Plantations Labour Act, 1951
[Act No. 69 of 1951 as amended by Acts Nos. 42 of
1953, 34 of 1960, 53 of1961, 58 of 1981 and 61 of 19861]
CHAPTER I PRELIMINARY
1.Short title, extent, commencement and application-
This Act may be called the Plantations Labour Act,
1951.
It extends to the whole of India except the State of
Jammu and Kashmir.
It shall come into force on such date as the Central
Government may by notification in the Official Gazette, appoint.
1[(3)It applies to the following plantations, that
it to say,-
(a)To any land used or intended to be used for
growing tea, coffee, rubber [, cinchona or cardamom]2 which admeasures [5]2
hectares or more and in which [fifteen]2 or more persons are employed or were
employed on any day of the preceding twelve months-,
(b)To any land used or intended to be used for
growing any other plant, which admeasures [5]2a hectares or more and in which
2a[fifteen] or more persons are employed or were employed on any day of the
preceding twelve months, if after obtaining the approval of the Central
Government, the State Government by notification in the Official Gazette, so
directs.
3[Explanation. --- Where any piece of land used for
growing, any plant referred to in clause (a) or clause (b) of this sub-section
admeasures less than 5 hectares and is contiguous to any other piece of land
not being so used, but capable of being so used, and both such pieces of land
are under the management of the same employer. then, for the purposes of this
subsection, the piece of land first mentioned shall be deemed to be a
plantation, if the total area of both such pieces of land admeasures 5 hectares
or more.]
(5) The State Government may, by notification in the
Official Gazette declare that all or any of the provisions of this Act shall
apply also to any land used or intended to be used for crowing any plant
referred to in clause (a) or clause (b) of sub-section (4), not with standing
that ---
(a)It admeasures less than [5]2a hectares, or
(b)The number of persons employed therein is less
than [fifteen] 2a:
Provided that no such declaration shall be made in
respect of such land which admeasured less than [5]2a hectares or in which less
than 2a[fifteen] persons were employed, immediately before the commencement of
this Act.]
Subs. by Act No. 34 of 1960.
Subs. by Act No. 58 of 1981 (w.e.f. 26-1-1982).
2a. Ibid.
3. Ins. by Act No. 58 of 1981 (w.e.f. 26-1-1982).
2. Definitions. - In this Act, unless the context
otherwise requires-
(a)"Adolescent" means a person who has
completed his la[fourteenth] year but has not completed his eighteenth year,
(b)"Adult" means a person who has
completed his eighteenth year,
(c)"Child" means a person who has not
completed his 1a[fourteenth] year,
(d)"Day" means a period of twenty-four
hours beginning at midnight;
(e)"Employer" when used in relation to a
plantation, means the person who has the ultimate control over the affairs of
the plantation, and where the affairs f any plantation are entrusted to any
other person (whether called a managing agent, manager, superintendent or by
any other name) such other person shall be deemed to be the employer in
relation to that plantation;
2[(ee)
"Family", when used in relation to a worker means-
(i)His or her spouse, and
(ii)The legitimate and adopted children of the
worker dependent upon him or, who have not completed their eighteenth year And
includes, where the worker is a male, his parents dependent upon him;]
"Inspector" means an inspector of plantations
appointed under subsection (1) of Section 4 and includes an additional
inspector of plantations appointed under sub-section (I-A) of that section ;]
4[(f)"Plantation" means any plantation to
which this Act, whether wholly or in part, applies and includes offices,
hospitals, dispensaries, schools, and any other premises used for any purpose
connected with such plantation, but does not include any factory on the
premises to which the provisions of the Factories Act, 1948 (63 of 1948),
apply]
(g)"Prescribed" means prescribed by rules
under this Act,
4[(h)"Qualified medical practitioner"
means a person holding a qualification granted by an authority specified or
notified under Section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916),
or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of
1956), and includes any person having, a certificate granted under any
Provincial or State Medical Council Act;]
(i)"Wages" has the meaning assigned to it
in clause (h) of Section 2 of the Minimum Wages Act, 1948 (11 of 1948)
(j)"Week" means a period of seven days
beginning at midnight on Saturday night or such other night as may be fixed by
the State Government in relation to plantations in any area after such
consultation as may be prescribed with reference to the plantations concerned
in that area
5[(k)"Worker" means a person employed in a
plantation for hire or reward, whether directly or through any agency, to do
any work skilled, unskilled, manual or clerical, but does not include-
(i)A medical officer employed in the plantation
(ii)Any person employed in the plantation (including
any member of the medical staff) whose monthly wages exceed [rupees seven
hundred and fifty]6 ;
(iii)Any person employed in the plantation primarily
in a managerial capacity, notwithstanding that his monthly wages do not exceed
[rupees seven hundred and fifty]6 ;
(iv)Any person temporarily employed in the
plantation in any work relating to the construction, development or maintenance
of buildings, roads, bridges, or canals ;]
(l)"Young person means a person who is either a
child or an adolescent the extent of permanent partial disablement is expressed
in percentages of loss of earning capacity. These percentages are percentages
of the compensation which would be payable in the case of permanent total
disablement.
