PUNJAB MATERNITY BENEFIT ORDINANCE, 1958

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THE PUNJAB MATERNITY BENEFIT ORDINANCE, 1958 
(XXXII of 1958) 
CONTENTS 
1. Short title and extent. 
2. Definitions. 
3. Employment or work during certain periods. 
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. 
10. Cognizance of offences. 
11. Appeal against refusal to prosecute or grant sanction thereto. 
12. Limitation. 
13. Rules. 
14. Exhibition of Extracts. 
15. [Omitted] 
 
 
 
TEXT 
1
THE 
2
[PUNJAB] MATERNITY BENEFIT ORDINANCE, 1958 
(XXXII of 1958) 
[22 December 1958] 
An 
Ordinance 
to consolidate the law relating to employment of women in 
3
[establishments] in the 
4
[Punjab]. 
Preamble.– WHEREAS it is expedient to consolidate the law relating to employment 
of women in 
5
[establishments] in the 
6
[Punjab]; 
 NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7 th 
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 ti tle and extent .– (1) This Ordinance may be called the 
7
[Punjab] 
Maternity Benefit Ordinance, 1958. 
 
8
[(2) It extends
9
 to the whole of 
10
[
11
[the Punjab]].] 
2. Definitions.– (1) In this Ordinance, unless the context otherwise requires, the 
following expression s shall have the meanings hereby respectively assigned to 
them, that is to say– 
                                                           
1This Ordinance was promulgated by the Governor of West Pakistan on D ecember 17, 1958, published in the Gazette of West 
Pakistan (Extraordinary), dated December 22, 1958, pp. 1715-1721 and saved and given permanent effect by Article 225 of the 
Constitution of the Islamic Republic of Pakistan (1962). 
2Substituted for the words “Province of West Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), 
published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 2.  
3Substituted for the word “factories” by the Labour Laws ( Amendment) Act, 1994 (XI of 1994), published in the Gazette of 
Pakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3.  
4Substituted for the words “Province of West Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), 
published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 2.  
5Substituted for the word “factories” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazett e of 
Pakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3.  
6Substituted for the words “Province of West Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), 
published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 2.  
7Substituted for the words “West Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in 
the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 3(i).  
8Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West 
Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 16.  
9This Ordinance applied to the Tribal Areas of Balochistan by Regulation III of 1974 (29 July 1974), published in the Gazette of 
Balochistan (Extraordinary), dated July 29, 1974. 
10Substituted for the words “the Province of West Pakistan except t he Tribal Areas” by the Federal Adaptation of Laws Order, 
1975 (4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated August 1, 1975,  pp. 435-467, Article 2(1) read 
with Schedule, Part I, West Pakistan Ordinances.  
11Substituted for the wo rd “Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in the 
Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 3(ii).  
(a) “child” includes a still-born child; 
1
[(b) “Director of Labour Welfare” means the head of the Labour Welfare 
Directorate of the 
2
[Punjab], by whatever name called;] 
(c) “employer” means any person who has ultimate control over the 
appointment of a woman; 
3
[(d) “Establishment” means an organization, whether industrial, 
commercial, or otherwise;]  
4
[(e) “Government” means Government of the Punjab;] 
(f) “Inspector of Factories”  means a person appointed as Inspector of 
Factories under section 10 of the Factories Act, 1934
5
; 
(g) “maternity benefit” means the amount payable under the provisions of 
this Ordinance to a woman employed in 
6
[an establishment]; 
(h) “medical practitioner”  means a medical practitioner nominated for the 
purposes of this Ordinance by the employer with the approval of the 
Inspector of Factories; 
(i) “prescribed” means prescribed by rules made under this Ordinance; 
(j) “still-born child” means any child which h as 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” means wages as defined in clause (vi) of section 2  of the 
Payment of Wages Act, 1936
7
; 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
8
. 
9
[3. Employment or work during cer tain periods .– (1) An employer shall not 
employ a woman and a woman shall not be engaged in employment of any nature in 
any establishment during six weeks following the date on which she delivers a child.  
                                                           
