THE PUDUCHERRY CATERING ESTABLISHMENTS ACT,1964

353 
 
 

THE PUDUCHERRY CATERING ESTABLISHMENTS ACT, 1964 

(No. 6 of 1964) 
 

ARRANGEMENT OF SECTIONS 

 SECTION 
 1.  Short title, extent and commencement.  
 2. Definitions.  
 3.  Exemption  
 4.  Registration of catering establishments.  
 5. Change to be communicated to Inspector.  
 6.  Removal of catering establishments from the register.  
 7. Daily and weekly hours of work in catering establishments.  
 8. Extra wages for overtime work.  
 9. Interval for rest.  
 10.  Spread-over.  
 11.  Holidays.  
 12.  Leave with wages.  
 13. Wages during leave period.  
 14. Payment in advance in certain cases.  
 15. Mode of recovery of unpaid wages.  
 16. Application of the Payment of Wages Act, 1936 to catering establishments.  
 17. Prohibition of employment of children.  
 18. Prohibition of employment of women or young persons during night.  
 19. Notice of discharge or dismissal.  
 20. Appointment of Inspectors.  
 21. Powers and duties of Inspectors.  
 22. Employer to produce registers, records etc., for inspection.  
 23. Penalties.  
 24. Procedure.  
 25.  Limitation of prosecution.   
 26.  Onus as to age.  
 27.  Saving of certain rights and privileges.  
 28.  Indemnity.  
 29.  Power of make rules.  
 30.  Certain enactments not to apply to catering establishments.  
 
 
 
 



354 
 
 

THE PUDUCHERRY CATERING ESTABLISHMENTS ACT, 1964 
(No. 6 of 1964) 

 
23rd April, 1964. 

 
AN ACT 

 

to provide for the regulation of conditions of work in catering establishments   
       and for certain other purposes in the Union territory of Puducherry.  
 
 WHEREAS, it is expedient to provide for the regulation of conditions of 
work in catering establishments and for certain other purposes in the Union 
territory of Puducherry.  

 BE it enacted in the Fifteenth Year of the Republic of India as follows: - 
 

 1. Short title, extent and commencement. – (1) This Act may be called the 
Puducherry Catering Establishments Act, 1964. 

  (2) It extends to the whole of the Union territory of Puducherry.  

 +(3) It shall come into force at once.  
 

 2. Definitions. – In this Act, unless the context otherwise requires –  

 (1) “Government” means Administrator of the Union territory of 
Puducherry appointed by the President of India under Article 239 of the 
Constitution.  

 (2) “Catering Establishments” means a restaurant or residential hotel’ 

 (3) “Child” means a person who has not completed fourteen years of age;  

 (4) “Day” means the period to twenty-four hours beginning at mid-night:  

 Provided that in the case of an employee whose hours of work extend 
beyond mid-night, day means the period of twenty-four hours beginning from the 
time when such employment commences;  

 (5) “Employee” means a person employed in, and in connection with, any 
catering establishment, but does not include a member of the employer’s family;  

 (6) “Employer” means a person owning or having charge of the business 
of catering establishment and includes the manager, agent or other persons acting 
in the general management or control of a catering establishment;    

+ This Act came into force w.e.f 02.06.1964 
 



355 
 
 
 
 (7) “Family” in relation to an employer means the husband or wife, son, 
daughter, father, mother, brother or sister of such employer who lives with him 
and is dependent on him;  

 (8) “Inspector” means an Inspector appointed under section 20 for the 
area; 

 (9) “leave” means leave provided for in section 12;  

 (10) “period of work” means the time during which an employee is at the 
disposal of the employer;  

 (11) “Registration Certificate” means a certificate showing the registration 
of catering establishment:  

 (12) “Residential Hotel” means any premises in which the business of 
providing dwelling accommodation and supply of meals to any member of the 
public or a class of the public is carried on;  

 (13) “Restaurant” means any premises in which is carried on the business 
of the supply of refreshments or meals to the public or a class of the public for 
consumption on the premises;  

 (14) “Spread-over” means the period between the commencement and the 
termination of the work of an employee on any day;  

 (15) “Week” means the period of seven days beginning at mid-nigh on 
Saturday or on such other day as may be specified for a particular area or for a 
particular class of catering establishments by the prescribed authority.  

 (16) “Young person” means a person who has completed fourteen years of 
age but has not completed eighteen years of age.  
 

