Updated: Thursday April 10, 2014/AlKhamis
Jamada El Thaniah 10, 1435/Bruhaspathivara
Chaitra 20, 1936, at 03:02:32 PM
The
[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 willfully 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
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 sub*section (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 womans 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 188) 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,
(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 |
|
|
|
|
|
Name
of woman worker |
Her
husbands name |
Age |
Department
in which employed |
Register
of workers |
Register
of wages |
Average
daily wages calculated in accordance with section 4 (2) |
Dates
with month and year in which employed or not employed |
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) |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
|
|
|
|
|
|
|
|
Date
on which notice of confinement is given |
Date
of confinement |
Date
of birth of child |
Date
of production of proof of birth |
Date
and amount of first payment |
Dates
and amounts of subsequent payments |
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 |
Remarks
of the Inspector of Factories |
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
West Pakistan Maternity Benefit Ordinance,
1958
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