Bihar Maternity Benefit Rules, 1964

{
    "id": 15383,
    "slug": "bihar-maternity-benefit-rules-1964",
    "title": "Bihar Maternity Benefit Rules, 1964",
    "short_title": "Bihar Maternity Benefit Rules, 1964",
    "act_number": "Published vide Notification No. 2/M1-101/64-L&E-10",
    "act_year": 1964,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Maternity Benefit Rules, 1964",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definition.",
            "chapter": null,
            "content": "(a) the \"Act\" means the Maternity Benefit Act, 1961 (53 of 1961);\n(b) \"Competent Authority\" means in relation to establishments other than mines, the Chief Inspector appointed under sub-section (2) of Section 8 of the Factories Act, 1948 (63 of 1948) and includes a Deputy Chief Inspector of Factories;\n(c) \"Establishment\" wherever used in these Rules will refer to an establishment other than a mine to which the Act applies or has been applied;\n(d) \"Form\" means a Form appended to these Rules;\n(e) \"Muster Roll\" means a muster roll maintained under Rule 3;\n(f) \"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 medicines;\n(g) \"Section\" means a section of the Act;\n(h) All other words and expressions used hereinafter and not defined in these rules but defined in the Act shall have same meaning as respectively assigned to them in the Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Muster Roll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Proof.",
            "chapter": null,
            "content": "(a) from a Gazetted Officer of the State or Central Government; or\n(b) from an officer of the establishment in which the woman was employed holding a supervisory or managerial rank; or\n(c) from a member of Parliament, State Legislature, the Local Municipality, or Notified Area Committee, or any other Local Authority; or\n(d) from a Registered Medical Practitioner, vaid, Hakim, or Kaviraj.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Payment of maternity and other benefit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Break for nursing child.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Duties and powers of the Competent Authority and Inspector.",
            "chapter": null,
            "content": "(a) whether due action has been taken on every notice given under Section 6;\n(b) whether the Muster Roll prescribed under Rule 3 is correctly maintained;\n(c) whether there have been any cases discharge or dismissal or notices of discharge or dismissal in contravention of the provisions of Section 12 since the last inspection;\n(d) whether the provisions of sub-section (1) of Section 4, sub-sections (5) and (6) of Section 6, Sections 8, 9, 10, 11, 13 and 19 have been complied with and whether amounts due have been paid within the prescribed time;\n(e) whether there have been any cases of deprival of maternity benefit or medical bonus in contravention of sub-section (2) of Section 12; and\n(f) how far irregularities pointed out a previous inspection have been remedied and how far orders previously issued have been complied with.\n(a) carry out such inspection, investigation and enquiry and require the production of such papers, records, registers or documents as he may consider necessary to ascertain that the provisions of the Act and these rules are being complied with and are not or have not been contravened;\n(b) ask an employer in writing to furnish such information within a specified time, as may be relevant to the enforcement of the Act and these Rules and as may be required in connection with any complaint made to him or with any contravention reported to him or brought to his notice;\n(c) ask an employer in writing to furnish such figures and statistics within a specified time, as may be required for the compilation of any statistics or data relating to the employment of woman of enforcement of the Act and these rules;\n(d) issue an inspection note to the employer mentioning therein the defects, irregularities or violations observed by him, or issue an order directing the employer or rectify or remove within a specified time any defect, irregularity or contravention observed by him, and to report compliance to him, whether any prosecution in respect thereof is instituted or not; and\n(e) institute and conduct any prosecution in any Court of Law against any employer for any contravention of any of the provisions of the Act and these Rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Acts which constitute gross misconduct.",
            "chapter": null,
            "content": "(a) wilful destruction of employer's goods or property;\n(b) assaulting superior or co-employee at the place of work;\n(c) criminal offence involving moral turpitude resulting in conviction in a court of law;\n(d) theft, fraud, or dishonesty in connection with employer's business or property; and\n(e) wilful non-observance of safety measures or Rules on the subject or wilful interference with safety devices or with fire fighting equipment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "12",
            "title": "9. Appeal under Section 12.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "17",
            "title": "10. Complaint under Section 17.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "17",
            "title": "11. Appeal under Section 17.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Supply of forms.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Non submission of notices, appeal or complaints in the prescribed forms.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Records.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Abstract.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Annual Returns.",
            "chapter": null,
