***] 3[*35. Calculation of the cash equivalent of free supply of meals and tiffin. - The cash equivalent of the meals and tiffin 4[required to be] supplied to an employee free of charge shall be calculated at the rate of 5[Rs. 2.75] per day in respect of the district of Madras, district headquarters, taluk headquarters, municipalities and townships and at 5[Rs. 2.50] per day in respect of town panchayats not falling under the former category.]
*36. Payment of wages if employee dies. - (1) If an employee who had taken leave dies before he resumes work, the balance of his wages due for the period of leave with wages not availed of shall be paid to his nominee within one week of the receipt of the intimation of the death of the employee.
(2) For the purpose of sub-rule (1), each employee shall submit a nomination in 6[Form No. VIII] duly signed by himself and attested by two witnesses. The nomination shall remain in force unless the nominee pre-deceases the employee or until it is cancelled or revised by another nomination.
*[CHAPTER VII] MISCELLANEOUS PROVISIONS *37. Appeals under section 19. - 7[(1) The Assistant Commissioners of Labour (Conciliation) or the Labour Officers in their respective areas assigned to them by the Commissioner of Labour shall be appellate authorities for the purposes of hearing appeals under sub-section (2) of section 19 and such appeal shall be preferred by the employees within thirty days from the date of service of the order dispensing with his services with the employer, such service to be deemed effective, if carried out either personally or if that be not practicable by prepaid registered post to his last known address when the date of such service shall be deemed to be the date when the letter would reach the addressee in ordinary course of post:
Provided that an appeal may be admitted after the said period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.]
* Re-numbered by S.R.O. A-1/76, dated the 30th December, 1975.
1 Sub-rule (1) of Rule 33, omitted ibid 2 Rule 34, omitted ibid 3 Subs. by S.R.O. No. A-518 of 1962, dated the 7th June, 1962.
4 Ins. by S.R.O. A-1/76, dated the 30th December, 1975.
5 Subs. by S.R.O. No. A-79 of 1971, dated the 5th February 1971.
6 Subs. by S.R.O. No. A-428 of 1966, dated the 12th April 1966.
7 Subs. by G.O.Ms. No. 992, Labour, dated the 18th May, 1985.
13
(2) The notices to be given under clause (b) of sub-section (2) of section 19 shall be in 1[Form No. IX] to the employer and in 2[Form No. X] to the employees. The notice shall be sent to the parties by registered post acknowledgment due.
(3) The procedure to be followed by the appellate authority when hearing the appeals preferred to it under sub-section (2) of section 19 shall be summary. It shall record briefly the evidence adduced and then pass orders giving its reasons therefor.
(4) An authenticated copy of the order shall be furnished to each of the parties, either in person or by registered post acknowledgment due.
(5) Additional copies of the order shall be supplied to the parties only on an application accompanied by the requisite copy stamp papers.
3[(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.
(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 re-heard 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 re-hearing.]
*38. Maintenance of registers and display of notices. – 2[(1) Every employer shall maintain a register of employment in 4[Form No. XIV] wherein entries relating to hours of work including overtime work, if any, shall be made at the time of commencement of work on each day.]
(2) Every employer shall maintain a 5[Visitors' Book] in which an Inspector visiting the catering establishment may record his remarks regarding any defects that may come to his notice at the time of his inspection and shall produce it whenever required to do so by the Inspector.
6[(3) An employer shall exhibit in his catering establishment a notice in 7[Form No. XV] specifying the daily hours of work, intervals for rest, and weekly holiday allowed to the employees. A copy of the notice shall be sent to the Inspector:
Provided that if any change in the notice so exhibited becomes necessary, a notice of such change shall be exhibited before such change is given effect to, and a copy of the said notice together with a statement of reasons for the change shall be sent simultaneously to the Inspector.]
1 Subs. by S.R.O. No. A-428 of 1966, dated the 12th April 1966, for “Form No. VII” 2 Subs. by G.O.Ms. No. 1753, Industries, Labour and Housing (Labour), dated the 12th April, 1966 for “Form No. VIII”.
3Ins. by S.R.O. A-506 of 1963, dated the 1st May, 1963.
* Re-numbered by S.R.O. A-1/76, dated the 30th December, 1975.
4Subs. by G.O.(D) No. 1088, Labour and Employment (H-1), dated the 19th August, 2004 (w.e.f.
16th March, 2005), for “Form No XI” 5 Subs. by S.R.O. A-1/76, dated the 30th December, 1975 for “visit book” 6 Subs. vide S.R.O. No. A-283 of 1962, dated the 13th March, 1962.
7Subs. by G.O.(D) No. 1088, Labour and Employment (H-1), dated the 19th August, 2004 (w.e.f.
16th March, 2005), for the expression “Form No XII” 14 1[(4) ***] 2[(5) An abstract of the Act and the rules made thereunder shall be displayed either in English or in Tamil in every catering establishment in such form as the State Government may, by notification in the Tamil Nadu Government Gazette, specify.]
(6) Any notice required to be exhibited under these rules shall be exhibited in such manner that it can be readily seen and read by any person whom it affects and shall be renewed whenever it becomes defaced or otherwise ceases to be clearly legible.
(7) The registers referred to in these rules, except the Leave with Wages Register, shall be preserved for a period of 12 months from the date of the last entry noted in them and shall always be readily available in the catering establishment for inspection during all working hours of the catering establishment.
3[(8) Every employer shall maintain a Register of Wages in Form No. XVI.
(9) Every employer shall issue a wage slip in Form No. XVII 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. XVIII.]