1Substituted by the Federal Adaptation of Laws Order, 1975 (4 of 1975),  published in the Gazette of Pakistan (Extraordinary), 
dated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule, Part I, West Pakistan Ordinances.  
2Substituted for the word “Province” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of  2012), published in the 
Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 4(i).  
3Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), 
Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. 
4Substituted by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in the Punjab Gazette 
(Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 4(ii).  
5XXV of 1934. 
6Substituted for the words “a factory” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of 
Pakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. 
7IV of 1936. 
8XXV of 1934. 
9Substituted by the Punjab Maternity Benefit (Amendment) Act 2016 (X of 2016), published in the Punjab Gazette 
(Extraordinary), dated February 17, 2016, p. 3909, s. 2. 
 (2) An employer shall not ask an employed woman w orking on regular or 
temporary basis to do any work which is of arduous nature or which involves long 
hours of standing or which is likely to affect her health for a period of one month 
immediately:  
(a) preceding the period of six weeks before the date of  the expected 
delivery; and  
(b) succeeding six weeks after the date on which she delivers a child.] 
4. Right to and liability for payment of maternity benefit .– 
1
[(1) Subject to the 
provisions of this Ordinance, every woman employed in an establishment sh all 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 preceding 
and including the days on which she delivers the child and for each day of si x 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 p receding the 
day on which she delivers the child.]  
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 i n 
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. 
 (2) When such notice is received, the employer shall permit the woman to 
absent herself from the factory from the day 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 the 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 a child; or 
                                                           
1Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the  Gazette of Pakistan (Extraordinary), 
Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. 
2Omitted by the Act ibid. 
(ii) for the period six weeks before delivery and inc luding the day of 
delivery, within forty-eight hours of the production of proof that she has 
been delivered 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 entitled 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 proof is produced within six months of the delivery. 
 (4) The proof required to be produced under sub -section (3) shall be either 
a certified extract from a birth register or a  certificate 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 de livered 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 be nefit due 
1
[to the person nominated by her under sub -section (1) of section 5 for the benefit of 
all her legal representatives, or, if she has made no such nomination, to all her legal 
representatives]. 
 (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 upto and including 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 shall be paid to the person nominated by her under sub -section (1) of section 
5 
2
[for the benefit of all her legal representatives, or , if she has made no such 
nomination, to all her legal representatives]. 
7. No 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 law ful 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 dismissal is one to 
which clause (a) app lies, such question shall be referred to the 
Inspector of Factories; and an appeal from the Inspector’s decision 
                                                           
1Substituted by the West Pakistan Maternity Benefit (Amendment) Act, 1985 (VIII of 1985), published in the Gazette of Pakistan 
(Extraordinary), Part I, dated July 27, 1985, pp. 387-389, s. 2(a). 
2Substituted by the Act ibid., s. 2(b). 
shall, within sixty days thereof, lie to the Director of Labour Welfare 
whose decision shall be final. 
8. Penalty for working for payment durin g permitted period of absence .– If 
a woman does any work in any 
1
[establishment] for which she receives payment in 
cash or kind after she has been permitted by her employer to absent herself under 
the provisions of section 5, she shall be liable to a fine not exceeding 
2
[one hundred] 
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 
3
[three thousand] rupees. 
 (2) Whenever a Court 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 the fine recovered to be applied in the p ayment of 
compensation to the woman concerned for any loss or damage caused to her. 
10. Cognizance of offences .– (1) No prosecution under this Ordinance 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. 
 (2) Where the Inspector of Factories d ecides 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 Labo ur 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 first 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 
4
[or the person nominated by her or any 
of her legal representatives], the In spector 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 
5
[applicant] aggrieved by 
such order may, within thirty days of the date thereto appeal to the Director of Labour 
Welfare against such order; and the decision of the Director of Labour Welfare on 
                                                           
1Substituted for the word “factory” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of 
Pakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. 
2Substituted for the word “ten” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in the Punjab 
Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 5.  
3Substituted for the words “five hundred” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in 
the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 6.  
4Inserted by the West Pakistan Maternity Benefit (Amendment) Act, 1985 (VIII of 1985), published in the Gazette of Pakistan 
(Extraordinary), Part I, dated July 27, 1985, pp. 387-389, s. 3(a). 
5Substituted for the words “employer or the woman” by the Act ibid., s. 3(b).  
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 the 
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 a 
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
2
; 
(b) the inspection of 
3
[establishments] 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  
(f) procedure to be observed in the disposal of appeals under sub -section 
(2) of section 7 or sub-section (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 befor e the   
4
[* *] 
Provincial Assembly, as soon as may be after they are made, and if the Assembly 
within next subsequent 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 s hall 
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 regional langu age shall be exhibited in a conspicuous 
                                                           
1Inserted by the Act ibid., s. 3(c).  
2XXV of 1934. 
3Substituted for the word “factories” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of 
Pakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. 
4Omitted the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule, Part I, West Pakistan Ordinances. 
manner by the employer in every part of the 
1
[establishment] in which women are 
employed. 
2
[15. * * * * * * * * *   ] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1Substituted for the word “factory” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of 
Pakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. 
2Omitted by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in the Punjab Gazette 
(Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 7.