PREAMBLE

(As amended by So 1680, dated 2-8-1982, KGD (Ex) 6-8-1982; Notification Nos. LD 16 KABANI 2001 (III), dated 6-7-2002 and LD 104 LET 1004 (VI) dated 1-3-2006)

GSR 156 :- In exercise of the powers conferred by Section 28 of the Maternity Benefit Act, 1961 (Central Act 53 of 1961) and in supersession of the Karnataka Maternity Benefit Rules, 1960, the Government of Karnataka hereby makes the following Rules:

1. Title

These Rules may be called the Karnataka Maternity Benefit Rules, 1966.

2. Definitions.

In these Rules, unless the context otherwise requires:

(a) “The Act” means the Maternity Benefit Act, 1961 (Central Act 53 of 1961);

(b) “Competent Authority” means-

(i) In relation to a plantation, and any other establishment other than factories registered under Section 2(m) of the Factories Act, 1948, the Assistant Labour Commissioner within whose jurisdiction the establishment is situated; and

(ii) In relation to Factories registered under Section 2(m) of the Factories Act, 1948, the Director of Factories and Boilers;

( c) “Form” means a form appended to these Rules;

(d) “Muster-roll” means a muster-roll maintained under Rule 3;

(e) “Registered Medical Practitioner” means a medical practitioner whose name has been enrolled in a register maintained under any law for the time being in force regulating the registration of medical practitioners;

(f) “Section” means a Section of the Act;

3. Muster roll.

(1) The employer of every establishment in which women are employed shall prepare and maintain a muster-roll in Form 'A' and shall enter therein particulars of all women workers in the establishment: Provided that if the competent authority is of opinion that any register or record maintained in the establishment gives the particulars required under this Rule, he may by order in writing direct that such register or record be maintained in place of and treated as the muster roll required to be maintained under this sub-rule.

(2) All entries in the muster-roll shall be made in ink and maintained up-to-date and it shall always be available for inspection by the Inspector during working hours.

(3) The employer may enter in the muster roll such other particulars as may be required for any other purpose of the Act.

4. Proof.

(i) The fact that a woman is pregnant or has been delivered of a child or has undergone miscarriage or is suffering from illness arising out of pregnancy delivery premature birth of child or miscarriage shall be proved by the production of a certificate to that effect,

(a) From a Medical Officer of a Government hospital or a dispensary; or

(b) From a Registered Medical Practitioner,

The Certificate shall be in Form 'B'.

(ii) The fact that a woman has been confined may also be proved by the production of a certified extract from a birth register maintained under the provisions of any law for the time being in force or otherwise;

(iii) The fact of death of a woman or a child may be proved by the production of a certificate to that effect in Form 'C' from any of the authorities referred to in subrule (1) or by the production of a certified extract from a death register maintained under the provisions of any law for the time being in force or otherwise;

5. Payment of maternity and other benefits.

(i) A woman employed in an establishment and entitled to maternity benefit shall give notice to her employer in Form 'D' and the employer shall make payment of the maternity benefit and any other amount due under the Act to the woman concerned, or in case of her death before receiving such maternity benefit or amount or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of Section 5, or the person nominated by the woman in her notice in Form 'D' and in case there is no such nominee, to her legal representative;

(ii) In case of doubt as to the legal representative of a deceased woman, the employer shall refer the question to the Competent Authority for decision and the Competent Authority, shall after making such enquiries as he deems necessary, decide the question and direct the employer to make the payment within such time as may be specified by him in this behalf;

(iii) Whenever the payment referred to in sub-rule (1) is made, a receipt shall be obtained by the employer in Form 'E' from the person to whom the payment is made;

(iv) The medical bonus shall be paid along with the second installment of the maternity benefit;

(v) The maternity benefit or any other amount payable under Section 7 shall be paid within two months of the date of death of the woman entitled to receive such benefit or amount:

Provided that in cases failing under sub-rule (2), the amount shall be paid within such time as may be specified by the Competent Authority in each case;

(vi) Wages payable under Section 9 shall be paid to the woman entitled to receive such wages within forty-eight hours of the expiry of the period of leave referred to in that Section.

