The Tamil Nadu Catering Establishments Act

The Tamil Nadu Catering Establishments Act, 1958 
[Act No. XIII of 1958] 
 
Received the assent of the President on the 1st July 1958 and published in the Fort St. 
George Gazette, dated the 9th July 1958. 
 
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. 
 
WHEREAS it is expedient to provide for the regulation of conditions of work in 
catering establishments and for certain other purposes in the State of Tamil Nadu; 
 
BE it enacted in the Ninth Year of the Republic of India as follows :- 
 
1. Short title, extent and commencement.  - (1) This Act , may be called the  Tamil 
Nadu Catering Establishments Act, 1958. 
 
(2) It extends to the whole of the State of Tamil Nadu. 
 
(3) (a) It shall come into force on such  date as the State Government may, by 
notification, appoint-- 
 
(i) in the City of Madras; 
 
1 [(i-a) in the City of Madurai as defined in clause (9) of section 2 of the Madurai 
City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971)]; 
 
(ii) in all the municipalities constituted under the  Tamil Nadu  District 
Municipalities Act, 1920 ( Tamil Nadu Act V of 1920), and under the Travan core District 
Municipalities Act, 1116 (Travancore Act XXIII of 1116); and 
 
2 [(iii) in all areas within the jurisdiction of— 
 
         (a) panchayats which are classified or deemed to have been classified as 
town panchayats under the T amil Nadu Panchayats Act, 1958  (Tamil Nadu Act XXXV of 
1958) including town panchayats re-constituted under that Act; and 
 
         (b) townships constituted under section 4 -A of the Tamil Nadu District 
Municipalities Act, 1920 (Tamil Nadu Act V of 1920), section 4 of the Tamil Nadu 
Panchayats Act, 1958  (Tamil Nadu Act XXXV of 1958 ), the Mettur Township Act, 
1940 (Tamil Nadu Act XI of 1940 ), the Courtallam Township Act, 1954  (Tamil Nadu Act 
XVI of 1954) and the Bhavanisagar Township Act, 1954 (Tamil Nadu Act XXV of 1954). 
 
(b) The State Government may, by notification, direct that this Act shall come 
into force in any other area on such date as may be specified in such notification. 
 
 
 
 
 
 1 Ins by Act 29 of 1975, S.2 
 2 Subs. by Act 29 of 1975, S.2 
 
 
2 
 
 
[Extending the applicability of the Act to the whole State of Tamil Nadu- 
[G.O. Ms. No. 113, Labour and Employment (H1), dated 1st June 2017] 
No.II(2)/LE/437(a)/2017- In exercise of the powers conferred by clause (b) of sub -
section (3) of Section 1 of the Tamil Nadu Catering Establishments Act, 1958 (Tamil 
Nadu XIII of 1958) , the Governor of Tamil Nadu hereby directs  that the said Act shall 
come into force on  01-06-2017 in all the areas in the State of Tamil Nadu, where the 
provisions of the said Act have not been brought into force so far by invoking clauses (a) 
and (b) of sub-section (3) of Section 1 of the said Act.] 
(Tamil Nadu Government Gazette Extraordinary No. 154, Pt. II, S.2, P.1, 1st June, 2017) 
 
2. Definitions. -- In this Act, unless the context otherwise requires,- 
 
1 [(1) "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;] 
 
(2) "child" means a person who has not completed 2 [sixteen] years of age; 
 
(3) "day" means a period of twenty-four hours beginning at midnight: 
 
Provided that in the case of an employee whose hours of work extend beyond 
midnight, day means the period of twenty-four hours beginning from the time when such 
employment commences; 
 
     1 [(4) "employee" means a person wholly or principally employed directly or through 
any agency whether for w ages or not in, or in connection, with the business of , any 
catering establishment, but does not include a member of the employer's family; 
 
(5) "employer" means a person owning or having charge of the, business of a 
catering establishment and includes any person who holds a licence issued under the 
Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai 
City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), or the Tamil Nadu 
District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), or the Tamil Nadu 
Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958), author ising him to carry on the 
business of a catering establishment, the manager, agent or other person acting in the 
general management or control of a catering establishment;] 
 
(6) "family" in relation to an employer means the husband or wife, son, daughter, 
father, mother, brother or sister of such employer who lives with him and is dependent 
on him; 
(7) "Inspector" means an Inspector appointed under section 20 for the area; 
 
(8) "leave" means leave provided for in section 12; 
 
