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Section 46 of the Factories Act 1948 - Canteens and Current Law

Section 46 of the Factories Act, 1948 historically empowered State Governments to require canteens in specified factories employing more than 250 workers. The central legal framework has since changed. The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025 and repealed the Factories Act, 1948, subject to statutory savings.

Current legal position: For establishments covered by the Occupational Safety, Health and Working Conditions Code, 2020, canteen welfare is now dealt with principally by Section 24(1)(v). It refers to canteen facilities where 100 or more workers, including contract labourers, are ordinarily employed. Detailed requirements depend on the rules applicable to the establishment. The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 apply where the Central Government is the appropriate Government under the Code; applicable State rules should also be checked where the State Government is the appropriate Government.

What did Section 46 of the Factories Act 1948 provide?

Section 46 formed part of the welfare provisions of the Factories Act, 1948. It authorised the State Government to make rules requiring an occupier to provide and maintain a canteen or canteens for workers in a specified factory where more than 250 workers were ordinarily employed.

Historical text of Section 46 - Canteens

(1) The State Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.

(2) Without prejudice to the generality of that power, the rules could provide for:

  • the date by which the canteen was to be provided;
  • standards for construction, accommodation, furniture and other canteen equipment;
  • foodstuffs to be served and the charges that could be made;
  • a managing committee and representation of workers in canteen management;
  • items of expenditure in running the canteen that were to be excluded from the cost of foodstuffs and borne by the employer; and
  • delegation to the Chief Inspector, subject to prescribed conditions, of the power concerning foodstuffs and charges.

The expenditure clause was inserted by Act 94 of 1976 with effect from 26 October 1976.

Important: Section 46 is useful for understanding the historical Factories Act regime and matters saved under the repeal provisions. It should not be presented as the present central canteen provision after commencement of the OSHWC Code on 21 November 2025.

Current provision: Section 24 of the OSHWC Code 2020

Section 24 is the welfare-facilities provision of the Occupational Safety, Health and Working Conditions Code, 2020. Section 24(1)(v) places canteens within the welfare facilities to be provided and maintained by the employer and specifies a threshold of 100 or more workers, including contract labourers, ordinarily employed.

This is a significant change from the old Section 46 framework, which referred to specified factories with more than 250 workers and operated through State Government rules. The current Code uses a 100-worker threshold in Section 24(1)(v), expressly includes contract labourers in that count, and must be read with the applicable rules.

Central Rules 2026: canteen requirements

For establishments governed by the Central Rules, Rule 53 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 contains detailed canteen requirements. Among other things, it requires a canteen in or adjacent to the establishment for specified establishments where 100 or more workers including contract labourers are ordinarily employed.

Rule 53 also addresses matters such as location of the canteen, dining hall and kitchen facilities, hygiene, food handling, waste disposal, display of charges, sale of food on a no-profit-no-loss basis and a Canteen Management Committee. A common canteen in or adjacent to the establishment may also be provided in accordance with the rule.

Old law and current law at a glance

Point Factories Act 1948 - Section 46 OSHWC Code 2020 - Section 24(1)(v)
Status Historical provision; Factories Act repealed subject to savings Current central statutory framework from 21 November 2025
Canteen threshold More than 250 workers in a specified factory, through State rules 100 or more workers including contract labourers ordinarily employed
Responsible person Occupier Employer under the Code
Detailed standards Rules made under the Factories Act Applicable rules under the OSHWC Code; Central Rules 2026 where the Central Government is the appropriate Government

Meaning of important terms

Canteen

For the purpose of these welfare provisions, a canteen is a workplace food facility maintained for employees in accordance with the governing statute and applicable rules. Under the Central Rules 2026, the prescribed facility includes requirements relating to food quality, hygiene, accommodation, equipment and management.

Ordinarily employed

The statutory threshold is framed by reference to workers who are ordinarily employed, rather than merely the number present on a single isolated day. Employers should therefore assess the regular workforce position and maintain reliable employment and contract-labour records.

Contract labourers

Section 24(1)(v) expressly includes contract labourers when determining whether the 100-worker canteen threshold is met. This express wording is an important difference from the text of old Section 46.

Official legal sources

Legal note: Labour regulation can depend on the identity of the appropriate Government, the type of establishment and applicable Central or State rules. For compliance, the Code should be read together with the rules and notifications applicable to the particular establishment.