Puducherry Catering Establishments (Amendment) Rules, 2013.

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®ı Amflºƒˆ ÿk^π¬˛wÁ\ 2013 } gÔ¸' | 23 { No. 37 Poudouchéry Vendredi 2 3 Août 2013

No. Puducherry Friday 23rd August 2013

( 1 Bhadra 1935)

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 28/Lab./AIL/G/2013, dated 22nd August 2013)

NOTIFICATION

The following draft of certain rules which the Lieutenant-Governor, Puducherry proposes to make the following rules further to amend the Puducherry Catering Establishments Rules, 1964, in exercise of the powers conferred under sub-sections (1) and (2) of section 29 of the Puducherry Catering Establishments Act, 1964 is hereby published for the general information of all persons as required by sub-section (3) of section 29 of the said Act.

[ 205 ] 206 LA GAZETTE DE L'ETAT [PART–II

Notice is hereby given that the said draft rules will be taken into consideration on the expiry of forty-five days from the date of publication of this notification in the official gazette. Any objection or suggestion with respect to the said draft rules received from any person within the period specified above will be considered by the Government. The objections or suggestions shall be addressed to the Secretary to Government, Labour Department, Puducherry.

Draft rules

1. Short title and commencement.— (1) These rules may be called

the Puducherry Catering Establishments (Amendment) Rules, 2013.

(2) They shall come into force on and from the date of their

publication in the official gazette.

2. Amendment of rule 3.— In the Puducherry Catering Establishments Rules, 1964 (hereinafter referred to as the principal rule) in rule 3, below sub-rule (2) for the existing Table, the following shall be substituted, namely:-

"THE TABLE

If the number of employees proposed to be employed on any day during the financial year to which the registration fees relates:-

Sl. No Particulars Fees

(1)

(2)

(3)

`

1 Is "Nil', i.e., no person is employed in catering 30.00

establishment.

2 Does not exceed 5

100.00

3 Exceeds 5 but does not exceed 10 200.00

4 Exceeds 10 but does not exceed 20 350.00

5 Exceeds 20 but does not exceed 50 1,000.00

6 Exceeds 50 but does not exceed 100 2,000.00

7 Exceeds 100 and above 2,500.00".

207

PART–II] LA GAZETTE DE L'ETAT

3. In the principal rules, after rule 3 as so amended, the following

rule shall be inserted, namely:–

"3-A. Inspector's power to call for particulars before registration.— Before registering the catering establishment and issuing a registration certificate under sub-section (3) of section 4, the Inspector may, for the purpose of being satisfied about the correctness of the application sent to him under sub-section (1) of that section call for such particulars as he may thinks fit".

4. Amendment of rule 5.— In the said rules, in rule 5, after

sub-rule (2), the following shall be inserted, namely:-

"5-A. Amendment of certificate of registration.— (1) The certificate of registration issued under rule 4 or renewed under rule 6 may be amended by the Inspector concerned.

(2) The application for the amendment of a certificate of

registration shall be accompanied by -

(i) a statement indicating the nature of the amendment

required;

(ii) a statement showing the change in particulars already furnished in the application for registration under rule 4, which necessitates the amendment;

(iii) a treasury receipt showing that the appropriate fee for the amendment of the certificate of registration has been paid in the local treasury; and

(iv) the certificate of registration originally issued.

(3) The fee for the amendment of the certificate of registration shall be rupees fifteen only in addition to the amount if any, by which the fee would have been payable if the certificate of registration had been originally issued in the amended form, exceeds the fee paid for the certificate of registration.".

5. Amendment of rule 6.— In rule 6 of the said rules, for sub-rule (3),

the following shall be substituted, namely:–

"If the application for renewal is not sent within the time specified in sub-rule (1) but is sent after the expiry of such period, the registration certificate may be renewed only on payment of the additional fee specified below in addition to the fee payable under sub-rule (2) the renewal of the registration certificate.

208 LA GAZETTE DE L'ETAT [PART–II

(a) If the application for renewal . . 25 per cent. of the fee

is sent within a period of payable under sub-rule (2). one month from the date of expiry of registration certificate.

(b) If the application for renewal . . 50 per cent. of the fee

is sent after the expiry of one payable under sub-rule (2). month but within 2 months from the date of expiry of the registration certificate.

