{ "schema_version": "qanun-law-text/1", "id": "punjab-code-b95caf7bdaf082b5", "title": "WEST PAKISTAN MATERNITY BENEFIT ORDINANCE, 1958", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VGECMQAxAjc-", "version": null, "source_snapshot": "2026-08-06T17:06:11Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "1b3c1adbae0d82eab7de5685a6dbeac4f96eeea3b62308e085be04169193d192", "source_sha256": "1b3c1adbae0d82eab7de5685a6dbeac4f96eeea3b62308e085be04169193d192", "text_version_id": "law:punjab-code-b95caf7bdaf082b5:sha256:1b3c1adbae0d82eab7de5685a6dbeac4f96eeea3b62308e085be04169193d192", "quality_flags": [], "encoding": "UTF-8", "text": "WEST PAKISTAN MATERNITY BENEFIT ORDINANCE, 1958 \r\n(XXXII of 1958) \r\nCONTENTS \r\n1. Short title and extent \r\n2. Definitions \r\n3. Employment of, or work by, women in factories prohibited during certain \r\nperiod \r\n4. Right to and liability for payment of maternity benefit \r\n5. Procedure regarding payment of maternity benefit \r\n6. Payment of maternity benefit in case of a woman's death \r\n7. No notice of dismissal to be given to a woman in certain cases \r\n8. Penalty for working for payment during permitted period of absence \r\n9. Penalty for contravention of this Ordinance by an employer and \r\napplication of fine in payment of compensation \r\n10. Cognizance of offences \r\n11. Appeal against refusal to prosecute or grant sanction thereto \r\n12. Limitation \r\n13. Rules \r\n14. Exhibition of abstract \r\n15. Repeal and savings \r\nTEXT \r\nWEST PAKISTAN MATERNITY BENEFIT ORDINANCE, 1958\r\n1\r\n \r\n(XXXII of 1958) \r\n[17th December, 1958] \r\nAn \r\nOrdinance \r\nto consolidate the law relating to employment of women in \r\n2\r\n[establishments] in the \r\nProvince of West Pakistan. \r\nPreamble.– WHEREAS it is expedient to consolidate the law relating to \r\nemployment of women in \r\n3\r\n[establishments] in the Province of West Pakistan; \r\nNow, Therefore, in pursuance of the Presidential Proclamation of the 7th day \r\nof October, 1958, and in exercise of all powers enabling him in that behalf the \r\nGovernor of West Pakistan , is pleased to make and promulgate the following \r\nOrdinance:- \r\n1. Short title and extent.– (1) This Ordinance may be called the West Pakistan \r\nMaternity Benefit Ordinance, 1958. \r\n4\r\n(2) It extends to the whole of \r\n5\r\n[Pakistan]. \r\n2. Definitions.– (1) In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(a) “child” includes a still-born child; \r\n6\r\n[(b) “Director of Labour Welfare” means the head of the Labour Welfare \r\nDirectorate of the Province, by whatever name called;] \r\n(c) “employer” means any person w ho has ultimate control over the \r\nappointment of a woman; \r\n7\r\n[(d) “Establishment” means an organization, whether industrial, \r\ncommercial, or otherwise;] \r\n \r\n1Published in the Gaz. of West Pakistan Extr., 22 Dec. 1958 P.1715 \r\n2Subs. for the word “Factories” in long title and in the preamble by the Labour Laws (Amendment) Ac t, 1994 (XI \r\nof 1994), S. (31) and 3(2) respectively. Gaz. of Pakistan Extra., pt. 1 June 29, 1994 pp. 224 – 235. \r\n3Subs. for the word “Factories” in long title and in the preamble by the Labour Laws (Amendment) Act, 1994 (XI \r\nof 1994), S. (31) and 3(2) respectively. Gaz. of Pakistan Extra., pt. 1 June 29, 1994 pp. 224 – 235. \r\n4Sub- sec. 2 subs. for the original by West Pakistan Ord. VII of 1964, sch \r\n5(a) subs. for the Province of West Pakistan except the “Tribal Areas” by P,O. 4 of 1975, section 2(1) & Sc h. Gaz. \r\nof Pak. EXtr. Pt. I, 1 Augt, 1975, p, 435 \r\n(b) Ordinance applied to the Tribal Areas, of Balochistan by Regulation, III of 1974 (29 July 1974) Gaz. of \r\nBalochistan Extr., 29 July, \r\n6Cl (b) subs. for the original Cl. (b), ibid \r\n7Subs. for the Origina l Cl. (d) by the Labour Laws (Amendment) Act 