 3. Exemption. – (1) The provisions of this Act except section 21 and section 22 
shall not apply to any catering establishment in which only members of the 
employer’s family are employed.  

 (2) The provisions of sections 7 to 11 shall not apply to the persons 
occupying positions of management in catering establishments. 

 (3) The Government may, by notification, 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 this Act 
applies, from all or any of its provisions subject to such conditions as the 
Government deems fit.  
 
 



356 
 
 
 4. Registration of catering establishments. – (1) Within the period specified in 
sub-section  (3), every employer shall send to the Inspector a statement in such 
form together with such fees, as may be prescribed.  

 (2) On receipt of the statement and the fees, the Inspector shall, on being 
satisfied about the correctness of the statement, register the catering establishment 
in such manner as may be prescribed in the register of catering establishment 
maintained for the purpose and shall issue, in the prescribed form, a registration 
certificate to the employer. The registration certificate shall be prominently 
displayed at the catering establishment.  

  (3) The statement under sub-section  (1) shall be sent within thirty days 
from the date on which this Act comes into force in the case of catering 
establishment existing on such date, and within thirty days from the date of 
commencement of work in the case of any new catering establishment.  

  (4) A registration certificate shall be valid for a financial year and shall be 
renewed from financial year to financial year on payment of such fees as may be 
prescribed.  
 

 5. Change to be communicated to Inspector. – It shall be the duty of an 
employer to notify to the Inspector, in the prescribed form, any change in respect 
of any information contained in his statement under section 4 within seven days 
after the change has taken place. The Inspector shall, on receiving such notice and 
on being satisfied about its correctness, make the change in the register of catering 
establishments in accordance with such notice and shall amend the registration 
certificate or issue a fresh registration certificate, if necessary.    
 

 6. Removal of catering establishments from the register. – An employer 
closing a catering establishment shall, within ten days of his doing so, notify to the 
inspector in writing of such closure. The Inspector shall, on receiving such notice 
and on being satisfied about its correctness, remove such catering establishment 
from the register of catering establishment and cancel the registration  certificate.  
 

 7. Daily and weekly hours of work in catering establishments. – (1) No young 
person shall be required or allowed to work in any catering establishment for more 
than five hours in any day.  

  (2) No other employee shall be required or allowed to work in any 
catering establishment for more than nine hours in any day or for more than forty-
eight hours in any week:  

 
 
 
 



357 
 
  Provided that, subject to the payment of overtime, wages, the total 
number of hours of work including overtime shall not exceed ten hours in any day 
and the total number of hours of overtime work shall not exceed fifty hours in any 
quarter.  
 

 8. Extra wages for overtime work. – Where an employee works in any catering 
establishment for more than nine hours in any day or for more than forty-eight 
hours in any week, he shall, in respect of such overtime work, be entitled to wages 
at twice the ordinary rate or wages.  

  Explanation. – For the purposes of this section, the expression “ordinary 
rate of wages” means the basic wages plus such allowances including the cash 
equivalent of the advantage accruing through concessional sale to employee of 
food grains and other articles, as the employee is for the time being entitled to, but 
does not include a bonus.  
 

 9. Interval for rest.  – The period of work of an employee each day shall be so 
fixed that he shall not have to work continuously for more than five hours before 
he has had an interval for rest of at least half-an-hour.  
 

 10. Spread-over. – The periods of work of an employee shall be so arranged 
that along with his intervals for rest they shall not spread-over more than fourteen 
hours in any day:  

  Provided that the number of intervals for rest for an employee in any day 
shall not exceed two.   
 

 11. Holidays. – (1) Every employee shall be allowed in each week a holiday of 
one whole day.  

  (2) Every employee shall be allowed in each calendar year a holiday of 
one whole day on the 26th January, the 15th August, the 16th August and the 2nd 
October and four holidays each of one whole day for such festivals as the Inspector 
may, in consultation with the employer and the employees, specify in respect of 
any catering establishment.  

  (3) (a) Notwithstanding any contract to the contrary, no deduction shall be 
made from the wages of any employee on account of any holiday allowed to him 
under sub-section (1) or sub-section (2). 

         (b) Every employee shall be paid wages at the ordinary rates of wages 
as defined in the Explanation to section 8 for each of the holidays allowed to him 
under sub-section  (2).     