            "content": "Form A\nForm A\n(See Rule 3)\nMuster Roll\nMuster Roll\nName of Establishment................\nMonth\nNo. of days employed\nNo. of days laid off\nNo. of days not employed\nRemarks\n1\n2\n3\n4\n5\nForm B\nForm B\n[See Rule 4 (1)]\nSignature, qualifications and designation of Medical Officer/Medical Practitioner.\n1. \"Child\" includes a still-born child.\n2. \"Miscarriage\" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.\nForm C\nForm C\n[See Rule 4 (4)]\nSignature, qualifications and designation of Medical Officer/Medical Practitioner.\nForm D\nForm D\n[See Rule 4 (5)]\nSignature of registered midwife.\n1. \"Child\" includes a still-born child.\n2. \"Miscarriage\" means expulsion of the contents of a pregnant uterus at any period perior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.\nForm E\nForm E\nNotice Under Section 6 of the Maternity Benefit Act, 1961\nNotice Under Section 6 of the Maternity Benefit Act, 1961\n[See Rule 5 (1)]\nSignature of an Attestor in case the woman is not able to\n sign and affixes thumb impression\nSignature of thumb impression of woman.\nDate.................\nForm F\nForm F\nForm of Receipt of Maternity\nForm of Receipt of Maternity\n[See Rule 5(3)]\nRs.\nbeing the first instalment of maternity benefit paid\n on........\nRs.\nbeing the second instalment of maternity benefit after\n delivery paid on.........\nRs.\nbeing the medical bonus under Section 8 of the Act paid on...\nRs.\nbeing the wages for the leave period from..........\n to.......... mentioned under Section 9 or 10.\nDate....................\nSignature of an attestor in case the woman is not able to\n sign and affixes thumb impression\nSignature or thumb impression of *woman employee or her nominee or legal representative.\n*Strike out unnecessary portion.\nForm G\nForm G\n(See Rule 9)\nDate....................\nSignature of an attestor in case the woman is not able to\n sign and affixes thumb impression\nSignature or thumb impression of the woman.\nForm H\nForm H\n(See Rule 10)\nDate....................\nSignature of an attestor in case the woman is unable to\n sign and affixes thumb impression\nSignature or thumb impression of the woman.\nForm I\nForm I\n(See Rule 10)\nDate....................\nSignature of an attestor in case the nominee/legal representatives is unable to\n sign and affixes thumb impression\nSignature or thumb impression of the nominee/legal representative.\nFull address of the nominee/legal representative.\n* Strike out unnecessary portion.\nForm J\nForm J\n(See Rule 11)\nSignature of aggrieved person.\nFull address......................\nForm K\nForm K\n(See Rule 15)\n(Abstract of the Maternity Benefit Act, 1961, and the Rules made thereunder.)\n(i) Wilful destruction of employer's goods or property;\n(ii) assaulting any superior or co-employer at the place of work;\n(iii) criminal offence involving moral turpitude resulting in conviction in a court of law;\n(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and\n(v) wilful non-observance of safety measures or rules on the subject or wilful interference with safety devices or with fire-fighting equipment.\n(b) Any woman deprived of maternity benefit or medical bonus or both, may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal in Form 'G' to Competent Authority i.e., the Chief Inspector of Factories and the decision on such appeal whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final.\n(b) The failure to submit a notice, appeal or complaint in the prescribed form will not affect the right of woman entitled to receive maternity benefit or any other amount due under the Act. Where a notice, appeal or complaint has been received in a form other than the prescribed form, the authority concerned shall within fifteen days of the receipt of such notice appeal or complaint, require the woman to submit the notice, appeal or complaint, as the case may be in the prescribed form.\n(2) All entries in the muster roll shall be made in ink and maintained up to date and it shall always be available for inspection by the Inspector during working hours.\n(b) The employer of every establishment shall on or before the 21st day of January, in each year submit to the Chief Inspector of Factories, a return in each of the Forms 'L', 'M, 'N' and 'O' giving information as to the particulars specified in respect of the preceding year.\nForm L\nForm L\n(See Rule 16)\nAnnual return under the Maternity Benefit Act, 1961 for the year ending on the 31st December, 19........\nGeneral Instructions\n(b) Qualification of Medical Officer attached to the establishment.\n(c) Is he resident at the establishment.\n(b) If so, how many beds are provided for woman employees?\n(c) Is there a lady doctor?\n(d) If so, what are her qualifications?\n(e) Is there a qualified midwife?\n(f) Has any creche been provided?\nSignature of Employer.\nForm M\nForm M\n(See Rule 16)\nAnnual return under the Maternity Benefit Act, 1961 for the year ending on the 31st December, 19-\nN. B.\n(a) before delivery.\n(b) after delivery.\nSignature of employer.\nForm N\nForm N\n(See Rule 16)\nAnnual return under the Maternity Benefit Act, 1961 for the year ending on the 31st December, 19.....................\nSignature of employer\nForm O\nForm O\n(See Rule 16)\nAnnual return under the Maternity Benefit Act, 1961 for the year ending on the 31st December, 19 ...................\nProsecutions under the Maternity Benefit Act, 1961 during the year ending on the 31st December, 19............\nNumber of cases instituted\nSections of the Act or of the Rule for the\n contravention of which the cases were instituted and other\n details of the prosecution.\nNo. of cases which resulted in conviction\nRemarks\n1\n2\n3\n4\nSignature of employer.\nN.B.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        }
    ],
    "metadata": {
        "Act ID": "bh437",
        "Act Number": "Published vide Notification No. 2/M1-101/64-L&E-10642 dated 21st November, 1964, Bihar Gazette Part 2, dated 27.1.1965",
        "Enactment Date": "",
        "Act Year": "1964",
        "Short Title": "Bihar Maternity Benefit Rules, 1964",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}