THE TAMIL NADU CATERING ESTABLISHMENTS RULES, 1959

1 · [1. Short title and extent. -(1) These rules may be called the Tamil Nadu Catering Establishments Rules, 1959.

2 · [3. Form of application and fees to be sent by the employer to the Inspector under sub-section (1) of section 4. (1) The application to be sent by the employer to the Inspector under sub-section (1) of section 4 shall be in Form No. I.]

1 · Subs. by S.R.O. No. A-696 of 1963, dated the 28 th June, 1963

2 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975

1 · [THE TABLE]

2 · [3-A. Inspector's power to call for particulars before registration. -Before registering the catering establishment and issuing a registration certificate under 3 [sub-section (3) of section 4], the Inspector may, for the purpose of being satisfied about the correctness of the 4 [application] sent to him under sub-section (1) of that section, call for such particulars as he may think fit.]

5 · [(2) The registration certificate shall be in duplicate in Form No. III, one to be issued to the employer and the other to serve as counterfoil.]

5 · Form in which the employer should notify any change to the Inspector under section 5. -(1) The employer shall notify every change he is required to notify' under section 5 in Form No. IV.

1 · Subs. by G.O.Ms. No. 108, Labour and Employment (H-1), dated 25 th May 2017 (w.e.f 21 st June, 2017) .

2 · Ins. By S.R.O. No. A -428 of 1966, dated the 12 th April, 1966.

3 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975.

4 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975, for "statement".

5 · Subs. by S.R.O. A-428 of 1966, dated the 12 th April, 1966 .

1 · [5-A. Amendment of certificate of registration. -(1) The certificate of registration issued under rule 4 or renewed under rule 6 , may be amended by the Inspector concerned.

3 · [6. Renewal of registration certificate. -(1) The employer shall send to the Inspector an application in Form No. I for the renewal of the registration certificate. The application shall be sent in duplicate , before the date of expiry of the registration certificate together with such fee for the renewal of the registration certificate. On receipt of such application together with such fee the Inspector may renew the registration certificate.

1 · Ins. By S.R.O. A -1/76, dated the 30 th December, 1975

2 · Subs. by G.O.Ms. No. 108, Labour and Employment (H-1), dated 25 th May 2017 (w.e.f 21 st June, 2017)

3 · Subs. By S.R.O. A-1/76, dated the 30 th December, 1975

25 · per cent of the fee payable under sub-rule (2).

50 · per cent of the fee payable under sub-rule (2).

100 · per cent of the fee payable under sub-rule (2).

1 · [6-A. Transfer of registration certificate. (1) The employer holding a registration certificate may, at any time, before the expiry of the registration certificate apply in Form No. I-A for permission to transfer the registration certificate to another person.

7 · Issue of duplicate registration certificate. -(1) If a registration certificate is lost or destroyed, the employer shall forthwith report the matter to the Inspector by whom the certificate was issued or last renewed and shall apply to such Inspector with a fee of 3 [rupees one hundred] for the issue of a duplicate certificate.

8 · Payment of fees and refund in certain circumstances. -5 [(1) Every application under these rules shall be accompanied by a treasury receipt showing that the appropriate fee has been paid into the local treasury under the head of account 6 [ " 087 -Labour and Employment-087 (a) Receipts under Labour Laws-01. Receipts under Tamil Nadu Catering Establishments Act, 1958. " ]]

1 · Ins. By S.R.O. No. A -428 of 1966, dated the 12 th April, 1966.

2 · Subs. by S.R.O.A-1/76, dated the 30 th December, 1975, for "Application".

3 · Subs. by G.O.Ms. No. 108, Labour and Employment (H-1), dated 25 th May 2017 (w.e.f 21 st June, 2017).

4 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975, for "a statement".

5 · Subs. by S.R.O. No. A-357 of 1962, dated the 24 th April, 1962 .

6 · Subs. by S.R.O. No. A-298 of 1975, dated the 20 th May, 1975.