6. Break for nursing child.

Each of the two breaks mentioned in Section 11 shall be of 15 minutes duration. An extra sufficient period depending upon the distance to be covered, shall be allowed for the purpose of journey to and from the crèche or the place where the children are left by women while on duty provided that such extra period shall not be of less than 5 minutes and more than 15 minutes duration. If any dispute arises regarding such extra period the matter shall be referred to the Competent Authority for decision.

6(A). Creche

Every establishment to which section 11A of the Act applies, the employer shall provide and maintain a creche for the use of children who are below the age of six years according to the standards laid down in these Rules. There shall be one creche for every thirty children, who are the below the age of six years. The creche shall be provided to children of all employees irrespective of the type are nature of employment, such has permanent, temporary, regular, daily wage, contract, etc. in accordance with the following standards, namely:-

1. Location- A creche shall be located within the premises of the establishment or with in five hundred (500) metres from the entrance gate of the establishment. While the creche shall be conveniently accessible to the mothers or parents of the children accommodated in work place therein, it shall not be situated in close proximity to establishment where obnoxious fumes, dust or odors are given off or in which excessively noisy processes are carried on. Careful consideration shall be given by the employer, while deciding on the location of the creche. The expert advice from the State or National support agencies shall be availed as part of the decision making process by the employer.

2. Building and Facilities-

1. The creche building shall be constructed out of heat resisting materials and shall be safe from rain and waterproof. The requirement under planning, building control, fire safety, and health and safety legislation as well as requirement under all the relevant legislation shall be complied by the employer. The overall ecosystem of the creche shall be clean, safe, secure and child friendly.
2. While in towns the creche shall be built out of brick wall with cement or lime plaster, in rural areas it may be built of mud wall with mud plaster. In either case, the flooring and the walls upto a height of 5 ft shall have decent cement surface and well painted.
3. The height of the rooms shall not be less than 9 ft from the floor to the lowest part of the roof.
4. The rooms shall be provided with necessary doors and windows for securing and maintaining adequate light and ventilation by free flow of air. The creche shall be provided with sufficient and suitable natural or artificial lighting connected with emergency power backup by the employer.
5. The building shall be periodically inspected in order to see that it is safe and is being maintained under sanitary conditions, with decent decoration.
6. The creche shall be kept open at all times both by day and night, when mother or parents has employees are working, as per statutory norms.
7. There shall be a kitchen attached to the creche with utensils and other facilities for boiling milk and preparing refreshments., etc. or alternatively hygienically prepared food/beverages shall be made available by the employer to the children. Safe and Potable drinking water at all times shall be provided through a dedicated water purifier.
8. The children as well as the staff of the creche shall be provided with suitable uniforms to wear at the creche.
9. There shall be a suitable washroom adjoining the creche with separate space for washing drying of soiled cloths or linen, as well as for the washing of the children and changing their clothes. Wash-basins or similar vessels shall also be provided at the rate of one for every fifteen children. There shall be arrangements for supply of water at the rate of at least 5 gallons per child per day. Adequate supply of clean towels and soap shall be available at the creche.
10. Adjoining the bathroom there shall be a latrine for the exclusive use of the children in the creche. The number of seats in the latrine shall be at the rate of one for every 20 children. Separate latrines shall be maintained for the use of mothers and creche staff at a closer distance of the creche.
11. There shall not be less than five(5) sq.ft. of floor area for each child to be accommodated in a creche.
12. A suitably fenced and shady open air playground shall be provided for the children.
13. The employer shall ensure that creche shall have bright, cheerful and child accessible displays of essential play and teaching learning material, daily schedule, child safety and essential norms.
14. The following equipment’s shall be provided by the employer in the creche, namely:

(a) Cradles or cots.

(b) Beds or mattresses.

( c) Cotton sheets.

