Labour Acts

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               THE MATERNITY BENEFIT ACT, 1961
                   ACT NO. 53 OF 1961 1*  
                   [12th December, 1961.]
  
 
 An Act  to regulate  the employment of women in certain establishments
 for certain  periods before  and after  child-birth and to provide for
 maternity benefit and certain other benefits.
 
      BE it  enacted by  Parliament in the Twelfth Year of the Republic
 of India as follows:-- 
  
 1.
  
 Short title, extent and commencement.
  
 
      1. Short  title, extent  and commencement.- (1) This  Act may  be
 called the Maternity Benefit Act, 1961.
 
      (2) It extends to the whole of India 2***.
 
      (3) It  shall come  into force on such date3*  as may be notified
 in this behalf in the Official Gazette,--
 
           4*[(a) in  relation to  mines and to any other establishment
                     wherein persons are employed for the exhibition of
                     equestrian, acrobatic  and other  performances, by
                     the Central Government; and]
 
           (b) in  relation to  other establishments in a State, by the
                State Government.
 
  
 2.
  
 Application of Act.
  
 
     2. Application of Act.- 5*[(1) It applies, in the first instance,--
 
 
           (a)  to   every  establishment  being  a  factory,  mine  or
                plantation including any such  establishment  belonging
                to  Government  and   to  every  establishment  wherein
                persons are employed for the exhibition  of equestrian,
                acrobatic and other performances;
 
           (b) to every shop or establishment within the meaning of any
               law for  the time  being in force in relation  to  shops
               and  establishments in  a State,  in which  ten or  more
               persons are employed, or  were employed,  on  any day of
               the preceding twelve months:]
 
      Provided that  the State Government may, with the approval of the
 Central Government,  after giving  not less than two months' notice of
 its intention  of so  doing, by  notification in the Official Gazette,
 declare that all or any of the provisions of this Act shall apply also
 to any  other establishment  or class  of establishments,  industrial,
 commercial, agricultural or otherwise.
 
      (2) 6*[Save  as otherwise  provided in  7*[sections 5A  and  5B],
 nothing contained  in this  Act] shall  apply to  any factory or other
 establishment  to   which  the  provisions  of  the  Employees'  State
 Insurance Act, 1948 (34 of 1948), apply for the time being.
 ---------------------------------------------------------------------
 1.  This Act has been extended to Pondicherry by Reg. 7 of 1963, s. 3
    and Sch. I and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch.
 2.   The words  "except the State of Jammu and Kashmir" omitted by Act
      51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
 3.   1st November,  1963: vide  Notification No. S. O. 2920, dated 5th
      October, 1963, Gazette of India, Pt. II, Sec. 3(ii), p. 3735.
 4.   Subs. by Act 52 of 1973, s. 2, for cl. (a) (w.e.f. 1-3-1975).
 5.  Subs.  by Act 61 of 1988, s.  2 (w.e.f.  10-1-1989).
 6.   Subs. by  Act 21  of 1972,  s. 2,  for certain words (w.e.f. 1-6-
      1972).
 7.   Subs. by Act 53 of 1976, s. 2, for "section 5A".
 
 388
 
  
 3.
  
 Definitions.
  
 
      3.  Definitions.- In  this  Act,  unless  the  context  otherwise
 requires,--
 
           (a)  "appropriate  Government"  means,  in  relation  to  an
                establishment being  a  mine,  1*[or  an  establishment
                wherein persons  are employed  for  the  exhibition  of
                equestrian,  acrobatic  and  other  performances,]  the
                Central  Government   and  in  relation  to  any  other
                establishment, the State Government;
 
           (b) "child" includes a still-born child;
 
           (c) "delivery" means the birth of a child;
 
           (d) "employer" means--
 
                          (i) in  relation to an establishment which is
                     under the  control of  the Government, a person or
                     authority appointed  by  the  Government  for  the
                     supervision and  control of  employees or where no
                     person or  authority is  so appointed, the head of
                     the department;
 
