EVOLVE : KNOWLEDGE SESSION # 06/21

COMPLIANCE OBLIGATIONS PERTAINING TO

CRÈCHE FACILITIES & PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES

DATE: July 20, 2021

 Overview

SL No. FOCUS Slide No.

1 Crèche facilities - Legislative Coverage 3

National Minimum Guidelines for setting up and running Crèches under the Maternity Benefit
2 6
(Amendment) Act, 2017

3 Compliance obligations on Protection of Children from Sexual Offences 8

4 Penalties 9

5 Q & A Session 10
 Crèche – Definition & Legislative Coverage

❑ A crèche is a facility which enables parents to leave their children while they are at work and where children are provided stimulating environment
for their holistic development. Crèches are designed to provide care to children, usually up to 6 years of age, who need guidance and supervision
away from their home during the day – Ministry of Women and Child Development, Government of India

❑ The Maternity Benefit Act 1961 was amended by way of the Maternity Benefit (Amendment) Act, 2017 to introduce various new requirements
including the need to provide a crèche facility as follows:

• Every establishment having 50 or more employees shall have the facility of crèche within such distance as may be
prescribed, either separately or along with common facilities

• The employer shall allow four visits a day to the crèche by the woman, which shall also include the interval for rest allowed
to her

• Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment
regarding every benefit available under the Act (Section 11A)
Crèche – Legislative Coverage (Cont.)
Factories Act, 1948
In every factory wherein more
than 30 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 6 years of such women.
(Section 48)
Maharashtra Shops &
Establishments (Regulation
of Employment & Conditions
of Service) Act, 2017
In every establishment wherein
50 or more workers are
employed, there shall be
provided and maintained a
suitable room or rooms as
crèche for the use of children
of such workers. (Section 23)
Contract Labour (Regulation &
Abolition) Act 1970 & Contract
Labour (Regulation & Crèche Rules, 1966
Abolition) Central Rules, 1971
In every establishment where 20
or more women are ordinarily
employed as contract labour,
there shall be provided 2 rooms
of reasonable dimensions for the
use of their children under the
age of 6 years - 1 of such rooms
shall be used as a playroom for
the children and the other as
bedroom for the children. (Rule
25 (2) (vi))
Mines Act, 1952 & Mines
In every mine, wherein women
is employed or were employed
on any day of the preceding 12
months, there shall be provided
and maintained suitable rooms
for the use of children under the
age of 6 years belonging to such
women, with the required
structure, cleanliness, safety,
provisions, staff and amenities
as prescribed. (Sections 58(d),
58(w) read with Rules 3 to 11)
 Crèche – Legislative Coverage (Cont.)
Crèche Facilities Under the Code on Social Security, 2020:
❑ Chapter-VI of Code relates to maintenance of crèche facility.
❑ Section-67 of the Code retains the 50-employee threshold, and the draft Rules provide that the facility shall be located either:-
✓ Within the establishment; or
✓ At an appropriate distance from the establishment such that it is easily accessible for women employees including a woman employee working
from home
❑ The crèche is to be maintained for the use of children under the age of 6 years and must contain adequate accommodation with lighting and
ventilation.
❑ Section-67 provides employers with the option of maintaining common crèche facilities. Thus, an establishment is now allowed to avail common
crèche facility of:-
✓ Central Government
✓ State Government
✓ Municipality
✓ Private entity
✓ Non-Governmental Organization
✓ Any other organization or group of establishments who may pool their resources for setting up a common crèche
❑ The employer is also required to provide intimation in writing electronically to every woman at the time of her initial employment. This
intimation shall provide details on every benefit available to such a woman employee under the Maternity Benefit chapter of the Code.
❑ The employer is also required to provide women employees with 4 visits a day to the creche that are inclusive of her intervals of rest.
 National Minimum Guidelines for setting up and running Crèches under
the Maternity Benefit (Amendment) Act, 2017
❑ The Ministry of Women and Child Development, Government o India has formulated these guidelines to standardize the quality of crèches and to ensure
effective implementation of the Act

❑ The guidelines provide a list of minimum standards and norms based on child development principles in alignment with the National ECCE Policy 2013

PARTICULARS DETAILS
An establishment having 50 or more employees. Employees include regular, temporary, daily wage, consultant, contractual and other such
1 Applicability
personnel. The crèche facility to be extended for children of age group of 6 months to 6 years
The crèche facility should be near/at the workplace site or within the neighborhood of the employees which shall mean within 500 meters from
2 Location
the establishment or its premises
Crèche timings shall be flexible such as to match the timings of the parents. In case the establishment has day and night shifts, the crèche is
3 Timings
also expected to run in shifts
Crèche should be built with a minimum space of 10 to 12 sq. ft. per child with proper light and ventilation, provision of safe and potable drinking
4 Infrastructure
water etc.

