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Kenneth Dias

"Exemption from the provision of creche.- (1) In factories where the number of married women or widows employed does not exceed 15 or where the factory works for less than 180 days in a calendar year, or where number of children kept in the creche was less than 5 in the preceding year, the Chief Inspector may exempt such factories from the provisions of section 48 and the rules 104 to 108 made thereunder, if he is satisfied that alternate arrangements as stipulated under sub-rule (2) are provided by the factory.
(2)(a) The alternate arrangements required in sub-rule (1) shall include a creche building which has a minimum accommodation at the rate of 1.86 square meters per child and constructed in accordance with the plans approved by the Chief Inspector."

1. Can an Anganwadi or Balwadi located in the vicinity of an Industry be considered for exemption from the provision of creche?
2. Is it necessary to have a provision for a creche if the parents of children between ages of 1-5 do not require the same?

Appreciate some views on this.

From India, Nuvem
Partner - Risk Management
Agm - Hr&admin
Sr. Hr Manager
Kenneth Dias
Hr Consultant & Advisor



As per section 48 of the Factories Act, a creche facility is to be provided if 1) 30 or more women workers are employed 2) Such workers having children below the age of 6 yrs. If the above both criteria applies to your factory either one or both then you need to provide crèche facility.

From India, Madras

Provision of Creche facility is mandatory as per Factories Act, if the prescribed number of women workers are employed. However, Chief Inspector of Factories can exempt stipulations as per Act, if a factory has other alternative facilities.

Please have a dialogue with the Inspector of Factories under whose jurisdiction, your factory operates and then make a request to CIF&B.

From India, Aizawl

Also please check the conditions in maternity benefit act and rules. You may get exemption in factory act, but not in maternity benefits act
From India, Mumbai
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