(9) "period of work"  means the time during which an employee is at the disposal of 
the employer; 
 
1 Subs. by Act 29 of 1975, S.3 
2 Subs. by Act 29 of 1975, S.3 for “fourteen” 
3 
 
(10) "registration certificate"  means a certificate showing the registration of a 
catering establishment; 
 
(11) "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; 
 
 (12) "restaurant" means any premises in which is carried on the busin ess of the 
supply of refreshments or meals to the public or a class of the public for consumption on 
the premises; 
 
(13) "spread over"  means the period between the commencement and the 
termination of the work of an employee on any day; 
 
     1 [(13-A) "wages" means the basic wages, dearness allowance, the cash e quivalent of 
the meals and tiffin supplied to the employees free of charge  and the value of any other 
amenity or of service or of any concessional supply of food grains or other articles which 
can be computed in terms of money, but does not include a bonus;] 
 
(14) "week" means the period of seven days beginning at midnight on Saturday or 
on such other day as may be specified for a particular area or for a particular class of 
catering establishments by the prescribed authority; 
 
(15) "young person" means a person who has completed 2 [sixteen] years of age, but 
has not completed eighteen years of age. 
 
3. Exemptions. - (1) The provisions of this Act, except section 21 and section 22 shall 
not apply to any catering establishment in which only members of the employer's family 
are employed. 
 
(2) The provisions of sections 7 to 11 shall not apply to the persons occupying 
positions of management in catering establishments. 
 
(3) The State Government may, by not ification, 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 this Act applies, from all or any of its 
provisions, subject to such conditions as the State Government deem fit. 
 
3 [3-A. Catering establishments to be registered.  - Save as otherwise provided in 
this Act, no place or premises shall, on and after the date of expiry of the period 
specified in this behalf in sub -section (1) of s ection 4, be used as a catering 
establishment without a registration certificate and except in accordance with the terms 
and conditions specified therein.] 
 
4 [4. Procedure for registration of catering establishments.  - (1) Every employer 
shall make an app lication to the Inspector for the grant of a registration certificate in 
such form together with such fees as may be prescribed, 
 
 
1 Ins. by Act 29 of 1975, S.3 
2 Subs. by Act 29 of 1975, S.3, for “fourteen” 
3 Ins. by Act 29 of 1975, S.4 
4 Subs. by Act 29 of 1975, S.5 
4 
 
      (a) in the case of a catering establishment existing on the date of coming into force 
of this Act, within thirty days from such date; and 
 
      (b) in the case of any new catering establishment, within thirty days from the date 
of commencement of work. 
 
(2) The Inspector shall, in deciding whether to grant or refuse a registration 
certificate, have regard to the following matters, namely :- 
 
(a) the suitability of the place or premises which is proposed to be used as catering 
establishment; 
 
(b) the previous experience of the employer; 
 
(c) the financial resources of the employer including finanical capacity to meet the 
demands arising out of the provisions of the law for the time being in force relating to 
the welfare of labour; 
 
(d) whether the application is made  bona fide on behalf of the employer himself or 
benami on behalf of any other person; 
 
(e) welfare of the labour in the locality and the interest of the public generally; and  
 
(f) such other matters as may be prescribed. 
 
(3) (a) Subject to the foregoing provisions of this section, the Inspector may grant 
a registration certificate in the form prescribed on such terms and conditions as may be 
prescribed and where the Inspector refuses to grant a registration certificate, he shall  do 
so by an order communicated to the employer, giving the reasons in writing for such 
refusal. 
 
(b) The Inspector shall, before granting a registration certificate, register the 
catering establishment in the register of catering establishments maintained  for the 
purpose. 
 
(c) The registration certificate shall be prominently displayed at the catering 
establishment. 
 
(4) A registration certificate shall be valid for a year and shall be renewable 
yearly on payment of such fees as may be prescribed and the f oregoing provisions of 
this section shall apply to the renewal of a registration certificate as they apply to the 
grant thereof. 
 
(5) The Inspector may, after giving the employer an opportunity of being heard, 
by order revoke or suspend any registration ce rtificate granted or renewed under this 
Act, if it appears to him that such registration certificate has been obtained by 
misrepresentation or fraud or that the employer has failed to comply with, or 
contravened, any of the provisions of this Act or the ru le made thereunder or any of the 
terms and conditions of the registration certificate. 
 
(6) The acceptance by the Inspector of the pre -payment of the fees shall not 
entitle the employer making such pre -payment to the grant or renewal of a registration 
5 
 
certificate but only to the refund of the fees in case of refusal to grant or renew a 
registration certificate. 
 
