Mines Maternity Benefit Act, 1941

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THE MINES MATERNITY BENEFIT ACT, 1941 
 
 
 
CONTENTS 
1.  Short title, extent and commencement 
2.  Definitions 
3.  Prohibition of employment of, and work by women during certain period 
4.  Right to obtain leave of absence in pregnancy and after delivery 
5.  Right to and liability for payment of maternity benefit 
6.  Payment of bonus 
7.  Notice of delivery to be given to manager 
8.  Payment of maternity benefit 
9.  Disposal of maternity benefit in case of death of women entitled to receive it 
10.  Prohibition of dismissal during or on account of absence from work owing to confinement 
11.  Power of Chief Inspector or Inspector to direct payments to be made 
12.  Penalty for contravention of Act by a woman 
13.  Penalty for contravention of Act by owner or manager 
14.  Cognizance of cases 
15.  Power of Provincial Government to make rules 
16.  Abstract of this Act and the rules made thereunder to be exhibited in mines 
17.  Power of Provincial Government to exempt mines from operation of Act 
18.  Act binding on Government 

 
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THE MINES MATERNITY BENEFIT ACT, 1941 
ACT No. XIX OF 1941 
 [26th November, 1941]  
An Act to regulate the employment of women in mines for a certain period before and after childbirth 
and to provide for payment of maternity benefit to them. 
 WHEREAS it is expedient to regulate the employment of women in mines for a certain 
period before and after childbirth and to provide for payment of maternity benefit to them; 
 It is hereby enacted as follows :__   
 1. Short title, extent and commencement. __(1) This Act may be called the Mines Maternity 
Benefit Act, 1941. 
 1[(2) It extends to the whole of Pakistan.] 
 (3) It shall come into force on such date 2 as the 3[Federal Government] may, by notification 
in the official Gazette, appoint. 
 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— 
  (al) 4[*         *             *              *                  *                  *                   *] 
(a)  “child” includes a still-born child; 
(b)  “Chief Inspector”, “Inspector ”, “employed”, “mine” and “owner” have the 
meanings assigned, respectively, to these expressions in section 3 of the Mines 
Act, 1923 (IV of 1923); 
(c)   “manager” means the manager of the mine appointed in accordance with the 
provisions of the Mines Act, 1923 (IV of 1923); 
(d)  “maternity benefit” means the payment referred to in section 5; 
(e)  “prescribed” means prescribed by rules made under this Act. 
 5[3. Prohibition of employment of, and work by women during certain period. __ (1)] No 
owner or manager of a mine shall knowingly employ a woman and no woman shall engage in 
employment in any mine during the 6[six weeks] following the day on which she is delivered of a 
child. 
 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch.  
2Brought into force with effect from the 28th December 1942, see Gazette of India, 1943, Pt. I, p. 32. 
3Subs. by the Federal Adaptation of laws Order, 1975 (P. O.  No. 4 of 1975), Art. 2 and Table. 
4Omitted by the Central Adaptation of Laws Order, 1964 (P. O No. 1 of 1964), Art. 2 and Sch. 
5Re-numbered by Act No. X of 1945, s. 2. 
6Subs. by Act No. XXI of 1950, s. 2. 
 
