Section 4 in The Tamil Nadu Catering Establishments Act, 1958
4. [ Procedure for registration of catering establishments. [Sections 4 and 4-A were substituted Tamil Nadu Act 29 of 1975.]
(1)Every employer shall make an application to the Inspector for the grant of a registration certificate in such form together with such fees as may be prescribed,-(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 technical 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 foregoing 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 certificate 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 rule 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 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.
