Section 67 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 67 requires every establishment to which Chapter VI applies, with fifty or more employees, to have a crèche facility within a prescribed distance, and to tell every woman in writing and electronically about her benefits at the time of her initial appointment.
An establishment under Chapter VI with fifty employees (or such number as the Central Government prescribes) must provide a crèche, separately or with common facilities, within the prescribed distance (s.67(1)). The woman must be allowed four visits a day, including her rest intervals. An establishment may use a common crèche run by Government, a municipality, a private entity, an NGO or a pool of establishments. Every such establishment must intimate in writing and electronically every woman, at initial appointment, about every benefit under the Chapter (s.67(2)). The Central Rules set the standards.
Why it matters
A crèche is a capital and operating commitment, and an inspector looks for it. The duty also carries a statutory communication step that HR often skips: the written and electronic intimation of benefits at appointment. Our labour law compliance team helps employers map headcount against these thresholds. For the former position on crèches, see our post on crèche provisions under the Maternity Benefit Act.
What section 67(1) says
| Element | Text |
|---|---|
| Who | Every establishment to which Chapter VI applies, in which fifty employees or such number as prescribed by the Central Government are employed |
| What | The facility of crèche, separately or along with common facilities |
| Where | Within such distance as prescribed by the Central Government |
| First proviso | The employer shall allow four visits a day to the crèche by the woman, which include the intervals of rest allowed to her |
| Second proviso | An establishment may use a common crèche of the Central Government, State Government, municipality, a private entity, an NGO, or any other organisation or group of establishments that pool resources in the manner they agree |
The trigger is "employees", not "women employees", so a fifty-person establishment with few women still falls within the count. The Code does not say in section 67 how the fifty is counted over time; the rule uses "ordinarily employed".
Section 67(2): written intimation at appointment
Every establishment to which the Chapter applies must intimate in writing and electronically to every woman, at the time of her initial appointment, every benefit available under Chapter VI. It applies to every establishment to which the Chapter applies, not only those with a crèche. A standard offer-letter annexure or an onboarding email can carry it, and HR should keep proof of delivery.
Central Rules: rule 37
Rule 37 of the Code on Social Security (Central) Rules, 2026 says that in every establishment where fifty or more employees are ordinarily employed, a crèche shall be provided and maintained for children under six years of such employees. Criteria under rule 37(2) include:
- located within one kilometre of the establishment (the competent authority can relax this for establishments in notified industrial parks or areas with a common crèche easily accessible);
- a safe, rain-proof building with lighting, ventilation and sanitary upkeep;
- at least ten square feet of floor area per child, and a fenced play area;
- working hours corresponding to the employees' hours, in shifts if needed;
- a woman with midwifery qualification or training as attendant, and one female ayah for every ten children where the number exceeds ten;
- cots, beds, sheets, blankets, toys and like items; arrangement for feeding children below fifteen months; bathrooms, toilets, first aid, a kitchen, drinking water, milk and refreshments.
Crèche allowance alternative
Under rule 37(2)(viii), where there is a sole negotiating union or negotiating council (under section 14 of the Industrial Relations Code, 2020), or else the majority of employees, they may agree with the employer that the crèche facility will be provided for women, widower or single-parent employees with children below six; if it is not provided, a crèche allowance is paid every month. The allowance is not less than Rs 500 per month per child, or such amount as the Central Government notifies, and is admissible for two children only, except where the count exceeds two because a second birth results in multiple births.
How it links to other sections
- Section 66: the two daily nursing breaks; rule 36 allows extra travel time up to 15 minutes to the crèche.
- Section 69: no wage deduction for nursing breaks (see sections 68 to 70).
- Rule 40(1)(c)(iv): an Inspector-cum-Facilitator checks compliance with section 67 at each inspection.
- Read our article on sections 65 and 66 for the breaks.
A worked example
An IT services company has 120 employees on a single floor. It is an establishment to which Chapter VI applies and has more than fifty employees, so it must provide a crèche. It cannot build within one kilometre, so it signs up to a common crèche run by a group of neighbouring establishments that pool resources, which s.67(1) second proviso allows. Employees' women colleagues may make four visits a day, including rest intervals. HR adds a line on crèche and other Chapter VI benefits to each woman's offer letter and sends it electronically. A smaller firm of 30 staff is outside the fifty threshold unless the Central Government prescribes a lower number. (Illustrative.)
Which rules apply
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is, the State's own rules on the number of employees, distance and standards apply.
Need help meeting the crèche and benefits-intimation duties?
Mapping headcount to the crèche threshold, documenting a common-crèche arrangement and standardising the written intimation are compliance tasks that are easy to defer. If you want your establishment reviewed against section 67 and rule 37, our labour law compliance team can help.
Key takeaways
- Fifty employees (or the number the Central Government prescribes) trigger the crèche duty.
- Crèche within the prescribed distance; under the Central Rules, within one kilometre, with relaxations for industrial parks.
- Four visits a day, including rest intervals.
- A common crèche is allowed; pooling of resources is expressly recognised.
- Written and electronic intimation of all Chapter VI benefits at initial appointment.
- Crèche allowance of at least Rs 500 per month per child can replace the facility by agreement, for two children.
Read next
- Sections 65 and 66: Leave for miscarriage and nursing breaks
- Sections 68 to 70: Dismissal during absence, deduction of wages and forfeiture
- Maternity Benefit Act 2017: 26 weeks, work from home and crèche
- Maternity benefit compliance checklist for employers
Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.