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THE TAMIL NADU MATERNITY BENEFIT RULES, 1967

[GO.Ms.No.2610, Industries, Labour and Housing ( Labour),

16th August, 1967.]

1
S.R.O.No.A-691 of 1967. – In exercise of the powers conferred by section 28 of the
Maternity Benefit Act, 1961 ( Central Act 53 of 1961), the Governor of Madras hereby
makes the following rules, the same having been previously published as required by sub-
section (1) of the said section :--

RULES
1. Short title and commencement – (1) These rules may be called the 2[Tamil Nadu]
Maternity Benefit Rules, 1967.
(2) They extend to the whole of the State of Tamil Nadu.
(3) They shall come into force on the 1st September 1967.
2. Definitions. – In these rules, unless the context otherwise requires,

(a)“Act” means the Maternity Benefit Act, 1961 ( Central Act 53 of 1961) ;
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[(b) “ Appellate Authority “ means: ---
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(i) in respect of factories, the Director of Industrial Safety and Health;

(ii) in respect of plantation, the Chief Inspector of Plantations; 4[***]

(iii) in respect of establishments as defined in clause (6) of section 2 of Tamil

Nadu shops and Establishment Act, 1947 ( Tamil Nadu Act XXXVI of 1947 ) and catering
establishments as defined in clause (1) of section 2 of the Tamil Nadu Catering
Establishments Act, 1958 ( Tamil Nadu Act XIII of 1958), The Assistant Commissioner of
Labour in the office of the Deputy commissioner of Labour in their respective jurisdiction;]
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[and]
5
[(iv) in respect of beedi establishments the Chief Inspector appointed under
sub-section (2) of section 6 of the Beedi and Cigar Workers ( Conditions of Employment)
Act, 1966 ( Central Act 32 of 1966] ;

_______________________________________________________________________
1
Vide part V of the Fort St.Geoge Gazette, dated the 23rd August 1967, at p.650.
2
Subs.by S.R.O. No.A -517 of 1971, dated the 20th May, 1971.
3
Subs. by G.O. Ms. No.2603, Labour and Employment, dated the 19th November, 1981.
4
Omitted by G.O. Ms. No, 210, Labour and Employment, dated the 7th October, 1992.
5
Added ibid.
6
G.O.(2D) No.76, Labour and Employment, dated the 1st August, 2018.
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(c) “Form” means a form appended to these rules;

(d) “Muster Roll” means a muster roll maintained under rule 3;
(e) “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 medicine;
(f) “Section” means a section of the Act.
3. Muster Roll.---(1) The employer of every establishment in which women are
employed shall prepare and maintain a muster roll in Form ‘A’ and shall enter therein
particulars of all women workers from whom notices of confinement have been received.

(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.

(3) The employer may enter in the muster roll such other particulars as may be required
for any other purpose of the Act.

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[(4) The employer of every Information Technology Software Establishment and
Information Technology Software enabled services shall furnish at the end of each half
year, a certificate of maintenance of registers, records and notices which are required to be
maintained or executed under the provisions of these rules to the Inspector of Labour in
Form ‘L’ (in duplicate). The certificate for the half-year ending 30th June should be
furnished before 31st July of the year and the certificate for the half year ending 31st
December should be furnished before 31st January of the succeeding year.]

4. Proof.----(1) The fact that a woman is pregnant or has been delivered of a child or
has undergone miscarriage or is suffering from illness arising out of pregnancy, delivery,
premature birth of a child or miscarriage shall be proved by the production of a certificate
in form ‘B’.

(i) in the case of a plantation, from a Certifying Surgeon notified under section 7
of the Plantations Labour Act, 1951, or a Resident Medical Officer approved by the
employer or other doctor serving the estates under the medical scheme approved under the
Plantations Labour Act or any other Registered Medical Practitioner; and

(ii) in the case of an establishment, other than a plantation, from a Registered

Medical Practitioner:
_________________________________________________________________________
1
Subs. by G.O. Ms. 38, Labour and Employment (C) dated the 24th March, 2006 (deemed to
have come into force with effect from 19th April, 2006.
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Provided that the fact that a woman has been delivered of a child may also be proved by
the production of a certified extract from a birth register under the provisions of any law for
the time being in force.