(c) If the application for renewal . . 100 per cent. of the fee

i s s e n t a f t e r t h e e x p i r y o f payable under sub-rule.". two months from the date of expiry of registration certificate.

6. In the principal rules, after rule 6, the following new rules shall

be inserted, namely:-

"6-A. Transfer of registration certificate.— (1) The employer holding a registration certificate may, at any time, before the expiry of the registration certificate apply in Form No.1-A for permission to transfer the registration certificate to another person.

(2) An application under sub-rule (1) shall be sent to the Inspector together with the registration certificate and a fee of rupees fifteen. If the Inspector approves the proposed transfer, he shall enter upon the registration certificate under his signature an endorsement to the effect that the registration certificate has been transferred to the person named by the holder of the registration certificate.

(3) An application for the transfer of a registration certificate under this rule shall be dealt with by the Inspector in the same manner as an application sent under sub-section (1) of section 4 of the Act.

6-B. Procedure on death of a holder of the registration certificate.— If an employer holding a registration certificate dies, and in such an event of the legal heir or legal representative desires to continue the business, they may within two months from the date of the death of the employer make an application together with the registration certificate in original to the 209

PART–II] LA GAZETTE DE L'ETAT

Inspector in Form No.1-A for transfer of the registration certificate to the name of the applicant and the Inspector shall enter in the registration certificate under his signature an endorsement to the effect that the registration certificate has been transferred to such legal heir or legal representative.".

7. Amendment of rule 8.— In the principal rules, in rule 8, after

sub-rule (2), the following shall be inserted, namely:-

"(3) If any application for the grant or renewal of a registration certificate is rejected the registration fee paid shall be refunded to the applicant by the Inspector.

(4) The Inspector, if satisfied, may also refund the excess

registration fees, if any, paid by the employer.".

8. Amendment of rule 9.— In the principal rules, after rule 9, the

following rule shall be inserted, namely:-

"9-A. Ascertainment of age by the Inspector.— The Inspector may require an employer to produce an authentic extract from the records of any school, village, panchayat or municipality or other local body and in the absence of such extract, at least a certificate in Form No.V-A from a Registered Medical Practitioner showing the age of any person employed by such employer.".

9. Amendment of rule 13.— In the principal rules, for rule 13, the

following shall be substituted, namely:-

"13. Scale of dress to be supplied to the employee.— (1) The employee shall keep his person and dress in a clean and tidy condition:

Provided that each employee with not less than six months continuous service shall be supplied by the employer with the dress as specified below:

(a) Servers- Either two pants or at the option of the employee four dhoties of (1.83 metres) each and two shirts with half sleeves for every 12 months.

(b) Cleaners- Two half pants and two shirts with half sleeves

for every 12 months.

(c) Kitchen staff- Two aprons for every 12 months.

210 LA GAZETTE DE L'ETAT [PART–II

(2) Unless the employer makes at his own cost adequate arrangements for the washing of uniforms provided by him to the employees of the catering establishments, the employees shall be paid an allowance for washing of such uniforms at the rate of rupees three per month, in arrears on the day on which the wages or salary of the employees are paid.".

10. Amendment of rule 16.— In the principal rules, for rule 16, the

following shall be substituted, namely:-

"16. Fire extinguishers and first-aid boxes.— (1) There shall be adequate fire extinguishers or fire buckets filled with sand to deal with fire accidents. The Inspector may specify the number of fire extinguishers or fire buckets to be provided in a catering establishment as may be deemed necessary.

(2) There shall be provided and maintained so as to be readily accessible in or near the kitchen first-aid boxes or cupboards equipped with the following:-

(a) In respect of catering establishments, in which the number of persons employed does not exceed 20, each first-aid box or cupboard shall contain the following equipment:-

(i) Six small sterilized dressings;

(ii) 3 medium size sterilized dressings;

(iii) 3 large size sterilized dressings;

(iv) 3 large size sterilized burn dressings;

(v) 1 bottle of not less than 25 ml. of a 2% alcoholic solution

of iodine.

(vi) 1 bottle containing not less than 25 ml. of salvolatile having the dose and mode of administration indicated on the label;

(vii) A snake-bite lancet;

(viii) 1 bottle of not less than 25 gms. of potassium

permanganate crystals;

(ix) One pair of scissors;

(x) 1 copy of the first-aid leaflet issued by the Chief Adviser (Factories), Government of India;

211

PART–II] LA GAZETTE DE L'ETAT

(xi) Eye-drops; and

(xii) Nebasulph or Neosprin.

