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  "title": "Mines Maternity Benefit Act, 1941",
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  "text": "Page 1 of 7 \r\n  \r\n \r\n \r\n \r\n \r\nTHE MINES MATERNITY BENEFIT ACT, 1941 \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  Prohibition of employment of, and work by women during certain period \r\n4.  Right to obtain leave of absence in pregnancy and after delivery \r\n5.  Right to and liability for payment of maternity benefit \r\n6.  Payment of bonus \r\n7.  Notice of delivery to be given to manager \r\n8.  Payment of maternity benefit \r\n9.  Disposal of maternity benefit in case of death of women entitled to receive it \r\n10.  Prohibition of dismissal during or on account of absence from work owing to confinement \r\n11.  Power of Chief Inspector or Inspector to direct payments to be made \r\n12.  Penalty for contravention of Act by a woman \r\n13.  Penalty for contravention of Act by owner or manager \r\n14.  Cognizance of cases \r\n15.  Power of Provincial Government to make rules \r\n16.  Abstract of this Act and the rules made thereunder to be exhibited in mines \r\n17.  Power of Provincial Government to exempt mines from operation of Act \r\n18.  Act binding on Government \r\n\r\n \r\nPage 2 of 7 \r\n  \r\nTHE MINES MATERNITY BENEFIT ACT, 1941 \r\nACT No. XIX OF 1941 \r\n [26th November, 1941]  \r\nAn Act to regulate the employment of women in mines for a certain period before and after childbirth \r\nand to provide for payment of maternity benefit to them. \r\n WHEREAS it is expedient to regulate the employment of women in mines for a certain \r\nperiod before and after childbirth and to provide for payment of maternity benefit to them; \r\n It is hereby enacted as follows :__   \r\n 1. Short title, extent and commencement. __(1) This Act may be called the Mines Maternity \r\nBenefit Act, 1941. \r\n 1[(2) It extends to the whole of Pakistan.] \r\n (3) It shall come into force on such date 2 as the 3[Federal Government] may, by notification \r\nin the official Gazette, appoint. \r\n 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— \r\n  (al) 4[*         *             *              *                  *                  *                   *] \r\n(a)  “child” includes a still-born child; \r\n(b)  “Chief Inspector”, “Inspector ”, “employed”, “mine” and “owner” have the \r\nmeanings assigned, respectively, to these expressions in section 3 of the Mines \r\nAct, 1923 (IV of 1923); \r\n(c)   “manager” means the manager of the mine appointed in accordance with the \r\nprovisions of the Mines Act, 1923 (IV of 1923); \r\n(d)  “maternity benefit” means the payment referred to in section 5; \r\n(e)  “prescribed” means prescribed by rules made under this Act. \r\n 5[3. Prohibition of employment of, and work by women during certain period. __ (1)] No \r\nowner or manager of a mine shall knowingly employ a woman and no woman shall engage in \r\nemployment in any mine during the 6[six weeks] following the day on which she is delivered of a \r\nchild. \r\n \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch.  \r\n2Brought into force with effect from the 28th December 1942, see Gazette of India, 1943, Pt. I, p. 32. \r\n3Subs. by the Federal Adaptation of laws Order, 1975 (P. O.  No. 4 of 1975), Art. 2 and Table. \r\n4Omitted by the Central Adaptation of Laws Order, 1964 (P. O No. 1 of 1964), Art. 2 and Sch. \r\n5Re-numbered by Act No. X of 1945, s. 2. \r\n6Subs. by Act No. XXI of 1950, s. 2. \r\n \r\n \r\nPage 3 of 7 \r\n  \r\n  1[(2) No owner or manager of a mine shall employ any woman below ground in the \r\nmine— \r\n(a)       if he has reason to believe or i f she has informed him that she is likely to be \r\ndelivered of a child within ten weeks; \r\n(b)       if she has to the knowledge of the management been delivered of a child \r\nwithin the preceding twenty-six weeks; \r\n(c)       during the period of ten weeks followi ng the twenty six weeks referred to in \r\nclause (b)__ \r\n(i)  for more than four hours in a day unless a creche is provided at the \r\nmine; \r\n(ii)  in any case, for more than four hours at any one time : \r\n Provided that where the woman informs the management that th e child of which she was \r\ndelivered has died, the provisions of clause (c) shall not apply after the management has with due \r\ndiligence verified the correctness of her statement.] \r\n 4. Right to obtain leave of absence in pregnancy and after delivery. __(1) If any woman \r\nemployed in a mine who is pregnant gives notice either orally or in writing in the prescribed form to \r\nthe manager of the mine that she expects to be delivered of a child within 2[one and a half months] \r\nfrom the date of such notice, the manager sh all permit her if she so desires to absent herself from \r\nwork up to the day of her delivery and such absence shall be treated as a period of authorised \r\nabsence on leave: \r\n Provided that 1[except in the case of a woman employed below ground