Understanding Factories Act Compliance: Section 42 and Creche Provision Clarification

Dear seniors
Please clarify the following issue
We have 1200 employee in our company out of this 49 female and 1151 male .We have been complying under section 42 factories act crèches ,
Meanwhile at the present female strength reduced 49 to 25 . we wont increase female strength in the future
My clarification which is we may get exemption form section 42
Thanks Regards
Hekarthi

Dear Mr. Hekarthi,

Please let me correct: Section 48 pertains to creche and not Section 42 of the Factories Act. In Maharashtra, as per the Factories Rule 92, the provisions of Section 48 do not apply to factories engaging married women or widows exceeding 15, or the total number of children below the age of 6 years of all the women workers in the factory does not exceed 4, subject to making alternative arrangements for a creche room.

Please check the Tamil Nadu Factories Rules to see if a similar provision exists. If so, and if it is similar to the Maharashtra Factories Rules, you may have to provide for a creche room as prescribed.

As per Section 48 of the Factories Act, once any feature becomes applicable, regardless of whether the criteria are lower than specified, the facilities cannot be withdrawn.