(b) In respect of catering establishments, in which the number

of persons employed exceeds 20, but does not exceed 50, each

first-aid box or cupboard shall contain the following equipment:

(i) 6 packets of not less than 15 gms. sterilized cotton

wool;

(ii) 6 medium size sterilized dressings;

(iii) 6 large size sterilized dressings;

(iv) 6 large size sterilized burn dressings;

(v) 6 (1/2 oz.) packets sterilized cotton wool;

(vi) 1 bottle of not less than 50 ml. containing 2% alcoholic

solution of iodine.

(vii) 1 bottle of not less than 50 ml. containing salvolatile

having the dose and mode of administration indicated

on the label;

(viii) One roll of adhesive plaster;

(ix) A snake-bite lancet;

(x) 1 bottle of not less than 25 gms. of potassium

permanganate crystals;

(xi) One pair of scissors;

(xii) O n e c o p y o f f i r s t - a i d l e a f l e t i s s u e d b y t h e

Chief Adviser (Factories), Government of India;

(xiii) Eye-drops; and

(xiv) Nebasulph or Neosprin.

(c) In respect of catering establishments in which the number

of persons employed exceeds 50, each first-aid box or cupboard

shall contain the following equipment:-

(i) 24 small sterilized dressings;

(ii) 12 medium size sterilized dressings;

(iii) 12 large size sterilized dressings;

212 LA GAZETTE DE L'ETAT [PART–II

(iv) 12 large size sterilized burn dressings;

(v) 12 packets of not less than 15 gms. sterilized cotton wool;

(vi) a snake-bite lancet;

(vii) one pair of scissors;

(viii) 2 bottles of not less than 25 gms. each of potassium

permanganate crystals;

(ix) 1 bottle of not less than 100 ml. containing 2% alcoholic

solution of iodine.

(x) 1 bottle of not less than 100 ml. of salvolatile having the dose and mode of administration indicated on the label;

(xi) 1 copy of the first-aid leaflet issued by the Chief Adviser (Factories), Government of India;

(xii) twelve roller bandages- 100 mm. or 10 cm. wide.

(xiii) twelve roller bandages - 50 mm. or 5 cm. wide;

(xiv) two rolls of adhesive plaster;

(xv) six triangular bandages;

(xvi) two packets of safety pins;

(xvii) a supply of suitable splints;

(xviii) one tourniquet;

(xix) eye-drops; and

(xx) Nebasulph or Neosprin.

(3) Each first-aid box or cupboard shall be distinctively marked

with a red cross on a white background.".

11. Amendment of rule 23.— In the principal rules, in rule 23, after

sub-rule (5), the following shall be inserted, namely:-

"(6) If the employer or his representative fails to appear on the specified date, the appellate authority may proceed to hear and determine the appeal ex parte.

213

PART–II] LA GAZETTE DE L'ETAT

(7) If the appellant fails to appear on the specified date, the

appellate authority may dismiss the appeal.

(8) Notwithstanding anything contained in sub-rules (6) and (7)

an order passed under either of those sub-rules may be set aside

and the appeal reheard on good cause being shown within one

month of the date of the said order, notice being served on the

opposite party of the date fixed for such rehearing.".

12. Amendment of rule 24.— In the principal rules, in rule 24, after

sub-rule (7), the following shall be inserted, namely:-

"(8) Every employer shall maintain a Register of Wages in

Form No. XIII.

(9) Every employer shall issue a wage slip in Form No. XIV

to every employee, every month a day prior to the disbursement

of wages or at least on the day of disbursement of wages or if the

wages are paid daily, along with wages duly signed by him or any

other authorised person and also obtain signature of the

concerned employee. The copies of wage slip issued shall be

maintained by the employer and produced to the Inspector on

demand.

(10) Every employer shall maintain a Register of advances,

deductions of damages or loss and fines in Form No. XV.".

13. Insertion of new rules - In the principal rules, after rule 28, the

following new rules shall be inserted, namely:-

"29. Production of registers, records and notices.— The

registers, records and notices maintained or exhibited under the

provisions of these rules shall always be available in the

establishment and shall be produced or caused to be produced for

inspection at all reasonable hours by an Inspector having

jurisdiction.

