Tamilnadu Catering Establishments Acts 1958 Rules Made There

Tamilnadu Catering Establishments Acts 1958 & Rules Made There Under

An Act to provide for the Regulation of condition of work in catering establishments. Prior to the enactment of this act the provisions of Factories Act and Tamilnadu Shops and Establishment Act were applicable to these establishments. Applies to all catering establishments situated within the local units of corporation of Chennai, Madurai, etc, municipalities, town panchayats and town ships. Catering establishment means a restaurant or residential hotel including those run by a registered society but does not include a canteen run by educational institutions. Restaurant means where meals or refreshments

Residential hotel means where accommodations and meals are offered to the public. Employer means who is owning, in charge, authorized, manager, agents or any other person in general management or control. Employee Means a person wholly or principally employed directly through any agency whether for wages or not in, or in connection with the business of, any catering establishment, but does not include a member of the employer’s family; Young Person Means a person who has completed sixteen years of age but not completed 18 years of age Child means a person who has not completed 16 years of age Persons in position of Management Section 7 to 11 i. e daily and weekly hours of work, O. T. wages, Rest interval, spread over weekly holiday are not applicable to persons in position of management. Registration: No premises shall be used as a catering establishment unless an application for registration certificate is submitted with in 30 days from the date of commencement of work. The registration is only for the premises not to the person.

Registration Certificate: is valid for one year. The Inspector can register or refuse to register or renew the registration certificate after considering suitability of premises, previous experience of employer, financial resource, welfare of labour and Interest of public in general. However the applicant is at liberty to prefer an appeal within a period of thirty days from the date of receipt of order (Sec 4 A). If no order granting or refusing licence is passed with in 3 month, the licence will be deemed to have been granted. Renewal of Registration Certificate: Application for renewal to be made before the expiry Licence. After expiry – an additional Fee of 25 % up to one month. 50 % up to two months. 100 % Thereafter.

Changes Closure: it is the duty of the employer to notify to the Inspector with in 7 days of any change in the matter contained in the registration certificate to effect a change in the certificate and the employer has to intimate closure of the establishment also within 10 days. On death of Licence holder: Application in Form I A in duplicate within two months. In case of destruction or loss, duplicate registration certificate on payment of Rs. 15/-

Daily and Weekly Hours of Work : Weekly Daily n Young person ( 15 yrs to 18 yrs of Age ) day n Adult day 48 not more than 5 Hrs in any not more than 9 Hrs in any Hrs in a week Over time (Including regular time) 10 Hrs Overtime shall not exceed 54 hours in a quarter Quarter Commences on: 1 st January, 1 st April and so on for less than a quarter. Rest Spread over proportionate - at least half an hour after 5 hours of continuous work - 14 hour – Rest time shall not exceed 2 spells Women and Young person: shall not be allowed to work between hours of

Employment of children: No child shall be required or allowed to work Age : Inspector can require authentic proof as to the age of an employee. Holiday : Week - 01 Day National Holiday - 04 Days Festival Holiday - 05 Days (to be specified by Inspector)

Leave with wages: Sickness - Adult Not exceeding 12 days at the rate of one day Per month. Leave with Wages (on completion upto 240 days of work in a year ) Adult - 1 day for 20 days worked Young Person - 1 day for every 15 days worked For the purpose of calculation , absence on account of Maternity leave , lay off and leave availed shall be treated as duty. Total leave days that can be carried forward Adult - 40 days Young Persons - 50 days If the service commences otherwise than first day of a quarter shall be entitled to leave in accordance with the section if he has worked for two

n n Payment in advance in certain cases An employee who has been granted leave for more than 4 days, wages for the leave shall be paid before the leave begins. Unpaid wages In case of termination, dismissal or discharge leave salary shall be settled with in 2 working days. Dismissal & Discharge: No employee who has rendered 120 days in a period of 6 months shall be dismissed without reasonable cause and one month notice. No notice is required if dismissed on charges and enquiry. Appeal: Dismissed employee can prefer an appeal against the order of dismissal to the Assistant Commissioner of Labour / Labour Officer. The authority can dismiss the appeal or pass an order for reinstatement with wages or without wages or payment of compensation or such other relief.

