1. Have you checked the Gujarat Rules ? Is there a provision in that for exemption from setting up a creche
2. Have you taken up the matter with the factory inspector or the deputy commissioner of labour about this ? They can also give you a waiver. I am told the Gujarat Labour Dept is very practical in their approach
From India, Mumbai
23952. Have you taken up the matter with the factory inspector or the deputy commissioner of labour about this ? They can also give you a waiver. I am told the Gujarat Labour Dept is very practical in their approach
From India, Mumbai
48. Creches.-(1) In every factory wherein more
than '[thirty women workers] are ordinarily employed
there shall be provided and maintained a suitable room
or rooms for the use of children-under the /age of six
years of such women.
(2) Such rooms shall provide adequate accommodation,
shall be adequately lighted and ventilated,
shall be maintained in a clean - and sanitary' condition
and shall be under the charge. of women trained in the
care of children and infants.
(3)- The '[State] Government may make rules--
(a) prescribing the location and the standards
- in respect of construction, accommodation,
furniture and other equipment of rooms to
-be provided, under this section' ;
(b) requiring the provision in factories to which
this section applies of additional facilities
x Subs. by the A.O. 1950, for " Provincial ".
' Subs. by Act 94 of- 1976, s. 23, for "fifty women workers ".
for the care of children belonging to women
workers, including suitable provision of
facilities for washing and changing their
clothing ;
(c) requiring the provision in any factory of
free milk or refreshment or both for such
children ;
(d) requiring that facilities shall be given in
any factory for the mothers of such children
to feed them at the necessary intervals.
From India, Pune
than '[thirty women workers] are ordinarily employed
there shall be provided and maintained a suitable room
or rooms for the use of children-under the /age of six
years of such women.
(2) Such rooms shall provide adequate accommodation,
shall be adequately lighted and ventilated,
shall be maintained in a clean - and sanitary' condition
and shall be under the charge. of women trained in the
care of children and infants.
(3)- The '[State] Government may make rules--
(a) prescribing the location and the standards
- in respect of construction, accommodation,
furniture and other equipment of rooms to
-be provided, under this section' ;
(b) requiring the provision in factories to which
this section applies of additional facilities
x Subs. by the A.O. 1950, for " Provincial ".
' Subs. by Act 94 of- 1976, s. 23, for "fifty women workers ".
for the care of children belonging to women
workers, including suitable provision of
facilities for washing and changing their
clothing ;
(c) requiring the provision in any factory of
free milk or refreshment or both for such
children ;
(d) requiring that facilities shall be given in
any factory for the mothers of such children
to feed them at the necessary intervals.
From India, Pune
Dear friends,
I don't know whether I'm right or wrong. I'm very curious to discuss the following two observations of Mr.Mansinh and "Sa-fety" combining together the excerpts of their posts are as follows:
" Mansinb Click on follow to get recommendations from Mansinb follow member
Member Since: Dec 2012
India Rajkot
Subject - Re: Query about section 48 of factories act 1948
No I don't want to claim against the factory but I want to claim against law because we have more than 30 female working in our organisation but they all are unmarried so why should I start creches facility which is totally useless thing for our company? I can spend those money by providing some other welfare activity rather than investing it in creches house."
" 48. Creches.-(1) In every factory wherein more than '[thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room
or rooms for the use of children-under the /age of six years of such women. "
Mansinh says they are "all unmarried women" and the Act says "children of such women", then does it mean the employer should ensure children who are supposed to use the creches should be children of such women only ?
Pl.don't read inbetween lines, I think Mansinh raised a valid point.
kumar.s.
From India, Bangalore
I don't know whether I'm right or wrong. I'm very curious to discuss the following two observations of Mr.Mansinh and "Sa-fety" combining together the excerpts of their posts are as follows:
" Mansinb Click on follow to get recommendations from Mansinb follow member
Member Since: Dec 2012
India Rajkot
Subject - Re: Query about section 48 of factories act 1948
No I don't want to claim against the factory but I want to claim against law because we have more than 30 female working in our organisation but they all are unmarried so why should I start creches facility which is totally useless thing for our company? I can spend those money by providing some other welfare activity rather than investing it in creches house."
" 48. Creches.-(1) In every factory wherein more than '[thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room
or rooms for the use of children-under the /age of six years of such women. "
Mansinh says they are "all unmarried women" and the Act says "children of such women", then does it mean the employer should ensure children who are supposed to use the creches should be children of such women only ?
Pl.don't read inbetween lines, I think Mansinh raised a valid point.
kumar.s.
From India, Bangalore
Hello Dear Mansinh,
Oh common yar, it appears that you do plan only for a shorter period, say for a week, or a month or maximum for a year. How dare you to think that your women employees never get married and don't bear children the next year or thereafter. Look beyond one year as well boss. A creche cannot get wasted atlease in India. That too India is not China, no limits (qty. & quality-age prescribed for bearing children) no age limit to give birth (of course there is age limit to get married, am I correct pal ?.So be prepared to provide a creche now itself to counter the Inspector.
kumar.s.
From India, Bangalore
Oh common yar, it appears that you do plan only for a shorter period, say for a week, or a month or maximum for a year. How dare you to think that your women employees never get married and don't bear children the next year or thereafter. Look beyond one year as well boss. A creche cannot get wasted atlease in India. That too India is not China, no limits (qty. & quality-age prescribed for bearing children) no age limit to give birth (of course there is age limit to get married, am I correct pal ?.So be prepared to provide a creche now itself to counter the Inspector.
kumar.s.
From India, Bangalore
Of course it may be necessary despite the facts, it is the Land of Mr.Modi’s land. Thanks child , wish you all the best for your early marriage as well. May God bless. kumar.s.
From India, Bangalore
From India, Bangalore
Under the central rules, the following exemption is provided for creche. You need to check if Gujarat has the same exemption :
100.Exemption from the provision of creche.-
Rule
pres- (1) In factories where the number of married women or widows cribedunder employed does not exceed 15 or where the factory works for less section 50 read than 180 days in a calendar year, or where number of children withsectionkept in the creche was less than 5 in the preceeding year, the Chief Inspector may exempt such factories from the provisions of section 48 and the rules 92 to 95 made thereunder, if he is satisfied that alternate arrangements as stipulated under sub-rule (2) are provided by the factory.
From India, Mumbai
100.Exemption from the provision of creche.-
Rule
pres- (1) In factories where the number of married women or widows cribedunder employed does not exceed 15 or where the factory works for less section 50 read than 180 days in a calendar year, or where number of children withsectionkept in the creche was less than 5 in the preceeding year, the Chief Inspector may exempt such factories from the provisions of section 48 and the rules 92 to 95 made thereunder, if he is satisfied that alternate arrangements as stipulated under sub-rule (2) are provided by the factory.
From India, Mumbai
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