Chapter: 5.1 Rules in the Maternity Bnefit Act

Rules

1) Proof pregnancy death - The production of a certificate from Registered Medical Practitioner certifying the cause of death on account of pregnancy, delivery and other related diseases shall be given to the employer.

a) A certificate from the Registered Midwife is also admissible.

2) A certificate from the Police Patil or a certified extract from the register of Births maintained under the provisions of any Law relating to registration of births.

The duration of breaks allowed to a woman under Section. 11 shall be of 15 minutes provided that the time reasonably required by the woman to reach creche or place where the child kept while she is on duty and the time required for coming back to the place of duty the duration of such break shall not be less than 5 minutes and not more than 15 minutes.

Every employer in a factory wherein women are employed shall prepare, maintain and update a register which shall be called a maternity benefit register wherein all the entries shall be made in ink and shall be kept open for inspection by the Inspector during working hours. After the receipt of an application from a woman, the employer shall supply copies of Forms No 9t 10 and 11.

No employer shall dismiss of discharge a woman at the time of pregnancy provided that the dismissal is for the following acts and the employer by order in writing communicates to the woman depriving her of the maternity benefit or medical bonus or both.
i) Wilfully destroying the goods or property of the employer.
ii) Assaulting superiors or colleagues at the place of work.
iii) Criminal offense involving moral turpitude resulting in conviction by a courtof law.
iv) Theft, fraud, dishonesty in relation to the employer's business or employers property at the premises where she is employed.
v) Wilful failure to observe the safety measures of the Rules on that subject. vi) Wilfully interfering with safety devices or fire fighting equipment.

A woman deprived of such benefits shall make an appeal to the Competent Authority within a period of 60 days from the date on which she has received the communication of such deprivation. The inspector may on a receipt of such a complaint make an enquiry and if satisfied that the payment has been wrongfully withheld may direct the payment to be made. The decision of the Inspector lies for appeal before the Competent Authority within a period of 30 days. The decision of the Competent Authority is final

The employer of every factory shall on or before 15th January in each year submit a written in Form 11 to the Competent Authority.

The Appropriate Government after being satisfied with regard to the establishment or a class of establishments providing for the grant benefits which are less favourable than those provided in this Act may by a Government Official Gazette exempt, subject to conditions and restrictions the establishment or class of establishments from the operation of all or any of the provisions of this Act.