West Pakistan Maternity Benefit Ordinance, 1958

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 99c945ada1b86a5677cef11d733829cbd18c2871f4d563e21739a50779a830e4.

Page 1 of 7 
 
 
 
 
THE WEST PAKISTAN MATERNITY BENEFIT ORDINANCE, 
1958 
 
 
 
  CONTENTS  
1. Short title and extent. 
2.  Definitions. 
3.  Employment of, or work by, women in factories prohibited during certain period. 
4.  Right to and liability for payment of maternity benefit. 
5.  Procedure regarding payment of maternity benefit. 
6.  Payment of maternity benefit in case of a woman's death. 
7.  No notice of dismissal to be given to a woman in certain cases. 
8.  Penalty for working for payment during permitted period of absence. 
9.  Penalty for contravention of this Ordinance by an employer and application of fine in                                                            
 payment of compensation. 
10.  Cognizance of offences. 
11.  Appeal against refusal to prosecute or grant sanction thereto. 
12.  Limitation. 
13.  Rules. 
14.  Exhibition of extracts. 
15.  Repeal and savings. 
 
 
 

 
 
Page 2 of 7 
 
1THE WEST PAKISTAN MATERNITY BENEFIT ORDINANCE, 1958 
(W. P. Ordinance  of 1958) 
[22nd December, 1958] 
An Ordinance to consolidate the law relating to employment of women in 2[establishments] in the 
Province of West Pakistan. 
WHEREAS it is expedient to consolida te the law relating to employment of women in 
2[Establishments] in the Province of West Pakistan 
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 
1958, and in exercise of all powers enabling him in that behalf the Governor of West Pakistan is pleased 
to make and promulgate the following Ordinance— 
1. Short title and extent. —(1)This Ordinance may be called the West Pakistan Maternity 
Benefit Ordinance, 1958.  
3[(2) It extends to the whole of 4[Pakistan]. 
2. Definitions.—(1) In this Ordinance, unless the context otherwise requires, the following 
expressions shall have the meanings hereby respectively assigned to them, that is to say— 
(a)  “child” includes a still-born child: 
5[(b)  “Director of Labour Welfare” means the head of the Labour Welfare Directorate 
of the Province, by whatever name called;] 
(c)  “employer” means any person who has ultimate control over the appointment 
of a woman; 
2[(d) “Establishment” means an organization, weather indus trial, commerc ial, or 
otherwise;]; and 
(e)  “Government” means the 6[Provincial Government]; 
(f)  “Inspector of Factories ” means a person appo inted as Inspector of Factories 
under section 10 of the Factories Act, 1934; 
(g)  “maternity benefit” mea ns the amount payable under the provisions of this 
Ordinance to a woman employed in 2[an Establishment;] 
_________________________________________________________________________________ 
1 This Ord, was promulgated by the Governor of W. P. on 17th Dec., 1958; published in the W. P. Gazette (Extraordinary), dated 22nd Dec., 1958, pages 
1715-21; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). 
2 Subs by Act XI of 1994 s.2 & Sch. 
3 Subs. by W. P. Ord. VII of 1964.  
4 Subs., for the words “the Province of West Pakistan, except the Tribal Areas” by P. O. 4 of 1975. 
5 Subs. ibid. 
6 Subs. for “Government of Pakistan”, by P.O .4 of 1975. 
 
 
Page 3 of 7 
 
 (h)  “medical practitioner” means a medical practitioner nominated for the purposes 
of this O rdinance by the employer with the approval of the Inspector of  
Factories; 
(1) “prescribed means prescribed by rules made under this Ordinance; 
(j)  “still-born child” means any child which has issued forth from its mother after 
the twenty-eighth week of pregnancy and which did not at any time after being 
completely expelled from its mother, breathe or show any other signs of life; 
(k)  “wages” meats wages as defi ned in clause ( vi) of section 2 of the Payment of 
Wages Act, 1936; and  
(l) woman” means a woman worker. 
(2) Expressions used in this Ordinance but not defined  herein shall have the meanings 
respectively assigned to them in the Factories Act, 1934. 
3. Employment of, or work by, women in factories prohibited during certain period.—No 
employer shall knowingly employ a woman and no woman shall engage in employment in any 
1[Establishment] during the six weeks following the date on which the is delivered of a child. 
4. 1[Right to and liability for payment of maternity benefit. (1) Subject to the provisions of 
this ordinance, every woman employed in an establishment shall be entitled to, and her employer shall  
be liable for, the payment of maternity benefit at the rate of her wages last paid during the period of 
six weeks immediately proceeding and including the days on which she deliver the child and for each 
day of six weeks succeeding that day: 
Provided that a woman shall not be entitled to maternity benefit unless she has been employed 
in the establishment of the employer from whom she claims maternity benefit for a period of not less 
than four months immediately proceeding the day on which she delivers the child; and] 
2. 2[* *   *]  
5. Procedure regarding payment of maternity benefit. —(1) Any woman entitled to 
maternity benefit,— 
(a)  who is pregnant may, give notice either orally in person or in writing in the 
prescribed form to the employer that she expects to be confined within six weeks 
next following and may therein nominate a person for the purposes of section 
6:  
(b)  who has not given the notice referred to in clause (a) and has been delivered of 
a child, shall within seven days, give similar notice that she has been delivered 
of a child. 
 