                          (ii) in  relation to  an establishment  under
                     any local  authority, the person appointed by such
                     authority  for  the  supervision  and  control  of
                     employees or  where no person is so appointed, the
                     chief executive officer of the local authority;
 
                          (iii) in  any other  case, the person who, or
                     the authority which, has the ultimate control over
                     the affairs  of the  establishment and  where  the
                     said affairs  are entrusted  to any  other  person
                     whether  called   a  manager,  managing  director,
                     managing agent, or by any other name, such person;
 
           2*[(e) "establishment" means--
 
                          (i) a factory;
 
                          (ii) a mine;
 
                          (iii) a plantation;
 
                          (iv) an  establishment  wherein  persons  are
                     employed  for   the  exhibition   of   equestrian,
                     acrobatic and other performances; 3*xxx
 
                          4*[(iva) a shop or establishment; or]
 
                          (v) an  establishment to which the provisions
                     of this  Act have  been declared under sub-section
                     (1) of section 2 to be applicable;]
 
           (f) "factory"  means a  factory as  defined in clause (m) of
                section 2 of the Factories Act, 1948 (63 of 1948);
 
           (g) "Inspector"  means an  Inspector appointed under section
                14;
 ---------------------------------------------------------------------
 1.   Ins. by Act 52 of 1973, s. 4 (w.e.f. 1-3-1975).
 2.   Subs. by s. 4, ibid., for cl. (e) (w.e.f. 1-3-1975).
 3.   Omitted by Act 61 of 1988, s. 3 (w.e.f. 10-1-1989).
 4.   Ins. by s. 3, ibid. (w.e.f. 10-1-1989)
 
 388A
 
           (h) "maternity  benefit" means  the payment  referred to  in
                sub-section (1) of section 5;
 
           (i) "mine"  means a mine 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 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 (45 of 1860);
 
           (k) "plantation" means a plantation as defined in clause (f)
                of section  2 of  the Plantations Labour Act, 1951  (69
                of 1951;)
 
 389
 
           (l) "prescribed"  means prescribed  by rules made under this
                Act;
 
           (m) "State  Government", in  relation to  a Union territory,
                means the Administrator thereof;
 
           (n) "wages"  means all  remuneration paid or payable in cash
                to a woman, if the terms of the contract of employment,
                express or implied, were fulfilled and includes--
 
                          (1) such  cash allowances (including dearness
                     allowance and  house rent allowance) as a woman is
                     for the time being entitled to;
 
                          (2) incentive bonus; and
 
                          (3)  the  money  value  of  the  concessional
                     supply of foodgrains and other articles,
 
                but does not include--
 
                          (i) any bonus other than incentive bonus;
 
                          (ii) over-time  earnings and any deduction or
                     payment made on account of fines;
 
                          (iii) any contribution paid or payable by the
                     employer to  any pension fund or provident fund or
                     for the benefit of the woman under any law for the
                     time being in force; and
 
                          (iv) any  gratuity payable on the termination
                     of service;
 
           (o) "woman"  means a  woman employed,  whether  directly  or
                through any agency, for wages in any establishment.
 
  
 4.
  
 Employment of, or work by, women prohibited during certain period.
  
 
      4. Employment  of, or  work by,  women prohibited  during certain
 period.- (1)  No employer  shall  knowingly  employ  a  woman  in  any
 establishment during  the six  weeks immediately  following the day of
 her delivery or her miscarriage.
 
      (2) No woman shall work in any establishment during the six weeks
 immediately following the day of her delivery or her miscarriage.
 
      (3) Without prejudice to the provisions of section 6, no pregnant
 woman shall,  on a  request being  made by  her  in  this  behalf,  be
 required by  her employer  to do  during the  period specified in sub-
 section (4)  any work  which is of an arduous nature or which involves
 long hours  of standing,  or which  in any  way is likely to interfere
 with her  pregnancy or  the normal  development of  the foetus,  or is
 likely to  cause her  miscarriage or otherwise to adversely affect her
 health.
 