1994 (XI of 1994), S. 3(3)(a) Gaz. of Pak. Extr, Pt. 1, \r\nJu;ne 29, 1994, pp.224-235. \r\n(e) “Government” means the \r\n8\r\n[Provincial Government]; \r\n(f) “Inspector of Factories” means a person appointed as Inspector of \r\nFactories under section 10 of the Factories Act, 1934 (XXV of 1934); \r\n(g) “maternity benefits” means the amount payable under the provisions of \r\nthis Ordinance to a woman employed in \r\n9\r\n[an establishment]; \r\n(h) “medical practitioner” means a med ical practitioner nominated for the \r\npurposes of this Ordinance by the employer with the approval of the \r\nInspector of Factories; \r\n(i) “prescribed” means prescribed by rules made under this Ordinance; \r\n(j) “still-born child” means any child which has issued fo rth from its mother \r\nafter the twenty -eighth week of pregnancy and which did not at any \r\ntime after being completely expelled from its mother, breathe or show \r\nany other signs of life; \r\n(k) “wages” means wages as defined in clause ( vi) of section 2 of the \r\nPayment of Wages Act, 1936 (IV of 1936); and \r\n(l) “woman” means a woman worker. \r\n(2) Expressions used in this Ordinance but not defined herein shall have \r\nthe meaning respectively assigned to them in the Factories Act, 1934 (XXV of 1934). \r\n3. Employment of, or work by, women in factories prohibited during certain \r\nperiod.– No employer shall knowingly employ a woman and no woman shall engage \r\nin employment in any \r\n10\r\n[establishment] during the six weeks following the date on \r\nwhich she is delivered of a child. \r\n4. Right to and liability for payment of maternity benefit.– \r\n11\r\n[(1) Subject to the \r\nprovisions of this Ordinance, every woman employed in an establishment shall be \r\nentitled to, and her employer shall be liable for, the payment of maternity benefit at \r\nthe rate of her wages last paid during the period of six weeks immediately preceding \r\nand including the days on which she delivers the child and for each day of six weeks \r\nsucceeding that day: \r\nProvided that a woman shall not be entitled to maternity benefit unless she \r\nhas be en employed in the establishment of the employer from whom she claims \r\nmaternity benefit for a period of not less than four months immediately preceding the \r\nday on which she delivers the child.] \r\n \r\n12\r\n[* * * * * * * * * * * *] \r\n5. Procedure regarding payment of maternity benefit .– (1) Any woman \r\nentitled to maternity benefit,– \r\n \r\n8Subs. for “Government of West Pakistan”, ibid. \r\n9Subs. for “a factory” ibid, s 3(3)(a). \r\n10Subs. for “factory” by the Labour Laws (Amendment) Act 1994 (XI of 1994) S.3(4) Gaz. of Pak. Extr. Pt, I, June 29, 1994, pp. \r\n224-235. \r\n11Sub. Ibid S. 3(5)(a) \r\n12Sub-section (2) of Section 4 omitted by the Labour Laws (Amendment) Ord., 1993 (XIII), No. F.2(I)/93, Pub. The 25 th Sept. \r\n1993, s. 3(5)(b). \r\n(a) who is pregnant, may give notice either orally in person or in writing in \r\nthe prescribed form to the employer that she expects to be confined \r\nwithin six weeks next following and may the rein nominate a person for \r\nthe purposes of section 6; \r\n(b) who has not given the notice referred to in clause ( a) and has been \r\ndelivered of a child, shall within seven days, give similar notice that she \r\nhas been delivered of a child. \r\n(2) When such notice is received, the employer shall permit the woman to \r\nabsent herself from the factory from the date following the date of notice in the case \r\nmentioned in clause ( a) of sub -section (1) and from the day of delivery in the case \r\nmentioned in clause (b) thereof, until six weeks after the day of delivery. \r\n(3) An employer shall pay maternity benefit for twelve weeks to a woman \r\nentitled thereto in any of following ways selected by the