Section 12:
Creches.
1[(1) In every plantation wherein fifty or more women workers (including women
workers employed by any contractor) are employed or were employed on any day of the preceding twelve
months, or where the number of children of women workers (including women workers employed by any
contractor) is twenty or more, there shall be provided and maintained by the employer suitable rooms for
the use of children of such women workers.
Explanation.--For the purposes of this sub-section and sub-section (1A), "children" means persons
who are below the age of six years.]
2[(1A) Notwithstanding anything contained in sub-section (1), if, in respect of any plantation wherein
less than fifty women workers (including women workers employed by any contractor) are employed or
were employed on any day of the preceding twelve months, or where the number of children of such
women workers is less than twenty, the State Government, having regard to the number of children of
such women workers deems it necessary that suitable rooms for the use of such children should be
provided and maintained by the employer, it may, by order, direct the employer to provide and maintain
such rooms and thereupon the employer shall be bound to comply with such direction.]
(2) 3[The rooms referred to in sub-section (1) or sub-section (1A)] shall--
(a) provide adequate accommodation;
(b) be adequately lighted and ventilated;
(c) be maintained in a clean and sanitary condition; and
(d) be under the charge of a woman trained in the care of children and infants.
(3) The State Government may make rules prescribing the location and the standards of 3[the rooms
referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation and
the equipment and amenities to be provided therein.
Notes:
1. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982).
2. Ins. by s. 6, ibid. (w.e.f. 26-1-1982).
3. Subs. by Act 58 of 1981, s. 6, for "such rooms" (w.e.f. 26-1-1982).