in the mine] the \r\nmanager may, on undertaking to defray the cost of such examination, require the woman to be \r\nexamined by a qualified medical practitioner or midwife, and, if the woman refuses to submit to such \r\nexamination or is certified on such examination as not pregnant or not likely to be delivered of a \r\nchild within 2[one and a half months], he may refuse such permission. \r\n 1[(2) If any woman employed below ground in a mine gives notice either orally or in writing \r\nin the prescribed form to the manager of the mine that she  expects to be delivered of a child within \r\nten weeks from the date of such notice, the manager may, on undertaking to defray the cost of such \r\nexamination, require the woman to be examined within three days by a qualified medical practitioner \r\nor midwife, and shall permit her if she so desires to absent herself from work in any capacity in the \r\nmine prior to the said examination, and unless he obtains a certificate that the woman is not pregnant \r\nor not likely to be delivered of a child within ten weeks or the woman refuses to submit to such \r\nexamination, up to the day of her delivery, and such absence shall be treated as a period of authorised \r\nabsence on leave. \r\n (3) The examination referred to in the proviso to sub -section (1) or in sub-section (2) shall, if \r\nthe woman so desires, be carried out by a woman. \r\n (4) The absence of a women in the period during which she is entitled to maternity benefit \r\nunder this Act shall be treated as authorised absence on leave.] \r\n \r\n1Added and subs. by Act No. X of 1945, s. 2-3. \r\n2Subs. by Act No. XXI of 1950, s. 3. \r\n \r\n \r\n \r\nPage 4 of 7 \r\n  \r\n 1[5. Right to and liability for payment of maternity benefit.__(1)] Every woman 1[other \r\nthan a woman to whom the provisions of sub -section (2) apply] employed in a mine who has been \r\ncontinuously employed in that mine or i n mines belonging to the owner of that mine for a period of \r\nnot less than six months preceding the date of her delivery shall, if she complies with the conditions \r\nimposed by this Act, be entitled to receive, and the owner of the mine shall be liable to ma ke to her, \r\nin accordance with the provisions of this Act, a payment at the rate of 1[twelve annas] a day for every \r\nday 2[* * *] during the 3[six weeks] immediately preceding and including the day of her de livery and \r\nfor each day of the 3[six weeks] following her delivery: \r\n 2[Provided that no such payment shall be made for any day on which she attends work and \r\nreceives payment there for during the 3[six weeks] preceding her delivery.] \r\n 1[(2) Every woman who has worked  below ground in a mine or mines of the  same owner for \r\nnot less than ninety days in all during a period not exceeding six months immediately preceding the \r\ndate on which clause (a) of sub-section (2) of section 3 becomes applicable to her case shall, if she \r\ncomplies with the other conditions imp osed by this Act, be entitled to receive, and the owner of the \r\nmine shall be liable to make to her, in accordance with the provisions of this Act, a payment at the \r\nrate of six rupees a week for the ten weeks immediately preceding her delivery and for the s ix weeks \r\nfollowing her delivery.] \r\n Explanation.__ Periods of casual absence as defined by rules made under section 15 or \r\nauthorised absence on account of illness or leave shall count as employment in determining whether \r\nemployment has been continuous. \r\n 6. Payment of bonus. __(1) The 4[Provincial Government] may by rules  made under section \r\n15 provide that a woman entitled to maternity benefit under this Act shall, if at the time of her \r\ndelivery she utilized the services of a qualified midwife or other trained person, receive in addition to \r\nthe maternity benefit due to her a bonus not exceeding in amount three rupees: \r\n Provided that she shall not receive such bonus if at the place chosen by her for her \r\nconfinement she would have been entitled free of charge to the services of a qualified midwife or \r\nother trained person provided by the owner of the mine. \r\n (2) Such rules may further provide for the determination by the Provincial Government of the \r\namount of the bonus, and of the qualifications which shall be posse ssed by qualified midwives and \r\nother trained persons for the purposes of this section. \r\n 7. Notice of delivery to be given to manager.  