 
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  1[(2) No owner or manager of a mine shall employ any woman below ground in the 
mine— 
(a)       if he has reason to believe or i f she has informed him that she is likely to be 
delivered of a child within ten weeks; 
(b)       if she has to the knowledge of the management been delivered of a child 
within the preceding twenty-six weeks; 
(c)       during the period of ten weeks followi ng the twenty six weeks referred to in 
clause (b)__ 
(i)  for more than four hours in a day unless a creche is provided at the 
mine; 
(ii)  in any case, for more than four hours at any one time : 
 Provided that where the woman informs the management that th e child of which she was 
delivered has died, the provisions of clause (c) shall not apply after the management has with due 
diligence verified the correctness of her statement.] 
 4. Right to obtain leave of absence in pregnancy and after delivery. __(1) If any woman 
employed in a mine who is pregnant gives notice either orally or in writing in the prescribed form to 
the manager of the mine that she expects to be delivered of a child within 2[one and a half months] 
from the date of such notice, the manager sh all permit her if she so desires to absent herself from 
work up to the day of her delivery and such absence shall be treated as a period of authorised 
absence on leave: 
 Provided that 1[except in the case of a woman employed below ground in the mine] the 
manager may, on undertaking to defray the cost of such examination, require the woman to be 
examined by a qualified medical practitioner or midwife, and, if the woman refuses to submit to such 
examination or is certified on such examination as not pregnant or not likely to be delivered of a 
child within 2[one and a half months], he may refuse such permission. 
 1[(2) If any woman employed below ground in a mine gives notice either orally or in writing 
in the prescribed form to the manager of the mine that she  expects to be delivered of a child within 
ten weeks from the date of such notice, the manager may, on undertaking to defray the cost of such 
examination, require the woman to be examined within three days by a qualified medical practitioner 
or midwife, and shall permit her if she so desires to absent herself from work in any capacity in the 
mine prior to the said examination, and unless he obtains a certificate that the woman is not pregnant 
or not likely to be delivered of a child within ten weeks or the woman refuses to submit to such 
examination, up to the day of her delivery, and such absence shall be treated as a period of authorised 
absence on leave. 
 (3) The examination referred to in the proviso to sub -section (1) or in sub-section (2) shall, if 
the woman so desires, be carried out by a woman. 
 (4) The absence of a women in the period during which she is entitled to maternity benefit 
under this Act shall be treated as authorised absence on leave.] 
 
1Added and subs. by Act No. X of 1945, s. 2-3. 
2Subs. by Act No. XXI of 1950, s. 3. 
 
 
 
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 1[5. Right to and liability for payment of maternity benefit.__(1)] Every woman 1[other 
than a woman to whom the provisions of sub -section (2) apply] employed in a mine who has been 
continuously employed in that mine or i n mines belonging to the owner of that mine for a period of 
not less than six months preceding the date of her delivery shall, if she complies with the conditions 
imposed by this Act, be entitled to receive, and the owner of the mine shall be liable to ma ke to her, 
in accordance with the provisions of this Act, a payment at the rate of 1[twelve annas] a day for every 
day 2[* * *] during the 3[six weeks] immediately preceding and including the day of her de livery and 
for each day of the 3[six weeks] following her delivery: 
 2[Provided that no such payment shall be made for any day on which she attends work and 
receives payment there for during the 3[six weeks] preceding her delivery.] 
 1[(2) Every woman who has worked  below ground in a mine or mines of the  same owner for 
not less than ninety days in all during a period not exceeding six months immediately preceding the 
date on which clause (a) of sub-section (2) of section 3 becomes applicable to her case shall, if she 
complies with the other conditions imp osed by this Act, be entitled to receive, and the owner of the 
mine shall be liable to make to her, in accordance with the provisions of this Act, a payment at the 
rate of six rupees a week for the ten weeks immediately preceding her delivery and for the s ix weeks 
following her delivery.] 
 Explanation.__ Periods of casual absence as defined by rules made under section 15 or 
authorised absence on account of illness or leave shall count as employment in determining whether 
employment has been continuous. 
 6. Payment of bonus. __(1) The 4[Provincial Government] may by rules  made under section 
15 provide that a woman entitled to maternity benefit under this Act shall, if at the time of her 
delivery she utilized the services of a qualified midwife or other trained person, receive in addition to 
the maternity benefit due to her a bonus not exceeding in amount three rupees: 
 Provided that she shall not receive such bonus if at the place chosen by her for her 
confinement she would have been entitled free of charge to the services of a qualified midwife or 
other trained person provided by the owner of the mine. 
 (2) Such rules may further provide for the determination by the Provincial Government of the 
amount of the bonus, and of the qualifications which shall be posse ssed by qualified midwives and 
other trained persons for the purposes of this section. 
 7. Notice of delivery to be given to manager.  A woman entitled to maternity benefit under 
this Act, unless she has given the notice referred to in sub -section (1) 5[or sub-section (2), as the case 
may be] of section 4, shall on being delivered of a child give notice of her delivery in the pres cribed 
manner to the manager before the expiry of seven days from the date of her delivery, and shall before 
the expiry of six months from such date furnish proof of the prescribed nature to the manager both of 
her delivery and of the date of her delivery: 
 Provided that a woman giving notice under section 4 or this section may therein nominate a 
person for the purposes of sub-section (2) of section 9. 
 
