The west bengal maternity benefit ( tea estates) act, 1948

• West Bengal Act XXXIII of 1948 
THE WEST BENGAL MATERNITY BENEFIT 
(TEA ESTATES) ACT, 1948. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, of the 28th October, 1948.] 
An act to regulate the employment of women in tea 
factories and plantations for certain periods before 
and after child-birth and to provide for, the pay-
ment of maternity benefit to them. 
WHEREAS it is expedient to regulate the employment 
of women in tea factories and plantations for certain 
periods before and after child-birth and to provide for 
the payment of maternity benefit to them; 
It is hereby enacted as follows :- 
44. (1) This Act may be called the West 
Maternity Benefit (Tea Estates) Act, 1948. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the 
Provincial Government may, by notification in the 
Pjficial Gazette, direct. 
2. In this Act, unless ., there is anything repugnant Definitions. 
in the subject or context,— 
(a) "child" includes a still-born child; 
(b) "employer" includes the occupier and the 
manager of a plantation or a factory; 
(c) "expected day of her delivery" means the 
expected day of delivery of a woman as deter-
mined by the medical practitioner referred 
to in sub-section (1) of section 6; 
(d) "factory" means— 
(i) a factory as defined in clause (j) of section 2 
XXV of 	 of the Factories Act, 1934, or 1934. (ii) a place declared to be a factory under sub-
section (1) of section 5 of that Act, 
in which any process is carried on for the 
manufacture of tea or in which any process 
is carried on incidental to or connected with 
such manufacture; 
(e) "maternity benefit" means the sum of money 
payable under the provisions of this Act to 
a woman employed in a plantation or a 
factory; 
(f) "nurse" includes a midwife or a trained dhai; -4g:r (g) "plantation" means any estate which is main-
tained for the purpose of growino•
b 
 tea [the 
plant Camellia Thea (Linn)] and in which 
twenty or more women are employed, or were 
employed on any day of the preceding twelve 
months, for that purpose; 
Bengal Short title, 
extent and 
commencement. 
2 The West Bengal Maternity. Benefit (Tea Estates)- 
Act, 1948: 
[West Ben. Act 
Employment 
of, or work 
by, women 
in factories 
prohibited 
during 
certain 
period. 
Right to, and 
liability for, 
payment of 
maternity 
benefit. 
(Sections 3, 4.) 
(h) "prescribed" means prescribed by rules made 
under this Act; 
(i) woman" means a woman worker ; and 
(5) expressions used, but not defined in this  Act, 
have, where they have been defined in the 
Factories Act, 1934, the same meaning as in XXV of that Act. 	 1934. 
3. After this Act comes into force— 
no employer shall knowingly employ a woman 
in any factory or plantation during the six 
weeks immediately following the day of her 
delivery; and 
(2) no woman shall work in any factory or planta-
tion during the six weeks immediately 
following the day of her delivery. 
4. Subject to the provisions of this Act, every 
woman employed in a factory or a plantation shall be 
entitled to, and her employer shall be liable for, the 
payment of maternity benefit in respect of the period 
of six weeks preceding the expected day of her deli-
very and six weeks immediately following the day of her delivery : 
(1)  
Provided that a woman shall not he entitled to such 
maternity benefit unless she has worked in any factory 
or plantation of the employer from whom she claims 
maternity benefit for not less than one hundred and 
fifty days in the twelve months immediately preceding 
the expected day of her delivery : 
Provided further that a woman shall not be entitled 
to such maternity benefit if she has not— 
, (a) permitted herself to be medically examined as 
required in sub-section (1) of section 6, or 
(b) during the period which extends from the 
commencement of the six weeks immediate-
ly preceding the expected day of her delivery 
to the day of her delivery and during the 
six weeks immediately following the day 
of her delivery attended or permitted herself 
to be treated in any clinic or hospital, or 
permitted herself to be treated by any 
medical practitioner or nurse as required in 
sub-section (2) of section 6: 
Provided ftirther that non-compliance by the woman 
with the provisions of sub-section (2) of section 6 before the day of her delivery shall not disentitle her 
to maternity benefit if the medical practitioner referred 
to in sub-section (3) of section 6 certifies that in his 
opinion such non-compliance was due to premature delivery or-to a bona fide miscalculation on the part of 
the woman as to the state of advancement of her pregnancy. 