1 Subs by Act XI of 1994  s .2 & Sch. 
2 Omitted by Act XI of 1994, s.2 & Sch. 
 
 
Page 4 of 7 
 
 (2) When such notice is received, the employer shall permit the woman to absent herself from 
the factory from the date following the date of notice in the case mentioned in clause (a) of sub-section 
(1) and from the day of delivery in the case mentioned in clause ( b) thereof, until six weeks after the 
day of delivery. 
(3) An employer shall pay maternity benefit for twelve weeks to a woman entitled thereto in 
any of following ways selected by the woman, namely:—  
(i)  for six weeks before delivery within forty-eight hours of the production 
of a certificate signed by the medical practitioner stating that the woman 
is expected to be confined within six weeks of the date of the certificate, 
and for the remainder of the period for which she is entitled to maternity 
benefit within forty-eight hours of the production of the proof that she 
has been delivered of child: or 
(ii)  for the period of six weeks before delivery and including the day of 
delivery, within forty-eight hours of the production of proof that she has 
been de livered of a child and, for the remainder of the said period, 
within six weeks of the production of such proof; or 
(iii)  for the whole of the said period of twelve weeks, within forty-eight hours 
of the production of proof that she has been delivered of a child: 
Provided that a woman shall not be en titled to any maternity benefit or any part thereof, the 
payment of which is dependent upon the production of proof under this sub-section that she has been 
delivered of a child, unless such pro f is produced within six months of the delivery. 
(4) The proof required to be produced under subsection (3) shall be either a certified extract 
from a birth register or a certifi cate signed by the medical practitioner or such other proof as may be 
accepted by the employer. 
6. Payment of maternity benefit in case of a woman’s death.  (1) If a woman entitled to 
maternity benefit under this Ordinance dies on the day she is delivered of a child or during the period 
thereafter for which she is entitled to the maternity benefit, the employer's liability under sub -section 
(1) of section 4 shall not, by reason of her death, be discharged, and he shall pay the amount of 
maternity benefit du e [to the person nominated by her under sub -section (1) of section (5) for the 
benefit of all her legal representative, or , if she has made no such nomination , to all her legal 
representatives] 
 
 
 
 
 
 
 
 
1 Subs., by Act, VIII of 1985, s.2. 
 
 
 
Page 5 of 7 
 
(2) If a woman dies during the period for which she is entitled to maternity benefit but before 
she is delivered of a child, the employer shall be liable only for the period up to and incinding the day 
of her death, provided that any sum already paid to her  in excess of such liability under clause ( i) of 
sub-section (3) of section 5 shall not be recoverable from her legal representative; and any amount due 
at the woman's death  1[for the benefit of all her legal representative, or, if she has made no such 
nomination, to all her legal representatives] 
7. Not notice of dismissal to be given to a woman in certain cases. —(1) When a woman 
absents herself from work in accordance with the provisions of this Ordinance, it shall not  be lawful 
for her employer to give her notice of dismissal during such absence or on such a day that the notice 
will expire during such absence.  
(2) (a) No notice of dismissal given without sufficient cause by an employer to a woman 
within a period of six months before delivery shall have the effect of depriving 
her of any maternity benefit to which but for such notice she may have become 
entitled under this Ordinance 
(b)  If any question arises as to whether any notice of dis missal is one to which 
clause (a) applies, such question shall be referred to the Inspector of Factories; 
and an appeal from the Inspector's decision shall, within sixty days thereof , lie 
to the Director of Labour Welfare whose decision shall be final.  
8. Penalty for working for payment during permitted period of absence. If a woman does 
any work in any 2[Establishment] for which she receives payment in cash or kind after she has bee n 
permitted by her employer to absent herself under the provisions of section 5, she shall be liable to a 
fine not exceeding ten rupees. 
9. Penalty for contravention of this Ordinance by an employer and application of fine in 
payment of compensation. —(1) If any employer contravenes any provision of this Ordinance, he 
shall be liable to a fine which may extend to five hundred rupees.  
(2) Whenever a Count imposes a fine under this section or confirms in appeal, revision or 
otherwise such a sentence, it may, when passing judgment order the whole or any part of compensation 
the fine recovered to be applied in the payment of compensation to the woman concerned for any loss 
or damage caused to her 
10. Cognizance of offences. —(1) No prosecution under this Ordinan ce shall be instituted 
except by, or with, the previous sanction of the inspector of Factories and no such prosecution shall be 
instituted until the expiry of the period of appeal under sub-section (2) or, if such an appeal is preferred, 
unless the Director of Labour Welfare by his order thereon, sanctions a prosecution.  
 
