5[(1) Every application under these rules shall be accompanied by a treasury receipt showing that the appropriate fee has been paid into the local treasury under the head of account 6[“087- Labour and Employment-087 (a) Receipts under Labour Laws-01. Receipts under Tamil Nadu Catering Establishments Act, 1958.”]] 1 Ins. By S.R.O. No. A-428 of 1966, dated the 12th April, 1966.
2 Subs. by S.R.O.A-1/76, dated the 30th December, 1975, for “Application”.
3 Subs. by G.O.Ms. No. 108, Labour and Employment (H-1), dated 25th May 2017 (w.e.f 21st June, 2017).
4 Subs. by S.R.O. A-1/76, dated the 30th December, 1975, for “a statement”.
5 Subs. by S.R.O. No. A-357 of 1962, dated the 24th April, 1962.
6 Subs. by S.R.O. No. A-298 of 1975, dated the 20th May, 1975.
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(2) If the Inspector is satisfied that any catering establishment has not worked even on a single day during the period of validity of the registration certificate, he may order the refund of the fee collected for the period.
1[(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.]
2[CHAPTER III APPEALS AND PROCEDURE
9. (a) Every appeal under section 4-A shall be preferred in the form of a memorandum setting forth concisely the grounds of appeal and signed by the appellant or his authorised agent and shall be presented to the Appellate Authority in person or sent to him by registered post.
(b) The memorandum shall be accompanied by a certified copy of the order appealed against and a treasury receipt for Rs. 10.00 being the fee for the appeal.
10. (a) Where the memorandum of appeal does not comply with the provisions of subrule (a) of rule 9, it may be rejected or returned to the appellant for the purpose of being amended within a time to be fixed by the Appellate Authority;
(b) Where the Appellate Authority rejects the memorandum under sub-rule (a) he shall record the reason for such rejection and communicate the order to the appellant;
(c) Where the memorandum of appeal is in order the Appellate Authority shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in a book to be kept for the purpose, called the Register of Appeals.
11. (a) Where the appeal has been admitted, the Appellate Authority shall send the notice of the appeal to the Inspector whose order is appealed against and the Inspector shall send the complete records of the case to the Appellate Authority.
(b) On receipt of the records, the Appellate Authority shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal.
12. (a) If on the date fixed for hearing, the appellant or his authorised agent does not appear, the Appellate Authority may dismiss the appeal on that ground.
(b) An order passed under sub-rule (a) may be set aside and the appeal reheard if the appellant shows good and sufficient cause to the satisfaction of the appellate authority within one month of the date of the said order and the appeal may be heard, after giving notice to the party of the date fixed for such hearing.
1 Ins. By S.R.O. No. A-29 of 1961, dated the 19th December, 1960 2 Chapter III inserted by S.R.O. A-1/76, dated the 30th December 1975.
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