 

 



358 
 
 
  (4) Where an employee works on any holidays allowed under sub-section 
(2), he shall, at his option, be entitled --  

(a)  to wages at twice the ordinary rate of wages as defined in the 
Explanation to section 8 for such day, or  

(b)  to wages at the ordinary rate of wages defined as aforesaid for 
such day and to avail himself of a substituted holiday with 
wages on any other day.  

 
 12. Leave with wages. – (1) Every employee who has worked for a period of 
not less than 240 days in a catering establishment during a calendar year shall be 
allowed in the subsequent calendar year, leave with wages for a number of days 
calculated ---  

(i)  in the case of an adult, at the rate of one day for every 20 days of 
work performed by him during the previous calendar year;  

(ii)  in the case of a young person, at the rate of one day for every 15 
days of work performed by him during the previous calendar 
year.  

 
 Explanation 1. - The leave admissible under this sub-section  shall be 
exclusive of all holidays whether occurring during or at the beginning or at the 
end of the period of leave.  
 
 Explanation 2. - For the purpose of this sub-section  --  

(a)  any days of lay off, by agreement or contract or as permitted 
under the Standing Orders of the catering establishment 
concerned;  

(b)  in the case of a female employee authorised absence for 
maternity purposes for any number of days  not exceeding 
twelve weeks; and  

(c)  the leave earned in the year prior to that in which the leave is 
enjoyed; 

shall be deemed to be days on which the employee has worked for the purpose of 
computation of the period of 240 days but not for earning leave.  

 (2) An employee whose service commences otherwise than on the first 
day of January shall be entitled to leave calculated in accordance with sub-section 
(1), if he has worked for two thirds of the total number of days in the remainder of 
the calendar year.  

 
 
 



359 
 
 (3) If an employee is discharged or dismissed from service during the 
course of the year, he shall be entitled to leave with wages at the rate laid down in 
sub-section  (1) even if he has not worked for the entire period specified in sub-
section (1) or sub-section  (2) entitling him to earn leave.  

 (4) In calculating leave under this section, any fraction of leave of half-a-
day or more shall be treated as one full day’s leave and any fraction of less than 
half-a-day shall be omitted.  

 (5) If an employee does not in any calendar year take the whole of the 
leave allowed to him under sub-section  (1) or sub-section  (2), as the case may be, 
any leave not taken by him shall be added to the leave to be allowed to him in the 
succeeding calendar year;  

 Provided that the total number of days of leave that may be carried 
forward to succeeding year shall not exceed thirty in the case of an adult or forty 
in the case of a young person.  

 (6) An application by an employee for the whole or any portion of the 
leave allowed under sub-section (1) or sub-section (2), shall be in writing and 
ordinarily be made reasonably in advance of the date on which he wishes his leave 
to begin.  

 (7) If the employment of an employee who is entitled to leave under sub-
section  (1) or sub-section  (2), as the case may be, is terminated by the employer 
before he has taken the entire leave to which he is entitled or if having applied for 
leave he has not been granted such leave, or if the employee quits his employment 
before he has taken the leave, the employer shall pay him the amount payable 
under section 13 in respect of the leave not taken and such payment shall be made, 
where the employment of the employee is terminated by the employer, before the 
expiry of the second working day after such termination and where the employee 
quits his employment, on or before the next pay day.  

 (8) The leave not availed of by an employee shall not be taken into 
consideration in computing the period of any notice required to be given before 
discharge or dismissal.  
 

 13. Wages during leave period. – For the leave allowed to him under section 
12, an employee shall be paid at a rate equal to the daily average of his total full 
time earnings for the days on which he worked during the month immediately 
preceding his leave, exclusive of any overtime wages and bonus but inclusive of 
dearness allowance and the cash equivalent of the meals and tiffin supplied to the 
employee free of charge.  
 
 
 
 



360 
 
 14. Payment in advance in certain cases. – An employee who has been granted 
leave for a period exceeding four days shall, before his leave begins, be paid the 
wages due for the period of the leave allowed.  
 

 15. Mode of recovery of unpaid wages. – Any wages required to be paid by an 
employer but not paid by him, shall be recoverable as delayed wages under the 
provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936).    
 

 16. Application of the Payment of Wages act, 1936 to catering establishments. 
– (1) Notwithstanding  anything contained in the Payment of Wages Act, 1936 
(Central Act IV of 1936) (hereinafter in this section referred to as the said Act) the 
Government may, by notification, direct that, subject to the provisions of sub-
section  (2), the said Act or any of the provisions thereof or the rules made 
thereunder shall apply to all or any class of employees in catering establishments 
to which this Act applies.  

