Maternity Benefit Rules, 1961 - Payment of maternity and other benefit

5. Payment of maternity and other benefit.-(1) A woman employed in ¹[a mine or circus] and entitled to maternity benefit shall give notice to her employer in Form 'E'and the employer shall make payment of the maternity benefit and any other amount due under the Act to the woman concerned, or, in case of her death 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, to the person nominated by the woman in her notice in Form'E' and in case there is no such nominee to her legal representative.

(2) In case of doubt, the maternity benefit or other amount due to a woman employed in ¹[a mine or circus] shall be deposited by the employer, within two months of the date of death of the woman concerned with the Competent Authority, who shall, after making necessary enquiries, pay it to the person who, in his opinion, is entitled to receive it.

(3) Whenever the payment referred to in sub-rule (1) is made, a receipt shall be obtained by the employer in Form 'F' from the person to whom the payment is made. In cases falling under sub-rule (2), a receipt shall be given to the employer by the Competent Authority.

(4) The medical bonus shall be paid along with the second instalment of the maternity benefit.

(5) The maternity benefit or any other amount payable under section 7 shall be paid within two months of the date of death of the woman entitled to receive such benefit or amount.

(6) The wages payable under section 9 shall be paid to the woman entitled to receive such wages within forty-eight hours of production by her of the certificate in Form 'B' or Form 'D'.

²[(6)(a) The wages payable under section 9A of the Act shall be paid to the woman entitled to receive such wages within forty-eight hours of production by her of the certificate in Form B.]

(7) The wages payable under section 10 shall be paid to the woman entitled to receive such wages within forty-eight hours of the expiry of the period of leave referred to in that section.

6. Break for nursing child.-Each of the two breaks mentioned in section 11 shall be of 15 minutes' duration. An extra sufficient period, depending upon the distance to be covered, shall be allowed for the purpose of journey to and from the crèche or the place where the children are left by women while on duty, provided that such extra period shall not be of less than 5 minutes and more than 15 minutes' duration. If any dispute arises regarding such extra period, the matter shall be referred to the Competent Authority for decision.

7. Duties and powers of the Competent Authority and Inspectors.-(1) The Competent Authority shall be responsible for the administration of these rules throughout the territories to which they extend.

(2) Every Inspector shall discharge his duties within the area assigned to him by the Central Government and shall act under the supervision and control of the Competent Authority.

(3) Every Inspector shall at each inspection of ¹[a mine or circus] see.-
(a) whether due action has been taken on every notice given under section 6;

(b) whether the Muster-roll prescribed under rule 3 is correctly maintained;

(c) whether there have been any cases of discharge or dismissal or notices of discharge or dismissal in contravention of the provisions of section 12 since the last inspection;

(d) whether the provisions of sub-section (1) of section 4, sub-sections (5) and (6) of section 6, sections 8,9, ²[9A], 10,11,13 and 19 have been complied with and whether amounts due have been paid within the prescribed time;

(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

(f) how far the irregularities pointed out at previous inspections have been remedied and how far orders previously issued have been complied with.

(4) Where an Inspector observes irregularities against the Act or these Rules, he shall issue orders in writing to the employer asking the latter to rectify the irregularities within a specified period and to report compliance to the Inspector.

8. Acts which constitute gross misconduct.- The following acts shall constitute gross misconduct for purpose of section 12, namely:-
(a) wilful destruction of employer's goods or property;

(b) assaulting any superior or co-employee at the place of work;

(c) criminal offence involving moral turpitude resulting in conviction in a court of law.

(d) theft, fraud, or dishonesty in connection with the employer's business or property; and

(e) wilful non-observance of safety measure or rules on the subject or wilful interference with safety devices or with fire fighting equipment.