1a Subs. by Act 61 of 1986.
Ins. by Act No. 34 of 1960.
Ins. by Act No. 58 of 1981 (w.e.f. 26-1-1982).
Subs. by Act No. 34 of 1960.
`Subs. by Act No. 34 of 1960.
Subs by Act No. 58 of 1981 (w.e.f. 26-1-1982).
3.Reference to time of day. -In this Act, references
to time of day are references to Indian Standard Time being five and a half
Hours ahead of Greenwich Mean Time: --
Provided that for any area in which the Indian
Standard Time is not ordinarily observed, the State Government may make rules-
(a)Specifying the area
(b)Defining the local mean time ordinarily, observed
therein; and
(c)Permitting such time to be observed in all or any
of the plantations situated in that area.
REGISTRATION OF PLANTATIONS
1. Chap. I-A ins. by Act No. 58 of 1981 (w.e.f.
26-1-1982).
3-A.Appointment of registering officers. -The State
Government may, by notification in the Official Gazette,-
(a) Appoint such persons, being Gazetted Officers of
Government as it thinks fit, to be registering officers for the purposes of
this Chapter, and
(b)Define the limits within which a registering
office shall exercise the powers and discharge the functions conferred or
imposed on him by or under this Chapter.
3-B. Registration of plantations. -
(1)Every employer of a plantation, existing at the
commencement of the Plantations Labour (Amendment) Act. 1981 shall, within a
period of sixty days of such commencement, and every employer of any other
plantation coming into existence after such commencement shall, within a period
of sixty days of the coming into existence of such plantation, make an
application to the registering officer .for the registration of such plantation
Provided that the registering officer may entertain
any such application after the expiry of the period aforesaid if he is
satisfied that the applicant was prevented by sufficient cause from making the
application within such period.
(2)Every application made under sub-section (1)
shall be in such form and shall contain such particulars and shall be a
accompanied by such fees as may be prescribed.
(3)After the receipt of an application under sub-
section (1), the registering officer shall register the plantation.
(4)Where a plantation is registered under this
section, the registering officer shall issue a certificate of registration to
the employer thereof in such form as may be prescribed.
(5)Where, after the registration of a plantation
under this section, any change occurs in the ownership or management or in the
extent of the area or other prescribed particulars in respect of such
plantation, the particulars regarding such change be intimated by the employer
to the registering officer within thirty days of such change in such form as may
be prescribed.
(6)Where as a result of any intimation received
under sub-section (5), the registering officer is satisfied that the plantation
is no longer required to be registered under this section, he shall, by order
in writing, cancel the registration thereof and shall as soon as practicable,
cause such order to be published in any one newspaper in the language of, and
having circulation in, the area where the plantation is situated.
3-C.Appeals against orders of registering officer. -
(1)Any person aggrieved by the order of a
registering officer under sub-section (6) of Section 3-B may, within thirty
days of the publication of such order in the newspaper under that sub-section,
prefer an appeal to such authority as may be prescribed:
Provided that the appellate authority may entertain
an appeal under this sub-section after the expiry of the aforesaid period if it
is satisfied that the appellant was prevented by sufficient cause from
preferring the appeal within such period.
(2)After the receipt of an appeal under sub-section
(1), the appellate authority may, after giving the appellant, the employer
referred to in sub-section (5) of Section 3-B and the registering officer an
opportunity of being heard in the matter, dispose of the appeal as
expeditiously as possible.
3-D.Power to make rules. -
(1)The State Government may, by notification in the
Official Gazette, make rules to carry out the purposes of this Chapter.
(2)In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely: -
(a)The form of application for the registration of a
plantation, the particulars to be contained in such application and the fees to
be accompanied along with such application;
(b)The form of the certificate of registration
(c)The particulars regarding any change in respect
of which intimation shall be given by the employer to the registering officer
under sub-section (5) of Section 3-B and the form in which such change shall be
intimated
The authority to which an appeal may be preferred
under Section 3-C and the fees payable in respect of such appeal;
The registers to be kept and maintained by a
registering officer.]
INSPECTING STAFF
4. Chief inspector and inspectors-
(1) The State Government may, by notification in the
Official Gazette, appoint for the State duly qualified person to be chief
inspector of plantations, and so many duly qualified persons to be inspectors
of plantations subordinate to the chief inspector as it thinks fit.
[( I-A) The State Government may also, by
notification in the Official Gazette, appoint such officers of the State
Government or of any local authority under its control as it thinks fit, to be
additional inspectors of plantations for all or any of the purposes of this
Act]
(2)Subject to such rules as may be made in this
behalf by the State Government, the chief inspector may declare that local area
or areas within which or the plantations with respect to which, inspectors
shall exercise their powers under this Act, and may himself exercise the powers
of an inspector within such limits as may be assigned to him by the State
Government.
(3) The Chief Inspector and if inspectors shall be
deemed to be public servants within the meaning of the Indian Penal Code (45 of
1860).
