Compliances Under the Rules In Accordance With the Central Act:

1. Employment of, or work by, women prohibited during certain periods (Section 4)

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery miscarriage or medical termination of pregnancy.

(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery miscarriage or medical termination of pregnancy.

No pregnant woman shall be required to do work of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health during the following period:

(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;

(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.

2. Right to payment of maternity benefit (Section 5)

Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.

No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery. Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.

A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.

In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.

3. Continuance of payment of maternity benefit in certain cases (Section 5A)

Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.

       4. Payment of maternity benefit in certain cases (Section 5B)

Every woman:

a)who is employed in factory/establishment to which ESIC apply,
b) whose wages (excl. remuneration for overtime) for a month exceed amount specified in sub-clause

(b) of clause (9) of Sec 2 of that Act &

1. 1. c) who fulfils conditions of section 5(2),

shall be entitled to maternity benefit.

5. Payment of maternity benefit in case of death of a woman (Section 7 and Rule 5(v))
   If a woman entitled to maternity benefit or any other amount under this Act, dies 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, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative. Such payment shall be made within two months of the death of a woman.
   Provided that in cases falling under Rule 5(2), the amount shall be paid within such time as may be specified by the Competent Authority in each case.
6. Leave with wages for tubectomy operation (Section 9A)

In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.

7. Payment of medical bonus (Section 8) (Rule 5(iv))

(1) Every woman entitled to maternity benefit entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

(2) The Central Government may before every three years, by notification in the Official Gazette, increase the amount of medical bonus subject to the maximum of twenty thousand rupees.

The medical bonus shall be paid along with the second instalment of the maternity benefit.

8. Leave for miscarriage, etc. (Section 9) (Rule 5(vi))

In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof in Form B, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. Such a payment shall be made within forty-eight hours of the expiry of the period of leave referred to in that Section on production of the certificate in form B/C.

9. Payment of Leave with wages for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage (Section 10)

A woman suffering from illness arising out of pregnancy, delivery, premature birth of child miscarriage, medical termination of pregnancy or tubectomy operation shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

10. Crèche facility (Section 11A and Rule 6A)

Every establishment having 50 or more employees shall provide and maintain a creche for the use of children who are below the age of six years within the premises of estab. or within 500 mt of gate of the estab. according to the standards laid down in Rule 6A. 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 standards laid in Rule 6A. Employer shall allow four visits a day to the creche by the woman, which shall also include the interval for rest allowed to her. (Section 11A(1) and Rule 6(A), 6(A)(i))

The guidelines for the construction and infrastructure requirements of crèche facilities are outlined under Rule 6(a)(ii) of the Karnataka Maternity Benefit Rules, 1996. (Rule 6A(ii))

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 teacher-cum-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—

(a) for every ten children up to three years of age; and

(b)for every fifteen children of over three years of age. (Rule 6A(iii))

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. (Rule 6A(iv))

The creche shall maintain the following medical records, namely:-

(i) 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.

(ii) 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. (Rule 6A(v))

11. Supply of milk and refreshment (Section 11A)

At 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. (Rule 6B)

(1) The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

(2) An adequate supply of clean clothes, soap and oil shall be made available for each child while it is in the creche. (Rule 6C)

12. Outdoor Play Facilities (Section 11A) (Rule 6D)

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.

13. Dismissal during absence of pregnancy (Section 12)

When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. (Section 12(1))

The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus.

Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. (Section 12(2))

14. No deduction of wages in certain cases (Section 13)

No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of—
(a) the nature of work assigned to her by virtue of the provisions contained in sub-section (3) of section 4; or

(b) breaks for nursing the child allowed to her under the provisions of section 11.

15. Forfeiture of maternity benefit (Section 18)

If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorised absence, she shall forfeit her claim to the maternity benefit for such period.

16. Maintenance of Registers, etc. (Section 20)

Every employer shall prepare and maintain such registers, records and muster rolls and in such manner as may be prescribed.

17. Muster roll (Section 20) (Rule 3)

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.

18. Notice of claim for maternity benefit and payment thereof (Section 6) (Rule 5)
    Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form D, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
19. Proof (Rule 4(i)(ii)(iii))

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

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 sub-rule (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. (Rule 4(iii))

20. Supply of forms (Rule 12)

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’.

21. Records (Rule 14)

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.

22. Abstract of Act and rules thereunder to be exhibited (Section 19) (Rule 15)
    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.
23. Annual Returns (Rule 16)

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. (Rule 16(1))

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’.

If the employer of an Establishment to which the Act applied sells, abandons the working of the Establishment he shall, within one month of the date of sale or abandonment submit to the Competent Authority a further return in prescribed forms in respect of the period between the end of the preceding year and the date of sale or abandonment.
If the employer of an Establishment to which the Act applies discontinues the working an Establishment he shall, within four months of the date of discontinuance submit to the Competent Authority a further return in prescribed forms in respect of the period between the end of the preceding year and the date of discontinuance. (Rule 16(2))