1Re-numbered, subs and added by Act No. X of 1954, s. 4. 
2Omitted and added by Act No. XVIII of 1943, s. 2. 
3Subs. by Act No. XXI of 1950, s. 4. 
4Subs. by the Central Adaptation of Laws Order, 1964 (P. O No. 1 of 1964), Art. 2 and Sch. 
5Ins. by Act No. X of 1945, s. 5. 
 
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 8. Payment of maternity benefit. __(1) Where a woman entitled to maternity benefit has 
given the notice referred to in sub -section (1) of section 4 and has obtained permission to absent 
herself from work up to the date of her delivery, the manager shall either at once or within three days 
pay to her maternity benefit for 1[six weeks] in advance. 
 2[(1A) Where a woman entitled to maternity benefit has given the notice referred to in 
sub-section (2) of section 4, the manage r shall within three days pay to her maternity benefit for ten 
weeks in advance, unless, within the said three days as a result of the examination referred to in that 
sub-section, he obtains a certificate that she is not pregnant or not likely to be delive red of a child 
within ten weeks or the woman refuses to submit to such examination.] 
 (2) A woman entitled to maternity benefit who has been delivered of a child shall, on 
furnishing the proof referred to in section 7, __ 
(a)  if she has received an advanc e payment under sub -section (1) 2[or sub-section 
(1A)] be paid the balance of the maternity benefit due to her at the end of the 
1[sixth week] from the date of her delivery or within three days of the 
furnishing of proof, whichever date is later; 
(b)  if she has received no such advance payment,— 
(i) if the proof is furnished, before the end of the 1[sixth week] from the 
date of delivery, be paid at once or within three days so much of the 
maternity benefit as is then due to her, and be paid the balance at  the 
end of the said 1[sixth week]; 
(ii) if the proof is furnished after the end of the 1[sixth week] from the date 
of delivery, be paid at once or within three days the whole amount of 
the maternity benefit due to her. 
 9. Disposal of maternity benefit in  case of death of women entitled to receive it. __ (1) If a 
woman entitled to maternity benefit who has received an advance under sub -section (1) 2[or 
sub-section (1A)] of section 8 dies before being delivered of the child, the advance shall not be 
recoverable. 
 (2) If a woman entitled to maternity benefit having been delivered of a child dies before 
payment of the maternity benefit, or, where an advance under sub -section (1) 2[or sub-section (1A)] 
of section 8 has been made, of the balance of the maternity benefit due to her is made, the amount 
due to her up to the date of her death shall, on the prescribed proof of the birth and date of the birth 
of the child and of the death and date of death of the woman being furnished at any time before the 
expiry of si x months from the date of delivery, be paid if the child is living to the person who 
undertakes the care of the child, and if the child is not living to the person nominated by her under 
the proviso to section 7 or if she has made no such nomination to the  legal representative of the 
deceased woman. 
 
 
1Subs. by Act No. XXI of 1950, s. 5. 
2Ins. by Act No. X of 1945, ss. 6-7. 
 
 
 