- The West Bengal Maternity Benefit (Tea Estates) _3 
Act, 1948. 
XXXIII of 1948.1 
(Sections 5-7.) 
5. The maternity benefit which is compulsorily 
payable under section 4 shall be payable -at the rate of 
five rupees and four annas a week for every week 
during the period of twelve weeks referred to in that 
section and such payment shall be made either wholly 
in cash or partly in cash and partly in kind. 
6. (1) Every woman who claims or intends to claim 
maternity benefit from her employer under this Act 
shall permit herself to be medically examined -by, or 
under the direction of, the medical practitioner referred 
to in sub-section (3) for the purpose of enabling him 
to determine the expected day of her delivery and such 
medical practitioner shall after such examination fur-
nish her with a certificate as to the expected day of her 
delivery. 
(2) Every woman who claims or intends to claim 
maternity benefit from her employer under this Act --
shall, during the period which extends from the com-
mencement of the six weeks immediately preceding 
the expected day of her delivery to the day of her deli-
very and during the six weeks immediately following 
the day of her delivery,— 
(a) where free ante-natal and post-natal treatment 
is provided for her in any hospital or clinic 
approved in this behalf by the prescribed 
medical authority, attend such hospital or 
clinic as required by the medical officer-in- 
charge thereof and permit herself to be 
treated therein, or 
(b) where there is no such hospital or clinic, 
permit herself to be treated by such medical 
practitioner or nurse as is provided by her 
employer under sub-section (3). 
(3) Every employer shall arrange that the services of 
a medical practitioner and a nurse approved in this 
behalf by the prescribed medical authority are always 
available in his factory or plantation for the purpose 
of giving free ante-:natal and post-natal treatment or 
advice to the women of his factory or plantation. 
7. Notwithstanding that a woman has given notice 
under sub-section (1) of section 8 that she expects to 
be confined within one month and a half next following, 
she may, during the period which extends from the 
commencement of the six weeks immediately preceding 
the expected day of her delivery to the day of her 
delivery, undertake light work in the factory or planta-
tion of the employer from whom she claims maternity 
benefit if and for so long as the medical practitioner 
referred to in sub-section (3) of section 6 certifies that 
she is physically fit so to do, and for the days that she 
does such work she shall be paid at the prevailing rate 
of pay for such work, and such pay shall be paid to her 
in addition to the maternity benefit which she may be 
entitled to receive under this Act. 
Amount of 
work which 
can be 
undertaken 
by a woman 
during 
ante-natal 
period. 
Amount of 
maternity 
benefit. 
Ante-natal and 
host-natal care 
of women. 
4 The West Bengal Maternity Benefit (Tea Estates) 
Act, 1948. 
Procedure 
regarding 
payment of 
maternity 
benefit. 
Payment of 
maternity benefit 
in case of the 
death of a 
woman. 
[West Ben. Act 
(Sections 8, 9.) 
8. (1) Any woman who claims or intends to claim 
maternity benefit under the provisions of this Act shall, 
on any day, give notice either orally in person or in 
writing to the employer of the factory or the plantation 
that she expects to be confined within one month and 
a half next following and submit at the same time to 
such employer the certificate referred to in sub-section 
(1) of section 6 and may nominate in the prescribed 
form a person for purposes of section 9. 
(2) When the notice and the certificate referred to 
in sub-section (1) are received the employer shall permit 
the woman -ho has given the notice to absent herself 
from work in the factory or plantation on and from the 
day following that on which such notice and certificate 
are received until the expiration of six weeks after 
the day of her delivery. 