(2) The fact of death of a woman or a child may be proved by the production of a
certified extract maintained under the provisions of any law for the time being in force or
the production of a certificate to that effect in Form ‘C’.

5. Payment of maternity and other benefits.----(1) A woman employed in an

establishment and entitled to maternity benefit shall give notice to her employer in Form
‘D’ 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 ‘D’.

(2) If the woman dies before receiving the maternity or other amount due without
making a nominee, the employer shall within one month of the date of the death of the
woman concerned, report to appellate authority to ascertain the legal representative to
whom the maternity benefit or amount due shall have to be paid. On receipt of this
intimation from the employer, the appellate authority shall, after making necessary
enquiries, determine the legal representative to whom the maternity benefit or amount due
shall have to be paid and inform the employer. On being informed by the appellate
authority as to the person who as legal representative is entitled to receive the maternity
benefit or amount due, the employer shall pay to such a person maternity benefit or amount
due within four weeks from the date of receipt of the communication from the appellate
authority.

(3) Whenever the payment referred to in sub-rule (1) is made, a receipt shall be
obtained by the employer in Form ‘E’ from the person to whom the payment is made.

(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 proof under rule 4.
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(7) The wages payable under section 10 shall be paid to the woman entitiled to
receive such wages within forty-eight hours of the production by her of proof under rule 4.

6. Break for nursing child.---- Each of the two breaks allowed 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 appellate authority for
decision.

7. Duties and powers of the Inspectors.----- (1) Every Inspector shall at each inspection
of an establishment verify,----
(a) whether due action has been on every notice given under section 6;
(b) whether the Muster Roll prescribed under rule 3 is properly maintained;
(c) whether there have been any cases of discharge or dismissal or notice of
discharge or dismissal in contravention of the provisions of section 12 since
the date of last inspection;
(d) whether the provisions of sub-section (1) of section 4, sub-sections (5) and
(6) of section, sections 8,9,10,11,13 and 19 have been complied with and
whether the 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.

(2) Where in Inspector observes irregularities in contravention of the provisions of the

Act of these Rules, he shall by an order in writing require the employer to rectify the
irregularities within a period not exceeding 30 days and to report compliance to the
Inspector.

8. Acts which constitute gross misconduct.-----The following acts shall constitute

gross misconduct for purpose of the proviso to clause (a) of sub-section (2) of section 12,
namely :---
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(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 measures or rules on the subject or willful
interference with safety devices or with fire-fighting equipment.
9. Appeal under section 12.------(1) Every appeal under clause (b) of sub-section
(2) of section 12 shall be made to the appellate authority in Form ‘F’.

(2) On an appeal being filed, the appellate authority shall furnish a copy of the
appeal petition to the employer, requiring the employer to furnish a reply. After giving the
appellant and the employer an opportunity of being heard and also of filing any documents
connected with the appeal, the appellate authority shall give his decision in writing. Where
the employer fails to reply or to produce the required documents within the specified
period, the appellate authority may declare the employer ‘ex-parte’ and give his decision.

10. Complaint under section 17. ---- (1) A complaint under sub-section (1) of
section 17 shall be made in form ‘G’ or Form ‘H’ as the case may be.

(2) When a complaint under section 17 is received by the Inspector, he shall in the
inquiry under sub-section (2) of the section aforesaid examine the relevant records
maintained by the employer in this behalf, examine any person employed in the
establishment and take down necessary statement and if he is satisfied that the maternity
benefit or other amount has been wrongfully withheld, he shall direct the employer to make
the payment to the woman or to the person claiming the payment under section 7, as the
case may be, immediately or within a specified period.

11. Appeal Under Section 17.---- (1) An appeal against the decision of the
Inspector under sub-section (2) of section 17, shall be made to the appellate authority in
Form ‘I’ together with a copy of the order appealed against.

(2) On receipt of the appeal petition, the appellate authority shall call for from the
Inspector, the records relating to the case and after giving the appellant an opportunity of
being heard and also seeking such other clarifications as may be required from the
Inspector, shall give his decision.
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12. Supply of forms.----- The employer shall at request supply, free of cost, to every
woman employed by him or to the person nominated by her under section 6 or to her legal
representative copies of Forms ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’ and ‘I’.

