[21
OF 2023] [17th
May 2023] An Act Bill further to amend
the Tamil Nadu Shops and Establishments (Amendment) Act, 2018. Be it enacted by the
Legislative Assembly of the State of Tamil Nadu in the Seventy-fourth Year of
the Republic of India as follows:- "3.
Registration of shops and establishments.- (1)
On and from the date of commencement of the
Tamil Nadu Shops and Establishments (Amendment) Act, 2018, the employer of
every establishment employing ten or more workers shall, within a period of six
months from the date of commencement of his business, apply for registration
and obtain a registration certificate. (2)
Every application for registration under
sub-section (1) shall be made in such form and in such manner together with
such fee as may be prescribed. (3)
The Inspector, on receipt of an application
under sub-section (2), register the establishment and issue a registration
certificate to the employer within twenty four hours in such form as may be
prescribed. If the registration certificate is not issued within a period of
twenty four hours from the date of receipt of application by the Inspector, the
registration certificate shall be deemed to have been granted under this Act. (4)
The Inspector shall maintain a Register of
establishments, in such form, as may be prescribed. (5)
The registration certificate shall be
prominently displayed in the establishment by the employer. (6)
The employer shall give intimation to the
Inspector, of any change in any of the particulars furnished in the application
form submitted under sub-section (2) together with such fee as may be
prescribed, within a period of thirty days of such change. The Inspector shall,
on receipt of such intimation, amend the registration certificate or issue a
fresh registration certificate. (7)
The employer shall, within a period of thirty
days of the closure of the establishment, give intimation of such closure to
the Inspector and on receipt of such intimation, he shall cancel the
registration certificate: Provided that where the
Inspector is satisfied otherwise than on receipt of such intimation that the
establishment has been closed, he shall cancel such registration certificate: Provided further that no
cancellation shall be made under the first proviso, unless the employer has
been given an opportunity of making representation. (8)
Notwithstanding anything contained in
sub-section (1), the employer of every existing establishment employing ten or
more workers on the date of commencement of the Tamil Nadu Shops and
Establishments (Amendment) Act, 2018 shall furnish the details of the
establishment along with a self declaration in such form as may be prescribed
to the Inspector, within a period of one year from the date of commencement of
the Tamil Nadu Shops and Establishments (Amendment) Act, 2018. The Inspector
shall after recording the intimation furnished by the employer in the Register of
the establishments, issue a registration certificate (9)
Where a registration certificate issued under
sub-section (3) is lost, defaced or destroyed, the employer shall make an
application to the Inspector together with such fee as may be prescribed for
the issue of a duplicate registration certificate. The Inspector, on receipt of
such application, shall furnish a duplicate copy of the registration
certificate to the employer.".The
Tamil Nadu Shops And Establishments (Amendment) Amendment Act, 2023
This Act may be called the Tamil Nadu Shops and Establishments (Amendment)
Amendment Act, 2023.
For section 3 of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018,
the following section shall be substituted, namely:-