A woman entitled to maternity benefit under \r\nthis Act, unless she has given the notice referred to in sub -section (1) 5[or sub-section (2), as the case \r\nmay be] of section 4, shall on being delivered of a child give notice of her delivery in the pres cribed \r\nmanner to the manager before the expiry of seven days from the date of her delivery, and shall before \r\nthe expiry of six months from such date furnish proof of the prescribed nature to the manager both of \r\nher delivery and of the date of her delivery: \r\n Provided that a woman giving notice under section 4 or this section may therein nominate a \r\nperson for the purposes of sub-section (2) of section 9. \r\n \r\n1Re-numbered, subs and added by Act No. X of 1954, s. 4. \r\n2Omitted and added by Act No. XVIII of 1943, s. 2. \r\n3Subs. by Act No. XXI of 1950, s. 4. \r\n4Subs. by the Central Adaptation of Laws Order, 1964 (P. O No. 1 of 1964), Art. 2 and Sch. \r\n5Ins. by Act No. X of 1945, s. 5. \r\n \r\nPage 5 of 7 \r\n  \r\n 8. Payment of maternity benefit. __(1) Where a woman entitled to maternity benefit has \r\ngiven the notice referred to in sub -section (1) of section 4 and has obtained permission to absent \r\nherself from work up to the date of her delivery, the manager shall either at once or within three days \r\npay to her maternity benefit for 1[six weeks] in advance. \r\n 2[(1A) Where a woman entitled to maternity benefit has given the notice referred to in \r\nsub-section (2) of section 4, the manage r shall within three days pay to her maternity benefit for ten \r\nweeks in advance, unless, within the said three days as a result of the examination referred to in that \r\nsub-section, he obtains a certificate that she is not pregnant or not likely to be delive red of a child \r\nwithin ten weeks or the woman refuses to submit to such examination.] \r\n (2) A woman entitled to maternity benefit who has been delivered of a child shall, on \r\nfurnishing the proof referred to in section 7, __ \r\n(a)  if she has received an advanc e payment under sub -section (1) 2[or sub-section \r\n(1A)] be paid the balance of the maternity benefit due to her at the end of the \r\n1[sixth week] from the date of her delivery or within three days of the \r\nfurnishing of proof, whichever date is later; \r\n(b)  if she has received no such advance payment,— \r\n(i) if the proof is furnished, before the end of the 1[sixth week] from the \r\ndate of delivery, be paid at once or within three days so much of the \r\nmaternity benefit as is then due to her, and be paid the balance at  the \r\nend of the said 1[sixth week]; \r\n(ii) if the proof is furnished after the end of the 1[sixth week] from the date \r\nof delivery, be paid at once or within three days the whole amount of \r\nthe maternity benefit due to her. \r\n 9. Disposal of maternity benefit in  case of death of women entitled to receive it. __ (1) If a \r\nwoman entitled to maternity benefit who has received an advance under sub -section (1) 2[or \r\nsub-section (1A)] of section 8 dies before being delivered of the child, the advance shall not be \r\nrecoverable. \r\n (2) If a woman entitled to maternity benefit having been delivered of a child dies before \r\npayment of the maternity benefit, or, where an advance under sub -section (1) 2[or sub-section (1A)] \r\nof section 8 has been made, of the balance of the maternity benefit due to her is made, the amount \r\ndue to her up to the date of her death shall, on the prescribed proof of the birth and date of the birth \r\nof the child and of the death and date of death of the woman being furnished at any time before the \r\nexpiry of si x months from the date of delivery, be paid if the child is living to the person who \r\nundertakes the care of the child, and if the child is not living to the person nominated by her under \r\nthe proviso to section 7 or if she has made no such nomination to the  legal representative of the \r\ndeceased woman. \r\n \r\n \r\n1Subs. by Act No. XXI of 1950, s. 5. \r\n2Ins. by Act No. X of 1945, ss. 6-7. \r\n \r\n \r\n \r\nPage 6 of 7 \r\n  \r\n 10. Prohibition of dismissal during or on account of absence from work owing to \r\nconfinement.__ (1) When a woman absents herself from work in accordance with 1[sub-section (1) of \r\nsection 3 or in circumstances under which in accordance with this Act the absence is to be treated as \r\nauthorised absence on leave] it shall be unlawful for the manager to dismiss her during or on account \r\nof such absence, or to give notice of dismissal on such a day that the notice will expire during such \r\nabsence. \r\n (2) The dismissal of a women at any time within six months before she is delivered of a child, \r\nif the women but for such dismissal would have been ent itled to maternity benefit under this Act, \r\nshall not have the effect of depriving her of that maternity benefit if the Chief Inspector is satisfied \r\nthat her dismissal was without sufficient cause.  \r\n 11. Power of Chief Inspector or Inspector to direct payme nts to be made. __ (1) Any \r\nwoman claiming that maternity benefit to which she is entitled under this Act and any person \r\nclaiming that a payment due under sub -section (2) of section 9 is improperly withheld may make a \r\ncomplaint to the Chief Inspector or any inspector 1[or any other officer authorised in this behalf by \r\nthe 2[Provincial Government]]. \r\n (2) On receipt of such complaint or on his own motion without any such complaint being \r\nmade, the Chief Inspector or Inspector 1[or other officer] may make inquiry or cause an inquiry to be \r\nmade, and if satisfied that a payment has been wrongfully with held may direct the payment to be \r\nmade in accordance with his orders. \r\n 12. Penalty for contravention of Act by a woman.  