30. Preservation of records.— The registers, returns and other

records maintained or received under these rules and specified in

column (2) of the Table below shall be preserved for the periods

specified in the corresponding entries in column (3) thereof.

214 LA GAZETTE DE L'ETAT [PART–II

THE TABLE

Sl. Description of the records Period of No.

preservation

(1) (2)

(3)

1 Register of catering establishments Permanent

2 Registration certificate counterfoils 8 years

3 Application sent by the employers for 5 years

obtaining registration certificates.

4 Notification of change in Form IV 5 years

received from employers.

5 Chalans

5 years

6 Annual returns for the employers 3 years

31. Manner of destruction of records.— (1) After the period of preservation specified in rule 30, the registers, returns and records shall be destroyed either by tearing or by burning in the presence of the head of the office.

(2) The records destroyed by tearing may be sold or otherwise disposed of in such manner as the head of the office thinks fit.".

14. Amendment of Forms.— In the Principal rules, in the

Appendix,-

(a) for Form-I appended thereto, the following shall be

substituted, namely:-

"FORM-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 the :

catering establishment.

215

PART–II] LA GAZETTE DE L'ETAT

(ii) Full address to which communications : relating to the catering establishment should be sent.

3. (i) Maximum number of employees proposed :

to be employed on any one day during the calendar year.

(ii) Number of employees ordinarily to be :

employed in the catering establishment

4. Full name and residential address of the :

person who shall be Manager of the catering establishment.

5. Full name and residential address of the :

employer other than the Manager, that is to say-

(i) T h e p r o p r i e t o r o f t h e c a t e r i n g

establishment.

(ii) Directors in case of a public limited

liability 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, bank reference, income-tax assessment, etc.)

7. Previous experience of the applicant in :

the catering industry.

8. Whether the proposed site of the premises :

amounts to the alteration of the site of any existing premises and if so, the reasons for such alteration. [The employer should quote the licence or any other order from the Local Authority, Municipality, Commune Panchayat or Specially Notified Area)].

216 LA GAZETTE DE L'ETAT [PART–II

9. Whether any catering establishment :

was closed by the applicant during the period of twelve months immediately preceding the date of the application and if so, the reasons therefor.

10. Amount of fee ` ........................(Rupees.....................................

Paid in No. .............................................Treasury/ Bank on.....................

Chalan...................................................(enclosed).

Signature of Manager :

Date :

Signature of employer :

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 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.".

(b) after Form-I as so substituted, the following shall be

inserted, namely:-

"FORM -I-A

[See rule 6-A]

APPLICATION FOR TRANSFER OF REGISTRATION CERTIFICATE

1. Full name of the catering establishment :

2. Full postal address and situation of the :

catering establishment

3. Registration certificate number :

4. The name and address of the persons to : whom the registration certificate is to be transferred.

217

PART–II] LA GAZETTE DE L'ETAT

5. Full name and residential address of the : person who shall be the employer of the catering establishment

6. Full name and residential address of the : employer other than the Manager of the catering establishment.

7. Amount of fee `....................... (Rupees.......................................) paid in No.......................................Treasury /Bank on .......................... (vide chalan enclosed).

I agree that I shall accept all liabilities of the transfer in respect

of the employees of the catering establishment.

Signature of the transferee.

Date :

I agree that the Registration Certificate No. ....................,

dated................... may be transferred in the name of ...................

Date :

Signature of the transferor. (Holder of the registration certificate).

N.B. - This form shall be completed in ink in block letters or typed.".

(c) for Form-III appended thereto, the following shall be

substituted, namely:-

"FORM-III

[See sub-rule (2) of rule 4]

REGISTRATION CERTIFICATE OR RENEWAL THEREOF

IN RESPECT OF A CATERING ESTABLISHMENT

Registration number :

Fees `

Sl. No.

Certified that …………………………………………………. is

registered as a catering establishment in the Register of catering

establishments and that ……………………………………….. employer of

the catering establishment is permitted to employ not more than

…………………… employees on any day during the calendar year.

218 LA GAZETTE DE L'ETAT [PART–II

This certificate shall remain in force till the 31st day of

December 20 .

Dated :

Inspector.