  (2) On the application of the provisions of the said act to any catering 
establishment under sub-section  (1), the Inspector appointed under this Act shall 
be deemed to be the Inspector for the purpose of the enforcement of the provisions 
of the said Act within the local limits of his jurisdiction.  

  (3) The Government may, by like notification, cancel or vary any 
notification issued under sub-section (1).  
 

 17. Prohibition of employment of children. – No child shall be required or 
allowed to work in any catering establishment.  
 

 18. Prohibition of employment of women or young persons during night. – 
No woman or young person shall be required or allowed to work whether as an 
employee or otherwise in any catering establishment between the hours of 9.00 
p.m. and 5.00 a.m. 
 

 19. Notice of discharge of dismissal. – (1) No employer shall dispense with the 
services of an employee employed continuously for a period of not less than six 
months, except for a reasonable cause and without giving such employee at least 
one month’s notice or wages in lieu of such notice, provided however that such 
notice shall not be necessary where the services of such employee are dispensed 
with on a charge of misconduct supported by satisfactory evidence recorded at an 
inquiry held for the purpose.  
 
 
 
 
 



361 
 
  (2)  (a) Any employee discharged, dismissed or retrenched may appeal 
to such authority and within such time and in such manner as may be prescribed 
either on the ground that there was no reasonable cause for dispensing with his 
services or on the ground that he had not been guilty of misconduct as held by the 
employer or on the ground that the employer did not retrench him in good faith.  

         (b) The appellate authority, may, after giving notice in the prescribed 
manner to the employer and the employee, dismiss the appeal or direct the 
reinstatement of the employee with or without wages for the period he was kept 
out of employment or direct payment of compensation without reinstatement or 
grant such other relief as it deems fit in the circumstances of the case. 

  (3) The decision of the appellate authority shall be final and binding on 
both the parties, not be liable to be questioned in any Court of Law and be given 
effect to within such time as may be specified in the order of the appellate 
authority.  
 

 20. Appointment of Inspectors. – (1) The Government may, by notification, 
appoint such persons or such class of persons as they think fit to be Inspectors for 
the purposes of this Act within such local limits as the Government may specify.  

  (2) Every Inspector shall be deemed to be a public servant within the 
meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).  
 

 21. Powers and duties of Inspectors. – Subject to any rules made by the 
Government in this behalf, an Inspector, may within the local limits for which he is 
appointed ---  

  (a) enter, at all reasonable times and with such assistants, if any, who are 
persons in the service of the Government or of any local authority as he thinks fit 
to take with him, any place which is, or which he has reason to believe, is a 
catering establishment:  

  (b) make such examination of the premises and of any prescribed 
registers, records and notices and take on the spot or elsewhere the evidence of 
such person as he may deem necessary for carrying out the purposes of this Act; 
and  

  (c) exercise such other powers as may be necessary for carrying out the 
purposes of this Act:  

  Provided that no one shall be required under this section to answer any 
question or give any evidence tending to incriminate himself.  
 
 
 
 



362 
 
 22. Employer to produce registers, records etc., for inspection – Every 
employer shall, on demand, produce for inspection of an Inspector, all registers, 
records and notices required to be kept under and for the purposes of this Act.  
 

 23. Penalties. – (1) Any employer who contravenes any of the provisions of 
sections 4, 5, 6, 7, 9, 10, 11 and 12 or fails to pay wages or compensation in 
accordance with any order of the appellate authority passed under clause (b) of 
sub-section (2) of section 19 shall, on conviction, be punishable with fine which, for 
a first offence, may extend to one hundred rupees and, for a second or any 
subsequent offence shall not be less than one hundred rupees or more than two 
hundred and fifty rupees.  

  (2) (a) Any employer who fails to reinstate an employee in accordance 
with any order of the appellate authority passed under clause (b) of sub-section  
(2) of section 19 shall, on conviction, be punishable with fine which may extend to 
one hundred rupees.  

   (b) Any employer, who after having been convicted under clause (a), 
continues to fail to reinstate an employee in accordance with the order mentioned 
in that clause shall, on conviction be punishable for each day after the previous 
date of conviction, during which he continues so to offend, with fine which may 
extend to twenty rupees.  

   (c) Any Court trying an offence punishable under this sub-section 
may direct that the whole or any part of the fine reliazed from the accused shall be 
paid by way of compensation to the person who, in its opinion, has been injured 
by such failure.  