(3) An employer shall pay .the maternity benefit 
as provided in section 5 to a woman entitled they eto 
under 'this Act in twelve equal weekly instalments and 
the payment of the first instalment thereof shall be 
made within seven days of the giving of the notice 
together with the certificate referred to in sub-section (1) by such woman. 
(4) If an employer is satisfied on the report of a 
medical practitioner or medical officer-in-charge of the 
clinic or hospital referred to in sub-section (2) of 
section 6 that a woman has ceased according to the 
provisions of section 4 to be entitled to maternity benefit 
such employer may discontinue the payment of mater-
nity benefit payable to such woman under sub-section 
(3)- 
(5) Any woman who considers herself aggrieved at 
any cessation of payment of maternity benefit under 
sub-section (4) may, within thirty days of the date of 
payment of the last instalment of maternity benefit 
paid to her under sub-section (3), apply in the prescribed 
manner to the Inspector of Factories, West Bengal, who 
after giving both parties an opportunity of being heard 
may reject the application, or direct the employer to 
pay to the woman the remaining portion of the maternity 
benefit, as he deems fit. An appeal from the decision 
of the Inspector (4 Factories, West Bengal, shall, within 
thirty days thereof, lie in the prescribed manner to the 
Labour Commissioner, West Bengal, whose decision 
shall be final. 
9. (1) If a woman entitled to maternity benefit under 
this Act dies on the day of her delivery or during the 
period thereafter in respect of which she is entitled to 
the maternity benefit, the liability of the employer 
under section 4 shall not, by reason 'of her death, be 
discharged, and he shall pay the amount of maternity 
benefit due, if the newly born child survives her, to the 
person who undertakes the care of the child; and, if 
The West Bengal Maternity Benefit (Tea Estates) 5 
Act, 1948. 
XXXIII of 1948.] 
(Sections 10-12.) 
the child does not survive her, to the person nominated 
by her under sub-section (1) of section 8 or, if she has 
made no such nomination, to her next of kin as deter-
mined by the employer whose decision shall be final. 
(2) If a woman dies during the period in respect of 
which she is entitled to maternity benefit but before 
giving birth to a child, the employer shall be liable 
only for the payment of half the amount of maternity 
benefit due under section 5. Any amount due at the 
death of the woman shall be paid to the person nomi-
nated by her under sub-section (1) of section 8, or, if 
she has made no such nomination, to her next of kin 
as may be determined by the employer whose decision 
shall be final. 
10. (1) When a woman absents herself from work in 
accordance with the provisions of this Act, it shall not 
be lawful 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 her 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 Act. 
(b) If any question arises as to whether any notice of 
dismissal is one to which clause (a) applies, such question 
shall be referred for decision to the Inspector of 
Factories, West Bengal, in the prescribed manner. An 
appeal from the decision of the Inspector shall, within 
sixty days thereof, lie in the prescribed manner to the 
_Labour !Commissioner, West Bengal, whose decision 
shall be final. 
11. If a woman— 
(a) after she has been permitted by her employer 
under sub-section (2) of section 8 to absent 
herself from work in a factory or plantation, 
does any work, other than that provided for 
under section 7, before the day of her deli-
very, or 
(b) works in a factory or plantation or elsewhere 
during the four weeks immediately follow-
ing the day of her delivery, 
she shall be liable, on conviction, to a fine not exceeding 
ten rupees. 
12. (1) If any employer contravenes any provision 
of this Act, he shall, on conviction, be liable to a fine 
which may extend to five hundred rupees. 
(2) Whenever a Court imposes a fine under this 
section or confirms in appeal, revision or -otherwise such 
a sentence, the Court may, when passing judgment, 
order the whole or any part of the fine recovered to be 
No notice of 
dismissal to be 
given to a woman 
in certain cases. 
'Penalty to 
woman for.doing 
work in contra. 
vention of the 
Act. 
Penalty for 
contravention of 
the Act by an 
employer and 
application of 
fine in payment 
of compensation. 
Cognizance of 
offences. 
Appeal against 
refusal to pro-
secute or grant 
sanction thereto. 
