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Section 28 of the Maternity Benefit Act 1961: Power to Make Rules

Section 28 (Power to make rules) of the Maternity Benefit Act 1961 —

❝(1) The appropriate Government may, subject to the condition of previous publication and by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—

 (a) the preparation and maintenance of registers, records and muster-rolls;

 (b) the exercise of powers (including the inspection of establishments and the performance of duties by Inspectors for the purposes of this Act;

 (c) the method of payment of maternity benefit and other benefits under this Act in so far as provision has not been made therefor in this Act;

 (d) the form of notices under section 6;

 (e) the nature of proof required under the provisions of this Act;

 (f) the duration of nursing breaks referred to in section 11;

 (g) acts which may constitute gross misconduct for purposes of section 12;

 (h) the authority to which an appeal under clause (b) of sub-section (2) of section 12 shall lie; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;

 (i) the authority to which an appeal shall lie against the decision of the Inspector under section 17; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;

 (j) the form and manner in which complaints may be made to Inspectors under sub-section (1) of section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be made under sub-section (2) of that section;

 (k) any other matter which is to be, or may be, prescribed.

(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.❞



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Notes:

The Maternity Benefit Act, 1961 (No. 53 of 1961) was amended by:
- the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (No. 51 of 1970) (w.e.f. 01-Sep-1971);
- the Maternity Benefit (Amendment) Act, 1972 (No. 21 of 1972) (w.e.f. 01-Jun-1972);
- the Maternity Benefit (Amendment) Act, 1973 (No. 52 of 1973) (w.e.f. 01-Mar-1975);
- the Maternity Benefit (Amendment) Act, 1976 (No. 53 of 1976) (w.e.f. 01-May-1976);
- the Maternity Benefit (Amendment) Act, 1988 (No. 61 of 1988) (w.e.f. 10-Jan-1989);
- the Maternity Benefit (Amendment) Act, 1995 (No. 29 of 1995) (w.e.f. 01-Feb-1996);
- the Maternity Benefit (Amendment) Act, 2008 (No. 15 of 2008) (w.e.f. 15-Apr-2008);
- the Maternity Benefit (Amendment) Act, 2017 (No. 06 of 2017) (w.e.f. 01-Apr-2017).

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