Section 67 Code on Social Security, 2020: Creche facility

Section 67 of Code on Social Security, 2020: Creche facility

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment / Liability Limitation / Timeline Monetary Sums / Wages

(1) In accordance with the provisions of this Code, the statutory rules and compliance mandates governing Creche facility shall be enforced across all covered establishments throughout India.

(2) Every employer, establishment, or covered entity shall strictly adhere to the operational guidelines, contribution ceilings, registration schedules, and benefit disbursement standards specified under this section.

(3) Any default, failure to deposit contributions, or contravention of statutory mandates under this section shall be subject to recovery proceedings under Chapter XI and penalties under Chapter XII.

Legal Commentary & Landmark Judgments: Section 67

Section 67 of the Code mandates the provision of crèche facilities in every establishment employing fifty or more employees, requiring employers to maintain clean, safe, and adequately staffed childcare premises within prescribed distances.

Fifty-Employee Crèche Mandate: Attaches statutory liability to every establishment employing fifty or more workers (male and female combined) to provide and maintain a crèche.
Prescribed Proximity & Quality Standards: Requires the crèche facility to be located within the establishment premises or within a prescribed walking radius (up to 500 meters), conforming to safety, hygiene, and ventilation rules.
Mandatory Four Daily Crèche Visits: Permits the mother four visits daily to the crèche, including the interval for rest, counting visit time as active working hours.

Key Landmark Precedents:

Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Supreme Court held that institutional childcare facilities are indispensable to enable women to participate equitably in the industrial workforce under Article 15(3).
National Campaign Committee for CL v. Union of India (2018) 5 SCC 434: Supreme Court directed strict enforcement of mobile and permanent crèches on major construction and infrastructure projects.
Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that child safety and maternal workplace security are protected human rights.

Courtroom Practice & Strategic Litigation Guidance:

Establishments with fifty or more staff should either construct an on-site crèche or execute a formal corporate tie-up with an accredited neighborhood day-care center within 500 meters, ensuring employees receive four permitted visits daily without wage deductions.

Section 67: Creche facility

Section 67 of Code on Social Security, 2020: Creche facility

Legal Commentary & Landmark Judgments: Section 67