1. Ins. by Act No. 59 of 11, I (w.e.f. 26-1-1982)
5.Powers and functions of inspectors. - Subject to
any rules made by the State Government in this behalf, an inspector may within
the local limits for which he is appointed--
(a)Make such examination and inquiry as he thinks
fit in order to ascertain whether the provisions of this Act and of the rules
made thereunder are being observed in the case of any plantation;
(b) With such assistants, if any, as he thinks fit,
enter, inspect and examine any plantation or part thereof at any reasonable
time for the purpose of carrying out the objects of this Act;
(c)Examine the crops grown in any plantation or any
worker employed therein or require the production of any register or other
document maintained in pursuance of this Act and take on the spot or otherwise
statements on any person which he may consider necessary for carrying out the
purposes of this Act;
(d)Exercise such other powers as may be prescribed:
Provided that no person shall be compelled under
this section to answer any question or make any statement tending to
incriminate himself.
6.Facilities to be afforded to inspectors. - Every
employer shall afford the inspector all reasonable facilities for making any
entry, inspection, examination or inquiry under this Act.
7.Certifying surgeons. -
(1)The State Government may appoint qualified
medical practitioners to be certifying surgeons for the purposes of this Act
within such local limits or for such plantation or class of plantation as it
may assign to them respectively.
(2)The certifying n shall carry out such duties as
may be prescribed in connection with-
(a)The examination and Certification of workers;
(b)The exercise of such medical supervision as may
be prescribed where adolescents and children are, or are to be, employed in any
work in any plantation which is likely to cause injury to their health.
PROVISIONS AS TO HEALTH
8.Drinking water. -In every plantation effective
arrangements shall be made by the employer to provide and maintain at
convenient places in the plantation a sufficient supply of wholesome drinking
water for all workers.
9.Conservancy. -
(1)There shall be provided separately for males and
females in every plantation a sufficient number of latrines and urinals of
prescribed types so situated as to be convenient and accessible to workers
employed therein.
(2)All latrines and urinals provided under
sub-section (1) shall be maintained in a clean and sanitary condition.
10.Medical Facilities-
(1)In every plantation there shall be provided and
maintained so as to be readily available such medical facilities for the
workers [and their families]1 as may be prescribed by the State Government.
(2)If in any plantation medical facilities are not
provided and maintained as required by sub-section (1) the chief inspector may
cause to be provided and maintained therein such medical facilities, and
recover the cost thereof from the defaulting employer.
(3)For the purposes of such recovery the chief
inspector may certify the costs to be recovered to the collector, who may
recover the amount as an arrear of land revenue.
1. Ins. by Act No. 34 of 1960.
WELFARE
11.Canteens. -
(1)The State Government may make rules requiring
that in every plantation wherein one hundred and fifty workers are ordinarily
employed, one or more canteens shall be provided and maintained by the employer
for the use of the workers.
(2)Without prejudice to the generality of the
foregoing power such rules may provide for-
(a)The date by which the canteen shall be provided;
(b)The number of canteens that shall be provided and
the standards in respect of construction, accommodation, furniture and other
equipment of the canteen;
(c) The foodstuffs which may be served therein and
the charges which may be made therefor;
(d)The constitution of a managing committee for the
canteen and the representation of the workers in the management of the canteen;
(e)The delegation to the chief inspector, subject to
such conditions as may be prescribed, of the power to make rules under clause
(c).
12. Crèches.
-
(1) In every plantation wherein fifty or more women
workers (including women workers employed by any contractor) are employed or
were employed on any day of the preceding twelve months, or where the number of
children of women workers (including women workers employed by any contractor)
is twenty or more, there shall be provided and maintained by the employer
suitable rooms for the use of children of such women workers.
Explanation. - For the purposes of this sub-section
and sub-section (1-A), "children" means persons who are below the age
of six years.]
(I-A) Notwithstanding anything contained in
sub-section (1), if, in respect of any plantation wherein less than fifty women
workers (including women workers employed by any contractor) are employed or
were employed on any day of the preceding twelve months, or where the number of
children of such women workers is less than twenty, the State Government,
having regard to the number of children of such women workers deems it
necessary that suitable rooms for the use of such children should be provided
and maintained by the employer, it may, by order, direct the employer to
provide and maintain such rooms and thereupon the employer shall be bound to
comply with such direction.
(2)[The rooms referred to in sub-section (1) or
sub-section 1-A] 1 shall-(a)Provide adequate accommodation;
(b) Be adequately lighted and ventilated;
(c)Be maintained in a clean and sanitary condition;
and
(d)Be under the charge of a woman trained in the
care of children and infants.
(3)The State Government may make rules prescribing
the location and the standards of 3[the rooms referred to in sub-section (1) or
sub-section (1-A) in respect of their construction and accommodation and the
equipment and amenities to be provided therein.
1.Subs. by Act No. 58 of 1981 w.e.f. 26-1-1982.
Ins. by Act No. 58 of 1981 w.e.f. 26-1-1982.
Subs. by Act No. 58 of 1981 w.e.f. 26-1-1982.