Powers & Duties of Inspector: 1. 2. 3. 4. 5. To enter at reasonable time. Make such examinations. Seize and copy such register and records. Should not ask incriminate questions. To exercise such other powers to carry out the purpose of the act. Indemnity: No suit or prosecution shall be against any person for anything which is in good faith done or intended to be done. Penalties: Section - 3 A, 4, 5, 6, 7, 9, 10, 11 A, 12, 14 A First Offence : Not less than Rs. 50/- not more than Rs. 150/Second Offence : Not less than Rs. 150/- not more than Rs. 250/Third Offence : Not less than Rs. 250/- maximum not prescribed or with imprisonment which may extend upto 3 months For non compliances of order under 19 (2)(b) – Upto Rs. 100 / Continued Offence - Upto Rs. 20 / - per day Amount due recoverable as delayed wages.

Whoever fails to produce on demand by an Inspector any register, record or other document or prevents any employee from appearing before an Inspector shall on conviction be punishable with imprisonment for 3 months or with fine which may extend to five hundred rupees. Whoever contravenes any other provisions of this Act / Rules on conviction be punishable with fine which may extend to fifty rupees. Whole or any part of the fine realized may be ordered to be paid by way of compensation to the person who is injured by such failure. Prosecution : No court shall take cognizance of any offence under this Act except on a complaint made by or with the previous sanction in writing of an Inspector. Complaint shall be lodged within 6 months from the date of its coming to the knowledge of the Inspector. Preservation of records The registers and records shall be preserved for a period of 12 months from the date of last entry.

Compounding Offences punishable under this Act may be compounded by imposing an amount not exceeding maximum amount of fine. On death of Licence holder: Application in Form No. I-A - within 2 months from the date of death. Issue of Duplicate Registration Certificate Duplicate in case of Loss or destroyed –Rs. 15/- HEALTH AND SAFETY Medical Examination: No person shall be employed unless, he produces certificate of Physical Fitness. To be re examined once in a year within one month from expiry. Employee suffering from infectious disease should report the fact to the employer who in turn should report to Health Officers. Age: Inspector can require authentic proof as to the age of an employee. Employer to supply dress: For those who have continuous service of six months. Server - Two Pants or Four Dhoties (dhotis at the option of employee) once in

Cleaners sleeves) - Two half Pants and Two shirts (half once in 12 months. Kitchen Staff - Two aprons once in 12 months Washing allowance Rs. 3 / - per month or arrangement by the employer at his own cost Washing Facility: To be provided separately for each sex with soap, Towel and other adequate suitable facilities Rest Room Sleeping / living quarters to be provided – operations connected with the catering establishment shall not be carried out in sleeping / living quarters. Fire Precautions Fire Extinguisher / fire buckets with sand Inspector - Numbers determined by First Aid Box Medicines as listed in rules (both provided near the kitchen or in easily accessible area)

Free Supply of Meals: Employer to supply free meals to employees if not cash equivalent to be paid as food Allowance per day at the rate of fixed by Govt. Present rate is Rs. 24. 30 Unpaid Wages: Of deceased employee shall be paid within a week to the nominee. Name Board Name board shall be in Tamil. If other languages are used the version in Tamil in the reformed script shall be on the top and version in English shall be below Tamil and version in other languages shall be below that.

1. 2. 3. 4. 5. 6. 7. 8. 9. Application for Registration & Renewal Form No. I. Transfer the Registration Certificate Form No. I A. Registers of Catering Establishments II to be maintained by Inspector. Registration Certificate Form III. Proposal for approval of Festival Holidays IV A –IV B / Change of Festival Holidays IV D. Approval of Festival Holidays IV C. List of Holidays IV E. To work on Festival / National Holiday IV EE. Register of National Festival Holiday IV F.

11. 12. 13. Nomination Form VIII – for unpaid wages. Register of Employment XIV. Notice of hours of work, rest interval, Weekly holiday XV 14. Register of Wages – Form XVI. 15. Wage Slip – Form XVII 16. Register of Advances paid , deduction for damages – Form XVIII. 17. Annual Return – Form XIII – To be send on or before 31 st January. n Language of Registers and Records All registers, records and notices required to be maintained or given under these rules shall be either in