1 · [(3) If any application for the grant or renewal of a registration certificate is rejected, the registration fee paid shall be refunded to the applicant by the Inspector.

2 · [CHAPTER III

9 · (a) Every appeal under section 4-A shall be preferred in the form of a memorandum setting forth concisely the grounds of appeal and signed by the appellant or his authorised agent and shall be presented to the Appellate Authority in person or sent to him by registered post.

10 · (a) Where the memorandum of appeal does not comply with the provisions of subrule (a) of rule 9, it may be rejected or returned to the appellant for the purpose of being amended within a time to be fixed by the Appellate Authority;

11 · (a) Where the appeal has been admitted, the Appellate Authority shall send the notice of the appeal to the Inspector whose order is appealed against and the Inspector shall send the complete records of the case to the Appellate Authority.

12 · (a) If on the date fixed for hearing, the appellant or his authorised agent does not appear, the Appellate Authority may dismiss the appeal on that ground.

1 · Ins. By S.R.O. No. A -29 of 1961, dated the 19 th December, 1960

2 · Chapter III inserted by S.R.O. A-1/76, dated the 30 th December 1975.

13 · Powers of the appellate authority. -(a) If the appellant or his authorised agent is present when the appeal is called on for the hearing, the Appellate Authority shall proceed to hear the appellant or his authorised agent and any other person summoned by him for this purpose, and after considering all the facts and circumstances, either confirm, reverse, or vary the order appealed against.

14 · Copies of orders of the Appellate Authority. Copies of orders of the Appellate Authority may be obtained on specifying the date and other particulars in full of the order or orders required.]

1 · [CHAPTER IV

15 · Specification of festivals by Inspector. (1) Every employer shall, within thirty days from the date on which the Act comes into force , in the case of a catering establishment existing on that date, and within thirty days from the date of commencement of work in the case of any new catering establishment, send his proposal in duplicate for the specification of festivals in Form No. IV-A together with a copy of the notice mentioned in sub-rule (2) to the Inspector having jurisdiction over the area in which the catering establishment is situated:

1 · Chapter IV inserted by S.R.O. A-1/76, dated the 30 th December, 1975.

16 · Change of the festivals specified. (1) The employer or a majority of the employees or any trade union representing a substantial number of employees in any catering establishment in respect of which festivals have been specified under subsection (2) of section 11 may, at any time, apply to the Inspector for a change in all or any of the festivals so specified.

17 · Statement to be sent to the Inspector and displayed in the catering establishment. -(1) Statement to be sent to the Inspector by the employer under subsection (3) of section 11-A shall be in Form No. IV-E and shall be sent by registered post so as to reach the Inspector before the commencement of each calendar year in which the holidays are to be allowed.

18 · Manner of service of notice under sub-clause (i) of clause (a) of sub-section (4) of section 11. -(1) The notice under sub-clause (i) of clause (a) of sub-section (4) of section 11 shall be in Form IV -EE and shall be served -

19 · Maintenance of registers of National and Festival Holidays and records. - (1) Every employer shall maintain a register in Form No. IV-F and it shall be produced on demand by the Inspector having jurisdiction over the area:

1 · [20. Medical examination of persons prior to employment. -No person shall be employed in the catering establishment if he fails to produce certificate of physical fitness from a Medical Practitioner registered under the Tamil Nadu Medical Registration Act, 1914 (Tamil Nadu Act IV of 1914), within a period of one month of his employment or if he is affected with any disease in a communicable form or is a carrier of such disease . Such person shall furnish such information and submit himself to such physical examination as the said Medical Practitioner may require. The certificate of physical fitness produced by the employee shall be maintained by the employer 2 [ *** ] and produced for inspection by the Inspector.]

3 · [21. Ascertainment of age by the Inspector. -The Inspector may require an employer to produce an authentic extract from the records of any school, village munsiff, panchayat or municipality or other local body and in the absence of such extract, at least a certificate in Form No. V -A from a Registered Medical Practitioner showing the age of any person employed by such employer.]