Renewal

Date of Fees paid Date of Signature of Renewal for renewal expiry the Inspector

(1) (2) (3) (4)

(1)

(2)

(3)

(4)

Amendments

Amended to employ maximum Signature of the Inspector

number of employees.

(1)

(2)

(1)

(2)

(3)

(4)

Transfers

Name of the person Name of the catering Signature of the to whom transferred establishment Inspector

(1) (2) (3)

(1)

(2)

(3)

(4)

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219 220 LA GAZETTE DE L'ETAT [PART–II

(e) after Form -V appended thereto, the following shall be inserted,

namely:-

"FORM-V-A

[See rule 9A]

AGE CERTIFICATE

I hereby certify that I have personally examined (name)

…………………….. son/daughter/wife of ………… aged ……….

years, residing at ……………….. and that ……………… (name)

employed by (here mention the name of employer, name of the

catering establishments and address) has completed sixteen/

eighteen years of age.

Descriptive marks are :

Signature or thumb-impression of the employee.

Place :

Signature and designation of

Registered Medical Practitioner.".

Date :

221

PART–II] LA GAZETTE DE L'ETAT

(f) for Form-IX appended thereto, the following shall be substituted,

namely:-

"FORM-IX

[See sub-rule (1) of rule 24]

REGISTER OF MUSTER ROLL

1. Serial number

:

2. Name of the person employed :

3. Young person or not

:

4. Father's name

:

5. Time at which employment commences :

6. Time at which employment ceases :

7. Rest interval

:

8. Hours worked on :

1 2 3 4 5 6 7

9. Total hours worked during the week :

10. Days on which overtime work done and

extent of such overtime on each occasion. :

11. Extent of overtime working during the week : .".

222 LA GAZETTE DE L'ETAT [PART–II

(g) for Form -X appended thereto, the following shall be substituted, namely:-

"FORM - X

NOTICE OF DAILY HOURS OF WORK, REST INTERVAL,

WEEKLY HOLIDAY, ETC.

[See sub-rule (3) of rule 24]

Name and full address of the Name of the employer/contractor/

establishment: M a n a g i n g D i r e c t o r / M a n a g i n g P a r t n e r / o r

authorised person with full residential address

Date of payment of wages:

H-Weekly Holiday; ML-Medical L e a v e ; Earned Leave MBL-Maternity Leave; SH-Substituted Holiday; NH-National Holiday; FH-Festival Holiday

The National Holiday and/or approved Festival Holiday occurring in the month

shall be indicated against the date on the top.

PA RT- I I

D a t e :

Signature of the Employer/

Contractor/Managing Director/

Managing Partner/Manager/

Authorised person

(Name in Capitals)".

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PART–II]LA GAZETTE DE L'ETAT

223 224 LA GAZETTE DE L'ETAT [PART–II

(h) after Form -XIII as so inserted to, the following shall be inserted,

namely:-

"FORM-XIV

WAGE SLIP

(See sub-rule 9 of rule 24)

1. Name and address of the :

establishment

2. Name of the employee :

3. Father's/Husband's name :

4. Designation :

5. Date of entry into service :

6. Wage period : From ………… to ………

7. Wage earned Deductions

(a) Basic : (h) E.P.F. :

(b) D.A.

: (i) E.S.I. :

(c) H.R.A.

: (j) Other deductions :

(d) O.T. wages :

(e) Leave wages :

(f) Other allowances :

(g) Gross wages : Net amount paid:

8. Leave availed during the month: EL ………..… ML ……………

9. Leave at credit : EL ………….. ML ……………

Signature of the Employer/ Signature or thumb-impression

Manager/or any other of the employee.".

authorised person.

(i) after Form -XIV as so inserted to, the following shall be inserted, namely:-

"FORM-XV

P A R T –

I I ]

REGISTER OF ADVANCES PAID, DEDUCTION FOR DAMAGES OR LOSS AND FINES"

[See sub-rule (10) of rule 24]

Name and address of the establishment: Month : Year :

Advance paid Deduction for damages/loss Fines

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(1) ( 2 ) (3) ( 4 ) (5) ( 6 ) ( 7 ) ( 8 ) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20)

".

(By order of the Lieutenant-Governor)

G. SRINIVAS, Joint Secretary to Government (Labour).

2 2 5

online publication at "http://styandptg.puducherry.gov.in" Government Central Press Directorate of Stationery and Printing

Puducherry-9.