The Telangana Maternity Benefit Act. 1349 Fasli.

THE TELANGANA MATERNITY BENEFIT ACT, 1349 F. 
(ACT NO.VII OF 1349 F.) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent and commencement. 
2. Definitions. 
3. Employment of women workers in factories 
immediately after delivery prohibited. 
4. Rights of woman worker. 
5. Claim for maternity benefit and procedure 
regarding its payment. 
6. Payment of maternity benefit when woman entitled 
to it dies. 
6-A. Appointment of Inspectors. 
7. Notice of dismissal to woman worker prohibited. 
8. Forfeiture of maternity benefit. 
9. Penalty to owner of factory in case of contravention. 
10. Procedure in case of contravention. 
11. Limitation for prosecution. 
12. Rules. 
13. Abstract of Provisions of this Act and rules made 
thereunder to be exhibited at conspicuous place. 
 
THE TELANGANA MATERNITY BENEFIT ACT, 1349 F.1 
 
ACT No.VII OF 1349 F. 
 
1. This Act may be called 2[the Telangana Maternity 
Benefit Act,  1349 F.] and  it shall come into force in  2[the 
whole of the  State of Telangana] from the date of its 
publication in the Official Gazette. 
 
2. In this Act, unl ess there is anythin g repugnant in the 
subject or context;- 
 
 3[(1) the words and expressions used and not defined 
in this Act but defined in the Factories Act, 1948 (LXIII of 
1948) shall have the meanings assigned to them in that 
Act;] 
 
 4[(1-A) “Inspector” means an Inspector appointed 
under sub-section (1) of section 6-A.] 
 
 (2) “maternity benefit” means the amount of money 
which an owner of a factory is required to pay in accordance 
with the provisions of this Act to a woman worker working in 
a factory. 
 
 
 
 
                                                           
1. The Andhra Pradesh (Telangana Area) Maternit y Benefit Act, 1349 F. 
in force in the combined State, as on 02.06.2014, has been adapted to 
the State of Telangana, under section 101 of the Andhra Pradesh 
Reorganisation Act, 2014 (Central Act 6 of 2 014) vide. t he Telangana 
Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) 
Department, dated 01.06.2016.  
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016. 
3. Substituted by Act No.II of 1952. 
4. Added by Act No.II of 1952. 
Short title, extent 
and 
commencement. 
Definitions. 
2  [Act No.VII of 1349 F.] 
3. No owner of factory shall knowingly employ a woma n 
worker in his factory during 5[four weeks] following her 
delivery; and the owner of a factory who is liable under this 
Act for the maternity benefit of such women shall not after 
delivery employ such wo men during 5[six weeks] including 
the day of delivery. 
 
4. (1) Subject to the provisions of this Act, a woman 
worker shall, in spite of her absence, be entitled to receive 
from the owner of the factory ma ternity benefit at the rate of 
5[twelve annas] a day for the days of absence during a 
minimum period of 5[six weeks] immediately preceding the 
day of her confinement and during 5[six weeks] following the 
confinement including the day of delivery: Provided that she 
has been continuously working in the factory wherefrom she 
claims maternity benefit for a period of not less than nine 
months, including the days during which she has been 
unavoidably ill, preceding the date on which she makes 
declaration and give s notice under sub -section (1) of 
section 5. 
 
 (2) If a woman worker dies during the period for which 
she is entitled to maternity benefit, the maternity benefit shall 
be payable only upto and including the day of death. 
 
5. (1) A woman worker entitled to maternity benefit shall 
give to the owner of the factory liable for her maternity 
benefit a notice in writing that she expects to be confined 
within one month from the date of the notice and stating as 
to whom he should pay h er maternity benefit; she shall also 
make a declaration in writing to the owner of the factory that 
she will not work elsewhere during the period for which she 
shall receive maternity benefit. Where the delivery has taken 
place, the woman -worker shall, wit hin one week from the 
date of delivery, inform the owner of the factory of her 
                                                           
5. Substituted by Act No.XXV of 1950. 
Employment of 
women workers in 
factories 
immediately after 
delivery 
prohibited. 
Claim for 
maternity benefit 
and procedure 
regarding its 
payment. 
Rights of woman 
worker. 
[Act No.VII of 1349 F.]  3 
delivery along with the afore -said declaration and also state 
as to whom her maternity benefit should be paid. 
 
 (2) On receipt of the declaration and the notice from 
the woman worker and on production of such proof of 
delivery as may be prescribed by the Government in thi s 
behalf by publication in the Official Gazette, the owner of the 
factory shall pay the maternity benefit due within forty -eight 
hours. The maternity benefit du e shall thereafter be paid 
regularly on every fifteenth day. 
 