1 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975

2 · The words "in Form No. VI" omitted vide G.O.(D) No. 1088, Labour and Employment (H-1), dated the 19th August, 2004 (w.e.f. 16 th March, 2005)

3 · Ins. by G.O. Ms. No. 415, dated the 25 th May, 1974, as rule 9-A and re-numbered by S.R.O. A -1/76, dated 30 th December, 1975.

4 · Subs. vide S.R.O. No. A -428 of 1966, dated the 12 th April, 1966.

3 · [26. Unless the employer makes at his own cost adequate arrangements for the washing of uniforms provided by him to the employees of the catering establishments, the employees shall be paid all allowance for washing of such uniforms at the rate of rupees three per month, in arrears on the day on which the wages or salary of the employees are paid.]

4 · [26A. *** ]

1 · Subs. by S.R.O. No. A-518 of 1962, dated the 7 th June, 1962

2 · Subs. by S.R.O. No. A-471 of 1963, dated the 22 nd April, 1963

3 · Ins. by S.R.O. A-1/76, dated the 30 th December, 1975 .

4 · Omitted by S.R.O. A-1/76, dated the 30 th December, 1975.

5 · Subs. by S.R.O. No. A-428 of 1966, dated the 12 th April 1966.

1 · [(v) one bottle containing not less than 25 ml. of a two per cent alcoholic solution of iodine;

1 · [(viii) one bottle of not less than 25 grams of potassium permanganate crystals;]

2 · [(xii) Nebasulph or Neosprin] .

1 · [(i) six packets of not less than 15 grams sterilized cotton wool;]

1 · [(vi) one bottle of not less than 50 ml. containing two per cent, alcoholic solution of iodine;]

1 · [(vii) one bottle of not less than 50 ml. containing salvolatile having the dose and mode of administration indicated on the label;]

1 · [(x) one bottle of not less than 25 grams of potassium permanganate crystals;]

2 · [(xiv) Nebasulph or Neosprin.]

1 · Subs. by G.O.Ms. No. 1341, dated the 9 th November, 1972

2 · Ins. by G.O. Ms. No. 412, Labour and Employment, dated the 25 th May, 1977

1 · [(v) twelve packets of not less than 15 grams sterilized cotton wool;]

1 · [(viii) two bottles of not less than 25 grams each of potassium permanganate crystals;]

1 · [(ix) one bottle of not less than 100 ml. containing two per cent, alcoholic solution of iodine;]

1 · [(x) one bottle of not less than 100 ml. of salvolatile having the dose and mode of administration indicated on the label;]

1 · [(xii) twelve roller bandages-100 mm. or 10 cm. wide;]

1 · [(xiii) twelve roller bandages-50 mm. or 5 cm. wide;]

2 · [(xx) Nebasulph or Neosprin.]

3 · [ * 31. Leave with Wages Register. -*** ]

4 · [ * 32. Leave Book. -*** ]

1 · Subs. by G.O.Ms. No. 1341, dated the 9 th November, 1972

2 · Ins. by G.O. Ms. No. 412, Labour and Employment, dated the 25 th May, 1977

3 · Rule 31 Omitted by G.O. (D) No. 1088, Labour and Employment (H-1), dated the 19 th August 2004 (w.e.f. 16 th March, 2005).

4 · Rule 32, omitted ibid

33 · Grant of leave with wages. -1 [(1) *** ]

2 · [34. Grant of sick leave. -*** ]

3 · [ * 35. Calculation of the cash equivalent of free supply of meals and tiffin. -The cash equivalent of the meals and tiffin 4 [required to be] supplied to an employee free of charge shall be calculated at the rate of 5 [Rs. 2.75] per day in respect of the district of Madras, district headquarters, taluk headquarters, municipalities and townships and at 5 [Rs. 2.50] per day in respect of town panchayats not falling under the former category.]