 390
 
      (4) The period referred to in sub-section (3) shall be--
 
           (a) the period of one month immediately preceding the period
                of six weeks, before the date of her expected delivery;
 
           (b) any period during the said period of six weeks for which
                the pregnant  woman does  not avail of leave of absence
                under section 6.
 
  
 5.
  
 Right to payment of maternity benefit.
  
 
 
       5. Right to payment of maternity benefit.- 1*[(1) Subject to the
 provisions of this Act, every woman shall  be  entitled  to,  and  her
 employer  shall be liable for, the payment of maternity benefit at the
 rate of the average daily wage for the period of her  actual  absence,
 that  is  to  say,  the  period  immediately  preceding the day of her
 delivery, the actual day of her delivery and  any  period  immediately
 following that day.]
 
 
      Explanation.--For the  purpose of  this sub-section,  the average
 daily wage  means the  average of the woman's wages payable to her for
 the days  on which  she has worked during the period of three calendar
 months immediately  preceding the  date from which she absents herself
 on account  of maternity, 1*[the minimum rate of wage fixed or revised
 under the  Minimum Wages  Act, 1948  or ten  rupees, whichever  is the
 highest.]
 
      (2) No  woman shall  be entitled  to maternity benefit unless she
 has actually  worked in an establishment of the employer from whom she
 claims maternity  benefit, for  a period  of not  less than  1*[eighty
 days] in  the twelve  months immediately  preceding the  date  of  her
 expected delivery:
 
      Provided that  the qualifying period of 1*[eighty days] aforesaid
 shall not  apply to a woman who has immigrated into the State of Assam
 and was pregnant at the time of the immigration.
 
      Explanation.--For the  purpose of  calculating  under  this  sub-
 section the  days  on  which  a  woman  has  actually  worked  in  the
 establishment, 1*[the  days for  which she has been laid off or was on
 holidays declared  under any  law for  the time  being in  force to be
 holidays with  wages] during  the period  of twelve months immediately
 preceding the  date of  her expected  delivery  shall  be  taken  into
 account.
 
      1*[(3) The  maximum period  for which any woman shall be entitled
 to maternity  benefit shall be twelve weeks of which not more than six
 weeks shall precede the date of her expected delivery:]
 
      Provided  that  where  a  woman  dies  during  this  period,  the
 maternity benefit  shall be  payable only  for  the  days  up  to  and
 including the day of her death:
 
      1*[Provided further  that where a woman, having been delivered of
 a child,  dies during  her delivery  or during  the period immediately
 following the  date of  her delivery for which she is entitled for the
 maternity benefit,  leaving behind  in  either  case  the  child,  the
 employer shall  be liable  for the  maternity benefit  for that entire
 period but  if the  child also  dies during the said period, then, for
 the days up to and including the date of the death of the child.]
 ---------------------------------------------------------------------
 1.   Subs. by Act 61 of 1988, s. 4 (w.e.f. 10-1-1989).
 
 391
 
  
 5A.
  
 Continuance of payment of maternity benefit in certain cases.
  
 
      1*[5A. Continuance  of payment  of maternity  benefit in  certain
 cases.- Every woman entitled to the payment of maternity benefit under
 this Act  shall, notwithstanding  the application  of  the  Employees'
 State Insurance  Act, 1948  (34 of  1948),  to  the factory  or  other
 establishment in  which she  is employed,  continue to  be so entitled
 until she  becomes qualified  to claim maternity benefit under section
 50 of that Act.]
 
  
 5B.
  
 Payment of maternity benefit in certain cases.
  
 
      2*[5B. Payment  of maternity benefit  in  certain  cases.-  Every
 woman--
 
           (a) who  is employed  in a factory or other establishment to
                which the  provisions of the Employees' State Insurance
                Act, 1948 (34 of 1948), apply;
 
           (b) whose  wages (excluding  remuneration for overtime work)
                for a  month exceed  the amount specified in sub-clause
                (b) of clause (9) of section 2 of that Act; and
 
           (c) who  fulfils the conditions specified in sub-section (2)
                of section 5,
 
 shall be entitled to the payment of maternity benefit under this Act.]
 