(7) An employer who has applied for the grant or renewal of a registration 
certificate shall, until communication of orders on his application, be entitled to act as if 
the registration certificate had been granted or renewed. 
 
(8) If orders on an application for the grant or renewal of a registration certificate 
are not communicated to the employer within three months after the date of receipt of 
the application by the Inspector, the registration certificate shall be deemed to have 
been granted or renewed subject to the conditions ordinarily imposed under this Act or 
the rules made thereunder. 
 
4A. Appeal. - Any employer aggrieved by an order of the Inspector refusing to grant or 
renew a registration certificate or revokin g or suspending a registration c ertificate may, 
within a period of thirty days from the date of receipt of the order sought to be appealed 
against and on payment of such fees as may be prescribed, appeal in writing to such 
authority as the State Government may, by notification specify in this behalf, and such 
authority may, by order, conform, modify or reverse the order appealed against: 
 
Provided that such authority may in its discre tion allow further time not 
exceeding thirty days for filing of any such appeal, if it is satisfied that the employer had 
sufficient cause for not filing the appeal in time.] 
 
5. Change to be communicated to Inspector. - It shall be the duty of an employer to 
notify to the Inspector, in the prescribed form, any change in respect of any information 
contained in his  1 [application] under section 4 within seven days after the change has 
taken place. The Inspector shall on receiving such notice and on being sat isfied about its 
correctness, make the change in the register of catering establishments in accordance 
with such notice and shall amend the registration certificate or issue a fresh registration 
certificate, if necessary,  2 [on application being made by th e employer in such form 
together with such fees as may be prescribed.] 
 
6. Removal of catering establishments from the register.  - An employer closing a 
catering establishment shall, within ten days of his doing so, notify to the Inspector in 
writing of su ch closure. The Inspector shall, on receiving such notice and on being 
satisfied about its correctness, remove such catering establishment from the register of 
catering establishments and cancel the registration certificate. 
 
7. Daily and weekly hours of w ork in catering establishments.  - (1) No young 
person shall be required or allowed to work in any catering establishment for more than 
five hours in any day. 
 
(2) No other employee shall be required or allowed to work in any catering 
establishment for more than nine hours in any day or for more than forty -eight hours in 
any week ; 
 
Provided that , subject to the payment of overtime wages, the total number of 
hours of work including overtime shall not exceed ten hours in any day and the total 
number of hours of overtime work shall not exceed 3 [fifty-four hours] in any quarter. 
 
 
1 Subs. for “statement” by Act 29 of 1975, S.6 
2 Ins. by Act 29 of 1975, S.6 
3 Subs. by Act 29 of 1975, S.7, for “fifty hours” 
6 
 
 
1 [Explanation I. - For the purposes of this sub -section, the expression "quarter" 
means a period of three consecutive months beginning on the 1st January, 1st April, 1st 
July or 1st October of every year. 
 
[Explanation II. - Where an employee is employed on a date other than the 1st 
January, 1st April, 1st Ju ly or 1st October, the number of hours of overtime work in any 
quarter shall not exceed the number which bears to fifty -four the same proportion as the 
number of days during which the employee was employed in that quarter bears to the 
total number of days in the same quarter. 
 
[Explanation III.  - In calculating the number of hours of overtime work, any 
overtime work of half an hour or more shall be treated as one full hour's overtime work 
and any fraction of less than half an hour shall be omitted.] 
 
8. Ext ra wages for overtime work.  - Where an employee works in any catering 
establishment for more than nine hours in any day or for more than forty -eight hours in 
any week, he shall, in respect of such overtime work, be 2 [entitled to twice the wages]. 
 
3 [* * *] 
 
9. Interval for rest.  - The period of work of an employee each day shall be so fixed 
that he shall not have to work continuously for more than five hours before he has had 
an interval for rest, of at least half an hour. 
 
10. Spread over. - The periods of work of an employee shall be so arranged that along 
with his intervals for rest they shall not spread over more than fourteen hours in any 
day: 
 
Provided that the number of intervals for rest for an employee in any day shall 
not exceed two. 
 
11. Holiday s. - (1) Every employee shall be allowed in each week a holiday of one 
whole day. 
 
(2) Every employee shall be allowed in each calendar year a holiday of one whole 
day 4 [on the 26th January, the 1st May, the 15th August and the 2nd October]  and five 
holidays each of one whole day for such festivals as the Inspector may, in consultation 
with the employer and the employees, specify in respect of any catering establishment.  
 
