Rule 53: Provision of Canteen

Finin2min analysis — operative rule mechanics

Full notified text — Rule 53

53. Provision of Canteen.- Employer of every factory, mine, building or other construction work,
     industrial premise for manufacture of beedi and cigar, motor transport undertaking, dock work and
     plantation shall ensure that:-

           (i)     at every establishment mentioned above where in One-hundred or more workers including
                   contract labourers are ordinarily employed, a canteen in or adjacent to the precincts of the above
                   establishments, is provided and maintained to provide nutritious, wholesome and healthy food
                   for the employees;
           (ii) the employer of every establishment mentioned above can also provide facility of canteen
                   through common canteen in or adjacent to the above establishment’s premises;
           (iii) the canteen is situated at appropriate distance from any latrine, urinal and process area to avoid
                   dust, smoke or obnoxious fumes;
           (iv) the canteen is constructed to accommodate at least a dining hall, kitchen, store room, pantry
                   and washing places separately for employees and for utensils;
           (v)     canteen has separate doors for entry and exit;

         (vi) the dining hall is separated from any place where a hazardous substance may contaminate food,
               dishes or utensils;
         (vii) the dining hall is furnished with a sitting arrangement to accommodate sufficient number of
               employees normally using at any one time;
         (viii) a portion of the dining hall and service counter is reserved for women employees and person
               with disabilities employees; and
         (ix) washing places for male, female, transgender and person with disabilities employees are
               separate and screened to secure privacy;
          (x) Equipment-

      (a) All equipment and utensils that come into contact with food are cleaned and maintained in hygienic
      condition;
      (b) Furniture and other equipment are maintained in a clean and hygienic condition;

      (xi) Storage, Preparation and Handling of food-

      (a) Each food handler is trained and instructed in food handling practices that prevent the contamination
      of food; and
      (b) No person who is suffering from a communicable disease is allowed to work as a food handler;

      (xii)    food waste and garbage are removed from the food preparation area or dining hall, stored in
               covered containers and disposed of periodically;
      (xiii)   food, drink and other items are sold on a no profit no loss basis wherein the rates are fixed by
               canteen management committee; and
      (xiv)    the charges per portion of food items, beverages and any other items served in the canteen are
               displayed in the canteen;
      (xv)     Canteen Management Committee-

      (a) a Canteen Managing Committee is constituted to carry out the following functions namely

      (i) the quality and the quantity of food stuffs to be served in the canteen;
      (ii) the arrangements of the menu;
      (iii) the timings of meals in the canteen; and
      (iv) any other relevant matter:

      Provided that where the canteen is managed by a co-operative society registered under the Multi State
      Co-operative Societies Act, 2002 it shall not be necessary to appoint a Canteen Managing Committee:

    (b) the Canteen Managing Committee shall consist of an equal number of representatives of worker and
           employer;
    (c) the representatives of employer are nominated by the employer;
    (d) the representatives of worker are nominated by negotiating union or negotiating council as the case
           may be and where there is no negotiating union or negotiating council the worker will choose
           amongst themselves the worker representatives of the canteen committee;
    (e) the tenure of the committee shall be determined mutually. One-third of the committee members of
           worker and employer shall be rotated every two years;
    (f) the canteen managing committee decides on the running of the canteen in consultation with the
           canteen manager.

Application and evidence

1. Primary statutory test — Employer of every factory, mine, building or other construction work, industrial premise for manufacture of beedi and cigar, motor transport undertaking, dock work and plantation shall ensure that:- (i) at every establishment mentioned above where in One-hundred or more workers including contract labourers are ordinarily employed, a canteen in or adjacent to the precincts of the above establishments, is provided…
2. Additional operative limb — (vi) the dining hall is separated from any place where a hazardous substance may contaminate food, dishes or utensils;
3. Qualification / exception to test — Provided that where the canteen is managed by a co-operative society registered under the Multi State Co-operative Societies Act, 2002 it shall not be necessary to appoint a Canteen Managing Committee: (b) the Canteen Managing Committee shall consist of an equal number of representatives of worker and employer; (c) the representatives of employer are…
4. Numerical or timing control — One-third of the committee members of worker and employer shall be rotated every two years;
5. Code Section mapping — 24. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker.

Cross-references & prescribed forms

Worked example

Q&A — Rule 53

Primary sources