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Rules and regulations for running a crèche in India
The Maternity Benefit Act has come into effect from April 2017. It has increased the leave the mother can take from 12 weeks to 26 weeks. This shows the government is keen to bring about changes in the current laws to suit the needs of prenatal children and mothers. A similar enactment is expected for children in the age group 1 – 10 years. These are the children who are typically sent to crèches by working parents for appropriate care. The government has laid down broad rules and regulations for running a crèche in India, considering the popularity of such crèches coming up across the country to cater to the demand.
Moreover, the government is also clear about the need for establishments that employ 50 or more personnel that they should have crèche facilities as well. The rules and regulations for the establishment of such crèches too have been laid out and only await notification. Till that time, companies can delay the opening of a crèche.
The rules and regulations for running a crèche in India are as under:
1) The facility should be extended to children within the age group of 90 days to 10 years.
2) A minimum of 5 children in the above age group is required for a crèche to be set up.
3) The space specified per child is 6-8 sq feet so that they have sufficient room to play, rest and study without any disturbances.
4) The ventilation should be sufficient. Bright rooms promote better physical and mental health in growing children.
5) Sanitation should be clean, hygienic and well maintained at all times.
6) The play area should be outside of the centre with more than adequate space.
7) The kitchen/cooking area for food preparation has to be away from kids to prevent any accidents.
8) The sleeping facilities should be individual based and bed linen have to be clean and washed regularly.
10) Educational as well as play material have to be made available as per the needs of the children.
11) First aid with medicines for common ailments have to be made available. Bandages, disinfectants and ointments should be well stocked.
12) The caretaker of the children should have completed the crèche training program from a recognized institution.
13) The crèche should be manned at all times by a watchman.
14) Medical examination of the children has to be conducted every 3 months and relevant records have to be maintained for scrutiny at any time.
15) The setting up of the crèche and the required financial assistance is dependent on the number of children, the area under consideration. However the company or individual setting up the crèche will have to provide all facilities as per the norms laid down and cannot expect financial support for the wages of the nurse/watchmen or civil works.
16)After a few years, depending on the demand and utilization, a request for up gradation of the crèche can be put forward for approval.
17) Items such as utensils, crockery, toys, mattresses, pillows, walkers and so on are subject to wear and tear and should be replaced once in 3 years.
18) Other white goods like refrigerator, TV, washing machine can be replaced once in 7 years.
Creche facility rules in India
India is still not open to the culture of having your children in creche, but as working parents are increasing day by day, it is has become necessary to have creche facilities which will help working class parents. Regarding creche rules to be framed under the Amended Maternity Benefit Act, 1961.
The Maternity Benefit Act was amended to provide creche facilities in the Establishments employing 50 or more employees.
For effective implementation of this provision. It is necessary that Rules are framed prescribing amenities and facilities required to be provided in said creche. The Act provides that appropriate Government shall frame such Rules. The State Governments are appropriate Government under the Act for Establishments other than Mines and Circus. It is, therefore. requested that State Governments may take immediate action to frame and notify Rules for the creche facilities as the provision of creche of amended Act is already in effect from Is’ July 2017.
growing Need for Corporate Day cares and Creches in India
To address the child’s right to nutrition, health, care, learning, play, recreation and protection when parents and other primary care givers are engaged.
To instill confidence in mothers regarding the safety and well-being of their children in order to facilitate their economic empowerment and to have the feeling of security of a child and its future.
Various Acts under which Creches are mandated
Factories Act, 1948.
The Building and other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996.
The Mines Act: The Mines Crèche Rules, 1966.
Inter State Migrant Workmen (Regulation of Employment & Conditions of Service) Central Rules, 1980.
Plantations Labour Act, 1951.
The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) , 2005.
Maternity Benefit (Amendment) Act, 2017.
Rajiv Gandhi National Creche Scheme
Implemented by Ministry of WCD.
Earlier implemented as Central Sector Scheme through Central Social Welfare Board(CSWB) & Indian Council For Child Welfare(ICCW) ) till 31.12.2016
In view of NITI Aayog guidelines regarding implementation of Centrally Sponsored Schemes/ Central Sector Schemes through NGOs, the scheme is being run through the States/UTs w.e.f 01.01.2017.
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