(3) (a) Notwithstanding any contract to the contrary, no deduction shall be made 
from the wages of any employee on account of any holiday allowed to him under sub -
section (1) or sub-section (2). 
 
(b) Every employee shall be paid wages  5 [* * *] for each of the holidays allowed to 
him under sub-section (2). 
 
 
1 Ins. by Act 29 of 1975, S.7 
2 Subs. by Act 29 of 1975, S.8 
3 Explanation omitted by Act 29 of 1975, S.8 
4 Subs. by Act 29 of 1975, S.9 
5 The words “at the ordinary rates of wages as defined in the Explanation to section 8” 
omitted by Act 29 of 1975, S.9 
 
7 
 
 
1 [(4) (a) Notwithstanding an ything contained in sub -section (2), any employee 
may be required by the employer to work on any holiday allowed under that sub -section, 
if the employer has, not less than twenty-four hours before such holiday,- 
 
(i) served in the prescribed manner on the employee a notice in writing requiring 
him to work as aforesaid; and 
 
(ii) sent to the Inspector and exhibited in the premises of the catering 
establishment a copy of such notice.] 
 
2 [(b) Where an employee works on any holiday allowed under sub -section (2), he 
shall, at his option, be entitled to- 
 
(i) twice the wages for such day, or 
 
(ii) wages for such day and to avail himself of a substituted holiday with wages on 
one of the three days immediately before or after the day on which he so works.] 
 
 
3 [11-A. Notice of periods of work.  - (1) There shall be correctly maintained and 
displayed in every catering establishment a notice of periods of work in such form and in 
such manner as may be prescribed showing clearly for every  day the periods during 
which employees may be required to work. 
 
(2) No employee shall be allowed or required to work in any catering 
establishment otherwise than in accordance with the notice of periods of work displayed 
under sub-section (1). 
 
(3) Every employer shall send to the Insp ector and display in the catering 
establishment, a stateme nt showing the holidays allowed  in each calendar year under 
section 11, in such form, within such time and in such manner as may be prescribed.] 
 
 
12. Leave with wages.  - (1) Every employee who has worked for a period of not less 
than 240 days in a catering establishment during a calendar year shall be allowed in the 
subsequent calendar year, leave with wages for a number of days calculated- 
 
(i) in the case of an adult, at the rate of one day for ev ery 20 days of work 
performed by him during the previous calendar year; 
 
(ii) in the case of a young person, at the rate of one day for every 15 days of work 
performed by him during the previous calendar year. 
 
Explanation 1. - The leave admissible under t his sub-section shall be exclusive of all 
holidays whether occurring during or at the beginning or at the end of the period of 
leave. 
 
 
 
 
1 Subs. by Act 42 of 1961, S.2 (w.e.f. 24-1-1962) 
2 Subs. by Act 29 of 1975, S.9 
3 Ins. by Act 29 of 1975, S.10 
8 
 
 
 
Explanation 2. - For the purpose of this sub-section- 
 
(a) any days of lay -off, by agreement or contract or as permitted under the 
standing orders of the catering establishment concerned; 
 
(b) in the case of a female employee, authorised absence for maternity purposes 
for any number of days not exceeding twelve weeks; and 
 
(c) the leave earned in the year prior to that in which the leave is enjoyed; 
 
shall be deemed to be days on which the employee has worked for the purpose of 
computation of the period of 240 days, but not for earning leave. 
 
1 [(1-A) Every employee shall also be allowed in each calendar year leave with 
wages for a period not exceeding twelve days at the rate of one day for every month on 
the ground of any sickness incurred or accident sustained by him.] 
 
(2) An employee whose service commences otherwise than on the first day of 
January shall be entitled to leave calculated in accordance with sub -section (1), if he has 
worked for two-thirds of the total number of days in the remainder of the calendar year. 
 
(3) If an employee is discharged or dismissed from service during the course of 
the year, he shall be entitled to leave with wages at the rate laid down in sub -section (1) 
even if he has not worked for the entire period specified in sub-section (1) or sub-section  
(2) entitling him to earn leave. 
 
(4) In calculating leave under this section, any fraction of leave of half a day or 
more shall be treated as one full day's leave and any fraction of less than half a day shall 
be omitted. 
 
