Is It Mandatory to Provide Food or Just Canteen Space for 250+ Employees in Gujarat?

Dear Experts, please help me with the following concern: We have more than 250 employees in the company, with a total of 350 staff members. The question now arises about the provision of canteen facilities as per factory rules.

Is it mandatory to provide food to the employees, or is it sufficient to only provide a canteen space for meals?

Kindly assist me in clarifying this matter with regards to the state of Gujarat.

Canteen Facility Requirements

This is an interesting point that I often ask about.

The rule states that you need to provide a canteen facility. The matter is not clearly defined, but it is mostly accepted that a canteen means food must be provided. Otherwise, it would be called a lunchroom.

You do not need to provide free food. You can charge for the food, but not to make a profit of more than 5%.

Dear sir, I agree with the first reply given above. The Factories Act, 1948, takes care of the safety, health, and welfare measures of employees working in the factory. Section 46 of the Factories Act, 1948, states that every employer with more than 250 workers has to provide canteen facilities for workers. The Factories Rules of the states also mandate such a requirement for the provision of the canteen. Non-provision of a canteen facility would lead to penal action by the State Government.

Now, there is not actually an employee category provided, but as per the above statement, it is a worker category. For officers and above, there is no specific mention about canteen facilities, but surely, when canteen facilities come, obviously, food provision, food safety, work safety, health wellness, and Food Regulatory Compliances also come along with it. I hope I have answered your question.

Regards

Canteen Provisions Under the Factories Act

The provisions of the Factories Act state that you cannot make a profit on canteen operations. However, there is nothing to say you can't charge for the food. Therefore, it is not compulsory that the food be provided for free (otherwise, there would be no need for a section stating you cannot make a profit).

Application to All Factory Workers

With reference to Subodh's post, there is only one problem. The Factories Act defines a worker as everyone in the factory other than the occupier and the works manager (who have special status). There is no other category. Therefore, the provision for the canteen will apply to everyone, whether they are an officer or a worker.