Factories Act, 1948 · Chapter V: Welfare
Section 46: Canteens
The Factories Act, 1948 was repealed and replaced by the Occupational Safety, Health and Working Conditions Code, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.
(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 the foregoing power, such rules may provide for—
(a) the date by which such canteen shall be provided;
(b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen;
(c) the foodstuffs to be served therein and the charges which may be made therefor;
(d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; [(dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;]
(e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c).
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 46
- Mohan Singh & Ors. v. The Chairman Railway Board & Ors.
- Balwant Rai Saluja & Anr. Etc. Etc. v. Air India Ltd. & Ors.
- Hindalco Industries Ltd. v. Association of Engineering Workers
- State of Karnataka and Ors. v. Kgsd Canteen Employees Welfare Association and Ors.
- Haldia Refinery Canteen Emps. Union and Ors. v. M/S. Indian Oil Corporation Ltd. and Ors.
- National Thermal Power Corporation Ltd. v. Karri Pothuraju and Ors.
- Barat Fritz Werner Ltd. v. State of Karnataka
- Indian Petrochemicals Corpn. Ltd. v. Sharmik Sena and Anr.
- Vst Industries Ltd. v. Vst Industries Workers Union and Anr. Etc.
- State Bank of India and Ors v. State Bank of India Canteen Employees' Union (Bengal Circle) and Ors.
- Indian Overseas Bank v. I.O.B. Staff Canteen Workers Union and Anr.
- Indian Petrochemicals Corporation Ltd. and Anr. v. Shramik Sena and Ors.
- State of Tamil Nadu and Anr. v. Board of Trustee of the Port of Madras
- Employers in Relation to the Management of Reserve Bank of India v. Their Workmen
- Union of India (Railway Board) and Others v. J.V. Subhaiah and Others Etc.
- Parimal Chandra and Ors. v. Life Insurance Corporation of India and Ors.
- M.M.R. Khan and Ors. Etc. v. Union of India and Ors. Etc.
- V.K. Rama Rao and Ors. v. National Bank for Agriculture and Rural Development Through Its Managing Director, Poonam Chambers, Worli, Bombay and 18 Ors.
- Kanpur Suraksha Karamchari Union (Regd.) v. Union of India & Ors.
- Saraspur Mills Co. Ltd. v. Ramanlal Chimanlal & Ors.