Rule 58 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.
Rule 58 makes a creche compulsory for the employers it names wherever more than fifty workers are ordinarily employed, and it lists 29 conditions the creche must meet. It turns the enabling power in section 24(3) of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) into a working checklist on staffing, safety, hygiene, food and security.
Under rule 58(i), where more than fifty workers are ordinarily employed, the employer of a factory, mine, building or other construction work, beedi and cigar industrial premises, motor transport undertaking, dock work or plantation must provide and maintain a creche for children under six years of employees. The creche must be provided without charge and accessible to all employees. A mobile creche is to be provided wherever required. An establishment may use a common creche or pool resources with others.
Where rule 58 comes from
Section 24(3) of the OSH Code lets the Central Government make rules for a creche with a suitable room or rooms for children under six years of the employees, in establishments where more than fifty workers are ordinarily employed. The same sub-section has a proviso: an establishment can use a common creche of the Central Government, a State Government, a municipality, a private entity or a non-governmental organisation, and a group of establishments may pool their resources to set up a common creche in the manner they agree. Rule 58 repeats that proviso. You can read the wider welfare section in our section 24 explainer.
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own OSH rules apply, and the State's threshold and conditions may differ. A labour law compliance review helps decide which regime covers each of your sites.
Who must provide a creche
Rule 58 names seven kinds of employer: factory, mine, building or other construction work, industrial premises for manufacture of beedi and cigar, motor transport undertaking, dock work and plantation. Three points matter.
The trigger is headcount. Clause (i) speaks of "more than fifty workers" who are "ordinarily employed". The rule does not define "ordinarily" and does not say whether contract workers are counted. Read the Code's definitions of worker and contract labour before you decide; our definitions article on contract labour sets them out.
Shops and offices are not named. The text lists seven sectors only. An employer outside them is not covered by rule 58 as written, even though section 24(3) speaks of "establishments" generally. Check the State rules and any later notification.
Mobile creche. Clause (ii) says a mobile creche "will be provided, wherever required". The rule does not say who decides when it is required. For a construction site that moves from stage to stage, the practical reading is to plan for it at project start.
The 29 conditions at a glance
Rule 58 is a single list, clauses (i) to (xxix). Grouped by subject:
| Subject | Clauses | What they regulate |
|---|---|---|
| Coverage and access | (i)-(iii) | Creche for children under six where more than fifty workers; mobile creche; provided without charge and accessible to all employees |
| Location and surroundings | (iv)-(v) | Inside the workplace as far as possible, or nearby; away from fumes, dust, odours and excessive noise |
| Hygiene and cleanliness | (vi)-(viii), (xiv), (xix) | Washroom for children and clothing; clean, sanitary premises; clean clothes, soap, towels; covered non-combustible waste bins |
| Staff and verification | (ix)-(xi) | Preferably a woman in charge; police verification of in-charge, support staff and guard; records of child identity and address |
| Handover and attendance | (xii)-(xiii), (xxii) | Child handed only to the person on record, or to one with parental authorisation; attendance at arrival and pick-up; no child left alone |
| Facilities | (xv)-(xvi), (xxix) | Resting arrangements; nutritious food as per dietary requirement; a feeding room |
| Physical safety | (xvii), (xviii), (xx), (xxi) | Sharp objects, chemicals and electrical points out of reach; evacuation plan displayed |
| Protection from abuse | (xxiii)-(xxv) | Verbal or physical abuse prohibited; sexual abuse dealt with under the Protection of Children from Sexual Offences Act, 2012; no outsiders inside during working hours |
| Monitoring and support | (xxvi)-(xxviii) | CCTV monitoring in working hours; emergency and helpline numbers displayed; medical support on call |
The text of each clause is short and mostly self-explanatory. For exact wording, for example the helplines named in clause (xxvii), read rule 58 itself in the Rules.
Common creche and pooled resources
The proviso is the cost-saving route. A single establishment can use a common creche run by government, a municipality, a private entity or an NGO. Several establishments can also pool resources to set one up "in the manner as they may agree". The rule leaves the agreement terms to the parties. If you pool, put the sharing of cost, location, staffing and verification duties in a written agreement, and keep in mind that the conditions in clauses (i) to (xxix) still describe what the creche must have. The rule text does not say that a pooled creche is exempt from any of them.
Practical examples
Example 1. A plantation employs 180 workers. Children under six are left in the field. The employer must provide a creche under clause (i). It places the creche near the workers' lines, away from the processing shed noise, appoints a woman as in-charge, gets police verification for her, the support staff and the guard, and installs CCTV for working hours.
Example 2. Three small units in an industrial cluster each employ 60 workers. Each is above the fifty mark. They agree to run one common creche, share the cost in proportion to headcount, and record the arrangement in writing.
Example 3. A builder's site is about to move from excavation to the structure. The employer plans a mobile creche because the workforce will relocate within the project.
Compliance checklist
- Count ordinary headcount site by site against the fifty mark.
- Decide between your own creche, a common creche or pooling.
- Complete police verification and identity records before opening.
- Display the evacuation plan and emergency numbers.
- Arrange food, resting arrangements, a feeding room and on-call medical support.
- Check whether the State's own rules apply instead.
Need help with creche and welfare compliance?
If you run several sites and are unsure which ones cross the fifty-worker mark or how a pooled creche should be documented, our team can walk through your headcount and welfare set-up. Start with our labour law compliance service and we will compare your facilities with the Code and the Central Rules.
Key takeaways
- Rule 58 applies to seven listed employers where more than fifty workers are ordinarily employed.
- The creche is for children under six years and must be provided without charge and accessible to all employees.
- A mobile creche is to be provided wherever required.
- There are 29 conditions covering location, hygiene, staff verification, food, safety, CCTV and helplines.
- Common creches and pooled resources are allowed.
- State rules govern where the State is the appropriate Government.
Read next
- Section 24 of the OSH Code: welfare facilities in the establishment
- Rule 59: mock drills
- Rule 53: canteen
- Crèche in factory: 30 women workers requirement
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(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.