Rule 58: Crèche Facility

Finin2min analysis — operative rule mechanics

Full notified text — Rule 58

58. Crèche Facility.- Employer of every factory, mine, building or other construction work, industrial
            premise for manufacture of beedi and cigar, motor transport undertaking, dock work and plantation
            shall ensure that-

      (i)        wherein more than fifty workers are ordinarily employed, a crèche facility is provided and
                 maintained for the use of children under the age of six years of employees;

     (ii)     mobile crèche will be provided, wherever required;
     (iii)    each Crèche facility is free and accessible to all employees;
     (iv)     the Crèche is located within the workplace as much as possible, or in a nearby accessible
              location;
     (v)       the Crèche is not situated in close proximity to any part of the building or construction worksite
              where obnoxious fumes, dust or odours are given off or in which excessively noisy processes
              are carried on;
     (vi)     there is in or adjoining the crèche a suitable washroom for the washing of the children and their
              clothing;
     (vii)    the Crèche is maintained in a clean, hygienic and sanitary condition;
     (viii)   personal cleanliness of the child is maintained;
     (ix)     the Crèche is under the charge preferably woman for the care of children and infants;
     (x)      police verification of in charge of creche, support staff and guard are mandatory;
     (xi)     the person in charge of the crèche should have and maintain information about the child’s
              identity, residential address etc;
     (xii)    details of the person who is picking up and dropping the child to the creche should be available
              with the caretaker and the child should be handed over to that person only. In case any other
              person picks up or drops the child, then such person’s identity with the authorization from
              parents would be necessary;
     (xiii)   attendance of all children is taken in the morning on the child’s arrival as well as at the time
              when child is picked up;
     (xiv)    sufficient supply of clean clothes, soaps and clean towels is available for each child while the
              child is in the Crèche;
     (xv)     the Crèche is furnished with a suitable number of resting arrangements;
     (xvi)    sufficient supply of nutritious, wholesome and healthy food to all children as per their dietary
              requirements is provided;
     (xvii) all sharp objects like scissors, knives, blades, pins etc. are always kept away from the children;
     (xviii) chemicals such as detergents, cleaning agents, phenyl etc. are kept out of the child’s reach;
     (xix)    the Crèche is provided with non-combustible covered receptacles for the disposal of waste food
              or other waste material;
     (xx)     all electrical switches or plugs are out of children’s reach;
     (xxi)    planning of evacuation plan and display of the same at the crèche;
     (xxii) no child is left alone at any point in the crèche, even during breaks;
     (xxiii) any kind of verbal or physical abuse is strictly prohibited;
     (xxiv) any kind of sexual abuse and sexual exploitation to be strictly dealt under Protection of Children

               from Sexual Offences Act, 2012;
      (xxv)    through the supervisor, that no persons, known or unknown be allowed inside the crèche at any
               point of time, during the functioning hours of the crèche. For example, civil work should
               preferably be done during weekend or holidays only;
      (xxvi) the Crèche has Closed Circuit Television monitoring during the working hours;
      (xxvii) important and emergency contact numbers (helplines like 112, 1098, fire services, child
               protection officer, nearest police station etc.) are displayed within the creche premises for easy
               access and reference;
      (xxviii) required medical support system or staff is made available on call;
      (xxix) feeding room to be provided in the Crèche:

          Provided that an establishment can avail common crèche facility of the Central Government, State
      Government, municipality or private entity or provided by non-governmental organisation or by any
      other organisation or group of establishments may pool their resources for setting up of common crèche
      in the manner as they may agree for such purpose.

Application and evidence

1. Primary statutory test — Employer of every factory, mine, building or other construction work, industrial premise for manufacture of beedi and cigar, motor transport undertaking, dock work and plantation shall ensure that- (i) wherein more than fifty workers are ordinarily employed, a crèche facility is provided and maintained for the use of children under the age of six years of employees;
2. Additional operative limb — (ii) mobile crèche will be provided, wherever required;
3. Qualification / exception to test — Provided that an establishment can avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-governmental organisation or by any other organisation or group of establishments may pool their resources for setting up of common crèche in the manner as they may agree for such purpose.
4. Numerical or timing control — Crèche Facility.- Employer of every factory, mine, building or other construction work, industrial premise for manufacture of beedi and cigar, motor transport undertaking, dock work and plantation shall ensure that- (i) wherein more than fifty workers are ordinarily employed, a crèche facility is provided and maintained for the use of children under the…
5. Code Section mapping — 24. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker, Central Government.

Cross-references & prescribed forms

Worked example

Q&A — Rule 58

Primary sources