B.

Heammanth Raaj 1
Tamil Nadu catering establishment act 1958

Tamil Nadu catering establishment act 1958

Salient features:-

 An act to provide for the regulation of conditions of work in catering establishments and
for certain other purposes in the state of Tamil Nadu
 Catering establishment means a restaurant or residential hotel and includes a restaurant or
canteen attached to, or run or managed by, any society registered under any law for the
time being in force but does not include a restaurant or canteen attached to, or run or
managed by, any educational institution.
 Child- below 16 years
 Restaurant means any premises in which is carried on the business of the supply of
refreshments or meals to the public or a class of the public for consumption on the
premises
 Residential hotel means any premises in which the business of providing dwelling
accommodation and supply of meals to any member of the public or a class of the public
is carried on.
 Young person- 16 to 18 years
 Exemptions :-
o when family members are employed in hotel (sec21& 22)
o for management people(sec.7 to sec 11)
 Application to be sent to inspector for registration within 30 days from the
commencement of work
 Inspector after approval of registers the catering establishment in the prescribed register.
 Sec-4:-The inspector will look into following before approval: -
o Location of catering establishment
o Previous experience of employer
o Financial resources
o Welfare of labour
o Whether employer himself has applied / benami have applied.
 Registration certificate should be displayed
 Registration validity :- 1year
 If the registration has been obtained by misinterpretation or fraud, inspector may give an
opportunity for employer for explanation before license revoke or cancellation
 Prepayment for the license to the inspector doesn’t entitle the grant of registration,
whereas refund is possible if grant or renew of certificate has been refused.
 If there is no communication from inspector regarding grant or renewal of registration
certificate within 3 months , then it is deemed to have been granted or renewed
 B.Heammanth Raaj 2
Tamil Nadu catering establishment act 1958

 Appeal against an inspector regarding the revoke or cancellation of grant or renewal of

license should be made within 30 days in writing to the state government(can be extended
to another 30 days if employer has a valid reason for delay in appeal)
 Any changes in the sec. 4 should be communicated to the inspector in the prescribed form
within 7 days after the change has taken place and if inspector is satisfied, he will amend
the registration certificate or provided a fresh certificate.
 If an employer closes the catering establishment should notify to the inspector within
10days and if inspector is satisfied, will remove the name of catering establishment from
register.

DAILY HOURS OF WORK

YOUNG ADULT
PERSON
Normal 5 hours/day 9 hours/day or 48 hours /week
Over-time NA 10hours/day or 54hours / 3 consecutive
months

 Employee is entitled for twice the wages if works for more than 9 hours per day or more
than 48 hours /week
 ½ hour of interval for 5 hours of continuous work(maximum 2 intervals per day)
 Spread over should not exceed 14 hours per day including interval
 1 whole day holiday /week
 In a year the employer should declare holidays on 26th January, 1st may, and 15th august
and 5 whole day holidays in a year as the inspector may specify.
 No deduction in wages for the above mentioned holidays
 Every employee shall be paid full wages for the above mentioned holidays
 If the employee works on a holiday, either he shall be paid twice the wages or 1 day wage
with a compensatory off in any of the following three days with full wage
 Notice of periods of work should be displayed clearly in a prescribed form for everyday
 Register for holidays to be maintained
 B.Heammanth Raaj 3
Tamil Nadu catering establishment act 1958

ANNUAL LEAVE WITH WAGES:-

Every worker who has worked for a period of 240 days or more during a calendar

Adult:-1 day for every 20days Child:-1 day for every 15days
Annually:- 12 days Annually:- 16days

Leave not availed can be carried Leave not availed can be

over to next year carried over to next year

Accumulation:-40days Accumulation:- 50days

 Working days includes lay off, maternity leave (12 weeks), leave earned in the year
prior. But he shall not earn leave for these days.
 Admissible annual leave shall be exclusive of all holidays whether occurring during or at
either end of the period of leave.
 Sick leave: - 1 day/month i.e., 12 days annually

 If worker is joining in a factory other than January, shall be entitled to leave with wages
if he has worked for two-thirds of the total number of days in the remainder of the
calendar year.
 If a worker is terminated by the employer, discharged or dismissed, quits his employment
or is superannuated or dies while in service, he or his heir or nominee shall be entitled to
wages in lieu of the quantum of leave to which he was entitled immediately before his
discharge, dismissal, quitting of employment, superannuation or death calculated at the
rates specified even if he had not worked for the entire period specified him eligible to
avail of such leave, and such payment shall be made:-

Worker is discharged or dismissed

Before the expiry of the second working day from
the date of such discharge, dismissal or quits
employment(next pay day)
Worker is superannuated or dies Before the expiry of two months from the date of
while in service such superannuation or death.

 In calculating leave, fraction of leave of half a day or more shall be treated as one full
day's leave, and fraction of less than half a day shall be omitted.
 B.Heammanth Raaj 4
Tamil Nadu catering establishment act 1958

 The unavailed leave of a worker shall not be taken into consideration in computing the
period of any notice required to be given before discharge or dismissal.
 WAGES DURING LEAVE PERIOD : -A worker shall be entitled to wages at a rate
equal to the daily average of his total full time earnings for the days on which he actually
worked during the month immediately preceding his leave (Basic pay + Dearness
allowance), exclusive of any overtime.
 An employee who has been granted leave for a period exceeding 4 days shall, before his
leave begins be paid the wages due for the period of the leave allowed.
 Dresses to be supplied by employer at free of cost
 Payment of wages act1936 is applicable for this act.
 No child should work in catering establishment.
 No woman or young person should work between 9pm and 5am
 Notice of discharge or dismissal – no employer shall dispense with the services of an
employee employed for a period of not less than 120 days/6months except for a
reasonable cost & without giving a notice at least for 1 month.(not applicable for
misconduct of employee).
 Every employer shall, on demand, produce for inspection of an inspector, all registers,
records and notices required to be kept under and for the purposes of this act.