Section 114 of Factories Act 1948 - No Charge for Facilities and Conveniences

Section 114 protected factory workers from being charged for statutory arrangements, facilities, equipment or appliances that the occupier was required to provide under the Factories Act, 1948. The provision is now mainly relevant for historical matters because the Factories Act was repealed when the Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025.

Current legal status: The Factories Act, 1948, including Section 114, stands repealed from 21 November 2025 under Section 143 of the Occupational Safety, Health and Working Conditions Code, 2020. The repeal is subject to the savings contained in Section 143, including preservation of qualifying actions taken under the repealed enactments.

Text of Section 114 of the Factories Act 1948

114. No charge for facilities and conveniences. Subject to the provisions of section 46 no fee or charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act.

Meaning of Section 114 in simple terms

While the Factories Act was in force, Section 114 placed the financial responsibility for statutory workplace facilities on the occupier rather than the worker. If the Act required an occupier to provide an arrangement, facility, equipment or appliance, the worker ordinarily could not be asked to pay a fee or charge for it.

The opening words, "subject to the provisions of section 46", were important. Section 46 dealt with canteens and authorised rules covering matters connected with canteen facilities, including charges for foodstuffs. Section 114 therefore did not operate in isolation from the special canteen provision.

Who was the occupier?

Under the Factories Act, 1948, the expression "occupier" generally referred to the person who had ultimate control over the affairs of the factory. Section 114 placed the obligation on the occupier where facilities, arrangements, equipment or appliances had to be supplied under that Act.

Current law from 21 November 2025

The Occupational Safety, Health and Working Conditions Code, 2020 is now the principal central legislation governing occupational safety, health and working conditions in this field. Section 143 of the Code repealed the Factories Act, 1948 when the Code was brought into force on 21 November 2025.

The current Code retains a closely related protection. Section 6(1)(g) requires an employer to ensure that no charge is levied on an employee for anything done or provided for maintaining safety and health at the workplace, including medical examination and investigation for detecting occupational diseases.

Section 24 of the Code separately deals with welfare facilities in establishments. It provides for prescribed welfare facilities such as washing facilities, bathing places and locker rooms, clothing storage and drying arrangements, seating, canteens in qualifying establishments, first-aid facilities and other prescribed welfare measures.

Practical point: For a dispute arising after 21 November 2025, the applicable provision should be checked under the OSH Code, the rules and notifications applicable to the establishment, and any relevant State rules. For older events, Section 114 and the repeal-and-savings provisions may still be relevant to the legal analysis.

Key points about former Section 114

It prohibited recovery of a fee or charge from a worker for facilities and equipment required to be provided under the Factories Act.
It was expressly subject to Section 46, the former provision concerning canteens.
It placed the cost of statutory workplace facilities on the occupier rather than the worker, subject to the Act.
It is no longer an operative provision for current compliance because the Factories Act was repealed from 21 November 2025.
Current workplace safety and welfare duties should be examined under the Occupational Safety, Health and Working Conditions Code, 2020 and applicable rules.

Official legal resources

India Code - Occupational Safety, Health and Working Conditions Code, 2020
Ministry of Labour and Employment - OSH Code text
Press Information Bureau - Labour Codes effective from 21 November 2025

Legal status reviewed: 26 September 2026. This page is for general legal information and should be read with the applicable Central and State rules, notifications and judicial decisions.