(5) If an employee does not in any calendar year take the whole of the leave 
allowed to him under sub -section (1) or sub -section (2), as the case may be, any leave 
not taken by him shall be added to the leave to be allowed to him in the succeeding 
calendar year: 
 
Provided that the total number of days of leave that may be carried forward to a 
succeeding year shall not exceed  2 [forty in the case of an adult or fifty]  in the case of a 
young person. 
 
(6) An application by an employee for the whole or any portion of the  leave 
allowed under sub -section (1) or sub -section (2), shall be in writing and ordinarily be 
made reasonably in advance of the date on which he wishes his leave to begin.  
 
 
 
 
 
1 Ins. by Act 29 of 1975, S.11 
2 Subs. for the words “thirty in the case of an adult or forty”, by Act 29 of 1975, S.11 
 
 
 
 
9 
 
(7) If the employment of an employee who is entitled to leave under sub -section 
(1) or sub-section (2), as the case may be, is terminated by the employer before he has 
taken the entire leave to which he is enti tled or if having applied for leave he has not 
been granted such leave , or if the employee quits his employment before he has taken 
the leave, the employer shall pay him the amount payable under section 13 in respect of 
the leave not taken and such payment  shall be made, where the employment of the 
employee is terminated by the employer, before the expiry of the second working day 
after such termination and where the employee quits his employment, on or before the 
next pay day. 
 
1 [(7-A) If an employee who is entitled to leave under sub -section (1 -A) is 
discharged by the employer when he is sick or suffering from the result of an accident, 
or if the employee quits his employment during such period, the employer shall pay him 
the amount payable under this Act  in respect of the period of leave to which he was 
entitled at the time of such discharge or quitting in addition to the amount, if any, 
payable to him under sub -section (7) and such payment shall be made, where the 
employee is discharged by the employer, before the expiry of the second working day 
after such discharge and where the employee quits his employment, on or before the 
next payday.] 
 
(8) The leave not availed of by an employee shall not be taken into consideration 
in computing the period of any notice required to be given before discharge or dismissal. 
 
13. Wages during leave period.  - For the leave allowed to him under section 12, an 
employee shall be paid at a rate equal to the daily average of his total full time                
2[wages] for the days on which he worked during the month immediately preceding his 
leave, exclusive of any overtime wages 3 [* * *]. 
 
14. Payment in advance in certain cases.  - An employee who has been granted 
leave for a period exceeding four days shall, before his leave  begins, be paid the wages 
due for the period of the leave allowed. 
 
4[14-A. Dresses to be supplied by employer.  - Every employer shall supply free of 
cost to the different classes of employees in his catering establishment, such number 
and type of dresses, and at such intervals, as may be prescribed.] 
 
15. Mode of recovery of unpaid wages.  - Any wages required to be paid by an 
employer, but not paid by him shall be recoverable as delayed wages under the 
provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936). 
 
16. Application of the Payment of Wages Act, 1936 , to catering 
establishments. - (1) Notwithstanding anything contained in the Payment of Wages 
Act, 1936 (Central Act IV of 1936) (hereinafter in this section referred to as the said 
Act), the State Government may, by notification direct that, subject to the provisions of 
sub-section (2), the said Act or any of the provisions thereof or the rules made 
thereunder shall apply to all or any class of employees in catering establishments to 
which this Act applies. 
 
 
 
1 Ins. by Act 29 of 1975, S.11 
2 Subs. for “earnings” by Act 29 of 1975, S.12 
3Certain words omitted by Act 29 of 1975, S.12 
4 Ins. by Act 29 of 1975, S.13 
 
10 
 
(2) On the application of the provisions of the said Act to any catering 
establishment under sub -section (1), the Inspector appointed under this Act shall be 
deemed to be the Inspector for the purpose of the enforcement of the provisions of the 
said Act within the local limits of his jurisdiction. 
 
(3) The State Government may, by  like notification, cancel or vary any 
notification issued under sub-section (1). 
 
17. Prohibition of employment of children.  - No child shall be required or allowed to 
work in any catering establishment. 
 
18. Prohibition of employment of women or young pe rsons during night.  - No 
woman or young person shall be required or allowed to work whether as an employee or 
otherwise in any catering establishment between the hours of 9 p.m. and 5 a.m. 
 
19. Notice of discharge or dismissal.  - (1) No employer shall disp ense with the 
services of an employee employed  1 [for a period of not less than one hundred and 
twenty days during a period of six months] , except for a reasonable cause and without 
giving such employee at least one month's notice or wages in lieu of such notice, 
provided however that such notice shall not be necessary where the services of such 
employee are dispensed with on a charge of misconduct supported by satisfactory 
evidence recorded at an inquiry held for the purpose. 
 
