{ "schema_version": "qanun-law-text/1", "id": "punjab-code-d7f676ad48c7419e", "title": "PUNJAB 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/XGlWZQIyVGY-", "version": null, "source_snapshot": "2026-08-06T16:58:38Z", "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": "f46cee868a87c53f8a0d5d53def979be365c892e12940d48b500c4b2bc4cc12c", "source_sha256": "f46cee868a87c53f8a0d5d53def979be365c892e12940d48b500c4b2bc4cc12c", "text_version_id": "law:punjab-code-d7f676ad48c7419e:sha256:f46cee868a87c53f8a0d5d53def979be365c892e12940d48b500c4b2bc4cc12c", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB MATERNITY BENEFIT ORDINANCE, 1958 \r\n(XXXII of 1958) \r\nCONTENTS \r\n1. Short title and extent. \r\n2. Definitions. \r\n3. Employment or work during certain periods. \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. \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 Extracts. \r\n15. [Omitted] \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] MATERNITY BENEFIT ORDINANCE, 1958 \r\n(XXXII of 1958) \r\n[22 December 1958] \r\nAn \r\nOrdinance \r\nto consolidate the law relating to employment of women in \r\n3\r\n[establishments] in the \r\n4\r\n[Punjab]. \r\nPreamble.– WHEREAS it is expedient to consolidate the law relating to employment \r\nof women in \r\n5\r\n[establishments] in the \r\n6\r\n[Punjab]; \r\n NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7 th \r\nday of 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 ti tle and extent .– (1) This Ordinance may be called the \r\n7\r\n[Punjab] \r\nMaternity Benefit Ordinance, 1958. \r\n \r\n8\r\n[(2) It extends\r\n9\r\n to the whole of \r\n10\r\n[\r\n11\r\n[the Punjab]].] \r\n2. Definitions.– (1) In this Ordinance, unless the context otherwise requires, the \r\nfollowing expression s shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n \r\n1This Ordinance was promulgated by the Governor of West Pakistan on D ecember 17, 1958, published in the Gazette of West \r\nPakistan (Extraordinary), dated December 22, 1958, pp. 1715-1721 and saved and given permanent effect by Article 225 of the \r\nConstitution of the Islamic Republic of Pakistan (1962). \r\n2Substituted for the words “Province of West Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 2. \r\n3Substituted for the word “factories” by the Labour Laws ( Amendment) Act, 1994 (XI of 1994), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. \r\n4Substituted for the words “Province of West Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 2. \r\n5Substituted for the word “factories” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazett e of \r\nPakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. \r\n6Substituted for the words “Province of West Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 2. \r\n7Substituted for the words “West Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in \r\nthe Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 3(i). \r\n8Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West \r\nPakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 16. \r\n9This Ordinance applied to the Tribal Areas of Balochistan by Regulation III of 1974 (29 July 1974), published in the Gazette of \r\nBalochistan (Extraordinary), dated July 29, 1974. \r\n10Substituted for the words “the Province of West Pakistan except t he Tribal Areas” by the Federal Adaptation of Laws Order, \r\n1975 (4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article 2(1) read \r\nwith Schedule, Part I, West Pakistan Ordinances. \r\n11Substituted for the wo rd “Pakistan” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in the \r\nPunjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 3(ii). \r\n(a) “child” includes a still-born child; \r\n1\r\n[(b) “Director of Labour Welfare” means the head of the Labour Welfare \r\nDirectorate of the \r\n2\r\n[Punjab], by whatever name called;] \r\n(c) “employer” means any person who has ultimate control over the \r\nappointment of a woman; \r\n3\r\n[(d) “Establishment” means an organization, whether industrial, \r\ncommercial, or otherwise;] \r\n4\r\n[(e) “Government” means Government of the Punjab;] \r\n(f) “Inspector of Factories” means a person appointed as Inspector of \r\nFactories under section 10 of the Factories Act, 1934\r\n5\r\n; \r\n(g) “maternity benefit” means the amount payable under the provisions of \r\nthis Ordinance to a woman employed in \r\n6\r\n[an establishment]; \r\n(h) “medical practitioner” means a medical 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 h as issued forth 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\r\n7\r\n; 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 meanings respectively assigned to them in the Factories Act, 1934\r\n8\r\n. \r\n9\r\n[3. Employment or work during cer tain periods .– (1) An employer shall not \r\nemploy a woman and a woman shall not be engaged in employment of any nature in \r\nany establishment during six weeks following the date on which she delivers a child. \r\n \r\n1Substituted by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette of Pakistan (Extraordinary), \r\ndated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule, Part I, West Pakistan Ordinances. \r\n2Substituted for the word “Province” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in the \r\nPunjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 4(i). \r\n3Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), \r\nPart I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. \r\n4Substituted by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in the Punjab Gazette \r\n(Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 4(ii). \r\n5XXV of 1934. \r\n6Substituted for the words “a factory” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. \r\n7IV of 1936. \r\n8XXV of 1934. \r\n9Substituted by the Punjab Maternity Benefit (Amendment) Act 2016 (X of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated February 17, 2016, p. 3909, s. 2. \r\n (2) An employer shall not ask an employed woman w orking on regular or \r\ntemporary basis to do any work which is of arduous nature or which involves long \r\nhours of standing or which is likely to affect her health for a period of one month \r\nimmediately: \r\n(a) preceding the period of six weeks before the date of the expected \r\ndelivery; and \r\n(b) succeeding six weeks after the date on which she delivers a child.] \r\n4. Right to and liability for payment of maternity benefit .– \r\n1\r\n[(1) Subject to the \r\nprovisions of this Ordinance, every woman employed in an establishment sh all 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 si x weeks \r\nsucceeding that day: \r\n Provided that a woman shall not be entitled to maternity benefit unless she \r\nhas been employed in the establishment of the employer from whom she claims \r\nmaternity benefit for a period of not less than four months immediately p receding the \r\nday on which she delivers the child.] \r\n2\r\n[(2) * * * * * * * * * ] \r\n5. Procedure regarding payment of maternity benefit .