  
 6.
  
 Notice of claim for maternity benefit and payment thereof.
  
 
      6. Notice of claim for maternity benefit and payment thereof.- (1)
 Any woman  employed in  an establishment  and  entitled  to  maternity
 benefit under the provisions of this Act may give notice in writing in
 such form  as may  be prescribed,  to her  employer, stating  that her
 maternity benefit  and any  other amount  to which she may be entitled
 under this  Act may  be paid  to her  or to  such person  as  she  may
 nominate in the notice and that she will not work in any establishment
 during the period for which she receives maternity benefit.
 
      (2) In  the case  of a  woman who  is pregnant, such notice shall
 state the  date from  which she  will be absent from work, not being a
 date earlier than six weeks from the date of her expected delivery.
 
      (3) Any  woman who has not given the notice when she was pregnant
 may give such notice as soon as possible after the delivery.
 
      3*[(4) On  receipt of  the notice, the employer shall permit such
 woman to  absent herself  from the establishment during the period for
 which she receives the maternity benefit.]
 
      (5) The  amount of maternity benefit for the period preceding the
 date of her expected delivery shall be paid in advance by the employer
 to the woman on production of such proof as may be prescribed that the
 woman is  pregnant, and the amount due for the subsequent period shall
 be paid  by the  employer to  the woman  within forty-eight  hours  of
 production of  such proof as may be prescribed that the woman has been
 delivered of a child.
 ---------------------------------------------------------------------
 1.   Ins. by Act 21 of 1972, s. 3 (w.e.f. 1-6-1972).
 2.   Ins. by Act 53 of 1976, s. 3 (w.e.f. 1-5-1976).
 3.   Subs. by Act 61 of 1988, s. 5 (w.e.f. 10-7-1989).
 
 392
 
      (6) The  failure to  give notice  under this  section  shall  not
 disentitle a woman to maternity benefit or any other amount under this
 Act if  she is otherwise entitled to such benefit or amount and in any
 such case  an Inspector  may  either  of  his  own  motion  or  on  an
 application made  to him  by the  woman, order  the  payment  of  such
 benefit or amount within such period as may be specified in the order.
 
  
 7.
  
 Payment of maternity benefit in case of death of a woman.
  
 
      7. Payment of maternity benefit in case of death of a woman.-If a
 woman entitled  to maternity  benefit or  any other  amount under this
 Act, dies  before receiving such maternity benefit or amount, or where
 the employer  is liable for maternity benefit under the second proviso
 to sub-section  (3) of  section 5, the employer shall pay such benefit
 or amount  to the  person nominated  by the  woman in the notice given
 under section  6 and  in case  there is  no such nominee, to her legal
 representative.
 
  
 8.
  
 Payment of medical bonus.
  
 
      8. Payment  of medical  bonus.- Every woman entitled to maternity
 benefit under  this Act  shall also  be entitled  to receive  from her
 employer a  medical bonus  of 1*[two  hundred and fifty rupees], if no
 pre-natal confinement  and post-natal  care is  provided  for  by  the
 employer free of charge.
 
  
 9.
  
 Leave for miscarriage.
  
 
      9. Leave for miscarriage.- In case of miscarriage, a woman shall,
 on production of such proof as may be prescribed, be entitled to leave
 with wages at the rate of maternity benefit, for a period of six weeks
 immediately following the day of her miscarriage.
 
  
 10.
  
 Leave for  illness arising out of pregnancy, delivery, premature birth
of child,or miscarriage.
  