13. Recreational facilities. -The State Government
may make rules requiring every employer to make provision in his plantation for
such recreational facilities for the workers and children employed therein as
may be prescribed.
14.Educational facilities. -Where the children
between the ages of six and twelve of workers employed in any plantation exceed
twenty-five in number, the State Government may make rules, requiring every
employer to provide educational facilities for the children in such manner and
of such standard as may be prescribed.
[15.Housing facilities. -- It shall be the duty of
every employer to provide and maintain necessary housing accommodation-
(a)For every worker (including his family) residing
in the plantation;
(b)For every worker (including his family) residing
outside the plantation, who has put in six months of continuous service in such
plantation and who has expressed a desire in writing to reside in the
plantation:
Provided that the requirement of continuous service
of six months under this clause shall not apply to a worker who is a member of
the family, of a deceased worker who, immediately before his death, was
residing in the plantation.]
1.Subs. by Act No. 58 of 1981 w.e.f. 26-1-1982.
16.Power to make rules relating to housing. -The
State Government may make rule for the purposes of giving effect to the
provisions of Section 15 and, in particular providing for--
(a)The standard and specification of the
accommodation to be provided;
(b)The selection and preparation of sites for the
construction of houses and the size of such plot;
(c)The constitution of advisory boards consisting of
representatives of the State Government, the employer and the workers for
consultation in regard to matters connected with housing and the exercise by
them of such powers, functions and duties in relation thereto as may be
specified ;
(d)The fixing of rent, if any, for the housing accommodation
provided for workers;
(e)The allotment to workers and their families of
housing accommodation and suitable strips of vacant land adjoining such
accommodation for the purposes of maintaining kitchen gardens, [* * *]1a and
for the eviction of workers and their families from such accommodation;
(f)Access to the public to those parts of the
plantation wherein the workers are housed.
1a.Omitted by Act No. 34 of 1960.
16-A. Liability of employer in respect of accidents
resulting from collapse of houses provided by him. -
(1)If death or injury is caused to any worker or a
member of his family as a result of the collapse of a house provided under
Section 15, and the collapse is not solely and directly attributable to a fault
on the part of any occupant of the house or to a natural, calamity, the
employer shall be liable to pay compensation.
(2) The provisions of Section 4 of, and Schedule IV
to, the Workmen's Compensation Act, 1923 (8 of 1923), as in force for the time
being,, regarding the amount of compensation payable to a workman under that
Act shall, so far as may be, apply for the determination of the amount of
compensation payable under sub-section (1).
1. Sections 16-A 16-G ins. by Act No. 58 of 1981
w.e.f. 26-1-1982.
16-B. Appointment of Commissioners. - The State
Government may, by notification in the Official Gazette, appoint as many
persons, possessing the prescribed qualifications, as it thinks fit, to be
Commissioners to determine the amount of compensation payable under Section
16-A and may define the limits within which each such Commissioner shall
exercise the powers and discharge the functions conferred or imposed on him by,
or under this Act.
16-C.
Application for compensation. -
(1)An application for payment of compensation under
Section 16-A may be made to the Commissioner-
(a)By the person who has sustained the injury; or
(b)By any agent duly authorised by the person who
has sustained the injury; or
(c)Where the person who has sustained the injury is
a minor, by his guardian; or
(d)Where death has resulted out of the collapse of
the house, by any dependant of the deceased or by any agent duly authorised by
such dependent or, if such dependant is a minor, by his guardian.
(2)Every application under sub-section (1) shall be
in such form and shall contain such particulars as may be prescribed.
(3)No application for compensation under this
section shall be entertained unless it is made within six months of the
collapse of the house:
Provided that the Commissioner may, if he is
satisfied that the applicant was prevented by sufficient cause from making the
application within the aforesaid period of six months, entertain such
application within a further period of six months.
Explanation. - In this section, the expression
"dependant" has the meaning assigned to it in clause (d) of Section 2
of the Workmen's Compensation Act, 1923 (8 of 1923).
16-D. Procedure and powers. -
(1) On receipt of an application under Section 16-C,
the Commissioner may make an inquiry into the matter covered by the
application.
(2)In determining the amount of compensation payable
under Section 16-A, the Commissioner may, subject to any rules that may be-made
in this behalf, follow such summary procedure as he thinks fit.
(3) The Commissioner shall have all the powers of a
civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of
1908) in respect of the following matters, namely: -
(a)Summoning and enforcing the attendance of any
person and examining him on oath;
(b)Requiring the discovery and production of any
document;
(c)Receiving evidence on affidavits;
(d)Requisitioning any public record or copy thereof
from I any court or officer;
(e)Issuing commissions for the examination of
witnesses or documents;
(f)Any other matter which may be prescribed.
(4)Subject to any rules that may be made in this
behalf, the Commissioner may, for the purpose of determining any claim or compensation,
choose one or more persons possessing special knowledge of any matter relevant
to the inquiry to assist him in holding the inquiry.