13. Non-submission of notices, appeals or complaints in the prescribed forms.-----

Nothing in rules 5,9 and 10 shall affect the right of a woman entitled to receive maternity
benefit or any other amount due under the Act if she fails to submit a notice, appeal or
complaint under the said rules, as the case may be, in a prescribed form:

Provided that where a notice, appeal or complaint under the said rules has been
submitted by a woman entitled to receive maternity benefit or any other amount due under
the Act in a form other than the prescribed form, the authority concerned may, within 15
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.

14. Records.---- Records kept under the provisions of the Act and these Rules shall
be preserved for a period of two years from the date of last entry made therein.

15. Abstract. ---- The abstract of the provisions of the Act and these rules required
to be exhibited under section 19 shall be in Form ‘J’ in the language understood by the
majority or workers and shall be exhibited in a conspicuous place by the employer in every
part of the establishment in which women are employed.

16. Annual returns.---- (1) The employer of every establishment shall on or before
st
31 day of January in every year submit to the Inspector returns in form ‘K’ giving
information as to the particulars specified in respect of the preceding year.
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[Provided that no annual return in form ‘K’ need be sent by an employer, if a
combined annual Return in Form No.22 as required in clause (2) of rule 100 of the Tamil
Nadu Factories Rules, 1950 is furnished.]

(2) If the employer of an establishment to which the Act applies sells, abandons or
discontinues the working of the establishment he shall, within one month of the date of sale
or abandonment or four months of the date of discontinuance, as the case may be, submit to
the Inspector a further return in each of the said forms in respect of the period between the
end of the preceding year and the date of sale, abandonment or discontinuance.
____________________________________________________________________________
1
Added by G.O. (2D) No. 70, Labour and Employment (C) dated the 8th November, 2004
(deemed to have come into force with effect from 15th December, 2004.
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FORM A
(See Sub-rule (1) of rule 3)
Muster Roll
Name of establishment Address

(1) Name of woman and age

(2) Name of husband or father
(3) Nature of work.
(4) Date on which employed.
(5) Dates with month and year in
which she is employed, laid off or
not employed

Month No.of days No.of days No. of days not

employed laid off employed

(6) Date of giving notice of

pregnancy.
(7) Date of giving notice of
delivery.
(8) Date of production of proof of
birth.
(9) Date of production or proof of
death, if any
(10)Dates on which payment was made-- Amount Date
(a) Maternity benefit paid in
advance, of expected delivery.
(b) Subsequent payment of
maternity benefit.
(c) Bonus.
(d) Leave wages as per section 9.
(e) Leave wages as per section 10.
------
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FORM B

[See sub-rule (1) of rule 4]

Certificate to prove that a woman worker is pregnant, or has been delivered of a
child or has undergone miscarriage or is suffering from illness arising out of pregnancy,
delivery, premature birth of child or miscarriage.

This is to certify that I examined wife/daughter of

a women employee in (name of the establishment) on
(date) and found/cannot discover that she is pregnant and is expected to delivered of a child
within (month and/days) from the abovementioned date/has undergone miscarriage/has
been delivered of a child on (date) or is suffering from (date) from illness
arising out of pregnancy/delivery premature birth of a child or miscarriage.

Date Signature, qualifications and

designation of Registered
Medical Practitioner.

Definitions of “child” and “miscarriage” as in the Maternity Benefit Act, 1961

(Central Act 53 of 1961).

1. “Child” includes a still-born child.

2. “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.
-----------------
FORM C
[See sub-rule (2) of rule 4]
Certificate to prove the death of a woman or child

This is to certify that wife/daughter of

a women employed in (name of the establishment) expired on
before/during/after confinement. The child died on /survives her.

Date : Signature, qualifications and designation

Registered Medical Practitioner.
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FORM D
[See sub-rule (1) of rule 5]
Notice claiming maternity benefit and other dues

(Name of the establishment)

I, (name of woman), wife/daughter of

employed as at (name of establishment), hereby give notice
that I expect to be confined within six weeks next following from the date of this
notice/have given birth to a child on (date) and shall be absent from work from
(date). I shall not work in any establishment during the period for which I receive maternity
benefit.

2. For the purpose of section 7, I hereby nominate (here enter name and
address of the nominee) to receive maternity benefit and/or any other amount due to me
under the Act in case of my death.

Signature of an Attestor in case

the woman is not able to sign
and affixes thumb-impression.