 
      10.  Leave  for  illness  arising  out  of  pregnancy,  delivery,
 premature birth of child,  or miscarriage.-  A  woman  suffering  from
 illness arising  out of  pregnancy, delivery, premature birth of child
 or  miscarriage   shall,  on  production  of  such  proof  as  may  be
 prescribed, be  entitled, in addition to the period of absence allowed
 to her  under section  6, or,  as the case may be, under section 9, to
 leave with wages at the rate of maternity benefit for a maximum period
 of one month.
 
  
 11.
  
 Nursing breaks.
  
 
      11. Nursing breaks.- Every woman delivered of a child who returns
 to duty  after such  delivery shall,  in addition  to the interval for
 rest allowed  to her,  be allowed  in the course of her daily work two
 breaks of  the prescribed  duration for  nursing the  child until  the
 child attains the age of fifteen months.
 
  
 12.
  
 Dismissal during absence of pregnancy,
  
 
      12. Dismissal during absence of pregnancy,.-  (1)  When  a  woman
 absents herself  from work  in accordance  with the provisions of this
 Act, it shall be unlawful for her employer to discharge or dismiss her
 during or on account of such absence or to give notice of discharge or
 dismissal on  such a  day that  the notice  will  expire  during  such
 absence, or  to vary  to her disadvantage any of the conditions of her
 service.
 
      (2) (a)  The discharge or dismissal of a woman at any time during
 her pregnancy,  if the woman but for such discharge or dismissal would
 have been  entitled to  maternity benefit or medical bonus referred to
 in section  8, shall  not have  the effect  of depriving  her  of  the
 maternity benefit or medical bonus:
 
      Provided that  where the  dismissal is  for any  prescribed gross
 misconduct, the  employer may, by order in writing communicated to the
 woman, deprive her of the maternity benefit or medical bonus or both.
 
      2*[(b) Any  woman deprived of maternity benefit or medical bonus,
 or both,  or discharged  or dismissed  during or  on  account  of  her
 absence from  work in accordance with the provisions of this Act, may,
 within sixty  days from the date on which order of such deprivation or
 discharge  or  dismissal  is  communicated  to  her,  appeal  to  such
 authority as  may be prescribed, and the decision of that authority on
 such appeal,  whether the  woman should  or should  not be deprived of
 maternity  benefit  or  medical  bonus,  or  both,  or  discharged  or
 dismissed shall be final.]
 ---------------------------------------------------------------------
 1.   Subs. by Act 61 of 1988, s. 6 (w.e.f. 10-1-1989)
 2.   Subs. by s. 7, ibid. (w.e.f. 10-1-1989).
 
 393
 
      (c) Nothing  contained  in  this  sub-section  shall  affect  the
 provisions contained in sub-section (1).
 
  
 13.
  
 No deduction of wages in certain cases.
  
 
      13. No deduction of wages in certain cases.-No deduction from the
 normal and  usual daily wages of a woman entitled to maternity benefit
 under the provisions of this Act shall be made by reason only of--
 
           (a) the  nature of  work assigned  to her  by virtue  of the
                provisions contained  in sub-section  (3) of section 4;
                or
 
           (b) breaks  for nursing  the child  allowed to her under the
                provisions of section 11.
 
  
 14.
  
 Appointment of Inspectors.
  
 
      14. Appointment of Inspectors.- The appropriate Government may, by
 notification in  the Official  Gazette, appoint  such officers  as  it
 thinks fit  to be  Inspectors for  the purposes  of this  Act and  may
 define the  local limits  of the  jurisdiction within which they shall
 exercise their functions under this Act.
 
  
 15.
  
 Powers and duties of Inspectors.
  