(2) (a) Any employee discharg ed, dismissed or retrenched may appeal to such 
authority and within such time and in such manner as may be prescribed either on the 
ground that there was no reasonable cause for dispensing with his services or on the 
ground that he had not been guilty of m isconduct as held by the employer or on the 
ground that the employer did not retrench him in good faith. 
 
2 [(aa) The appellate authority may, if it considers that any document or the 
testimony of any person is relevant or necessary for the discharge of it s duties under 
this Act as appellate authority, call for and inspect such document or summon and 
examine such person. For the aforesaid purposes, it shall have the same powers as are 
vested in a Civil Court while trying a suit under the Code of Civil Proce dure, 1908 
(Central Act V of 1908), in respect of the following matters, namely:- 
 
(i) summoning and enforcing the attendance of any person and examining him on 
oath; 
 
(ii) compelling the production of documents; 
 
(iii) issuing commissions for examination of witnesses.] 
 
(b) The appellate authority may, after giving notice in the prescribed manner to the 
employer and the employee, dismiss the appeal or direct the reinstatement of the 
employee, with or without wages for the period he was kept out of employme nt or direct 
payment of compensation without reinstatement or grant such other relief as it deems fit 
in the circumstances of the case. 
 
 
1 Subs. for “continuously for a period of not less than six months” by Act 29 of 1975, 
S.14 
2 Added by Act 29 of 1979, S.2 (w.e.f. 15th July, 1979) 
 
11 
 
(3) The decision of the appellate authority shall be final and binding on both the 
parties, not be liable to be questioned in any Court of law and be given effect to within 
such time as may be specified in the order of the appellate authority. 
 
 
20. Appointment of Inspectors.  - (1) The State Government may, by notification, 
appoint such persons or such class of persons as they think fit to be Inspectors for the 
purposes of this Act within such local limits as the State Government may specify. 
 
(2) Every Inspector shall be deemed to be a public servant within the meaning of 
section 21 of the Indian Penal Code (Central Act XLV of 1860). 
 
 
21. Powers and duties of Inspectors.  - Subject to any rules made by the State 
Government in this behalf, an Inspector may, within the local limits for which he is 
appointed,- 
 
(a) enter, at all reasonable times and with such assistance, if any, who are persons 
in the service of the Government or of any local authority as he thinks fit to take wit h 
him, any place which is, or which he has reason to believe, is a catering establishment;  
 
(b) make such examination of the premises and of any prescribed registers, records 
and notices and take on the spot or elsewhere the evidence of such person as he m ay 
deem necessary, for carrying out the purposes of this Act; 1 [* * *] 
 
2 [(bb) seize or take copies of such registers, records or notices or portions thereof as 
he may consider necessary in respect of an offence under this Act which he has reason 
to believe has been committed by an employer, and shall give the employer a receipt for 
the same. The registers, records or notices or portions thereof so seized shall be 
retained by the Inspector only for so long as may be necessary for their examination and 
for any inquiry or proceeding under this Act: 
 
Provided-that such registers, records or notices or portions thereof shall not be 
retained for more than thirty days at a  time except with the permission of the next 
higher authority; and] 
 
(c) exercise such other powers as may be necessary for carrying out the purposes of 
this Act: 
 
Provided that no one shall be required under this section to answer any question or 
give any evidence tending to incriminate himself. 
 
22. Employer to produce registers, records, etc. , for inspection. - 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. 
 
 
 
 
1 The word “and” omitted by Act 29 of 1975, S.15 
2 Ins. by Act 29 of 1975, S.15 
 
 
 
12 
 
 
23. Penalties.  - (1) Any employer who contravenes any of the provisions of sections                 
3-A, 4, 5, 6, 7, 9, 10, 11,11 -A, 12 and 14 -A or fails to pay wages or compensation in 
accordance with any order of the appellate authorit y passed under clause (b) of sub -
section (2) of section 19 shall, on conviction, be punishable  1 [with fine which, for a first 
offence, may extend to five thousand rupees and for a second or subsequent offence, 
with fine which may extend to ten thousand ru pees]  or with imprisonment w hich may 
extend to three months or with both. 
 