1 · Sub -rule (1) of Rule 33, omitted ibid

2 · Rule 34, omitted ibid

3 · Subs. by S.R.O. No. A-518 of 1962, dated the 7 th June, 1962 .

4 · Ins. by S.R.O. A-1/76, dated the 30 th December, 1975.

5 · Subs. by S.R.O. No. A-79 of 1971, dated the 5 th February 1971.

6 · Subs. by S.R.O. No. A-428 of 1966, dated the 12 th April 1966.

7 · Subs. by G.O.Ms. No. 992, Labour, dated the 18 th May, 1985 .

3 · [(6) If the employer or his representative fails to appear on the specified date, the appellate authority may proceed to hear and determine the appeal ex-parte .

6 · [(3) An employer shall exhibit in his catering establishment a notice in 7 [Form No. XV] specifying the daily hours of work, intervals for rest, and weekly holiday allowed to the employees. A copy of the notice shall be sent to the Inspector:

1 · Subs. by S.R.O. No. A-428 of 1966, dated the 12 th April 1966, for "Form No. VII"

2 · Subs. by G.O.Ms. No. 1753, Industries, Labour and Housing (Labour), dated the 12 th April, 1966 for "Form No. VIII" .

3 · Ins. by S.R.O. A-506 of 1963, dated the 1 st May, 1963.

4 · Subs. by G.O.(D) No. 1088, Labour and Employment (H-1), dated the 19 th August, 2004 (w.e.f. 16th March, 2005), for "Form No XI"

5 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975 for "visit book"

6 · Subs. vide S.R.O. No. A -283 of 1962, dated the 13 th March, 1962.

7 · Subs. by G.O.(D) No. 1088, Labour and Employment (H-1), dated the 19 th August, 2004 (w.e.f. 16th March, 2005), for the expression "Form No XII"

1 · [(4) *** ]

2 · [(5) An abstract of the Act and the rules made thereunder shall be displayed either in English or in Tamil in every catering establishment in such form as the State Government may, by notification in the Tamil Nadu Government Gazette, specify.]

3 · [(8) Every employer shall maintain a Register of Wages in Form No. XVI.

4 · [39. Maintenance and supply of Service Book. -* * *]

1 · Omitted vide S.R.O. No. A -428 of 1966, dated the 12 th April 1966

2 · Subs. by G.O. Ms. No. 1900, Labour, dated the 6 th August, 1983

3 · Ins. by G.O.(D) No. 1088, Labour and Employment (H-1), dated the 19 th August, 2004 (w.e.f. 16th March, 2005)

5 · Subs. by S.R.O. No.A-3/2016, dated the 27 th January 2016 for "an annual return"

6 · Subs. by S.R.O. No. A-3/2016, dated the 27 th January 2016 .

7 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975 for "30 th April"

1 · [42-AA. Production of registers, records and notices. - The registers, records and notices maintained or exhibited under the provisions of these rules shall always be available in the establishment and shall be produced or caused to be produced for inspection at all reasonable hours by an Inspector having jurisdiction.]

2 · [42-B. Exhibition of name board. -(1) The name board of every establishment shall be in Tamil and wherever other languages are also used, the version in English shall be in the second place followed by the versions in other languages, if any.

3 · [*43. Preservation of records. - The registers, returns, and other records maintained or received under these rules, and specified in column (1) of the table below shall be preserved for the periods specified in the corresponding entries in column (2) thereof.

1 · Ins. by G.O. Ms. No.111, Labour, dated the 23 rd January, 1986

2 · Amended by G.O. Ms. No. 499, Labour, dated the 29 th February, 1984 (with effect from 1 st April, 1984

3 · Ins. by S.R.O. No. A-1031 of 1961, dated the 3 rd October, 1961

4 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975, for "Statement"

5 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975

1 · [*45. Power to exempt from rules. -The State Government may, by general or special order, exempt either permanently or for any specified period, any catering establishment or class of catering establishments or any person or class of persons to which or to whom these rules apply, from all or any of the provisions of these rules, subject to such conditions as they deem fit, or direct that any such provision shall apply to any such catering establishment or class of catering establishments or any such person or class of persons, with such modification as may be specified in the order.]