 
      15. Powers and duties of Inspectors.-An Inspector may, subject to
 such restrictions  or conditions as may be prescribed, exercise all or
 any of the following powers, namely:--
 
           (a) enter  at all  reasonable times with such assistants, if
                any, being  persons in the service of the Government or
                any local  or other public authority, as he thinks fit,
                any premises  or place where women are employed or work
                is given  to them in an establishment, for the purposes
                of  examining   any  registers,   records  and  notices
                required to  be kept  or exhibited by or under this Act
                and require their production for inspection;
 
           (b) examine  any person  whom he  finds in  any premises  or
                place and  who, he  has reasonable cause to believe, is
                employed in the establishment:
 
           Provided that  no  person  shall  be  compelled  under  this
                section to  answer any  question or  give any  evidence
                tending to incriminate himself;
 
           (c) require  the employer  to give information regarding the
                names and addresses of women employed, payments made to
                them, and  applications or  notices received  from them
                under this Act; and
 
 394
 
           (d) take  copies of  any registers and records or notices or
                any portions thereof.
 
  
 16.
  
 Inspectors to be public servants.
  
 
      16. Inspectors  to be public servants.- Every Inspector appointed
 under this  Act shall  be deemed  to be  a public  servant within  the
 meaning of section 21 of the Indian Penal Code. (45 of 1860.)
 
  
 17.
  
 Power of Inspector to direct payments to be made.
  
 
      17. Power of Inspector to direct payments to be made.- 1*[(1) Any
 woman claiming that--
 
           (a) maternity  benefit or  any other  amount to which she is
               entitled  under this  Act  and  any person claiming that
              payment due under section 7 has been improperly withheld;
 
           (b) her  employer has  discharged or dismissed her during or
               on account of her absence from work in  accordance  with
               the provisions of this Act,
 
 may make a complaint to the Inspector.
 
      (2) The  Inspector may,  of his  own motion  or on  receipt of  a
 complaint referred  to in sub-section (1), make an inquiry or cause an
 inquiry to be made and if satisfied that--
 
           (a) payment  has been  wrongfully withheld,  may direct  the
               payment to be made in accordance with his orders;
 
           (b) she  has been  discharged  or  dismissed  during  or  on
               account of her absence  from  work  in  accordance  with
               the  provisions of  this Act,  may pass  such orders  as
               are  just  and  proper according to the circumstances of
               the case.]
 
      (3) Any  person aggrieved  by the decision of the Inspector under
 sub-section (2)  may, within  thirty days  from the date on which such
 decision is  communicated to  such person,  appeal to  the  prescribed
 authority.
 
      (4) The  decision of the prescribed 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 be final.
 
      1*[(5) Any amount payable under this section shall be recoverable
 by the  Collector on  a certificate  issued for  that  amount  by  the
 Inspector as an arrear of land revenue.]
 
  
 18.
  
 Forfeiture of maternity benefit.
  
 
      18. Forfeiture of maternity  benefit.- If  a woman  works in  any
 establishment after  she has  been permitted by her employer to absent
 herself under  the provisions  of section 6 for any period during such
 authorised absence,  she shall  forfeit her  claim  to  the  maternity
 benefit for such period.
 
  
 19.
  
 Abstract of Act and rules thereunder to be exhibited.
  
 
      19. Abstract  of Act  and rules thereunder to  be exhibited.-  An
 abstract of  the provisions  of this Act and the rules made thereunder
 in the  language or  languages of the locality shall be exhibited in a
 conspicuous place  by the  employer in every part of the establishment
 in which women are employed.
 
  
 20.
  
 Registers, etc.
  
 
      20. Registers,  etc. Every  employer shall  prepare and  maintain
 such registers,  records and muster-rolls and in such manner as may be
 prescribed.
 
  
 21.
  
 Penalty for contravention of Act by employer.
  
 
      2*[21.  Penalty for contravention of Act by employer.- (1) If any
 employer  fails  to  pay  any  amount  of maternity benefit to a woman
 entitled under this Act or discharges or dismisses such  woman  during
 or  on  account  of  her  absence  from  work  in  accordance with the
 provisions of this Act, he shall be punishable with imprisonment which
 shall not be less than three months but which may extend to  one  year
 and  with  fine  which  shall not be less than two thousand rupees but
 which may extend to five thousand rupees:
 
 
      Provided that  the  court  may,  for  sufficient  reasons  to  be
 recorded in  writing, impose  a sentence  of imprisonment for a lesser
 term or fine only in lieu of imprisonment.
 