(2) (a) Any employer who fails to reinstate an employee in accordance with any 
order of the appellate authority passed under clause (b) of sub -section (2) of section 19 
shall, on c onviction, be punishable  1 [with fine which may extend to five thousand 
rupees.] 
(b) Any employer, who after having been convicted under clause (a), continues to 
fail to reinstate an employee in accordance with the order mentioned in that clause shall, 
on conviction, be punishable for each day after the previous date of conviction, during 
which he continues so to offend,  1 [with fine which may extend to two hundred and fifty 
rupees.] 
(c) Any Court trying an offence punishable under this sub-section may-direct that the 
whole or any part of the fine realised from the accused shall be paid by way of 
compensation to the person who, in its opinion, has been injured by such failure.  
 
2 [(2-A) Whoever fails to produce on demand by an Inspector, any register, record  or 
other document in his custody kept in pursuance of this Act or of any rules made 
thereunder or conceals or prevents any employee in a catering establishment from 
appearing before or being examined by an Inspector shall, on conviction, be punishable 
with imprisonment for a term which may extend to three months or  1 [with fine which 
may extend to one thousand rupees] or with both.] 
 
(3) Whoever contravenes any other provisions of this Act or any of the rules made 
under this Act shall, on conviction, be pu nishable 1 [with fine which may extend to five 
hundred rupees.] 
 
(4) 3[Any amount]  required to be paid by an employer under clause (b) o f sub -
section (2) of section 19  but not paid by him shall be recoverable as delayed wages 
under the provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936). 
 
2 [(5) Whenever an employer is convicted for contravention of section 3 -A, the Court 
shall, in addition to any fine which may be imposed for such contravention, recover 
summarily and pay over to the Inspector the amount of the fee chargeable for the grant, 
or renewal of the registration certificate, as the case may be, and may, in its discretion, 
also recover summarily and pay over to the Inspector such amount, if any, as it may fix 
as the costs of the prosecution. 
 
(6) (a) Where an employer is convicted of an offence punishable under this Act, the 
Court may in addition to awarding any punishment by order in writing require him within 
a period specified in the order (which the Court may, if it thinks fit an d on application in 
such behalf from time to time extend) to take such measures as may be so specified for 
remedying the matters in respect of which the offence was committed. 
 
1 Subs. by Act 9 of 2018, S.2 
2 Ins. by Act 29 of 1975, S.16 
3Subs. for “Any compensation”, by Act 29 of 1975, S.16 
 
13 
 
 (b) Where an order is made under clause (a), the employer shall not be liable for 
punishment under this Act in respect of the continuation of the offence during the period 
or extended period, if any, allowed by the Co urt, but if on the expiry of such period or 
extended period, as the case may be, the order of the Court has not been fully complied 
with, the employer shall be deemed to have committed a further offence and may be 
sentenced therefor by the Court to undergo  imprisonment for a term which may extend 
to three months or to pay a fine which may extend to fifty rupees for every day after 
such expiry on which the order has not been complied with or both to undergo such 
imprisonment and to pay such fine as aforesaid.] 
 
1[23A. Compounding of offences.  - (1) Any offence punishable under sub -sections 
(1), (2 -A) and (3) of section 23 may, either before or after the institution of the 
prosecution, be compounded by the Commissioner of Labour or such other officer as 
may be authorised in this behalf by the Commissioner of Labour, on payment, for credit 
to the State Government of such sum as the Commissioner of Labour or such other 
officer may specify: 
 
Provided that such sum shall not, in any case, exceed the maximum amount of 
fine which may be imposed under this Act for the offence so compounded. 
 
(2) Sub-section (1) shall apply for the first and any subsequent offence. 
 
(3) Where an offence has been compounded under sub -section (1), no 
proceeding or further proceeding, as t he case may be, shall be taken against the 
offender, in respect of the offence so compounded and the offender, if in custody, shall 
be discharged forthwith. 
 
(4) No offence punishable under this Act shall be compounded except as provided 
by this section.] 
 
24. Procedure. - (1) No Court shall take cognizance of any offence under this Act or 
any rule made thereunder except on a complaint made by, or with the previous sanction 
in writing of, an Inspector. 
 
(2) No Court inferior to that of a Presidency Magistra te or a Magistrate of the 
Second Class shall try any offence punishable under this Act or any rule made 
thereunder. 
 
25. Limitation of prosecution.  - No Court shall take cognizance of an offence 
punishable under this Act or any rule made thereunder unless the complaint is made 
within six months from the date on which the offence is alleged to have been committed 
or within six months from the date of its coming to the knowledge of the Inspector, 
whichever is later. 
 
