Can We Get an Exemption from Section 42 with Fewer Female Employees?

Clarification on Section 42 Exemption

We have 1,200 employees in our company, out of which 49 are female and 1,151 are male. We have been complying with Section 42 of the Factories Act regarding crèches.

Currently, the number of female employees has reduced from 49 to 25, and we do not plan to increase the female workforce in the future.

My question is whether we may get an exemption from Section 42 under these circumstances.

Thanks.

Regards,
Hekarthi

Section 48 pertains to crèches and not Section 42 of the Factories Act. In Maharashtra, as per Factories Rule 92, the provisions of Section 48 do not apply to factories engaging married women or widows exceeding 15, or where 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 crèche 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 crèche 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any feature becomes applicable, regardless of whether the criteria are lower than specified, the facilities cannot be withdrawn.