(d) Utensils to feed the children

(e) Sitting accommodation or furniture for use of mother for feeding and parents for attending to child.

(f) Rubber sheets (for children below three years)

(g) Blankets

(h) Pillow with covers.

(i) Toys or play materials

(j) Child ñ friendly furniture

(k) Medicine kit

(l) First aid kit.

15. There shall be no unsafe places like open drains or pits or any dangers near the creche.

16. The employer shall adhere to the standards and norms fixed by Central and State Governments or their official agencies for creche, such as the National Minimum Guidelines for setting up and running creche published under the Act by the Ministry of Women and Child Development, Government of India.

3. Staff

A woman who has Government approved or recognized qualification and training in Early Childhood Care and Education” (ECCE)” or “Teachers Course Higher(TCH)” or equivalent qualification shall work as creche-in-charge to look after children during the absence of their mothers as teacher-cum-warden. Along with teachercum-warden a woman with midwifery qualification or training shall work as creche attendant. Where the number of children exceeds ten, the creche attendant shall be assisted by female ayahs and required personnel at the rate of one ayah-

1. for every ten children upto three years of age ; and
2. for every fifteen children of over three years of age.

4. Working Hours

The working hours of the creche shall correspond to the working hours of the mothers or parents of the children admitted in the creche. The creche shall have to work in two or more shifts if the women are employed in two or more shifts as per statutory norms, spread over a period not exceeding eight hours a day. Where the creche works in shifts, different staff shall be employed to work in different shifts, depending upon the norms of working hours.

5. Basic Medical Records - The creche shall maintain the following medical records, namely:-

1. Every child shall be medically examined before admission to the creche. There shall be medical check-up of the children once in two months and their Body-Mass Index(BMI) recorded once a month.
2. A record of the periodical medical check-up and weighment shall be entered in the record of medical examination of each child kept at the creche.

6(B). Supply of milk and refreshmentAt least 250 ml of hygienic pure milk shall be made available for each child every day. The mother of such child shall be allowed in the course of the daily work, the minimum of four visits a day of sufficient time to the creche and feed the child. The children above two years of age shall in addition be provided with an adequate supply of wholesome refreshment.

6(C). Supply of clothes, soap and oil

• The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.
• An adequate supply of clean clothes, soap and oil shall be made available for each child while it is in the creche.

6(D). Outdoor Play Facilities

The employer shall ensure that the children have access to outdoor play space which is safe,secure, well-maintained, and exclusively available for the use of the children during operating hours. Where children use public playgrounds or parks, the employer shall take all reasonable steps to provide outdoor play facilities and ensure the safety and security of the children.]

7. Duties and powers.

1. Every Inspector shall discharge his duties within the area assigned to him by the Government and shall act under the supervision and control of the Competent Authority.
2. Every Inspector shall at each inspection of an establishment see;
   1. Whether due action has been taken on every notice given under Section 6;
   2. Whether the muster-roll prescribed under Rule 3 is correctly maintained;
   3. Whether there have been any cases of discharge or dismissal notices of discharge or dismissal in contravention of the provisions of Section 12 since the last inspection;
   4. whether the provisions of sub-section (1) of Section 4, sub-sections (5) and (6) of Section 6, Sections 8, 9, 10, 11, 13 and 19 have been complied with and whether amounts due have been paid within the prescribed time;
   5. Whether there have been any cases of deprival of maternity benefit or medical bonus is contravention of sub-section (2) of Section 12 and
   6. How far the irregularities pointed out at previous inspections have been remedied and how far orders previously issued have been complied with.
3. Where an Inspector observes irregularities against the Act or these Rules, he shall issue orders in writing to the employer asking the latter to rectify the irregularities within a specified period and to report compliance to the Inspector.

8. Acts which constitute gross misconduct.

The following acts shall constitute gross misconduct for purpose of Section 12, namely:-

1. Wilful destruction of employer's goods or property;
2. Assaulting any superior or co-employee at the place of work;
3. Criminal offence involving moral turpitude resulting in conviction in a court of law;
4. Theft, fraud, or dishonesty in connection with the employer's business or property; and
5. Wilful non-observance of safety measures or rules on the subject or willful interference with safety devices or With firefighting equipment.