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 10. Prohibition of dismissal during or on account of absence from work owing to 
confinement.__ (1) When a woman absents herself from work in accordance with 1[sub-section (1) of 
section 3 or in circumstances under which in accordance with this Act the absence is to be treated as 
authorised absence on leave] it shall be unlawful for the manager to dismiss her during or on account 
of such absence, or to give notice of dismissal on such a day that the notice will expire during such 
absence. 
 (2) The dismissal of a women at any time within six months before she is delivered of a child, 
if the women but for such dismissal would have been ent itled to maternity benefit under this Act, 
shall not have the effect of depriving her of that maternity benefit if the Chief Inspector is satisfied 
that her dismissal was without sufficient cause.  
 11. Power of Chief Inspector or Inspector to direct payme nts to be made. __ (1) Any 
woman claiming that maternity benefit to which she is entitled under this Act and any person 
claiming that a payment due under sub -section (2) of section 9 is improperly withheld may make a 
complaint to the Chief Inspector or any inspector 1[or any other officer authorised in this behalf by 
the 2[Provincial Government]]. 
 (2) On receipt of such complaint or on his own motion without any such complaint being 
made, the Chief Inspector or Inspector 1[or other officer] may make inquiry or cause an inquiry to be 
made, and if satisfied that a payment has been wrongfully with held may direct the payment to be 
made in accordance with his orders. 
 12. Penalty for contravention of Act by a woman.  Any woman who does any work for 
which she rece ives payment in cash or kind after she has been permitted under sub -section (1) of 
section 4 to absent herself from work, or who engages in employment in any min e in contravention 
of 1[subsection (1) of section 3], shall be punishable with fine which may  extend to ten rupees, and, 
if she is entitled to maternity benefit under this Act shall forfeit her right to any maternity benefit not 
already paid to her. 
 13. Penalty for contravention of Act by owner or manager. __(1) Any owner or manager of 
a mine, who contravenes any provision of this Act for which no express penalty is provided, shall be 
punishable with fine which may extend to five hundred rupees. 
 (2) The Court imposing the fine may, if the contravention has resulted in depriving a woman 
of any maternity benefit due to her, order the whole or any part of the fine when paid to be applied in 
payment of compensation to the woman for any loss caused to her by the contravention of the 
provision on account of which the fine has been imposed, and an Appella te Court or the High Court 
in exercise of its powers of revision may also make such order. 
 14. Cognizance of cases. __ (1) No prosecution under this Act shall be instituted except by or 
with the sanction of the Chief Inspector 1[or of an officer authorised in this behalf by the 2[Provincial 
Government]]. 
 (2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable 
under this Act or any rule made thereunder. 
 
1Subs. added and ins. by Act No. X of 1945, ss. 8-11. 
2Subs. by the Central Adaptation of Laws Order, 1964 (P. O No. 1 of 1964), Art. 2 and Sch. 
   
 
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  (3) No Court shall take cognizance of an offence punishable under this Act or any rule 
made there under, unless complaint thereof is made within six months of the date on  which the 
offence is alleged to have been committed: 
 Provided that in computing the said period of six months any time spent in obtaining the 
sanction 1[* * *] required by sub-section (1) shall be excluded. 
 15. Power of Provincial Government to make ru les.__ (1) The  2[Provincial Government] 
may, subject to the condition of previous publication, by notification in t he official Gazette, make 
rules to carry out the purposes of this Act. 
 (2) In particular and without prejudice to the generality of the foregoing power, such rules 
may__ 
(a)      require the maintenance of registers and records for the purposes of this Act 
and prescribe the form thereof; 
 
(b)      prescribe the form of the notices referred to in section 4 and section 7, and 
require mines to supply copies thereof to women workers; 
 
(c)     regulate the examination of women 1[referred to in] section 4, and the grant of 
the certificates therein referred to; 
 
(d)     prescribe the nature of and the method of furnishing the proof referred to in 
section 7, section 8 and section 9; 
 
(e)     regulate the manner of applying for and paying maternity benefit; 
 
(f)     assign duties, to, and regulate the powers of, the Chief Inspector and 
Inspectors, 1[and the officers authorised by the 2[Provincial Govern ment] 
referred to in section 11 and sub -section (1) of section 14] for the purposes of 
this Act. 
 (3) Any rule made under this section may provide that a contravention thereof shall be 
punishable with fine which may extend to fifty rupees. 
 16. Abstract of  this Act and the rules made there under to be exhibited in mines. __ (1) 
The manager of every mine in which women are employed shall cause an abstract in the local 3[*] 
language of the provisions of this Act and of the rules made there under to be exhibited  in the mine 
in such manner that they may come to the notice of every woman employed in the mine. 
 (2) For any contravention of the provisions of this section the manager shall be punishable 
with fine which may extend to one hundred rupees. 
 17. Power of P rovincial Government to exempt mines from operation of Act.  The 
2[Provincial Government] may, by notification in the official Gazette, exempt any mine or class of 
mines from the operation of this Act. 
 
 18. Act binding on 4[Government]. The provisions of t his Act shall be binding on the 
4[Government]. 
73357           Date: 3-02-2025 
 
1Omitted, subs. and ins. by Act No. X of 1945, ss. 11 and 12. 
2Subs. by the Central Adaptation of Laws Order, 1964 (P. O No. 1 of 1964), Art. 2 and Sch. 
3Omitted  by the Central Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. 
4Subs. by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), Art. 2 and Sch.