      (2) If any employer contravenes the provisions of this Act or the
 rules made  thereunder, he  shall, if  no other  penalty is  elsewhere
 provided by  or under  this Act  for such contravention, be punishable
 with imprisonment which may extend to one year, or with fine which may
 extend to five thousand rupees, or with both:
 
      Provided  that  where  the  contravention  is  of  any  provision
 regarding maternity  benefit or  regarding payment of any other amount
 and such  maternity benefit  or amount has not already been recovered,
 the court shall, in addition, recover such maternity benefit or amount
 as if it were a fine and pay the same to the person entitled thereto.]
 ---------------------------------------------------------------------
 1.   Subs. by Act 61 of 1988, s. 8 (w.e.f. 10-1-1989).
 2.   Subs. by s. 9, ibid. (w.e.f. 10-1-1989).
 
 395
 
  
 22.
  
 Penalty for obstructing Inspector.
  
 
      22. Penalty  for obstructing Inspector.- Whoever fails to produce
 on demand  by the  Inspector any  register or  document in his custody
 kept in pursuance of this Act or the rules made thereunder or conceals
 or prevents  any person  from appearing before or being examined by an
 Inspector shall be punishable with imprisonment 1*[which may extend to
 one year,  or with  fine which may extend to five thousand rupees], or
 with both.
 
  
 23.
  
 Cognizance of offences.
  
 
      2*[23. Cognizance  of  offences.-  (1) Any  aggrieved  woman,  an
 office-bearer  of a trade union registered under the Trade Unions Act,
 1926 (16 of 1926) of which such woman  is  a  member  or  a  voluntary
 organisation registered under the Societies Registration Act, 1860 (21
 of  1860)  or  an  Inspector,  may  file  a  complaint  regarding  the
 commission of an offence under this Act  in  any  court  of  competent
 jurisdiction  and no such complaint shall be filed after the expiry of
 one year from the date on which the offence is alleged  to  have  been
 committed.
 
      (2) No  court inferior  to that of a Metropolitan Magistrate or a
 Magistrate of the first class shall try any offence under this Act.]
 
  
 24.
  
 Protection of action taken in good faith.
  
 
      24.  Protection   of  action   taken in  good  faith.-  No  suit,
 prosecution or other legal proceeding shall lie against any person for
 anything which  is in  good faith  done or  intended  to  be  done  in
 pursuance of this Act or of any rule or order made thereunder.
 
  
 25.
  
 Power of Central Government to give directions.
  
 
      25. Power  of Central Government to give directions.- The Central
 Government may  give such  directions as  it may  deem necessary  to a
 State  Government   regarding  the  carrying  into  execution  of  the
 provisions of this Act and the State Government shall comply with such
 directions.
 
  
 26.
  
 Power to exempt establishments.
  
 
      26. Power to exempt establishments.-If the appropriate Government
 is satisfied  that having  regard to  an establishment  or a  class of
 establishments providing  for the grant of benefits which are not less
 favourable than  those provided in this Act, 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 be specified in the
 notification, the establishment or
 ---------------------------------------------------------------------
 1.   Subs. by Act 61 of 1988, s. 10 (w.e.f. 10-1-1989).
 2.   Subs. by s. 11, ibid. (w.e.f. 10-1-1989).
 
 396
 class of  establishments from  the operation  of all  or  any  of  the
 provisions of this Act or of any rule made thereunder.
 
  
 27.
  
 Effect of laws and agreements inconsistent with this Act.
  
 
      27. Effect of laws and agreements inconsistent with this Act.- (1)
 The provisions  of this Act shall have effect notwithstanding anything
 inconsistent therewith  contained in  any other law or in the terms of
 any award,  agreement or  contract of  service, whether made before or
 after the coming into force of this Act:
 
      Provided that  where under any such award, agreement, contract of
 service or  otherwise, a  woman is  entitled to benefits in respect of
 any matter  which are  more favourable  to her than those to which she
 would be  entitled under  this Act,  the woman  shall continue  to  be
 entitled to  the more  favourable benefits  in respect of that matter,
 notwithstanding that she is entitled to receive benefits in respect of
 other matters under this Act.
 
