The
WEST PAKISTAN MATERNITY BENEFIT RULES, 1961
[Published
under Health, Welfare & Local Govt. Deptt. Noti. IX‑16‑2 (LII/59 of 5 June,
1961, Gaz. of West Pak. Extr. 10 June 1961, p. 1505.]
[Rules framed by West Pakistan
Government in exercise of the powers conferred by section 13 of the West
Pakistan Maternity Benefit Ordinance, 1958 (XXXII of 1958), and in
super-session of the Sind Maternity Benefit Rules, 1929, and the Punjab
Maternity Benefit Rules, 1944.]
1. Short title and commencement.‑--- (1) These rules may be called the West Pakistan
Maternity Benefit Rules, 1961.
(2) They shall come into force at
once.
2. Definitions.---‑(1) In these rules, unless the context otherwise, requires,
the following expressions shall have the meanings hereby respectively assigned
to them, that is to say:‑‑
(a) "Form"
means a form appended to these rules;
(b) "Ordinance"
means the West Pakistan Maternity Benefit Ordinance, 1958 (XXXII of 1958), and
(c) Section"
means section of the Ordinance.
(2) Expressions used but not defined
in the Ordinance or in these rules have the meanings respectively assigned to
them in the Factories Act, 1934 (XXV of 1934).
3. Master roll.‑----(1) The employer of every factory, other than a seasonal
factory, in which women are employed shall maintain in English or Urdu a muster
roll in Form A and shall enter therein the particulars prescribed in that Form
in respect of women workers employed in the factory from whom notice of
confinement is received under clause (a) or (b) of sub‑section (1) of section
5.
(2) All entries in the muster roll
shall be made in ink.
(3) The muster roll shall be
maintained up‑to‑date and shall always be available for inspection by an
Inspector of Factories during the working hours of the factory.
(4) The employer may enter in the
muster roll such, other particulars as may be required for the purposes of the
Ordinance.
(5) The muster roll shall be preserved for a period of two
years from the date of the last entry therein.
4. Notice of confinement.‑--- The notice under clause (a) or (b) of sub-section (1) of
section 5, if in writing, shall be given in‑Form B or C, as the case may be.
5. Powers of the Director.‑--- (1) The Director of Labour Welfare shall be primarily
responsible for the administration of the Ordinance and every Inspector of
Factories subordinate to him shall be responsible to him for the due discharge
of such functions under the Ordinance or these rules as may be assigned to him
by the Director of Labour Welfare,
(2) An Inspector of Factories shall discharge his functions
within such areas or in respect of such factories or class or classes of
factories as may be specified by the Director of Labour Welfare.
6. Powers of Inspectors.‑--- An inspector of Factories may examine the muster roll
maintained under rule 3 in respect of any factory within his jurisdiction and
may make such enquiries and require the production of such papers or documents
as be may consider necessary for the purpose of ascertaining whether provisions
of the Ordinance and these rules are being properly carried out in the factory;
Provided that he shall not require an employer to answer any
question or to give any evidence tending to criminate himself.
7. Method of payment.‑--- All payments against claims for maternity benefit shall
be made to cash and receipts thereof shall be taken and every such receipt
shall, on demand, be produced before the Inspector of Factories.
8. Appeals.‑--- (1) Appeals to the Director of Labour Welfare against the
decision of the Inspector of Factories under sub‑section (2) of section 7, sub‑section
(2) of section 10 or section 11 shall be presented in the form of a memorandum
setting forth the relevant facts of the case along with a certified copy of the
order appealed against, duly signed by the appellant or on his behalf by a duly
authorized agent or legal practitioner.
(2) Every memorandum of appeal shall
bear a court fee stamp of the value of rupee one.
(3) The Director of Labour welfare
may call for any further information or require the production of any document
which he tray deem necessary for the disposal of an appeal.
9. Returns.‑--- Every employer owning a factory in which women are
employed shall furnish to the Director of Labour Welfare by the[The Words were subs. for fifteenth day of January by Noti.
4‑1 (L‑IV)/62‑III, Gaz. of West Pak. Pt. I. May 28, 1965.] [first day of February] in each year, a return in Form
D for the previous calendar year.
10. Records.‑-- All notices, orders, receipts, certificates and documents
received by the employer in pursuance of the Ordinance and these rules shall be
preserved for a period of two years.
11. Abstract.----- The abstract of the provision of the Ordinance and
these rules shall be in Form E and shall be exhibited both in English and Urdu
at some conspicuous place in the factory.
12. Abstraction.‑-- No person shall wilfully obstruct an Inspector of
Factories in the exercise of any power under the Ordinance or these rules, or
fail to produce on demand by an Inspector of Factories the muster roll or any
notice, order, receipt, certificate or other document in his custody maintained
or kept in pursuance of the Ordinance or these rules.
13. Penalties.‑--- Any person who contravenes any of the provisions of
rules 3, 7, 10 11 or, 12 shall on conviction, be punishable with fine which may
extend to two hundred and fifty rupees.
FORM
E.
(Rule 11)
ABSTRACT
OF THE WEST PAKISTAN MATERN1TY BENEFIT ORDINANCE, 1958 (XXXII of 1958) AND
RULES FRAMED THERE UNDER
1. Every woman employed in a factory
for a period of not less than nine months immediately preceding the date of her
delivery is entitled to receive from her employer maternity benefit at the rate
of her average daily earnings calculated to the nearest paisa is the manner
provided in subsection (2) of section 4 of the Ordinance, or at the rate of
one rupee and fifty paisa a day, whichever is greater, during the period of six
weeks immediately preceding and including the day of her delivery and for the
six weeks immediately following that day.