 
26. Onus as to age.  - (1) When any question arises under this Act whether any person 
is under a certain age or not, the burden shall be on the employer concerned to prove 
that such person is not under such age. 
 
 
 
 
1 Ins. by Act 43 of 2000, S.2 (w.e.f. 22nd January, 2001) 
14 
 
(2) A declaration by a G overnment medical officer not below the rank of a Civil 
Assistant Surgeon that he has personally examined a person employed and believes him 
to be under the age stated in such declaration shall, for the purposes of this Act and the 
rules made thereunder, be admissible as evidence of the age of that person. 
 
 
27. Saving of certain rights and privileges.  - (1) Nothing contained in this Act shall 
affect any rights or privileges which an employee in any catering establishment is 
entitled to on the date this Act  comes into force, under any other law, contract, custom 
or usage applicable to such catering establishment or any award, settlement or 
agreement binding on the employer and the employee in such catering establishment, if 
such rights or privileges are more  favourable to him than those to which he would be 
entitled under this Act. 
 
(2) If any question arises whether the rights or privileges aforesaid are more 
favourable to an employee than those to which he would be entitled under this Act or 
whether all or any of the provisions of this Act apply to a catering establishment or to a 
person employed therein, it shall be decided by the Commissioner of Labour and his 
decision thereon shall be final and not be liable to be questioned in any Court of law.  
 
28. Indemnity. - No suit, prosecution or other legal proceedings shall lie against any 
person for anything which is in good faith done or intended to be done under this Act.  
 
29. Power to make rules. - (1) The State Government may 1[* * *] make rules for the 
purpose of carrying into effect the provisions of this Act. 
 
(2) In particular after without prejudice to the generality of the foregoing power, such 
rules may provide for - 
 
(a) all matters expressly required or allowed by this Act to be prescribed;  
 
2[(aa) th e terms and conditions subject to which a registration certificate may be 
granted or renewed under this Act and the fees to be paid for the grant or renewal of 
such registration certificate;] 
 
(b) the registers and records to be maintained in a catering es tablishment for the 
purposes of examination by Inspectors and of securing compliance with the provisions of 
this Act; 
 
(c) the form of notices to be exhibited in the premises of the catering establishment 
by the employer and the manner of exhibiting such notices; 
 
(d) the manner in which the cash equivalent of the meals and tiffin supplied to 
employees free of charge is to be computed; 
 
(e) matters relating to the health of employees in, and the sanitation of, a catering 
establishment. 
 
 
 
 
1 The words “by notification” omitted by Act 42 of 1961, S.3 
2 Ins. by Act 29 of 1975, S.17 
 
15 
 
1 [(3) (a) All rules made under this Act shall be published in the  2 [Tamil Nadu 
Government Gazette] and, unless they are expressed to come into force on a particular 
day, shall come into force on the day on which they are so published. 
 
(b) All notifications issued under this Act shall, unless they are expressed to come 
into force on a particular day, come into force on the day on which they are published.  
 
(4) Every rule made or n otification issued under this Act shall, as soon as possible, 
after it is made or issued, be placed on the table of  3[the Legislative Assembly] , and if, 
before the expiry of the session in which it is so placed or the next session  3[the 
Legislative Assembly agrees] in making any modification in any such rule or notification 
or 3[the Legislative Assembly agrees ] that the rule or notification should not be made or 
issued, the rule or notification shall thereafter have effect only in such modified form or 
be o f no effect, as the case may be , so however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under 
that rule or notification.] 
 
30. Certain enactments not to apply to catering establishments.  - On and from 
the date of the commencement of this Act, the Weekly Holidays Act, 1942 (Central Act 
XVIII of 1942), the Factories Act, 1948 (Central Act LXIII of 1948), and the  [Tamil Nadu 
Shops and Establishments Act, 1947  (Tamil Nadu Act XXXVI of 1947), sh all not apply to 
catering establishments: 
 
Provided that anything done under the said enactments which could have been 
done under this Act if it had been in force at the relevant time shall be deemed to have 
been done under this Act. 
----- 
 
 
 
 
 
 
 
 
 
 
1 Subs. by Act 42 of 1961, S.3 (w.e.f. 24th January, 1962) 
2 Subs. for “Fort St. George Gazette”, by Act 29 of 1975, S.17 
3 Subs. by Tamil Nadu Adaptation of Laws Order, 1987 
 
 
 

‹ Prev All Tamil Nadu acts Next ›