Limitation of 
prosecution. 
Rules. 
6 The, West Renga141ater'Aity Benefit (Tea Estates) 
Act, 1948. 
[West Ben. Act 
(Sections 13-16.) 
applied in the payment of compensation to the woman 
concerned for any loss or damage caused to her by the 
contravention of a provision of this Act on account of 
which the fine has been i/rposed. 
13. (1) No prosecution under this Act shall be 
institutkl except by, or with the previous sanction of, 
the Inspector of Factories, West Bengal, 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 Labour Commissioner, 
West Bengal, by his order thereon sanctions a 
prosecution. 
(2) Where the Inspector of Factories, West Bengal, 
decides either to institute a prosecution under this Act 
or to grant sanction thereto, he shall forthwith com-
municate his order to the person complained against, 
who may, within thirty days of the date of the said 
order, appeal in the prescribed manner to the Labour 
Commissioner, West Bengal, against such decisioit. 
The decision of the Labour Commissioner, West Bengal, 
on such appeal shall be final. 
(3) No Court inferior to that of a Presidency Magis-
trate or of a Magistrate of the First Class shall try any 
offence against this Act or any rules made thereunder. 
14. Where on an application by an employer or a 
woman in such behalf, the Inspector of Factories, West 
Bengal, refuses either to institute a prosecution under 
this Act or to grant previous sanction thereto, he shall 
without delay communicate to the applicant his order 
of refusal and an employer or a woman aggrieved by 
such order may, within thirty days of the date thereof, 
appeal in the prescribed manner to the Labour Commis-
sioner, West Bengal, against such order. -The decision 
of the Labour Commissioner, West Bengal, on such 
appeal shall be final. 
15. No Court shall take cognizance of any offence 
against this Act or any rule made thereunder unless 
complaint thereof has been made to the Inspector of 
Factories, West Bengal, within six months of the date 
on which the offence is alleged to have been committed. 
16. (1) The Provincial Government may make rules 
for the purpose of carrying into effect the provisions of 
this Act. 
(2) In particular, and without prejudice to the 
generality of the foregoing power, such rules may pro-vide 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 com-
bined muster roll and register or in the -.0 
(Section 17.) 
register kept or deemed to have been kept 
xxv of 	 under section 41 of the Factories Act, 1934; 
1934. 
(b) the inspection of factories for the purposes of 
this Act by the Inspector of Factories, West 
%." Bengal; 
the exercise of powers and the performance of 
duties by Inspector of Factories, West 
Bengal, or the medical authority referred to 
in section 6 for the purposes of this 'Act; 
(d) the method of pay.w.ent of maternity benefit in 
so far as provision has not been made in this 
Act; 
the medical authority referred to in section 6; 
(f) the form of nomination referred to in sub-section-
(1) of section 8; and 
- (g) the procedure to be observed— 
in submitting applications to the Inspector 
of Factories, West Bengal, and the 
disposal of appeals under sub-section (5) 
of section 8, 
(ii) in referring questions for decision to the 
Inspector of Factories, West Bengal, and 
the disposal of appeals under clause (b) of 
sub-section (2) of section 10, and 
(iii) in the disposal of appeals under sub-section 
(2) of section 13 or section 14. 
(3) Any such rule may provide that a contravention 
thereof shall be punishable with fine which may extend 
to fifty rupees. 
(4) The power to make rules under this Act shall be 
subject to the condition of previous publication. 
17. An abstract of the provisions of this Act and 
the rules thereunder in the local vernaculars shall be 
exhibited in a conspicuous manner by the employer in 
every part of a tea factory or a plantation in which 
women are employed. 
(c) 
(e) 
(i) 
jiinzlengginibEMininftsmigf: 
The West Bengal Matern,ity Benefit (Tea Eitittes) 7 
Act, 1948. 
XXX I 11 of 1948.] 
Abstract of this 
Act and the 
rules thereunder 
to be exhibited. 
WBGP-48/927531A-2M 

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