9. Appeal under Section 12.

(1) An appeal under clause (b) of sub-section (2) of Section 12 shall be preferred to the Competent Authority in Form 'F'.

(2) The appeal may be made in writing and either handed over personally or sent under a registered cover to the Competent Authority.

(3) When an appeal is received the Competent Authority shall furnish a copy of the Memorandum of Appeal to the employer, call for his reply hereto and ask him to produce documents connected with the point at issue in the appeal by a fixed date. The Competent Authority may ascertain further details, if necessary, from the employer as well as from the woman. On considering the facts presented to him and ascertained by him the Competent Authority shall give his decision. In case the employer fails to submit his reply or produce the required documents within the specified period, the Competent Authority may give his decision on the basis of the available material.

10. Complaint under Section 17.

1. A complaint under sub-section (1) of Section 17 shall be made in writing in Form 'G' or 'H' as the case may be.
2. When a complaint referred to in Section 17 is received by an Inspector, he shall examine the relevant records maintained by the employer in this behalf, examine any person employed in the establishment and take down necessary statement for the purpose of the enquiry and if he is satisfied that the maternity benefit or the amount has been improperly withheld, he shall direct the employer to make the payment to the woman or to the person claiming the payment under Section 7, as the case may be, immediately or within a specified period.

11. Appeal under Section 17.

1. An appeal against the decision of the Inspector under sub-section (2) of Section 17 shall lie to the Competent Authority.
2. The aggrieved person shall prefer the appeal in writing to the Competent Authority in Form 'I' and file other supporting documents.
3. When an appeal is received the Competent Authority shall call from the Inspector before a fixed date the record of the case. The Competent Authority shall, if necessary, also record the statements of the aggrieved person, and of the Inspector and seek clarification, if any is required.
4. Taking into account the documents, the evidence produced before him and the facts presented to him or ascertained by him, the Competent Authority shall give his decision.

12. Supply of forms.

The employer shall supply to every woman employed by him at her request free of cost copies of Forms 'B', 'C', 'D', 'E', 'G' and 'H'.

13. Non-submission of notices, appeals or complaints in the prescribed forms.

Nothing in Rules 5, 9 and 10 shall affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act if she fails to submit a notice, appeal or complaint under the said rules, as the case may be, in a prescribed form: Provided that where a notice, appeal or complaint under the said rules has been submitted by a woman entitled to receive maternity benefit or any other amount due under the Act in a form other than the prescribed form, the authority concerned, may within 15 days of the receipt of such notice, appeal or complaint require the woman to submit the notice, appeal or complaint, as the case may be, in the prescribed form.

14. Records.

Records kept under the provisions of the Act and these rules shall be preserved for a period of two years from the date of their representation.

15. Abstract.

The abstract of provisions of the Act and these rules required to be exhibited under Section 19 shall be in Form 'J' and shall be exhibited in such manner as the Competent Authority may require.

16. Annual Returns.

1. The employer shall send a Combined Annual Return in Form 20 of the Karnataka Factories Rules, 1969 in respect of every factory/industrial establishments/establishment, so as to reach the inspector within whose jurisdiction the factory/industrial establishments/establishment is situated on or before the 1st February of each year in respect of preceding year.
2. If the employer of an establishment to which the Act applies, sells, abandons or discontinues the working of the establishment, he shall within one month of the date of sale or abandonment or four months of the date of discontinuance, as the case may be, submit to the Competent Authority a further return in each of the said forms in respect of the period between the end of the preceding year and the date of sale, abandonment or discontinuance:

Provided that in respect of a commercial establishment the employer shall submit a combined annual return in Form 'U' prescribed under sub-rule (9-C) of Rule 24 of the Karnataka Shops and Commercial Establishments Rules, 1963 in lieu of Forms 'K', 'L' and 'M'.