945 · of 1961, dated the 6

1 · [Form No. I

2 · [Whether the contribution to Tamil Nadu Labour Welfare Fund for the 3 [previous year] has been paid and, if so, furnish the full details of payment (viz., Cheque/ Demand Draft No. and date/ Money Order Receipt No. and date).]

4 · [11.]Amount of fee Rs. ................ (Rupees ....................) paid in No. ...... ....... Treasury on .............. vide Chalan ................ (enclosed)

1 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975

2 · Added by G.O. Ms. No. 315, Labour and Employment, dated the 9th February, 1981

3 · Subs. by G.O. Ms. No. 1473, Labour and Employment, dated the 19th July, 1982

4 · Re-numbered by S.R.O. A-75/81, dated the 9 th February, 1981

1 · The words "statement or" omitted by S.R.O. A-1/76, dated the 30 th December, 1975.

1 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975, for "financial year"

2 · Subs. ibid for "31st day of March"

1 · Subs. by S.R.O. A-1/76, dated the 30 th December, 1975, for “statement”

1 · Ins. by S.R.O. No. A-1/76, dated the 30 th December, 1975

1 · Ins. by S.R.O. No. A-1/76, dated the 30 th December, 1975

1 · Ins. by S.R.O. No. A-1/76, dated the 30 th December, 1975

4 · ** The names of the trade unions which claim to represent the employees are... .........

1 · Ins. by S.R.O. No. A-1/76, dated the 30 th December, 1975

1 · Ins. by S.R.O. No. A-1/76, dated the 30 th December, 1975

1 · Ins. by S.R.O. No. A-1/76, dated the 30 th December, 1975

1 · Ins. by S.R.O. No. A-1/76, dated the 30 th December, 1975

1 · [Form No. V*]

2 · [Identification] marks:

1 · Subs. by S.R.O. No. A-1/76, dated the 30 th December, 1975

2 · Subs. ibid for "descriptive"

3 · Ins. by S.R.O. No. A-1/76, dated the 30 th December, 1975

1 · [Form VI and Form VII]

1 · Omitted by G.O. (D) No. 1088, Labour and Employment (H-1), dated the 19th August 2004 (deemed to have come into force from 16th March, 2005)

2 · Subs. by S.R.O. No. A-1/76, dated the 30 th December, 1975

1 · 2 3 4 5 6 7

2 · [Form XI-A]

3 · [Form XII & Form XII-A]

1 · Subs. by S.R.O. No. A-1/76, dated the 30 th December, 1975

2 · Omitted by S.R.O. No. A-1/76, dated the 30th December, 1975

3 · Omitted by G.O. (D) No. 1088, Labour and Employment (H-1), dated the 19th August, 2004 (deemed to have come into force from 16th March, 2005)

1 · [FORM NO. XIII] (See Rule 42)

1 · Name of the Catering Establishment

2 · Full Postal Address of the Catering Establishment with Phone No., Fax No. and E-mail

4 · Registration Certificate No.

6 · Name of the Employer with Mobile No. and Email

7 · Name of the Manager / Authorised Person with Mobile No. and E -mail

8 · Average Number of employees employed during the year

9 · Weekly Holiday

10 · Number of days worked during the year

11 · Daily hours of work and spread over

12 · Normal hours worked per week

13 · Total Amount of salary / wages paid including O.T. wages and Allowances

15 · Wages:

16 · Leave:

18 · Maternity Benefits:

19 · Bonus:

20 · Conferment of Permanent Status:

21 · Contract Labour :

22 · Inter -State Migrant Workmen:

1 · Subs. by S.R.O. No. A-3/2016, dated the 27 th January 2016 .