16-E. Liability to pay compensation, etc., to be
decided by Commissioner. -
(1)Any question as to the liability of an employer
to pay compensation under Section 16-A, or as to the amount thereof, or as to
the person to whom such compensation is payable, shall be decided by the
Commissioner.
(2)Any person aggrieved by a decision of the
Commissioner refusing to grant compensation, or as to the amount compensation
granted to him, or to the apportionment thereof, may prefer an appeal to the
High Court having jurisdiction over the place where the collapse of the house
has occurred, within ninety days of the communication of the order of the
Commissioner to such person:
Provided that the High Court may entertain any such
appeal after the expiry of the period aforesaid if it is satisfied that the
appellant was prevented by sufficient cause from preferring the appeal within
such period:
Provided further that nothing in. this sub-section
shall be deemed to authorise the High Court to grant compensation in excess of
the amount of Compensation payable under Section 16-A.
(3)Subject to the decision of the High Court in
cases in which an appeal is preferred under sub-section (2), the decision of
the Commissioner under sub-section (1) shall be final and shall not be called
in question in any court.
16-F. Saving as to certain rights. -The right of any
person to claim compensation under Section 16-A shall be without prejudice to the
right of such person to recover compensation payable under any other law for
the time being in force; but no person shall be entitled to claim compensation
more than once in respect of the same collapse of the house.
16-G. Power to make rules. -
(1)The State Government may, by notification in the
Official Gazette, make rules for giving effect to the provisions of Sections
16-A to 16-F (both inclusive).
(2)In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for-
(i)The qualifications and conditions of service of
Commissioners;
(ii) The manner in which claims for compensation may
be inquired into and determined by the Commissioner;
(iii)The matters in respect of which any person may
be chosen to assist the Commissioner under Section 16-D and tile functions that
may be performed by such person;
(iv) Generally for the effective exercise of any
powers conferred on the Commissioner.]
17.Other facilities. -The State Government may make
rules requiring that in every plantation the employer shall provide the workers
with such number and type of umbrellas, blankets, rain coats or other tile
amenities for the protection of workers from rain or cold as may be prescribed.
18. Welfare officers. -
(1)In every plantation wherein three hundred or more
workers are ordinarily employed the employer shall employ such number of
welfare officers as may be prescribed.
(2)The State Government may prescribe the duties,
qualifications and conditions of service of officers employed under sub-section
(1).
STATE AMENDMENT
Kerala. - In Section 18, after sub-section (1) add
the following:
(1-A) If in any plantation, welfare officers are not
employed as required by the rules made under sub-section (1), the chief inspector
may appoint the required number of welfare officers and thereupon such officers
shall be deemed to have been employed by the employer under sub-section (1):
Provided that before appointing welfare officers
under this sub-section the employer shall be given an opportunity of being
heard. -Kerala Act 25 of 1969, S. 2 (1-12-1969).
SECTION 18-A
Kerala. -After Section 18, add the following
section:
18-A. "Chief Inspector to provide facilities on
default by employer. -
(1)If in any plantation, facilities are not provided
or maintained by employer as required by Section 8 or Section 9 or Section 12
or Section 15 or the rules made under Section 11 or Section 14 or Section 17,
the chief inspector may cause to be provided or maintained therein such facilities
and recover the cost thereof from the defaulting employer:
Provided that before providing or maintaining such
facilities the employer shall be given on opportunity of being heard.
(2) For the purpose of all recovery, of the cost
under sub-section (1) the chief inspector may certify the amount to be
recovered to the Collector, who may thereupon recover such amount as an arrear
of land revenue. --Kerala Act 25 of 1969, S. 2(1-12-1969).
HOURS AND LIMITATION OF EMPLOYMENT
19.Weekly hours. -
1a[(1)] Save as otherwise expressly provided in this
Act, no adult worker shall be required or allowed to work on any plantation in
excess of 2 [forty-eight hours] a week and no adolescent or child for more than
2[twenty-seven hours] a week.
3[(2)Where an adult worker works in any plantation
on any day in excess of the number of hours constituting a normal working day
or for more than forty-eight hours in any week, he shall, in respect of such
overtime work, be entitled to twice the rates of ordinary wages:
Provided that no worker such shall be allowed to
work for more than nine hours on any day and more than fifty-four hours in any
week.
(3)For any work done on any closed holiday in the
plantation or on any day of rest, a worker shall be entitled to twice the rates
of ordinary wages as in the case of overtime work.]
1a.Renumbered by Act No. 58 of 1981 w.e.f. 26-
1-1982. 2. Subs. by Act No. 58 of 1981 w.e.f. 26-1-1982.
3.Ins. by Act No. 58 of 1981 w.e.f. 26-1-1982.
20. Weekly holidays. -
(1)The State Government may by rules made in this
behalf -
(a)Provide for a day of rest, in every period of
seven days which shall be allowed to all workers;
1[(b)Provide for the conditions subject to which,
and the circumstances in which, an adult worker may be required or allowed to
work overtime.]
