less than three months but which may extend to one year and with fivewhich shall not be less than two thousand rupees but which may extend to fivethousand rupees:
Providedthat the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonmentfor a lesser term or fine only in lieu of imprisonment.
(2) Ifany employer contravenes the provisions of this Act or the rules madethereunder, he shall, if no other penalty is elsewhere provided by or underthis Act for such contravention, be punishable with imprisonment which mayextend to one year, or with fine which may extend to five thousand rupees, orwith both:
Providedthat where the contravention is of any provision regarding maternity benefit orregarding payment of any other amount and such maternity benefit on amount hasnot already been recovered, the court shall, in addition, recover suchmaternity benefit or amount as if it were a fine and pay the same to the personentitled thereto.]
1. Substituted for the originalSection 21 by the Maternity Benefit (Amendment) Act, 1988 (61 of 1988)Section 9 (w. e. f. 10-1-1989).
22.Penalty for obstructingInspector: Whoever fails to produce ondemand by the Inspector any register or document in his custody kept inpursuance of this Act or the rules made thereunder or conceals or prevents anyperson from appealing before or being examined by an Inspector shall bepunishable with imprisonment 1 [whichmay extend to one year, or with fine which may extend to five thousand rupees], or with both.
1. Substituted for the words"which may extend to three months, or with fine which may extend to fivehundred rupees" by the Maternity Benefit (Amendment) Act, 1988(61 of 1988) Section 10 (w. e. f. 10-1-1989).
1 [23.Cognizance of offences: (1) Any aggrieved woman, an office–bearerof a trade union registered under the Trade Union Act, 1926 (16 of 1926.) ofwhich such woman is a member or a voluntary organisation registered under theSocieties Registration Act, 1860 (21 of 1860.) or an Inspector, may file acomplaint regarding the commission of an offence under this Act in any court ofcompetent jurisdiction and no such complaint shall be filed after the expiry ofone year from the date on which the offence is alleged to have been committed.
(2) Nocourt inferior to that of a Metropolitan Magistrate or a Magistrate of thefirst class shall try any offence under this Act.]
1. Substituted for the originalSection 23 by the Maternity Benefit (Amendment) Act, 1988 (61 of 1988)Section 11 (w. e. f. 10-1-1989).
24.Protection of action takenin good faith: No suit,prosecution or other legal proceeding shall lie against any person for anythingwhich is in good faith done or intended to be done in pursuance of this Act orof any rule or order made thereunder.
25.Power of Central Governmentto give directions: The Central Government may give such directions as it may deemnecessary to a State Government regarding the carrying into execution of theprovisions of this Act and the State Government shall comply with suchdirections.
26.If the appropriate Government is satisfied thathaving regard to an establishment or a class of establishments providing forthe grant of benefits which are not less favourable than those provided in thisAct, it is necessary so to do, it may, by notification in the Official Gazette,exempt, subject to such conditions and restrictions, if any, as may bespecified in the notification, the establishment or class of establishmentsfrom the operation of all or any of the provisions of this Act or of any rulemade thereunder.
27.Effect of laws andagreements inconsistent with this Act: (1) The provisions of this Act shall have effectnotwithstanding anything inconsistent therewith contained in any other law orin the terms of any award, agreement or contract of service, whether madebefore or after the coming into force of this Act:
Provided that where under anysuch award, agreement, contract o service or otherwise, a woman is entitled tobenefits in respect of any matter which are more favourable to her than thoseto which she would be entitled under this Act, the woman shall continue to beentitled to the more favourable benefits in respect of that matter,notwithstanding that she is entitled to receive benefits in respect of othermatters under this Act.
(2) Nothing contained in thisAct shall be construed to preclude a woman from entering into an agreement withher employer for granting her rights or privileges in respect o any matterwhich are more favourable to her than those to which she would be entitledunder this Act.
28.Power to make rules: (1) The appropriate Governmentmay, subject to the condition of previous publication and by notification inthe Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide for–
(a) the preparation andmaintenance of registers, record and muster–rolls;
(b) the exercise of powers(including the inspection of establishments) and the performance of duties byInspectors for the purposes of this Act;
(c) the method of payment ofmaternity benefit an other benefits under this Act in so far as provision hasnot been made therefor in this Act;
(d) the form of notices undersection 6;
(e) the nature of proofrequired under the provisions of this Act;
(f) the duration of nursingbreaks referred to in section 11;
(g) acts which may constitutegross misconduct for purposes of section 12;
(h) the authority to which anappeal under clause (b) of sub–section (2) of section 12 shall lie; theform and manner in which such appeal may be made and the procedure to befollowed ion disposal thereof;
(i) the authority to which anappeal shall lie against the decision of the Inspector under section 17; theform and manner in which such appeal may be made and the procedure to befollowed in disposal thereof;
(j) the form and manner inwhich complaints may be made to Inspectors under sub–section (1) of section17 and the procedure to be followed by them when making inquiries or causinginquiries to be made under sub–section (2) of that section;
(k) any other matter which isto be, or may be, prescribed.
(3) Every rule made by theCentral Government under this section shall be laid as soon as may be after itis made, before each House of Parliament while it is in session for a totalperiod of thirty days which may be comprised in one session 1 [or in two or more successive sessions, and if, beforethe expiry of the session immediately following the session or the successivesessions aforesaid], bothHouses agree in making any modification in the rule or both Houses agree thatthe rule should not be made, the rule shall thereafter have effect only in suchmodified form or be of no effect, as the case may be; so however that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that rule.
1. Substituted for the words"or in two successive sessions, and if before the expiry of the session inwhich it is so laid or the session immediately following" by the MaternityBenefit (Amendment) Act, 1973 (52 of 1973) Section 5.
29.Amendment of Act 69 of 1951: In section 32 of thePlantations Labour Act, 1951, –
(a) in sub–section (1) ,the letter and brackets "(a)" before the words "in the case ofsickness" , the word "and" after the words "sicknessallowance" and clause (b) shall be omitted;
(b) in sub–section (2) ,the words "or maternity" shall be omitted.
30.Repeal: On the application of this Act–
(i) to mines, the MinesMaternity Benefit Act, 1941 (19 of 1941); and
(ii) to factories situate inthe Union territory of Delhi, the Bombay Maternity Benefit Act, 1929, (Bom. ActVII of 1929) as in force in that territory, shall stand repealed.