Date Signature or thumb-impression of woman

-----------------
FORM E
[See sub-rule (3) of rule 5]
Form of receipt of Maternity Benefit
To

(Name of the establishment)

I, the undersigned, a *woman employee/the

nominee of woman employee/legal representative of woman
employee deceased in (name of the establishment) at in district
received maternity benefit and/or other amount due under the Maternity Benefit Act, 1961,
from the employer of establishment referred to above, as detailed below:-

Rs. being the first instalment of maternity benefit paid on

Rs. being the second instalment of maternity benefit after delivery pain on
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Rs. being the medical bonus under section 8 of the Act paid on
Rs. being the wages for the leave period from to
mentioned under section 9 or 10.
*My/Her confinement/miscarriage took place on or I/she fell ill because of
pregnancy, delivery, premature birth of a child or miscarriage on .In
consequence I, ,her nominee/legal representative have received the
aforesaid amount prescribed in section 5, 8, 9 and 10 of the Maternity Benefit Act, 1961.

Signature or thumb-impression of:

*Woman employee or nominee or legal representative.

Signature of an Attestor in case the woman is not able to sign and affixes thumb-
impression.
Date:
_________________________________________________________________________
Strike out unnecessary portion.
-------
FORM F
[See sub-rule (1) of rule 9]
Appeal petition claiming maternity benefit or medical bonus or both
To
Sir,
I………………………………………………………………, the undersigned, woman
employee of…………………………………………………………(name of establishment
and full address), having been wrongly deprived by the employer of maternity benefit or
medical bonus or both (strike out unnecessary portion) for the reasons stated hereunder,
prefer this appeal under sub-section (2) of section 12 of the Maternity Benefit Act, 1961
and request that the said employer be directed to pay the above mentioned amount to me.
A copy of the order of the employer in this behalf is enclosed.

Date Signature or thumb-impression of woman

Signature of an Attestor in case the woman is

not able to sign and affixes thumb-impression.
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FORM G
[See sub-rule (1) of rule 10]
Complaint by a women employed in an establishment
alleging non-payment of maternity benefit and/or medical bonus
and/or wages for maternity leave.
To
The Inspector,

Sir,
I, (name of woman) employed in (name and full
address of establishment) am entitled to Rs being maternity benefit and/or Rs
being the medical bonus and/or Rs being wages for leave due under section 9
or 10 but the same has been improperly withheld by the employer. He may, therefore, be
directed to pay the amount to me.
Date
Signature or thumb-impression of woman

Signature of an Attestor in case the woman

is unable to sign and affixes thumb-
impression.

Full address of the woman.

(Strike out unnecessary potion)

--------
FORM H
[See sub-rule (1) of Rule 10]
Complaint by a nominee/legal representative alleging non-payment of
maternity benefit and/or medical bonus and/or wages due to a woman
To
The Inspector,

I, (name), a person nominated under section 6 by or a legal representative

of
(name of woman) employed in (name and full address of
establishment ) have to complain that the said woman having fulfilled the conditions
laid down in the Maternity Benefit Act, 1961 and the Rules there under is entitled to Rs.
being maternity benefit and/or Rs. being the medical bonus and/or Rs.
being wages for leave due under section 9 or 10 but the same has been improperly withheld
by the employer. He may, therefore, be directed to pay the amount to me.
Date Signature or thumb-impression of the
nominee/legal representative.
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FORM I
[See sub-rule (1) of rule 11]
Appeal petition of the person aggrieved by the decision of the Inspector
ordering payment of maternity benefit and/or other dues
To

Sir,
Shri, Inspector, having directed under sub-section (2) of section 17 to pay
the Maternity Benefit or other amount being (nature of amount) to which
(name of woman) is said to be entitled, I prefer this appeal under sub-section (3)
of 17. In view of the facts mentioned in the memorandum attached hereto and other
documents filed herewith it is submitted that the woman is not entitled to the maternity
benefit or the said amount and hence the decision of the Inspector in this behalf, copy of
which is enclosed, may be set aside.
Date
Signature of aggrieved person,

Full address
-------
FORM J
(See Rule 15)
(Abstract of the Maternity Benefit Act, 1961, and the rules made Thereunder.)

1. No employer shall knowingly employ a woman during the six weeks

immediately following the day of her delivery or miscarriage and no woman shall work in
any establishment during the said period.

