Tamil Nadu Catering Establishments Act, 1958
No: 13 Dated: Jul, 09 1958
The Tamil Nadu Catering Establishments Act, 1958
Act No. 13 of 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 Chennai;
(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
(iii) in all areas within the jurisdiction of-
(a) panchayats which are classified or deemed to have been classified as town panchayats under the Tamil 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 Courtalla m 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.
2. Definitions. - In this Act, unless the context otherwise requires,-
(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 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;
(4) "employee" means a person wholly or principally employed directly or 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;
(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), authorising 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;
(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 business 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;
(13-A) "wages" means the basic wages, dearness allowance, the cash equivalent of the meals and tiffin supplied to the employees free of charge and the value or 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 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 do 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 notification, 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.