(2)Notwithstanding anything contained in clause (a)
of subsection (1)where a worker is willing to work on any day of rest which is
not a closed holiday in the plantation, nothing contained in this section shall
prevent him from doing so:
Provided that in so doing a worker does not work for
more than ten days consecutively without a holiday for a whole day intervening.
Explanation I. -Where on any day a worker has been
prevented from working in any plantation by reason of tempest, fire, rain or
other natural causes, that day, may, if he so desires, be treated as his day of
rest for the relevant period of seven days within the meaning of sub-section
(1).
Explanation 2. -Nothing contained in this section
shall apply to any worker whose total period of employment including any day
spent on leave. is less than six days.
1. Subs. by Act No. 58 of 1981 w.e.f. 26-1-1982.
21. Daily intervals for rest. -The period of work on
each day shall be so fixed that no period shall exceed five hours and that no
worker shall work for more than five hours before he has had an interval for
rest for at least half an hour.
22. Spread-over. -The period of work of an adult
worker in a plantation shall be so arranged that inclusive, of his interval for
rest under Section 1a[2I] it shall not spread over more than twelve hours
including the time spent in waiting for work on any day.
1a. Subs. by Act No. 42 of 1953, S. 4 and Sch. 111,
for " 19".
23.Notice of period of work. -
(1) There shall, be displayed and correctly
maintained in every plantation a notice of periods of work in such form and
manner as may be prescribed showing clearly for every day the periods during
which the workers may be required to work.
(2)Subject to the other provisions contained in this
Act, no worker shall be required or allowed to work in any plantation otherwise
than in accordance with the notice of periods of work displayed in the
plantation.
(3)An employer may refuse to employ a worker for any
day if on that day he turns up for work more than half an hour after the time
fixed for the commencement of the day's work.
24. 1[*******].
1. Omitted by Act 61 of 1986.
25.Night work for women and children. - Except with
the permission of the State Government, no woman or child worker shall, be
employed in any plantation otherwise than between the hours of 6 a.m. and 7
p.m.
Provided that nothing in this section shall be
deemed to apply to midwives and nurses employed as such in any plantation.
26.Non-adult workers to carry tokens. -No child 1[*
* * *]and no adolescent shall be required or allowed to work in any plantation
unless-
(a)A certificate of fitness granted with the
reference to him under Section 27 is in the custody of the employer; and
(b)Such child or adolescent carries with him while
he is at work a token giving a reference to such certificate.
1. Omitted by Act 61 of 1986.
27.Certificate of fitness. -
(1)A certifying surgeon shall, on the application of
any young person or' his parent or guardian accompanied by a document signed by
the employer or any, other person on his behalf at such person will be employed
in the plantation if certified to be fit for work, or on the application of the
employer or any other person on his behalf with reference - to any young person
intending to work, "amine such person and ascertain his fitness for work
either as a child or as an adolescent.
(2)A certificate of fitness granted under this
section shall be valid for a period of twelve months from the date thereof, but
may be renewed.
(3)Any fee payable for a certificate under this
section shall be paid by the employer and shall not be recoverable from the
young person, his parents or guardian.
28.Power to require medical examination. -An
inspector may if he thinks necessary so to do, cause any young person employed
in, a plantation to be examined by a certifying surgeon.
LEAVE WITH WAGES
29.Application of chapter. -The provisions of this
chapter shall not operate to the prejudice of any rights to which a worker may
be entitled under any other law or under the terms of any award, agreement, or
contract of service:
Provided that where such award, agreement or
contract of service provides for a longer leave with wages than provided in
this chapter the worker shall be entitled only to such longer leave.
Explanation. -For the purpose of this chapter leave
shall not, except as provided in Section 30, include weekly holidays or
holidays for festivals or other similar occasions.
30.Annual leave with wages. -
(1)Every worker shall be allowed leave with wages
for a number of days calculated at the rate of.
(a)If an adult, one day for every twenty days of
work performed by, him, and
(b)If a young person, one day for every fifteen days
of work performed by him:1[* * * *]
2[Explanation-(1)]3 for the purposes of calculating
leave under this sub-section, -
(a)Any day on which no work or less than half a
day's work is performed shall be counted, and
(b)Any day on which half or more than half a day's
work is performed shall be counted as one day.]
3 [Explanation. -(2) The leave admissible under this
subjection shall be exclusive of all holidays, whether occurring during, or at
either end of, the period of leave.)
(2) If a worker does not in any one period of twelve
months take the whole of the leave owed to him under sub-section (I), and leave
not taken by him shall be added to the leave to be allowed to him under that
subsection in the succeeding period of twelve months.'
(3)A worker shall cease to earn any leave under this
section when the earned leave due to him amounts to thirty days.
2[(4)If the employment of a worker who is entitled
to leave under this section is terminated by the employer before he, has taken
the entire leave to which he is entitled, the. Employer shall. Pay him the
amount payable, under Section 31 in respect of the leave not taken, and such
payment shall be made before the expiry of the second working day after-such
termination.]
1. Proviso omitted by Act No. 58 of 1981 w.e.f.
26-01-1982.
Ins. by Act No. 34 of 1960.
