Page 211 - DCOM207_LABOUR_LAWS

Labour Laws

Notes Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence
of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he
shall, if no other penalty is elsewhere provided by or under this Act for such contravention,
be punishable with imprisonment which may extend to one year, or with fine which may
extend to five thousand rupees, or with both:
Provided that where the contravention is of any provision regarding maternity benefit or
regarding payment of any other amount and such maternity benefit or amount has not already
been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were
a fine and pay the same to the person entitled thereto.
Penalty for obstructing Inspector
Whoever fails to produce on demand by the Inspector any register or document in his custody
kept in pursuance of this Act or the rules made thereunder or conceals or prevents any person
from appearing before or being examined by an Inspector shall be punishable with imprisonment
which may extent to one year, or with fine which may extend to five thousand rupees, or with
both.

Self Assessment

Fill in the blanks:
13. The .................. Act is a piece of social legislation enacted to promote the welfare of working
women.

14. Every woman entitled to maternity benefit is also entitled to a medical bonus of ..................
if no pre-natal and post-natal care have provided for by the employer free of charge.
15. A female employee can ask for light work for one month preceding the .................. weeks
prior to her delivery or during these six weeks if, for any reason, she does not avail of her
leave.

12.6 Restrictions on Employment

An employer is prohibited from knowingly employing any woman in any establishment during
the six weeks immediately following the day of her delivery or her miscarriage. Likewise, a
woman is prohibited from working in any establishment during this period of six weeks. Further,
no pregnant woman shall, on a request being; made by her, be given–

l z Any work which is of an arduous nature;
l z Any work which involves long hours of standing;
l z Any work which in any way is likely to interfere with her pregnancy or the normal
development of the foetus, or is likely to cause miscarriage or otherwise adversely affect
her health.

A female employee resuming duties after delivery is to be given two nursing breaks of prescribed
duration, in addition to her regular rest intervals, to nurse the child until her child attains the age
of fifteen months. Each State has its own rules as to the length of this break. (In Maharashtra, it
is fifteen minutes).
An employer cannot reduce the salary on account of light work assigned to her or for breaks
taken’, to nurse her child. Further, she cannot be discharged or dismissed on grounds of absence
arising out of pregnancy, miscarriage, delivery or premature birth. Nor can her service conditions
be altered to her disadvantage during this period.

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