Any woman who does any work for \r\nwhich she rece ives payment in cash or kind after she has been permitted under sub -section (1) of \r\nsection 4 to absent herself from work, or who engages in employment in any min e in contravention \r\nof 1[subsection (1) of section 3], shall be punishable with fine which may  extend to ten rupees, and, \r\nif she is entitled to maternity benefit under this Act shall forfeit her right to any maternity benefit not \r\nalready paid to her. \r\n 13. Penalty for contravention of Act by owner or manager. __(1) Any owner or manager of \r\na mine, who contravenes any provision of this Act for which no express penalty is provided, shall be \r\npunishable with fine which may extend to five hundred rupees. \r\n (2) The Court imposing the fine may, if the contravention has resulted in depriving a woman \r\nof any maternity benefit due to her, order the whole or any part of the fine when paid to be applied in \r\npayment of compensation to the woman for any loss caused to her by the contravention of the \r\nprovision on account of which the fine has been imposed, and an Appella te Court or the High Court \r\nin exercise of its powers of revision may also make such order. \r\n 14. Cognizance of cases. __ (1) No prosecution under this Act shall be instituted except by or \r\nwith the sanction of the Chief Inspector 1[or of an officer authorised in this behalf by the 2[Provincial \r\nGovernment]]. \r\n (2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable \r\nunder this Act or any rule made thereunder. \r\n \r\n1Subs. added and ins. by Act No. X of 1945, ss. 8-11. \r\n2Subs. by the Central Adaptation of Laws Order, 1964 (P. O No. 1 of 1964), Art. 2 and Sch. \r\n   \r\n \r\nPage 7 of 7 \r\n  \r\n  (3) No Court shall take cognizance of an offence punishable under this Act or any rule \r\nmade there under, unless complaint thereof is made within six months of the date on  which the \r\noffence is alleged to have been committed: \r\n Provided that in computing the said period of six months any time spent in obtaining the \r\nsanction 1[* * *] required by sub-section (1) shall be excluded. \r\n 15. Power of Provincial Government to make ru les.__ (1) The  2[Provincial Government] \r\nmay, subject to the condition of previous publication, by notification in t he official Gazette, make \r\nrules to carry out the purposes of this Act. \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay__ \r\n(a)      require the maintenance of registers and records for the purposes of this Act \r\nand prescribe the form thereof; \r\n \r\n(b)      prescribe the form of the notices referred to in section 4 and section 7, and \r\nrequire mines to supply copies thereof to women workers; \r\n \r\n(c)     regulate the examination of women 1[referred to in] section 4, and the grant of \r\nthe certificates therein referred to; \r\n \r\n(d)     prescribe the nature of and the method of furnishing the proof referred to in \r\nsection 7, section 8 and section 9; \r\n \r\n(e)     regulate the manner of applying for and paying maternity benefit; \r\n \r\n(f)     assign duties, to, and regulate the powers of, the Chief Inspector and \r\nInspectors, 1[and the officers authorised by the 2[Provincial Govern ment] \r\nreferred to in section 11 and sub -section (1) of section 14] for the purposes of \r\nthis Act. \r\n (3) Any rule made under this section may provide that a contravention thereof shall be \r\npunishable with fine which may extend to fifty rupees. \r\n 16. Abstract of  this Act and the rules made there under to be exhibited in mines. __ (1) \r\nThe manager of every mine in which women are employed shall cause an abstract in the local 3[*] \r\nlanguage of the provisions of this Act and of the rules made there under to be exhibited  in the mine \r\nin such manner that they may come to the notice of every woman employed in the mine. \r\n (2) For any contravention of the provisions of this section the manager shall be punishable \r\nwith fine which may extend to one hundred rupees. \r\n 17. Power of P rovincial Government to exempt mines from operation of Act.  The \r\n2[Provincial Government] may, by notification in the official Gazette, exempt any mine or class of \r\nmines from the operation of this Act. \r\n \r\n 18. Act binding on 4[Government]. The provisions of t his Act shall be binding on the \r\n4[Government]. \r\n73357           Date: 3-02-2025 \r\n \r\n1Omitted, subs. and ins. by Act No. X of 1945, ss. 11 and 12. \r\n2Subs. by the Central Adaptation of Laws Order, 1964 (P. O No. 1 of 1964), Art. 2 and Sch. \r\n3Omitted  by the Central Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n4Subs. by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), Art. 2 and Sch.",
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