Section 47 of the Factories Act 1948 - Shelters, Rest Rooms and Lunch Rooms
Section 47 of the Factories Act, 1948 historically required specified factories to provide shelters or rest rooms and a lunch room for workers. The Factories Act has since been repealed, and the subject is now principally governed by Section 24 of the Occupational Safety, Health and Working Conditions Code, 2020 and the applicable rules.
What Section 47 of the Factories Act 1948 provided
Section 47(1): In a factory where more than 150 workers were ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, including drinking-water provision, were required to be provided and maintained for workers. A canteen maintained in accordance with Section 46 could count towards this requirement. Where a lunch room existed, workers were not to eat food in the work room.
Section 47(2): The shelters, rest rooms and lunch rooms were required to be sufficiently lighted and ventilated and maintained in a cool and clean condition.
Section 47(3): The State Government could prescribe standards concerning construction, accommodation, furniture and equipment, and could exempt a factory or class or description of factories by notification in the Official Gazette.
Meaning and purpose of the old Section 47
The provision formed part of the welfare chapter of the Factories Act. Its object was to ensure that workers in larger factories had a suitable place away from the work area for rest and meals, together with drinking water and basic standards of lighting, ventilation and cleanliness.
The expression "ordinarily employed" referred to the normal employment strength for deciding whether the statutory threshold applied; it was not framed merely as a count of persons present at a particular moment. The detailed physical standards could also depend on rules made by the competent State Government.
Current law under the OSHWC Code 2020
Section 24 of the Occupational Safety, Health and Working Conditions Code, 2020 deals with welfare facilities in establishments. Section 24(2)(iii) enables prescription of adequate, suitable and separate shelters or rest rooms for male, female and transgender employees and lunch rooms in every factory and mine where more than 50 workers are ordinarily employed, as well as in a motor transport undertaking where an employee is required to halt at night.
Rule 56 of the OSHWC Central Rules 2026
For establishments governed by the Central Rules, Rule 56 requires, among other things, a sufficient and suitable lunch room with drinking water and washing facilities in every factory and mine where more than 50 workers are ordinarily employed. It also provides for separate facilities for male, female and transgender employees and prescribes standards relating to lighting, ventilation, hygiene, heat-resistant materials, floor area, seating and eating arrangements. A canteen maintained in accordance with Rule 53 is treated as compliance with Rule 56.
| Point | Earlier Factories Act position | Current Central framework |
|---|---|---|
| Main provision | Section 47, Factories Act 1948 | Section 24, OSHWC Code 2020 and Rule 56, OSHWC Central Rules 2026 |
| Factory threshold | More than 150 workers ordinarily employed | More than 50 workers ordinarily employed for the shelter/rest-room/lunch-room provision |
| Facilities | Shelters or rest rooms and suitable lunch room with drinking water | Lunch room with drinking water and washing facilities; prescribed shelter/rest-room standards |
| Separate facilities | Not expressed in Section 47 in the present Code terminology | Separate facilities for male, female and transgender employees under Rule 56 |
| Status | Repealed from 21 November 2025, subject to repeal and savings provisions | Current framework; applicable Central/State rules and notifications should be checked |
Important compliance point
Do not use the former threshold of more than 150 workers as the current general Central-rule threshold. Under the current OSHWC framework described above, the relevant threshold for factories and mines is more than 50 workers ordinarily employed. The appropriate Government and any applicable State rules, notifications, exemptions or later amendments should be verified for the particular establishment.
Official legal resources
For the authoritative statutory framework, see the Occupational Safety, Health and Working Conditions Code, 2020 on India Code, the Factories Act, 1948 PDF hosted by the Ministry of Labour and Employment, and the Official Gazette material relating to implementation of the OSHWC framework. For current factory compliance, also check the latest rules and notifications issued by the appropriate Government.
Frequently asked questions
Is Section 47 of the Factories Act 1948 still the current provision?
No. The Factories Act, 1948 was repealed when the OSHWC Code framework was brought into force on 21 November 2025. Section 47 remains relevant for understanding the earlier law and for issues preserved by the repeal and savings provisions.
What is the present provision for shelters, rest rooms and lunch rooms?
The corresponding current framework is found principally in Section 24 of the OSHWC Code, 2020. For establishments governed by the Central Rules, Rule 56 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 contains detailed requirements.
What worker threshold applies under the current Central framework?
For the Rule 56 requirement applicable to factories and mines, the threshold is more than 50 workers ordinarily employed. This should be read with Section 24 of the Code and any rules or notifications applicable to the establishment.
Legal note: This page is a general statutory guide. Labour-law compliance can depend on the appropriate Government, establishment type, applicable rules, exemptions and notifications.