woman, namely:- \r\n(i) for six weeks before delivery within forty -eight hours of the pr oduction \r\nof a certificate signed by the medical practitioner stating that the \r\nwoman is expected to be confined within six weeks of the date of the \r\ncertificate, and for the remainder of the period for which she is entitled \r\nto maternity benefit within forty -eight hours of the production of the \r\nproof that she has been delivered of a child; or \r\n(ii) for the period of six weeks before delivery and including the day of \r\ndelivery, within forty-eight hours of the production of proof that she has \r\nbeen delivered of a c hild and, for the remainder of the said period, \r\nwithin six weeks of the production of such proof; or \r\n(iii) for the whole of the said period of twelve weeks, within forty -eight \r\nhours of the production of proof that she has been delivered of a child: \r\n Provided that a woman shall not be entitled to any maternity benefit or any \r\npart thereof, the payment of which is dependent upon the production of proof under \r\nthis sub -section that she has been delivered of a child, unless such proof is \r\nproduced within six months of the delivery. \r\n(4) The proof required to be produced under sub -section (3) shall be either \r\na certified extract from a birth register or a certificate signed by the medical \r\npractitioner or such other proof as may be accepted by the employer. \r\n6. Payment of maternity benefit in case of a woman’s death.– (1) If a woman \r\nentitled to maternity benefit under this Ordinance dies on the day she is delivered of \r\na child or during the period thereafter for which she is entitled to the maternity \r\nbenefit, the employer’s liability under sub-section (1) of section 4 shall not, by reason \r\nof her death, be discharged, and he shall pay the amount of maternity benefit due, \r\n13\r\n[to the person nominated by her under subsection (1) of section 5 for the benefit of \r\nall her legal representatives, or, if she has made no such nomination, to all her legal \r\nrepresentatives. \r\n(2) If a woman dies during the period for which she is entitled to maternity \r\nbenefit but before she is delivered of a child, the employer shall be liable only for the \r\nperiod upto and including the day of her death, provided that any sum already paid to \r\n \r\n13Subs. for the original words, semi.colon, brackets and figures by Act VIII of 1985, s. 2[See 1985 PLS 571] \r\nher in excess of such liability under clause ( i) of sub-section (3) of section 5 shall not \r\nbe recoverable from her legal representative ; and any amount due at the woman’s \r\ndeath shall be paid to the person nominated by her under sub -section (1) of section \r\n5, \r\n14\r\n[for the benefit of all her legal representatives, or, if she has made no such \r\nnomination, to all her legal representatives]. \r\n7. No notice of dismissal to be given to a woman in certain cases .– (1) \r\nWhen a woman absents herself from work in accordance with the provisions of this \r\nOrdinance, it shall not be lawful for her employer to give her notice of dismissal \r\nduring such absence or on such a day that the notice will expi re during such \r\nabsence. \r\n(2) (a) No notice of dismissal given without sufficient cause by an employer to \r\na woman within a period of six months before delivery shall have the \r\neffect of depriving her of any maternity benefit to which , but for such \r\nnotice she may have become entitled under this Ordinance. \r\n (b) If any question arises as to whether any notice of dismissal is one to \r\nwhich clause ( a) applies, such question shall be referred to the Inspector of \r\nFactories; and an appeal from the Inspector’s decision shall, within sixty days \r\nthereof, lie to the Director of Labour Welfare whose decision shall be final. \r\n8. Penalty for working for payment during permitted period of absence .