 
 
 
 
 
 
1Subs. by Act, VIII of 1985. s.2.  
2Subs by Act XI of 1994 s.2 & Sch. 
 
 
 
Page 6 of 7 
 
 (2) Where the Inspector of Factories decides either to institute a prosecution under this 
Ordinance or to grant sanction thereto, he shall forthwith communicate his order to the person 
complained against, who may, within thirty days of the date of the said order, appeal to the Director 
of Labour Welfare against such decision; and the decision of the Director of Labour Welfare on such 
appeal shall be final and shall not be liable to be contested by suit or otherwise.  
(3) No Court inferior to that of a magistrate of the fir class shall try any offence against this 
Ordinance or any rule made thereunder. 
11. Appeal against refusal to prosecute or grant sanction thereto. —Where on an 
application by an employer or a woman 1[or a person nominated by her or any of her legal 
representative] the Inspector of Factories refuses either to institute a prosecution under this Ordinance, 
or to grant sanction thereto, he shall without delay communicate to the applicant his order of refusal, 
and an 1[applicant] aggrieved by such order may, within thirty days of the date thereof appeal to the 
Director of Labour Welfare against such order; and the decision of the Director of Labour Welfare on 
such appeal 1[which shall be taken after affording to the applicant an opportunity of being heard ] shall 
be final. 
12. Limitation.—No Court shall take cognizance of any offence against this Ordinance or any 
rule made thereunder unless complaint thereof has been made to the Inspector of Factories within six 
months of the date on which the offence is alleged to have been committed. 
13. Rules.—(1) Government may make rules to carry out the purposes of this Ordinance  
(2) In particular and without prejudice to the generality of the foregoing power, such rules may 
provide for— 
(a)  the preparation and maintenance of a muster roll or register or combined muster 
roll and register and the particulars to be entered in such muster roll, register or 
combined muster roll and register or in the register kept or deemed to have been 
kept under section 41 of the Factories Act, 1934 (XXV of 1934); 
(b)  the inspection of 2[Establishment] for the purposes of this Ordinance by the 
Inspector of factories; 
(c)  the exercise of powers and the performance of duties  by the Inspector of 
Factories for the purposes of this Ordinance; 
(d)  the method of payment of maternity benefit in so far as provision has not been 
made in this Ordinance; 
(e)  the forms of notice under clause (a) and clause (b) of sub-section (1) of section 
5; and 
 
 
 
 
1 Ins &  Sub by Act VIII of 1985.s.3. 
2 subs by Act XI of 1994, s.2 & sch. 
 
 
 
Page 7 of 7 
 
(f)  procedure to be observed in the d isposal of appeals  under sub-section (2) of 
section 7 or subsection (2) of section 10 or section 11. 
(3) Any such rule may provide that a contravention thereof shall be punishable with fine which 
may extend to two hundred and fifty rupees. 
(4) All rules made under this Ordinance shall be laid before the 1[* * *] Provincial Assembly, 
as soon as may be after they are made, and if the Assembly within next su bsequent seven days on 
which the Assembly has sat after any such rule has been laid before it, resolves that the rule shall be 
annulled , the rule shall forthwith be void, but without prejudice to the validity of anything previously 
done thereunder or to the making of a new rule. 
14. Exhibition of extracts . An abstract of the provisions of this Ordinance and the rules 
thereunder in the regi onal language shall be exhibited in a conspicuous manner by the employer in 
every part of the 2[Establishment] in which women employed.  
15.Repal and savings.—(1) The following enactments are hereby repealed:— 
3(a)  the Sind Maternity Benefit Act, 1929: 
(aa)  the Bombay Maternity Benefit Act, 1929, as applicable in the District of 
Karachi; 
(b)  the Punjab Maternity Benefit Act, 1943, 
 (2) Notwithstanding the repeal of the enactment mentioned in sub-section (1), everything done, 
action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, 
officer appointed or person authorised, jurisdiction or power conferred, rule made and order issued 
under any of the provisions of the said enactments shall, if not inconsistent with the provisions of this 
Ordinance, continue in force and, so far as may be, be deemed to have been respectively done, taken, 
incurred, commenced, appointed, authorised, conferred, made or issued under this Ordinance. 
 
 
 
 
 
 
 
 
1 The words “West Pakistan”, del. by P. O. 4 of 1975. 
2 Subs by Act XI of 1994 .s.2 &  Sch. 
3 Subs., for clause (a), by W. P. Ord. VII of 1964.