2. A pregnant woman entitled to
maternity benefit may give notice to her employer that she expects to be
confined within the following six weeks, if such notice is not given before the
birth of a child, it must be given within seven days of its birth. The notice
may be given either orally in person, or in writing. Where a notice is given in
writing, if it is given before birth, it will be in Form B, and if given after
birth, it will be in Form O appended to the West Pakistan Maternity Benefit
Rules, 1961.
3. Maternity benefit is payable to
the worsen entitled to receive it but if she dies and her child survives, the
benefit due is payable to the person who takes care of the child; if both the
woman and the child die, the benefit due is payable to the woman's nominee or
her legal representatives.
4. A woman must not work in a
factory during the period for which she receives maternity benefit. Failure to
adhere to this rule will render her liable to prosecution.
5. An employer may, not dismiss a
woman during the period for which she is entitled to be absent from work, and
if dismissed without sufficient cause within six months before delivery, she
shall still be entitled maternity benefit.
6. All payments against claims for
maternity benefit shall be made in cash and receipts therefore shall be taken.
7. Every employer of a factory in
which women are employed shall maintain in English or Urdu a muster roll in
Form A appended to the West Pakistan Maternity Benefit Rules, 1961. All entries
in the muster roll shall be maintained up‑to‑date and the muster roll shall
always be available for examination by an Inspector of Factories during the
working hours of the factory.
8. Every employer of factory in which
women are employed shall submit to the Director of Labour Welfare, West
Pakistan, by the fifteenth January in each year, a return in Form ‘D’ appended
to the West Pakistan Maternity Benefit Rules, 1961, for the previous calendar
scar.
FORM
B
(Rule 4)
NOTICE
Name and full postal address of
factory ......................................................
I....................... …………………….. (name) employed in Department of the above‑named
factory, bearing serial No……………………………… in the register of workers/wages, hereby
give notice as required under clause (a) of sub‑section (1) of section 5 of the
West Pakistan Maternity Benefit Ordinance, 1958 (West Pakistan Ordinance XXXI1
of 18'8) that I expect to be confined within one month next following from the date
of this notice.
2. For the purposes of section 6 of
the said Ordinance, I hereby nominate ……………….. ……………………. (name and full address
of the nominee to be given) to receive maternity benefit due to me in case of
my death.
Given this day ........................................................................................
Dated …………………….
………..….…………………….
Signature
or thumb impression.
Address
To
The manager,
…………..............................................
(name of factory and full postal address.)
FORM
C
(Rule
4)
NOTICE
Name and full postal address of
factory…………………………..…………………… I …………………………………….. (name) employed in
……………………............ Department of the above‑named factory bearing serial No
...................................... in the Register of workers/wages, hereby
give notice as required under clause (b) of sub‑section (1) of section 5 of the
West Pakistan Maternity Benefit Ordinance, 1958 (West Pakistan Ordinance XXXII
of 1958) that I gave birth to a child on the ……........................ 19 .
2. For the purposes of section 6 of
the said Ordinance, I hereby nominate ……………… (name and full address of the
nominee to be given) to receive maternity benefit due to me in case of my
death.
Given this day:
....................................................................
Dated....................................
….................................................
Signature
or thumb‑impression,
Address.................................................................................................................................
To
The Manager,
........................................................................
(name of factory and full postal address).
FORM
D
(Rule
9)
RETURN
Annual
Return showing payment of maternity benefit during the
year on
the 31st December 79
(To be
submitted to the Director of Labour Welfare, West Pakistan.)
(1) Name
of factory and full postal address ............................................................
(2) Name
of Occupier
...........................................................................................
(3) Name
of Manager
............................................................................................
(4) Average
number of women workers employed daily ………………………….
(5) Number
of claims for maternity benefit under section 5 ………………………..
(6) Number
of claims accepted for payment of maternity benefit, …………………
(7) Number
of cases in which maternity benefits were paid to …………………….
(a)
Claimant women.
(b)
Nominees of women.
(c)
Persons taking care of the child.
(d)
Legal representatives of the claimants.
(8) Total amount of maternity
benefit paid‑
(a) to
claimants.
(b) to
nominees.
(c) to
persons taking care of the child.
(d) to legal
representatives.
(Signature)................................
Dated
........................... Employer................................
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Serial No. in the
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Name of woman worker
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Her husband's name
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Age
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Department in which employed
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Register of workers
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Register of wages
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Average daily wages calculated in
accordance with section 4 (2)
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Dates with month and year in which
employed or not employed
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Total number of days at work
during the 3 months immediately preceding the date on which notice of
confinement is given under section 5 (1) (a)
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1
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2
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3
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4
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5
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6
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7
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8
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9
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Date on which notice of
confinement is given
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Date of confinement
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Date of birth of child
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Date of production of proof of
birth
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Date and amount of first payment
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Dates and amounts of subsequent
payments
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In the event of the death of the
woman worker, name and address of the person to whom maternity benefit is
paid and the dates and amounts of such payments
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Remarks of the Inspector of
Factories
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10
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11
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12
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13
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14
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15
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16
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17
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