– If \r\na woman does any work in any \r\n15\r\n[establishment] for which she receives payment i n \r\ncash or kind after she has been permitted by her employer to absent herself under \r\nthe provisions of section 5, she shall be liable to a fine not exceeding ten rupees. \r\n9. Penalty for contravention of this Ordinance by an employer and \r\napplication of fine in payment of compensation.– (1) If any employer contravenes \r\nany provision of this Ordinance, he shall be liable to a fine which may extend to five \r\nhundred rupees. \r\n(2) Whenever a Court imposes a fine under this section or confirms in \r\nappeal, revision or oth erwise such a sentence, it may, when passing judgement , \r\norder the whole or any part of the fine recovered to be applied in the payment of \r\ncompensation to the woman concerned for any loss or damage caused to her. \r\n10. Cognizance of offences .– (1) No prosecut ion under this Ordinance shall be \r\ninstituted except by, or with, the previous sanction of the Inspector of Factories and \r\nno such prosecution shall be instituted until the expiry of the period of appeal under \r\nsub-section (2) or, if such an appeal is preferr ed, unless the Director of Labour \r\nWelfare by his order thereon, sanctions a prosecution. \r\n(2) Where the Inspector of Factories decides either to institute a \r\nprosecution under this Ordinance or to grant sanction thereto, he shall forthwith \r\ncommunicate his or der to the person complained against, who may, within thirty \r\ndays of the date of the said order, appeal to the Director of Labour Welfare against \r\nsuch decision; and the decision of the Director of Labour Welfare on such appeal \r\nshall be final and shall not be liable to be contested by suit or otherwise. \r\n \r\n14Subs. for the original words, ibid. \r\n15Subs. for the Word “Factory” by the Labour Laws (Amendment) Act, 1994 (XI of 1994) section 3(6). G az. of Pak. Extr. Pt. 1, \r\nJune 29, 1994 pp. 224-235. \r\n(3) No Court inferior to that of a magistrate of the first class shall try any \r\noffence against this Ordinance or any rule made thereunder. \r\n11. Appeal against refusal to prosecute or grant sanction thereto.– Where on \r\nan application by an employer or a woman, \r\n16\r\n[or the person nominated by her or any \r\nof her legal representative s] the Inspector of Factories refuses either to institute a \r\nprosecution under this Ordinance, or to grant sanction thereto, he shall withou t delay \r\ncommunicate to the applicant his order of refusal and an \r\n17\r\n[applicant] aggrieved by \r\nsuch order may, within thirty days of the date thereto appeal to the Director of Labour \r\nWelfare against such order; and the decision of the Director of Labour Welfar e on \r\nsuch appeal \r\n18\r\n [which shall be taken after affording to the applicant an opportunity of \r\nbeing heard] shall be final. \r\n12. Limitation.– No Court shall take cognizance of any offence against the \r\nOrdinance or any rule made thereunder unless complaint there of has been made to \r\nthe Inspector of Factories within six months of the date on which the offence is \r\nalleged to have been committed. \r\n13. Rules.– (1) Government may make rules to carry out the purposes of this \r\nOrdinance. \r\n (2) In particular and without preju dice to the generality of the foregoing \r\npower, such rules may provide for– \r\n(a) the preparation and maintenance of a muster roll or register or \r\ncombined muster roll and register and the particulars to be entered in \r\nsuch muster roll, register or combined mus ter roll and register or in the \r\nregister kept or deemed to have been kept under section 41 of the \r\nFactories Act, 1934 (XXV of 1934); \r\n(b) the inspection of \r\n19\r\n[establishment] for the