Haryana Government rolls out Draft Crèche Rules under the Maternity Benefit Act, 1961; invites comments and suggestions till 23rd August, 2019

After Karnataka and Chandigarh, now, the Labour Department, Haryana Government (Department), has, in a recent Notification dated 9th July, 2019, rolled out the draft Haryana Maternity Benefit (Amendment) Rules, 2019 (“Draft Rules”) to provide for crèche facilities and amenities in establishments employing 50 or more employees.

This Amendment has been proposed in sync with Section 4(1) of the Maternity Benefit (Amendment) Act, 2017 (“MBA) which mandates every establishment employing 50 or more employees, to provide a crèche facility within such distance as may be prescribed in the State Rules.

The Department has called for comments / suggestions, if any on the Draft Rules, which may be addressed to the Labour Commissioner, Haryana, 30 Bays Building, Sector-17, Chandigarh, before 23rd August, 2019.

Key Highlights:

  • The Government has rolled out the Draft Rules, where a new Rule 7A detailing the requirement of crèche facility has been inserted. This is consequent to notification of Section 4 of the Maternity Benefit (Amendment) Act, 2017, which makes it mandatory for establishments having 50 or more employees to provide and maintain a Crèche.
  • As per the draft Rules, Crèches will have to be maintained near the place of work or within a walkable distance, that is 500 meters, from the entrance gate of the establishment, for use of children (below 6 years) of such employees.
  • The building in which creche is situated must be well constructed and walls and roof must be of heat-resistant and waterproof. The floor and internal walls must have smooth impervious surface.Also, the building of the crèche must be so constructed as to afford adequate protection against heat, damp, wind and rain. While the interior walls must be lime-washed once in six months and the wood work must be painted or varnished once every three years. A minimum space of 6 to 8 sq. ft. per child must be available. The height of the rooms in the building must not be less than 12 feet from the floor to the lowest part of the roof.
  • There must be effective and suitable provision in every part of the crèche for securing and maintaining adequate ventilation. Sufficient and suitable natural or artificial lighting connected with emergency power back-up must also be made available. A closed wash-room, with separate space for washing and drying soiled clothes or bed linen must be there along with latrine and urinal.
  • The crèche would remain open all times, both in day and night when employees are working in the establishment.
  • Basic amenities including first aid and medicine kit, cradles, cot with bedding cooking facilities, cooking utensils, utensils to feed the children, chair or sitting accommodation for use of each mother for feeding or attending to her child, toys or play materials and teaching or learning materials must be provided at the crèche.
  • Drinking water and pure milk must be made available for each child who is accommodated in the crèche and wholesome refreshment must be provided for children above two years of age.
  • Sufficient and adequate crèche staff such as female attendant, cook, sweeper and chowkidar must be employed for attending to children in the crèche. A trained crèche-nurse must be appointed to ensure that the creche is kept in a clean and sanitary condition, that all children attending it are properly looked after, etc.
  • A monthly medical examination of children attending the crèche and that of nursing mothers every two months must be done by a qualified medical practitioner.
  • A record of particulars of children attending a crèche must be maintained as well as a register of complaint be kept in the crèche.
  • Also, the inspector will have the power to inspect the crèche at any time.

SourceLabour Department of Haryana

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