Workplace welfareCentral Government civilian service

Statutory vs Non-Statutory Canteens

A statutory canteen is required by applicable labour law; a non-statutory canteen is created administratively as an employee-welfare facility.

Last reviewed: 9 August 2026

Short answer

Statutory describes why the canteen must exist: an applicable law requires the covered establishment to provide it. Non-statutory describes a canteen or tiffin room opened under departmental welfare instructions even though that office is not under that legal duty. Non-statutory does not mean unauthorised or illegal.

Side by side

Point	Statutory canteen	Non-statutory canteen
Source of obligation	A labour statute and the rules made under it	Government or departmental administrative instructions
Why it is opened	The establishment meets the legal conditions for a canteen	Staff welfare and administrative convenience
Typical setting	A factory or another establishment covered by the applicable safety law	A Ministry, Department or office canteen/tiffin room outside that statutory trigger
Governing details	The applicable Code, rules and notified standards	DoPT/departmental scheme, recognition, sanction and local management orders
Meaning of the label	Identifies a legal basis for the facility	Identifies an administrative basis for the facility

The current legal position

The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025 and replaced the earlier central Factories Act framework. Section 24(1)(v) now requires a canteen in an establishment where 100 or more workers, including contract labourers, are ordinarily employed, with the detailed standards governed by the applicable rules.

Section 1(3) says the Code does not apply to offices of the Central or State Governments. Its proviso, however, makes the Code applicable in the case of contract labour employed through a contractor where the Government is the principal employer. The facts of the establishment and engagement therefore matter.

This is why older notes may say that a statutory canteen was one required under section 46 of the Factories Act, 1948. That description is historically useful, but a present-day case should be tested under the Code, its rules and any applicable State provision rather than copied from an old threshold.

DoPT continues to describe Central Government office canteens and tiffin rooms established through its welfare machinery as non-statutory departmental canteens.

Why it matters in an office

The label determines the source to consult for establishment, staffing, subsidy, equipment, inspection and welfare standards. It does not, by itself, settle whether every person working in the canteen is a Government servant. For that question, examine who appointed the person, the applicable recruitment rules, departmental control, recognition orders and any special railway or departmental scheme.

Common mistake

Do not treat “non-statutory” as “private” or “unrecognised.” A properly sanctioned departmental canteen can be an official welfare facility without being one that a labour statute compelled the office to open.

Official basis

Check the establishment-specific rules before relying on a historical “statutory/non-statutory” label, especially in Railways, defence establishments and offices using contract labour.