2. No pregnant woman shall, on a request being made by her in this behalf, be

required by her employer to do during the period of one months immediately preceding the
period of six weeks before the date of her expected delivery and also for any period during
this period of six weeks for which she does not avail of leave of absence, 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 likely to
cause her miscarriage or otherwise to adversely affect her health.

3. (1) Subject to the provisions of the Act, every woman who has actually worked in
an establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days, including the days during which she was laid off,
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shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at
the rate of her average daily wages or one rupee a day, whichever is higher, for the period
of her actual absence not exceeding six weeks immediately preceding and including the day
of her delivery and for the six weeks immediately following that day:

Provided that where a woman dies during the period for which maternity benefit is
payable to her, the benefit shall be payable only for the days upto and including the day of
her death. However, where the woman having been delivered of a child, dies during her
delivery, or during the period of six weeks immediately following the date of her delivery,
leaving behind in either case the child, the employer shall be liable for the payment of
maternity benefit for the entire period of six weeks immediately following the day of her
delivery but if the child also dies during the said period, then, for the days upto and
including the day of the death of the child.

(2) 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
a certificate in Form ‘B’ stating that she is pregnant and is expected to be delivered of a
child within six weeks of the date of production of the certificate, and the amount due for
the subsequent period shall be paid by the employer to the woman within forty-eight hours
of production of the certificate in Form ‘B’ or stating that she has been delivered of a child
or production of a certified extract from a birth register maintained under the provisions of
any law for the time being in force.

4. (1) Any woman employed in an establishment and entitled to maternity benefit

under the provisions of this Act may give notice in writing in form ‘D’ ot 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.
(4) On receipt of the notice, the employer shall permit such woman to absent herself
for the establishment until the expiry of six weeks after the day of her delivery.
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5. (1) Every woman entitled to maternity benefit under the Act shall also be entitled
to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal
confinement and post-natal care is provided for by the employer free of charge. The
medical bonus shall be paid along with the second instalment of the maternity benefit.

(2) In case of miscarriage, a woman shall, on production of a certificate in Form ‘B’

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. The wages shall be paid within 48 hours
of production of the certificate in Form ‘B’.
(3) A woman suffering from illness arising out of pregnancy, delivery, premature
birth of child or miscarriage shall on production of a certificate in Form ‘B’ entitled, in
addition to the period of absence allowed to her on account of maternity or miscarriage, as
the case may be, to leave with wages at the rate of maternity benefit for a maximum period
of one month. The wages for the leave period shall be paid within 48 hours of the expiry of
that period.

6. 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 15 minutes duration for nursing the child until the child attains the age of
fifteen months. An extra sufficient period depending upon the distance to be covered, shall
be allowed for the purpose of the journey to and from the crèche or the place where the
children are left by woman while on duty, provided that such extra period shall not be less
than 5 minutes and more than 15 minutes duration.

7. (1) When a woman absents herself from work in accordance with the provisions
of the 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 shall not have the effect of depriving her of the maternity benefit
or medical bonus:

Provided that where the dismissal is for one or more of the following acts, the
employer may, by order in writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both ----
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(i) willful destruction of employer’s goods or property;

(ii) assaulting any superior or co-employee at the place of work;
(iii) criminal offence involving moral turpitude resulting in conviction in a court of
law;
(iv) theft, fraud, or dishonesty in connection with the employer’s business or
property; and
(v) willful non-observance of safety measures or rules on the subject or willful
interference with safety device or with fire-fighting equipment.
(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 ‘F’ to the Chief Inspector of Factories in the case of a factory and Chief
Inspector of Plantation in case of a Plantation and the decision of the Chief Inspector of
Factories/Chief Inspector of Plantations, as the case may be, on such appeal whether the
woman should or should not be deprived of maternity or medical bonus or both, shall be
final.

8. If a woman works in any establishment after she has been permitted by her
employer to absent herself under the provisions of the Act, she shall forfeit her claim to the
maternity benefit for such period.

9. (1) Any woman claiming that maternity benefit or any other amount to which she
is entitled under the Act and any person claiming that payment due has been improperly
withheld may make a complaint to the Inspector in writing in Form ‘G’ or ‘H’ as the case
may be.