Ins. by Act No. 58 of 1981 w.e.f. 26-01-1982.
31.Wages during leave period. -
1(l) For the leave allowed to a worker under Section
30, he shall be paid, -
(a)If employed wholly on a time-rate basis, at a
rate equal to the daily wage payable to him immediately before the commencement
of such leave under any law or under the terms of any, award, agreement or
contract of service, and
(b)In other cases, including cases where he is,
during the preceding twelve calendar months, paid- partly on a, time-rate basis
and partly on a piece-rate basis, at the rate of the average daily wage
calculated over the preceding twelve calendar, months.
Explanation. - For the purposes of clause (b) of
sub-section (1) the average daily wage shall be computed on the basis of his
total full-time earnings during the preceding twelve calendar months, exclusive
of any overtime earnings or bonus, if any, but inclusive dearness allowances.
(I-A) In addition to the wages for the leave period
at the rates specified in sub-section (1), a worker shall also be paid the cash
value of food and other concessions, if any, allowed to him by the employer in
addition to his daily wages unless these concessions are continued during the
leave period.]
(2) Worker who has been allowed leave for 2[any
period not less than] four days in the case of an adult and five days in the
case of a young person under Section 30 shall, before his leave begins, be paid
his wages for the period of the leave allowed.
Subs. by Act No. 34 of 1960.
Subs. by Act No. 42 of i953, S. 4 and Sch. III, for "any period
less than".
1[32. Sickness and maternity benefits. -
(1) Subject to any rules that may be made in this
behalf, every wonder shall be entitled to obtain from his employer-,
(a)In the case of sickness certified by a qualified
medical practitioner, sickness allowance, and
(b)If a woman, in the case of confinement or
expected confinement, maternity allowance,
At such rate, for such period and at such intervals
as--may be prescribed.
(2)The State Government may make rules regulating
the payment of sickness or maternity allowance and any such rules may specify
the circumstances in which such allowance shall not be payable or shall cease
to be payable and in framing any rules under, this section the State Government
shall have due regard to the medical facilities that may be provided by the,
employer in any plantation.]
1.On the enforcement of the Maternity Benefit Act,
1961 (53 of 1961) in a State in relation to establishment, in that State
referred to in S. 1(3) thereof, S, 32 will stand amended as follow
(a)In sub-section (1), the letter and brackets,
"(a)" before the words "in the case of sickness", the word
"and" after the words "sickness allowance" and clause (b)
shall be omitted,
(b) In sub-section (2), the words "for
maternity" shall be omitted.
ACCIDENTS
1.Ins. by Act No. 58 of 1981 w.e.f. 26-1-1982.
32-A. Notice of accident. -Where in occurs which
causes death or which causes any reason of which the worker injured is prevented
from working for a period of forty-eight hours or more immediately following
the accident, or which is of such a nature as may be prescribed in this behalf,
the employer thereof shall send notice thereof to such authorities, in such
form, and within such time, as may be prescribed.
32-B. Register of accidents. -The employer shall
maintain a register of all accidents, which occur in, the plantation in such
form and in such manner as may be prescribed.
PENALTIES AND PROCEDURE
33.Obstruction. -
(1) Whoever obstructs and inspector in the discharge
of his duties under this Act or refuses or wilfully neglects to afford the
inspector any reasonable facility for making any inspection, examination or
inquiry authorized by or under this Act in relation to any, plantation, shall
be punishable with imprisonment for a term which may extend to three months or
with fine which may extend to five hundred rupees, or with both.
(2)Whoever wilfully refuses to produce on the demand
of an inspector any register or other document kept in pursuance of this Act,
or prevents or attempts to prevent or does anything which he has reason to
believe is likely to prevent any person from appearing before or being examined
by an inspector acting in pursuance of his duties under this Act shall be
punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to five hundred rupees, or with both.
34.Use of false certificate of fitness. -Whoever
knowingly uses or attempts to use as a certificate of fitness granted to
himself under Section 27 a certificate granted to another person under that
section, or having been granted a certificate of fitness to himself, knowingly
allows it to be used, or allows an attempt to use it to be made by another
person, shall be punishable with imprisonment which may extend to one month, or
with fine which i-nay extend to fifty rupees, or with both.
35.Contravention of provisions regarding employment
of labour. -Whoever, except as otherwise permitted any or under this Act,
contravenes any provision of this Act or of any rules made thereunder,
prohibiting, restrict in or regulating the employment of persons in a plantation,
shall be punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or with both.
36.Other offences. -Whoever contravenes any of the
provisions of this Act or of any rules made thereunder for which no other
penalty is elsewhere provided by or under this Act shall be punishable with
imprisonment for a term which may extend to three months, or with fine which
may extend to five hundred rupees, or with both.
37. Enhanced penalty after previous conviction. -If
any person who has, been convicted of any offence punishable under this Act is
again guilty of an offence involved a Contravention of the same provision, he
shall be punishable on a subsequent conviction with imprisonment which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both:
Provided that for the purposes of this section no
cognizance taken of any conviction made more than two years before the
commission of the offence which is being punished.