  (3) Whoever contravenes any other provision of this Act or any of the 
rules made under this Act shall, on conviction, be punishable with fine which may 
extend to fifty rupees.  

  (4) Any compensation required to be paid by an employer under clause 
(b) of sub-section  (2) of section 19 but not paid by him shall be recoverable as 
delayed wages under the provisions of the Payment of Wages Act, 1936 (Central 
Act IV of 1936).  
 

 24. Procedure. – (1) No court shall take cognizance of any offence under this 
Act or any rule made thereunder except on a complaint made by, or with the 
previous sanction in writing of an Inspector.  

  (2) No court inferior to that of a Court of Second Class Magistrate shall try 
any offence punishable under this Act or any rule made thereunder.  
 
 
 
 



363 
 
 25. Limitation of prosecution. – No court shall take cognizance of an offence 
punishable under this Act or any rule made thereunder unless the complaint is 
made within six months from the date on which the offence is alleged to have been 
committed or within six months from the date of its coming to the knowledge of 
the Inspector, whichever is later.  
 

 26. Onus as to age. – (1) When any question arises under this Act whether any 
person is under a certain age or not the burden shall be on the employer concerned 
to prove that such person is not under such age.  

  (2) A declaration by a Government medical officer not below the rank of a 
Civil Assistant Surgeon that he has personally examined a person employed and 
believes him to be under the age stated in such declaration shall, for the purposes 
of this Act and the rules made thereunder, be admissible as evidence of the age of 
that person.  
 

 27. Saving of certain rights and privileges. – (1) Nothing contained in this Act 
shall affect any rights or privileges which an employee in any catering 
establishment is entitled to on the date this Act comes into force, under any other 
law, contract, custom or usage applicable to such catering establishment or any 
award, settlement or agreement binding on the employer and the employee in 
such catering establishment, if such rights or privileges are more favourable to him 
than those to which he would be entitled under this Act.  

  (2) If any question arises whether the rights or privileges aforesaid are 
more favourable to an employee than those to which he would be entitled under 
this Act or whether all or any of the provisions of this Act apply to a catering 
establishment or to a person employed therein, it shall be decided by the 
Commissioner of Labour and his decision thereon shall be final and not be liable to 
be questioned in any court of law.  
 

 28. Indemnity. – No suit, prosecution or other legal proceedings shall lie 
against any person for anything which is in good faith done or intended to be done 
under this Act.  
  

 29. Power to make rules. – (1) The Government may, by notification, make 
rules for the purpose of carrying into effect the provisions of this Act.  

  (2) In particular and without prejudice to the generality of the foregoing 
power, such rules may provide for ---  

 

 

 
 



364 
 

(a) all matters expressly required or allowed by this Act to be 
prescribed. 

(b) the registers and records to be maintained in a catering 
establishment for the purposes of examination by Inspectors 
and of securing compliance with the provisions of this Act;  

(c)  the form of notices to be exhibited in the premises of catering 
establishment by the employer and the manner of exhibiting 
such notices;  

(d)  the manner in which the cash equivalent of the meals and tiffin 
supplied to employees free of charge is to be computed;  

(e)  matters relating to the health of employees in, and the sanitation 
of, a catering establishment.  

  (3) The power to make rules conferred by this Act is subject to the 
condition of the rules being made after previous publication.   

  (4) All rules made under this Act shall, as soon as may be after it is made, 
be laid before the Legislative Assembly of Puducherry while it is in session for a 
total period of fourteen days which may be comprised in one session or in two 
successive sessions, and if before the expiry of the sessions in which it is so laid or 
the session immediately following, the Legislative Assembly makes any 
modification in the rule or decide that the rule should not be made, that rule shall 
thereafter have effect, only in such modified form or be of no effect as the case may 
be, so however that any such modification or annulment shall be without 
prejudice to the validity of anything previously done under that rule.  
 

 30. Certain enactments not to apply to catering establishments. – On and from 
the date of the commencement of this Act, the Weekly Holidays Act, 1942 (Central 
Act XVIII of 1942), the Factories Act, 1948 (Central Act LXIII of 1948), and the 
Puducherry Shops and Establishments Act, 1964 (Puducherry Act 9 of 1964) shall 
not apply to catering establishments:  

  Provided that anything done under the said enactments which could have 
been done under this act it had been in force at the relevant time shall be deemed 
to have been done under this Act.  

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