6. If a woman worker dies within the p eriod during which 
she was entit led to receive the maternity benefit, the owner 
of the facto ry shall pay the maternity benefit due to the 
person whom the woman had nominated in the notice 
referred to in sub -section (1) of section 5 and if no one was 
so nominated, to the person under whose care the newly 
born child may be, and otherwise to the hus band of the 
woman; and when there is no husband, to her eldest child 
provided the owner of the factory has knowledge thereof. In 
case he does not know and in the absence of the husband 
and also the children, the amount due shall be paid to the 
legal repres entative of the deceased determined in 
accordance with the rules made by the Government in this 
behalf. 
 
6[6-A. (1) The Government may by notfiication in the Official 
Gazette, appoint Inspectors for the purposes of this Act and 
may determine the local limits within which and the classes 
of factories in respect of which they shall exercise their 
functions. 
 
 (2) Every Inspector shall be deemed to be a public 
servant within the meaning of section 21 of the Indian Penal 
Code (XLV of 1860.)] 
                                                           
6. Added by Act No.II of 1952. 
Payment of 
maternity benefit 
when woman 
entitled to it dies. 
Appointment of 
Inspectors. 
4  [Act No.VII of 1349 F.] 
7. (1) When a woman worker absents  herself on the 
grounds that she expects delivery or that her delivery has 
taken place, the owner of the factory liable for her maternity 
benefit shall not be authorised to dismiss her during such 
absence. 
 
 (2) The notice of dismissal given 7[five months] before 
the delivery shall not have the effect of depriving woman 
worker of her right to receive her maternity benefit to which 
she would have been entitled in the absence of such notice 
or she would have been entitled on the date of her delivery 
under this Act. 
 
 (3) The disput e whether the notice of dismissal to a 
pregnant woman worker is or is not contrary to the intention 
of sub -section (2), shall be decided by the 8[Inspector] 
whose decision shall be final. 
 
8. If a woman worker works, after giving notice to the 
owner of the factory and filing declaration under section 5, 
her claim to receive maternity benefit forfeit. 
 
9. If an owner of a factory contravenes th e provisions of 
this Act he shall be liable to a fine which may extend to two 
hundred and fifty rupees. 
 
10. 8[(1) No prosecution for the provi sions of this Act or of 
the rules thereunder shall be instituted except by  an 
Inspector or with his written permission.] 
 
 (2) No court inferior to that of a Magistrate of the first 
Class shall try any case for the contravention of this Act or 
the rules thereunder. 
                                                           
7. Substituted by Act No.XXV of 1950. 
8. Substituted by Act No.II of 1952. 
Notice of 
dismissal to 
woman worker 
prohibited. 
Forfeiture of 
maternity benefit. 
Penalty to owner 
of factory in case 
of contravention. 
Procedure in case 
of contravention. 
[Act No.VII of 1349 F.]  5 
11. No Court shall take cognizance of an offence under 
this Act unless complaint is made within six months of the 
date of commission of the offence. In computing this period, 
the time spent in obtaining the sanction under sub -section 
(1) of section 10 shall be treated as excluded. 
 
12. (1) The Government may make rules to carry out the 
purposes of this Act. The Government shall, without 
prejudice to the generality of this power, make such rules for 
the following matters:- 
 
  (a) the preparation of a register for marking the 
attendance of a woman worker and the particulars to be 
entered therein; 
 
  (b) the inspection of factories for the purposes of this 
Act by 9[Inspectors]; 
 
  (c) determination of powers and duties of 
9[Inspectors] and the manner for the performance and 
exercise thereof; 
 
  (d) the manner of payment of maternity benefit. 
 
 (2) The Government may provide in the rules made by 
them that a person who contravenes any rule shall be liable 
to a fine which may extend to fifty rupees. 
 
 (3) The rules under this se ction shall be made subject 
to the condition of previous publication. 
 
 
 
 
                                                           
9. Substituted by Act No.II of 1952. 
Limitation for 
prosecution. 
Rules. 
6  [Act No.VII of 1349 F.] 
10[13. An abstract of the provisions of this Act and of the 
rules made thereunder  shall be exhibited in the local 
vernaculars in a conspicuous place by the employer in 
every part of the factory in which women are employed.] 
 
* * * 
                                                           
10. Substituted by Act No.II of 1952. 
Abstract of 
Provisions of this 
Act and rules 
made thereunder 
to be exhibited at 
conspicuous 
place. 

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