(2) The Inspector may, of his own motion or on receipt of a complaint in Form ‘G’
or ‘H’ make an inquiry or cause an enquiry to be made and if satisfied that payment has
been wrongfully withheld, may direct the payment to be made in accordance with his
orders.

(3) Any person aggrieved by the decision of the Inspector may, within thirty days
from the date on which such decision is communicated to such person, appeal to the Chief
Inspector of Factories in the case of a factory and Chief Inspector or Plantations in case of
plantations.

(4) The decision of Chief Inspector of Factories/Chief Inspector of Plantations

where an appeal has been preferred to him or of the Inspector where no such appeal has
been preferred, shall be final.

10. (a) The employer shall supply to every woman employed by him at her request
free of cost copies of Forms ‘B’, ‘C’, ‘E’, ‘F’, ‘G’ and ‘H’.
 16

(b) The failure to submit a notice, appeal or complaint in the prescribed from will
not affect the right of a 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.

11. (a) (1) The employer of every establishment in which women are employed
shall prepare and maintain a muster roll in Form ‘A’ and shall enter therein particulars of
all women workers from whom notices of confinement have been received.

(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.

(b) The employer of every establishment shall on or before the 31st day of
January in each year submit to the Inspector a return in Form ‘K’ giving information as to
the particulars specified in respect of the preceding year.

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FORM K
(See sub-rule (1) of rule 16)
1. Name of the establishment
with the postal address:
2. Name of the employer with
his postal address:
3. Name of the Manager with
his postal address:
4. Aggregate number of women
permanently or temporarily
employed during the year:
5. Number of women who
worked for a period of not
less than one hundred and
sixty days in the twelve
months immediately
preceding the date of
delivery:
6. Number of women who gave
notice under section 6:
7. Number of women who were
granted permission to absent
on receipt of notice of
confinement:
 17

8. Claims for maternity benefit Number Amount paid

paid:
9. Claims or maternity benefit Number Amount paid
rejected:
10. Claims for medical bonus Number Amount paid
paid(Section 8):
11. Claims for medical bonus Number Amount paid
rejected:
12. Cases in which leave for Number Amount paid
miscarriage was granted:

13. Cases in which leave for Number Amount paid

miscarriage was applied for
but was rejected:
14. Cases in which additional Number Amount paid
leave for illness under
section 10 was granted:
15. Cases in which additional Number Amount paid
leave for illness under
section 10 was applied for
but was rejected:
16. Cases in which payment was Number Amount paid
made to persons other than
the woman concerned:
17. Women deprived of Number Amount paid
maternity benefit and/or
medical bonus under proviso
to sub-section (2) of section
12:
18. Cases in which payment was Number Amount paid
made on the order of the
Appellate Authority or
Inspector:
19. Number of cases ehere pre-
natal confinement and post-
natal care was provided by
the management free of
charge (Section 8):
20. Number of women who died:
(a) before delivery:
(b) after delivery:
21. Number of woman
discharged or dismissed
while working:
 18

1
[FORM L
(See rule 3 (4) ]
SELF-CERTIFICATION FOR INFORMATION TECHNOLOGY
SOFTWARE ESTABLISHMENTS
FOR THE HALF YEAR ENDING

1. Name and address of the Information

Technology Establishment :
Phone No:
Fax:
E-mail:
2. Name and address of the Employer
3. Maximum Number of Persons
employed on any day :
(i) Male :
(ii) Female:
Total:
4. Maternity Benefit:
(a) Whether maternity benefit paid in
advance to the eligible women
employees?
(b) Whether subsequent maternity
benefit paid?
(c) Whether subsequent maternity
benefit paid?
(d) Whether leave wages paid as per
Section 9?
(d) Whether leave wages paid as per
Section 10?

Signature of Employer
1
Added by G.O. Ms.No.38, Labour and Employment (C), dated 24th March, 2006.
 19

CERTIFICATE

Certified that during the half-year

ending……………………………………………., we have complied with all the
provisions of the Maternity Benefit Act, 1961 and the Rules made thereunder, in addition
of those specifically mentioned above and we are the authorized persons to issue the above
certificate and the above certificate is issued with full knowledge of the Statute. We are
jointly and severally responsible for any information found incorrect subsequently and
liable for prosecution under the provisions of the said Act and Rules made thereunder, for
furnishing incorrect information.