The crèche unit should have up to 30 children. The Guidelines provides for appointment of one crèche-in-charge along with one helper for every
10 children under the age group of 3 years and for every 20 children in the age group of 3 to 6 years. However, in case the number of children
5 Human Resource
is less than 5, a crèche-in-charge may not be appointed. A specified selection criterion, training schedule and role of each worker has also been
prescribed

Crèche Monitoring The Guidelines provide for setting up of a committee having a representation from the parents, one crèche worker, crèche in-charge, one
6
Committee admin/HR person
 National Minimum Guidelines for setting up and running Crèches under
the Maternity Benefit (Amendment) Act, 2017 (Cont.)
PARTICULARS DETAILS

Every establishment to adopt child protection policy and provides for a prototypical policy as a guide. The policy is aimed at prohibiting
7 Child Protection Policy child abuse. As per the policy, a complaints committee is required to be set up which shall take into cognizance all complaints as
received under the policy and the redressal of the same

8 Displays Daily schedule, child safety and essential norms, and other relevant material are required to be displayed on the walls of the crèche

The Guidelines provide for a suggestive list of equipment and material required by establishment to be maintained at the crèche facility.
Crèche equipment and
9 The materials include both recurring material such as furniture, utensils etc. and non-recurring material (Annually/bi-annually/monthly
material
/quarterly) such as eatables, stationery and clothes

The Guidelines prescribe regular check-up for children preferably on a monthly basis. The Guidelines also provide for a sample
10 Health Practices
immunization schedule as is used under Indradhanush programme of Ministry of Health and Family Welfare

3 meals are required by the Guidelines to be served in a day. A sample meal chart, calorie requirement chart for different age group of
11 Nutrition Practices
children and the WHO standard growth monitoring chart has been suggested

Hygiene & Sanitation The Guidelines prescribe measures to be taken by the establishment to ensure hygiene and sanitation of the crèche facility are
12
Practices maintained. Toys and other such items are required to be sanitized regularly
 Protection of Children from Sexual Offences Act, 2012 &
Protection of Children from Sexual Offences Rules, 2020

Particulars Responsibilities / Obligations

Emergency medical care to a child Ensure not to demand any legal or magisterial requisition or other documentation as a pre-requisite for rendering medical
1 care to a child? (Section 27 read with Rule 6 (3))

Medical examination of a child (in a.
respect of whom any offence has b.
been committed)
2 c.
In case the victim is a girl child, the medical examination is to be conducted by a woman doctor;
medical examination is to conducted in the presence of the parent of the child or any other person in whom the child
reposes trust or confidence;
in case the parent of the child or other person in whom the child reposes trust or confidence cannot be present, the
medical examination is to be conducted in the presence of a woman nominated by the head of the medical
institution? (Section 27)

Police verification and background Conduct police verification and background check on periodic basis, of every staff, teaching or non-teaching, regular or
check of employee contractual, or any other person being an employee, coming in contact with any child (in schools, crèches or any other
3
facility for children)? (Rule 3(4))

Report pornographic material In case of any pornographic material involving a child, the same shall be reported to the Special juvenile protection unit
involving children (SJPU) or local police, or on cyber-crime portal (cybercrime.gov.in) along with the necessary material including the source
4
from which such material has originated, platform of display of such material etc. (Section 19 read with Rule 11 (1) & (3))

Periodic trainings for Periodic training shall be organized for sensitizing the staff/employees (regular or contractual) on child safety and
5 staff/employees protection (Rule 3 (4), (5), (6))
 Penalties
Legislation Penal Provision

1 Maternity Benefit Act, 1961 Imprisonment up to 1 year, or fine up to 5,000/-, or with both

2 Factories Act, 1948 Imprisonment up to 2 years or fine up to Rs. 1,00,000/- or with both

• First offence: Fine up to INR 1,000 or imprisonment up to 3 months, or both

• Continuing offence: Additional fine up to INR 100 for every day during which such contravention continues after conviction for the first such
contravention.
Contract Labour
• Offences by Companies: (i) every person who, at the time of commission of the offence was in charge of and was responsible to the
3 (Regulation & Abolition) Act
company for the conduct of business of the company, as well as the company, will be deemed guilty of the offence and be liable to be
1970
proceeded against and punished accordingly.(ii) in case offence has been committed with the consent or connivance of, or is attributable
to any negligence on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or
other officer will also be deemed to be guilty of that offence and be liable to punishment.

• Fine up to INR 1,000, imprisonment up to three months, or both

4 Mines Act, 1952 • Offence by Company: All or any of the directors responsible to manage the affairs of the mine, may be prosecuted and punished, basis
such order of the Authority.

Maharashtra Shops &

Establishments (Regulation • Fine up to Rs. 1,00,000;
5 of Employment & • In case of continuing offence, additional Rs. 2,000 for every day such contravention continues;
Conditions of Service) Act, • In case of repeat offence of the same provision, fine upto Rs. 2,00,000
2017
Code on Social Security,
6 Imprisonment up to 6 months or with a fine up to 50,000 or with both
2020
Protection of Children from Imprisonment up to 3 years which may extend to 5 years, or with fine, or with both, and in the event of second or subsequent conviction, with
7
Sexual Offences Act, 2012 imprisonment of 5 years which may extend to 7 years and with fine.
 THANK YOU
Let’s Talk – Q & A Session