Contents of the Social Security Code

The Code on Social Security, 2020

Section 67. Creche facility

In force since 21 Nov 2025Chapter VI — Maternity Benefit

Go to the official text ↓

In simple words

  • Every establishment covered by the maternity Chapter that has fifty employees (or another number the Central Government prescribes) must have a crèche within the prescribed distance, separately or as a common facility s. 67(1).
  • A woman is allowed four visits a day to the crèche, including her rest intervals s. 67(1), proviso.
  • Every woman must be told, in writing and electronically when she is appointed, about every maternity benefit s. 67(2).

An explanation, not the law. The official text below prevails.

Official text

(1) Every establishment to which this Chapter applies, in which fifty employees or such number of employees as may be prescribed by the Central Government, are employed shall have the facility of crèche within such distance as may be prescribed by the Central Government, either separately or along with common facilities:

Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her:

Provided further that an establishment may 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 who may pool their resources for setting up of common crèche in the manner as they may agree for such purpose.

(2) Every establishment to which this Chapter applies shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this Chapter.

Source: The Code on Social Security, 2020, Act No. 36 of 2020 — Gazette of India, pp. 48–49 of the PDF. Open our copy at p. 48 · official download · all sources

What the Labour Ministry says

  • “The creche facility is available to employees, irrespective of gender.” FAQ 23, Additional FAQs, 16 Mar 2026: official copy · our copy

This is the Ministry's explanation, not the law. Its FAQs and Handbook say the Codes prevail.

Explained simply in: Maternity benefit guide

Compliance obligations under this provision

Commencement In force since 21 Nov 2025

Notification wording (1)
  • S.O. 5319(E), in force from 21 Nov 2025: “sections 17 to 141”