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: These Rules may be called the
Karnataka Maternity Benefit Rules, 1966. 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, [2] [and
any other establishment other than factories registered under Section 2(m) of
the Factories Act, 1948], [3] [the
Assistant Labour Commissioner within whose jurisdiction the establishment is
situate]; and (ii)
in relation to [4] [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; (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. (1)
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'. (2)
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; (3)
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 or otherwise; (1)
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; (2)
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; (3)
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; (4)
The medical bonus shall be paid along with
the second instalment of the maternity benefit; (5)
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; (6)
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. 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 creche 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. (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-- (a)
whether due action has been taken on every
notice given under Section 6; (b)
whether the muster-roll prescribed under Rule
3 is correctly maintained; (c)
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; (d)
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; (e)
whether there have been any cases of deprival
of maternity benefit or medical bonus is contravention of sub-section (2) of
Section 12 and (f)
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. The following acts shall constitute
gross misconduct for purpose of Section 12, namely:-- (a)
wilful destruction of employer's goods or
property; (b)
assaulting any superior or co-employee at the
place of work; (c)
criminal offence involving moral turpitude
resulting in conviction in a court of law; (d)
theft, fraud, or dishonesty in connection
with the employer's business or property; and (e)
wilful non-observance of safety measures or
rules on the subject or wilful interference with safety devices or With fire
fighting equipment. (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. (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. (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. 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'. 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. 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. 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. [5] [(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: [6] [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'.] [1] Published
in the Karnataka Gazette, dated 6-4-1967. [2] Inserted
by Notification No. LD 104 LET 1004(VI), dated 1-3-2006, w.e.f. 24-3-2006 [3] Substituted
by SO No. 1680, dated 2-8-1982, Karnataka Gazette, dated 6-8-1982. [4] Substituted
for the words "any other establishment, the Chief Inspector of
Factories" by Notification No. LD 104 LET 1004(VI), dated 1-3-2006, w.e.f.
24-3-2006 [5] Sub-rule
(1) substituted by Notification No. LD 16 KABANI 2001(III), dated 6-7-2002,
w.e.f. 12-9-2002 [6] Sub-rule
(1) substituted by Notification No. LD 16 KABANI 2001(III), dated 6-7-2002,
w.e.f. 12-9-2002[1]THE KARNATAKA MATERNITY BENEFIT RULES, 1966
PREAMBLE