Creche alternatives - Can an Anganwadi or Balwadi located in the vicinity of an Industry be considered for exemption from the provision of creche?

Exemption from the provision of creche: 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 the 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 rules 104 to 108 made thereunder if he is satisfied that alternate arrangements as stipulated under sub-rule (2) are provided by the factory.

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 is 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 the ages of 1-5 do not require the same?

Appreciate some views on this.

Hi,

As per Section 48 of the Factories Act, a crèche facility is to be provided if:
1) 30 or more women workers are employed
2) Such workers have children below the age of 6 years.

If both of the above criteria apply to your factory, either one or both, then you need to provide a crèche facility.

Provision of a creche facility is mandatory as per the Factories Act if the prescribed number of women workers are employed. However, the Chief Inspector of Factories can exempt stipulations as per the 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.

Also, please check the conditions in the Maternity Benefit Act and rules. You may get an exemption in the Factory Act, but not in the Maternity Benefits Act.