purposes of this Ordinance by \r\nthe Inspector of Factories; \r\n(c) the exercise of powers and the performance of duties by the Inspector \r\nof Factories for the purposes of this Ordinance; \r\n(d) the method of payment of maternity benefit in so far as provision has \r\nnot been made in this Ordinance; \r\n(e) the forms of notice under clause (a) and clause (b) of sub-section (1) of \r\nsection 5; and \r\n(f) procedure to be observed in the disposal of appeals under sub -section \r\n(2) of section 7 or subsection (2) of section 10 or section 11. \r\n (3) Any such rule may provide that a contravention thereof shall be \r\npunishable with fine which may extend to two hundred and fifty rupees. \r\n \r\n16Words inserted by Act, VIII of 1985, s. 3(a). \r\n17Subs. for “employer or a woman”, ibid, s. 3(b). \r\n18Words inserted, ibid, s.3(c). \r\n19Subs. for the Word “{Factories” by the Labour Laws (Amendment) Act 1994 XI of 1994). S. 3(7) Gaz. of Pak Extr. Pt. 1, June \r\n29, 1994, pp. 224-235. \r\n(4) All rules made under this Ordinance shall be laid before the \r\n20\r\n[* * *] Provincial Assembly, as soon as may be after they are made, and if the \r\nAssembly within next subsequent seven days on which the Assembly has sat after \r\nany such rule has been laid before it, resolves that the rule shall be annulled, the rule \r\nshall forthwith be void, but without prejudice to the validity of anything previously \r\ndone thereunder or to the making of a new rule. \r\n14. Exhibition of Abstract.– An abstract of the provisions of this Ordinance and \r\nthe rules thereunder in the regional language shall be exhibited in a conspicuous \r\nmanner by the employer in every part of the \r\n21\r\n[establishment] in which women are \r\nemployed. \r\n15. Repeal and savings.– (1) The following enactments are hereby repealed:– \r\n22 [(a) the Sind Maternity Benefit Act, 1929; \r\n(aa) the Bombay Maternity Benefit Act, 1929, as applicable in the District of \r\nKarachi;] \r\n(b) the Punjab Maternity Benefit Act, 1943. \r\n(2) Notwithstanding the repeal of the enactments mentioned in sub -section \r\n(1), everything done, action taken, obligation, liability, penalty or punishment \r\nincurred, inquiry or proceeding commenced, officer appointed or person authorised, \r\njurisdiction o r power conferred, rule made and order issued under any of the \r\nprovisions of the said enactments shall, if not inconsistent with the provisions of this \r\nOrdinance, continue in force and, so far as may be, be deemed to have been \r\nrespectively done, taken, inc urred, commenced, appointed, authorised, conferred, \r\nmade or issued under this Ordinance. \r\n \r\n20The words “West Pakistan” omitted P.O. 4 of 1975, section 2(3), GAz. of Paki. Extra, Pt. 1, 1 Aug. 1975, p. 435. \r\n21Subs. for the word “Factory” by the Labour Law (Amendment) Act 1 994 (XI of 1994), S. 3(8). Gaz. of Pak Extr. Pt. 1, June \r\n29, 1994, pp. 224-235. \r\n22Clause (a) and (aa) subs. for the original clause by West Pakistan Ord. 1964 Sch.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-b95caf7bdaf082b5:sha256:1b3c1adbae0d82eab7de5685a6dbeac4f96eeea3b62308e085be04169193d192:chars-0-1724:74908ae506fb4be4c77aac0a0124ddbfa9ce62551145100c01dd746c7078578f", "character_start": 0, "character_end": 1724, "utf8_byte_start": 0, "utf8_byte_end": 1730, "passage_sha256": "74908ae506fb4be4c77aac0a0124ddbfa9ce62551145100c01dd746c7078578f", "reader_fragment": "p-0-1724-74908ae506fb4be4" }, { "passage_id": "law:punjab-code-b95caf7bdaf082b5:sha256:1b3c1adbae0d82eab7de5685a6dbeac4f96eeea3b62308e085be04169193d192:chars-1724-3472:f38a66a74dbef20e5e27630cb1d2f2fa98990880a39deb508476110fc83b5dd5", "character_start": 1724, "character_end": 3472, "utf8_byte_start": 1730, "utf8_byte_end": 3520, "passage_sha256": 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