1[37A.Power of court to make orders. -
(1)Where an employer is convicted of an offence
punishable under Section 36, the court may, in addition to awarding any
punishment by order in writing, require him within such period as may be
specified in the order (which the court may, if it thinks fit and on an
application made in this behalf by the employer, from time to time, extend to
take such measures as may be so specified for remedying the matters in respect
of which the offence was committed.
(2)Where an order is made under sub-section (1), the
employer shall not be liable under this Act in respect of the continuation of
the offence during the period or extended period, as the case may be, specified
by the court, but if, on the expiry of such period or extended period, the
older of the court has not been fully complied with, the employer shall be
deemed to have committed a further offence and he shall, on conviction, be
punishable with imprisonment for a term which may extend to six months and with
fine which may extend to three hundred rupees for every day after such expiry.]
1. Ins. by Act. No. 58 of 1981 w.e.f. 26-1-1982.
38.Exemption of employer from liability in certain
cases. -- Where an employer charged with an offence under this Act alleges that
another person is the actual offender, he shall be entitled upon complaint made
by him in this behalf to have, on giving to the prosecutor in this behalf three
clear days' notice in writing of his intention so to do, that other person
brought before the Court on the day appointed for the hearing of the case and
if, after the commission, of the offence has been proved, the employer proves
to the satisfaction of the Court that-
(a)He has used due diligence to enforce the
execution of the relevant provisions of this Act; and
(b)That the other person committed the offence in
question without his knowledge, consent or connivance,
The said other person shall be convicted of the
offence and shall be liable to the like punishment as if he were the employer
and the employer shall be acquitted:
Provided that-
The employer may be examined on oath and his
evidence and that of any witness whom he calls in his support shall be subject
to cross-examination on behalf of the person he charges to be the actual
offender and by the prosecutor, and
If, in spite of due diligence, the person alleged as
the actual offender cannot be brought before the Court on the day appointed for
the hearing of the case, the Court shall adjourn the hearing thereof from time
to time so, however, that the total period
of such adjournment does not exceed three Months,
and if, by the end of the said period, the person alleged as the actual
offender cannot still be brought before the Court, the Court shall proceed to
hear the case against the employer.. 431
39. Cognizance of, offences. -No. Court shall take
cognizance of any offence under this Act except on complaint made by, or with
the previous sanction in writing of, the chief inspector and no Court inferior
to that of a Presidency Magistrate or a Magistrate of the second class shall try
any offence punishable under this Act.
40. Limitation of prosecutions. - No Court shall
take cognizance of an offence punishable under this Act unless the complaint
thereof has been made or is made within three months from the date on which the
alleged Commission of the offence came to the knowledge of an inspector:
Provided that where the offence consists of
disobeying a written order made by an inspector, complaint thereof may be made
within six months of the date on which the offence is alleged to have been
committed.
MISCELLANEOUS
41. Power to give directions. -The Central
Government may give directions to the Government of any State as to the
carrying into execution in the State of the provisions contained in this Act.
42. Power to exempt. -The State Government may, by
order in writing, exempt, subject to such conditions and restrictions as it may
think fit to impose, any employer or class of employers from all or any of the
provisions of this Act:
Provided that no such exemption [other than an exemption
from Section 19] 1 shall be granted except with the previous approval of the
Central Government.
1. Ins. by Act No. 34 of 1960.
43.General power to make rules. -
(1)The State Government may, subject to the
condition of previous publication, make rules to carry out the purposes of this
Act:
Provided that the date to be specified under clause
(3) of Section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be
less than six weeks from the date on which the draft of the proposed rules was
published.
(2)In particular, and without prejudice o the
generality of the foregoing power, any such rules may provide for-
(a)The qualifications required in respect of the
chief inspector and inspector;
(b)The powers which may be exercised by inspectors
and the areas in which and the manner in which such powers may be exercised;
(c)The medical supervision which may be exercised by
certifying surgeons;
(d)The examination by inspector or other persons of
the supply and distribution of drinking water in plantations;
(e)Appeals from any order of the chief inspector or
inspector and the form in which, the time within which and the authorities to
which, such appeals may be preferred;
(f)The time within which housing, recreational,
educational or other facilities required by this Act to be provided and
maintained may be so provided;
(g)The types of latrines and urinals that should be
maintained in plantations;
(h)The medical, recreational and educational
facilities that should be provided in plantations;
(i)The form and manner in which notices of period of
work shall be displayed and maintained;
(j) The registers which should be maintained by
employers and the returns, whether occasional or periodical, as in the opinion
of the State Government may be required for the purposes of this Act;[* * *]1
(k)The hours of work for a normal working day for the
purposes of wages and overtime.
2[(l) Any other matter which is required to be, or
may be, prescribed.]
(3) All rules made under this Act shall, if made by
any Government, other than the Central Government, be subject to the previous
approval of the Central Government.
Omitted by Act No. 58 of' 1981 w.e.f. 26-1-1982.
Added by ibid.