– (1) Any woman \r\nentitled to maternity benefit:– \r\n(a) who is pregnant may, give notice either orally in person or in writing i n \r\nthe prescribed form to the employer that she expects to be confined \r\nwithin six weeks next following and may therein 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 day 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 the following ways selected by the woman, namely:– \r\n(i) for six weeks before delivery within forty -eight hours of the production \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 \r\n1Substituted by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of Pakistan (Extraordinary), \r\nPart I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. \r\n2Omitted by the Act ibid. \r\n(ii) for the period six weeks before delivery and inc luding the day of \r\ndelivery, within forty-eight hours of the production of proof that she has \r\nbeen delivered of a child 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 \r\nany part thereof, the payment of which is dependent upon the production of \r\nproof under this sub -section that she has been delivered of a child, unless \r\nsuch proof is produced 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 de livered 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 be nefit due \r\n1\r\n[to the person nominated by her under sub -section (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\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\n2\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 law ful for her employer to give her notice of dismissal \r\nduring such absence or on such a day that the notice will expire 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 effect of \r\ndepriving her of any maternity benefit to which but for such notice she may have \r\nbecome 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) app lies, such question shall be referred to the \r\nInspector of Factories; and an appeal from the Inspector’s decision \r\n \r\n1Substituted by the West Pakistan Maternity Benefit (Amendment) Act, 1985 (VIII of 1985), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated July 27, 1985, pp. 387-389, s. 2(a). \r\n2Substituted by the Act ibid., s. 2(b). \r\nshall, within sixty days thereof, lie to the Director of Labour Welfare \r\nwhose decision shall be final. \r\n8. Penalty for working for payment durin g permitted period of absence .– If \r\na woman does any work in any \r\n1\r\n[establishment] for which she receives payment in \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 \r\n2\r\n[one hundred] \r\nrupees. \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 \r\n3\r\n[three thousand] rupees. \r\n (2) Whenever a Court imposes a fine under this section or confirms in \r\nappeal, revision or otherwise such a sentence, it may, when passing judgment order \r\nthe whole or any part of the fine recovered to be applied in the p ayment of \r\ncompensation to the woman concerned for any loss or damage caused to her. \r\n10. Cognizance of offences .– (1) No prosecution 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 preferred, unless the Director of Labour \r\nWelfare by his order thereon, sanctions a prosecution. \r\n (2) Where the Inspector of Factories d ecides either to institute a \r\nprosecution under this Ordinance or to grant sanction thereto, he shall forthwith \r\ncommunicate his order to the person complained against, who may, within thirty \r\ndays of the date of the said order, appeal to the Director of Labo ur 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 (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\n4\r\n[or the person nominated by her or any \r\nof her legal representatives], the In spector of Factories refuses either to institute a \r\nprosecution under this Ordinance, or to grant sanction thereto, he shall without delay \r\ncommunicate to the applicant his order of refusal, and an \r\n5\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 Welfare on \r\n \r\n1Substituted for the word “factory” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. \r\n2Substituted for the word “ten” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in the Punjab \r\nGazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 5. \r\n3Substituted for the words “five hundred” by the Punjab Maternity Benefit (Amendment) Act 2012 (XXII of 2012), published in \r\nthe Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40165-40166, s. 6. \r\n4Inserted by the West Pakistan Maternity Benefit (Amendment) Act, 1985 (VIII of 1985), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated July 27, 1985, pp. 387-389, s. 3(a). \r\n5Substituted for the words “employer or the woman” by the Act ibid., s. 3(b). \r\nsuch appeal \r\n1\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 thereof 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 prejudice 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 a \r\ncombined muster roll and register and the particulars to be entered in \r\nsuch muster roll, register or combined muster roll and register or in the \r\nregister kept or deemed to have been kept under section 41 of the \r\nFactories Act, 1934\r\n2\r\n; \r\n(b) the inspection of \r\n3\r\n[establishments] for the purposes of this Ordinance \r\nby the 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 sub-section (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 (4) All rules made under this Ordinance shall be laid befor e the \r\n4\r\n[* *] \r\nProvincial Assembly, as soon as may be after they are made, and if the Assembly \r\nwithin next subsequent seven days on which the Assembly has sat after any such \r\nrule has been laid before it, resolves that the rule shall be annulled, the rule s hall \r\nforthwith be void, but without prejudice to the validity of anything previously done \r\nthereunder or to the making of a new rule. \r\n14. Exhibition of Extracts .– An abstract of the provisions of this Ordinance and \r\nthe rules thereunder in the regional langu age shall be exhibited in a conspicuous \r\n \r\n1Inserted by the Act ibid., s. 3(c). \r\n2XXV of 1934. \r\n3Substituted for the word “factories” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated June 29, 1994, pp. 224-235, s. 2 read with Schedule IV, Serial No. 3. \r\n4Omitted the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette of \r\nPakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule, Part I, West Pakistan Ordinances. \r\nmanner by the employer in every part of the \r\n1\r\n[establishment] in which women are \r\nemployed. \r\n2\r\n[15. * * * * * * * * * ] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n 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