      (2) Nothing  contained in this Act shall be construed to preclude
 a woman from entering into an agreement with her employer for granting
 her rights  or privileges  in respect  of any  matter which  are  more
 favourable to her than those to which she would be entitled under this
 Act.
 
  
 28.
  
 Power to make rules.
  
 
      28. Power  to make  rules.- (1) The appropriate  Government  may,
 subject to  the condition  of previous publication and by notification
 in the  Official Gazette,  make rules for carrying out the purposes of
 this Act.
 
      (2) In particular, and without prejudice to the generality of the
 foregoing power, such rules may provide for--
 
           (a) the  preparation and  maintenance of  registers, records
                and muster-rolls;
 
           (b) the  exercise of  powers (including  the  inspection  of
                establishments)  and   the  performance  of  duties  by
                Inspectors for the purposes of this Act;
 
           (c) the  method of  payment of  maternity benefit  and other
                benefits under  this Act in so far as provision has not
                been made therefor in this Act;
 
           (d) the form of notices under section 6;
 
           (e) the  nature of  proof required  under the  provisions of
                this Act;
 
           (f) the  duration of  nursing breaks  referred to in section
                11;
 
           (g) acts  which may constitute gross misconduct for purposes
                of section 12;
 
           (h) the  authority to  which an  appeal under  clause (b) of
                sub-section (2)  of section  12 shall lie; the form and
                manner
 
 397
 
                in which  such appeal  may be made and the procedure to
                be followed in disposal thereof;
 
           (i) the  authority to  which an appeal shall lie against the
                decision of  the Inspector  under section  17; the form
                and manner  in which  such appeal  may be  made and the
                procedure to be followed in disposal thereof;
 
           (j) the  form and  manner in which complaints may be made to
                Inspectors under  sub-section (1) of section 17 and the
                procedure to  be followed by them when making inquiries
                or causing  inquiries to  be made under sub-section (2)
                of that section;
 
           (k) any other matter which is to be, or may be, prescribed.
 
      (3) Every  rule made by the Central Government under this section
 shall be laid as soon as may be after it is made, before each House of
 Parliament while  it is  in session  for a total period of thirty days
 which may  be comprised in one session 1*[or in two or more successive
 sessions, and  if,  before  the  expiry  of  the  session  immediately
 following the  session or  the successive  sessions  aforesaid,]  both
 Houses agree  in making  any modification  in the  rule or both Houses
 agree that the rule should not be made, the rule shall thereafter have
 effect only  in such modified form or be of no effect, as the case may
 be; so  however that  any such  modification  or  annulment  shall  be
 without prejudice  to the  validity of  anything previously done under
 that rule.
 
  
 29.
  
 Amendment of Act 69 of 1951.
  
 
      29. Amendment of Act 69 of 1951.-In section 32 of the Plantations
 Labour Act, 1951,--
 
           (a) in sub-section (1), the letter and brackets "(a)" before
                the words  "in the  case of  sickness", the  word "and"
                after the  words "sickness  allowance" and  clause  (b)
                shall be omitted;
 
           (b) in  sub-section (2),  the words  "or maternity" shall be
                omitted.
 
  
 30.
  
 Repeal.
  
 
      30. Repeal.- On the application of this Act--
 
           (i) to  mines, the Mines Maternity Benefit Act, 1941  (19 of
                1941); and
 
           (ii) to  factories situate  in the Union territory of Delhi,
                the Bombay  Maternity Benefit  Act, 1929  (Bom. Act VII
                of 1929);  as in  force in  that territory, shall stand
                repealed.
 ---------------------------------------------------------------------
 1.   Subs. by  Act 52  of 1973,  s. 5,  for certain words (w.e.f. 1-3-
      1975).