Signature of the Manager Signature of Employer

Name: Name :
Designation : Designation :
Office Seal : Office Seal :
Accepted : Date :
Assistant Inspector of Labour]
---------
_________________________________________________________________________

The Maternity Benefit Act, 1961

---- notification under Sec. 2 (1)
[G.O. Ms. No.849, Labour and Employment, 7th December, 1977]
1
No.II (2)/LE/6313/77.-----In exercise of the powers conferred by the proviso to sub-
section (1) of section 2 of the Maternity Benefit Act, 1961 (Central Act 53 of 1961), the
Governor of Tamil Nadu, having already given two months’ notice as required there under,
with the approval of the Central Government, hereby declares that all the provisions of the
said Act, shall apply to the establishments as defined in clause (6) of section 2 of the Tamil
Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947), and to the
catering establishments as defined in clause (1) of section 2 of the Tamil Nadu Catering
Establishments Act, 1958 (Tamil Nadu Act XIII of 1958).
--------
_________________________________________________________________________
1
Vide the Tamil Nadu Government Gazette, Pt. II, Sec. 2, dated the 28th December, 1977 at p. 747.
 20

APPENDIX

Appointment of certain Officers as Inspectors and specifying

their local limits
[G.O.(D) 844, Labour and Employment (C), 27th June, 2005]

1
NO.II (2)/LE/718/2005.--- In exercise of the powers conferred by section 14 of the
Maternity Benefit Act,1961 (Central Act 53 of 1961) and in supersession of the Labour and
Employment Notification No.II (2)/LE/507/2000*, published at page 243 of Part 11 - Section 2
of the Tamil Nadu Government Gazette, dated the 10th May, 2000, the Governor of Tamil Nadu
hereby appoints the officers specified in column (1) of the Table below, to be Inspectors for the
purposes of the said Act and defines the local limits of the jurisdiction specified in the
corresponding entries in Column(2) thereof, within which they shall exercise their functions
under the said Act.

THE TABLE

Sl.No Officers Local Limits

(1) (2)
1. Deputy Commissioner of Labour Whole of the State of Tamil Nadu
(Inspections) Chennai.

2. Regional Deputy Commissioners of Local limits assigned to them under sub-

Labour. section (1) of section 27 of the Payment of
Bonus Act, 1965 (Central Act XXI of
1965).

3. Inspectress of Labour, Tirunelveli. Tirunelveli, Thoothukudi, Kanniyakumari

and Virudhunagar Districts.

4. Inspectress of Labour, Coimbatore. Coimbatore and the Nilgiris Districts

5. Inspectress of Labour, Chennai. Chennai, Vellore, Kancheepuram,

Tiruvannamalai and Tiruvallur Districts.

6. Inspectors of Plantation Local limits assigned to them under the

Plantation Labour Act, 1951 (Central Act
LXIX of 1951).

7. Inspectors of Plantation Local limits assigned to them under the

8. Deputy Inspectors of Labour Standards of Weights and Measures
(Enforcement) Act, 1985 (Central Act 54 of
1985).
 21

9. Assistant Inspectors of Labour. Local limits assigned to them under the

Standards of Weights and Measures
(Enforcement) Act, 1985 (Central Act 54 of
1985).
10. Development Commissioners, Special Special Economic Zone concerned.
Economic Zones in Tamil Nadu.

11. Chief Inspector of Factories

12. Additional Chief Inspector of Factories.
13. Joint Chief Inspector of Factories
(Productivity Cell)
14. Joint Chief Inspector of Factories.
15. Deputy Chief Inspector of Factories
16. Deputy Chief Inspector of Factories
(Health and Safety)
17. Deputy Chief Inspector of Factories in the The Whole State of Tamil Nadu.
Office of the Joint Chief Inspector of
Factories.
18. Inspector of Factories (Productivity Cell)
19. Assistant Inspector of Factories
(Productivity Cell).
20. Assistant Inspector of Factories (Health
and Safety).
21. Inspectors of Factories.
22. Assistant Inspectors of Factories. Local limits assigned to them under sub-
section (1) of Section 8 of the Factories Act,
1948 (Central Act LXIII of 1948).

--------
_________________________________________________________________________
1
Added Vide G.O. Ms. No. 167, dated the 30th November, 2006. For Gazette extract of Notification,
see Digest of Labour Cases, 2007 at p. 73.