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State of Tamilnadu - Section

Section 45 in The Tamil Nadu Catering Establishments Rules, 1959

45. [] [Re-numbered by S.R.O. No. A-1/76, dated the 30th December, 1975.] 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.Form No. I[See sub-rule (1) of rule 3 and sub-rule (1) of rule 6]Application under sub-section (1) of section 4 for Registration/ Application under Sub-Section (4) of Section 4 for Renewal of Registration Certificate for the Calendar Year ..............
1. Full name of the catering establishment  
2. (i) Full postal address and situation of thecatering establishment.  
  (ii) Full address to which communicationsrelating to the catering establishment should be sent.  
3. (i) Maximum number of employees proposed to beemployed on any one day during the calendar year.  
  (ii) Number of employees ordinarily to beemployed in the catering establishment.  
4. Full name and residential address of the personwho shall be manager of the catering establishment.  
5. Full name and residential address of theemployer other than the manager, that is to say, ---  
  (i) the proprietor of the cateringestablishment;  
  (ii) directors in case of a public limitedliability establishment;  
  (iii) where a managing agent has been appointed,the name of managing agent and directors thereof; and  
  (iv) shareholders, if any.  
6. Financial resources of the employer, (e.g.,particulars and value of movable and immovable properties, bankreference, income-tax assessment, etc.).  
7. Previous experience of the applicant in thecatering industry.  
8. Whether the proposed site of the premisesamounts to the alteration of the site of any existing premisesand, if so, the reasons for such alteration. [The employershould quote the licence or any other order from the LocalAuthority (Corporation, Municipality, Panchayat Board orSpecially Notified Area)].  
9. Whether any catering establishment was closedby the applicant during the period of twelve months immediatelypreceding the date of the application and, if so, the reasonstherefor.  
10. [ [Added by G.O. Ms. No. 315, Labour and Employment, dated 9.2.1981.] Whether the contribution to Tamil Nadu LabourWelfare Fund for the[previous year] [Substituted by G.O. Ms. No. 1473, Labour and Employment, dated 19.7.1982.]has been paid and, if so,furnish the full details of payment (viz., Cheque/ Demand DraftNo. and date/ Money Order Receipt No. and date).]  
11. [] [Re-numbered by S.R.O. No. A-75/81, dated the 9th February, 1981.] Amount of feeRs. ................ (Rupees) .................... paid inNo. ............. Treasury on .............. vide Challan (enclosed).  
Signature of Manager Signature of employer
Date : Date :
Note: (1) This form shall be completed in ink in block letters or typed.
(2)If any of the persons named against item 5 is a minor, the fact shall be clearly stated.
(3)In the case of catering establishment where a managing agent or agents have been appointed under the Companies Act, 1956 (Central Act 1 of 1956), the information required in item 5 shall be supplied only in respect of that person or persons.][Form No. I-A] [Inserted by Notification No. S.R.O. No. A-428 of 1996, dated the 12th April, 1966.][See rule 6-A]Application for Transfer of Registration Certificate
1. Full name of the catering establishment.  
2. Full postal address and situation of thecatering establishment.  
3. Registration certificate number.  
4. The name and address of the persons to whom theregistration certificate is to be transferred.  
5. Full name and residential address of the personwho shall be the employer of the catering establishment.  
6. Full name and residential address of theemployer other than the manager of the catering establishment.  
7. Amount of fee Rs................................ (Rupees) ....................paid in No. .................. Treasury on .............. videChallan (enclosed).  
I agree that I shall accept all liabilities of the transfer in respect of the employees of the catering establishment.
Date : Signature of the Transferee
I agree that the Registration Certificate No dated may be transferred in the name of......
Date : Signature of the Transferee
  (Holder of the Registration Certificate)
N.B. - This form shall be completed in ink in block letters or typed.Form No. II[See sub-rule (1) of rule 4]Register of Catering Establishments
SI. No. Date of receipt of application by the theInspector Number and date of previous certificate Name of employer catering establishment Name of the in whose name the registrationcertificate is to be issued. Address of the catering establishment
(1) (2) (3) (4) (5) (6)
           
Maximum number of employees employed or to beemployed Fee paid Name of treasury Number and date of challan Number and date of the registration certificateissued Initials of the Officer Remarks
(7) (8) (9) (10) (11) (12) (13)
             
[Form No. III] [Substituted by Notification No. S.R.O. No. A-428 of 1966, dated the 12th April, 1966.][See sub-rule (2) of rule 4]Registration Certificate or Renewal thereof in Respect of a Catering EstablishmentRegistration number
Fees Rs. ......................... S.No. .........................
Certified that........is registered as a catering establishment in the Register of Catering Establishments and that the employer of the catering establishment is permitted to employ not more than ...... employees on any day during the [calendar year] [Substituted for 'financial year' by Notification No. S. R. O. No. A-1/76, dated the 30th December, 1975.].This certificate shall remain in force till the [31st day of December] [Substituted for the expressions '31st day of March' by Notification No. S. R. O. No. A-1/76, dated the 30th December, 1975.] 20....
Date : Inspector
Renewal
  Date of renewal Fees paid for renewal Date of expiry Signature of the Inspector
  (1) (2) (3) (4)
(1)        
(2)        
(3)        
(4)        
Amendments
  Amended to employ maximum number of employees Signature of the Inspector
  (1) (2)
(1)    
(2)    
(3)    
(4)    
Transfers
  Name of the person to whom transferred Name of the catering establishment Signature of the Inspector
  (1) (2) (3)
(1)      
(2)      
(3)      
(4)      
Form No. IV[See sub-rule (1) of rule 5]Form in which any Change in Respect of Information contained in the [Application] [Substituted by S.R.O. No. A-1/76, dated the 30th December, 1975, for 'statement'.] under Section 4 Should be Notified
1. Full name of the catering establishment.  
2. Registration number and date of registration.  
3. Change in die particulars relating to situationof the establishment.  
4. Change in the particulars relating to theemployer.  
5. Change in the number of employees employed,namely, ---  
  (i) Maximum number of employees employed, priorto the change  
  (ii) Number of persons newly engaged  
  (iii) Total  
6. Any other change in the particulars in Form No.I relating to the statement under section 4 and the renewal ofthe registration certificate.  
Signature of Manager Signature of employer
Date : Date :
Note : This form shall be completed in ink in block letters or typed.[Form No. IV-A] [Inserted by S.R.O. No. A-l/76, dated the 30th December, 1975.][See sub rule (1) of rule 15]From(Name and address of the employer.)To(Designation and address of the Inspector having jurisdiction over the area in which the catering establishment is situated)Sir,I propose that the following festivals may be specified under sub-section (2) of section 11 of the Tamil Nadu Catering Establishments Act, 1958 (Tamil Nadu Act XIII of 1958) in respect of my catering establishment (*,#).
SI. No. Description of festivals
1.  
2.  
3.  
4.  
5.