PLANTATIONS (KARNATAKA) LABOUR RULES, 1956

 

PREAMBLE

In exercise of the powers conferred by Section 43 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951), the Government of Karnataka is pleased to make the following rules, the same having been previously published in Notification No. LS. 1328L.W. 158-543, dated 9th May, 1955, as required by the Said section.

CHAPTER I PRELIMINARY

Rule - 1. Short title, extent and commencement.

(1)     These Rules may be called the Plantations (Karnataka) labour Rules, 1956.

[1][(2) It extends to the whole of the State of Karnataka.]

(3)   These Rules, except Rule 23 and Rules 38 to 50 inclusive shall come into force at once. Rule 23 and Rules 38 to 50 inclusive shall come into force in respect of any plantation or group of plantations on such date or dates as the State Government may, by notification in the Official Gazette, appoint.

Rule - 2. Definitions.

In these Rules unless there is anything repugnant in the subject or context:

(a)      "Act" means the Plantations Labour Act, 1951;

(b)      "Form" means a form appended to these Rules;

(c)      "Health Officer" means the Municipal Health Officer or such other official as may be appointed by the State Government in that behalf;

(d)      "Inspector" means an officer appointed under Section 4 of the Act and includes "the Chief Inspector";

(e)      "Maintained" means maintained in an efficient state, in efficient working order and in good repair;

(f)       "Public Health Authority" means the local Health Officer having jurisdiction over the area;

(g)      "Section" means a section of the Act

CHAPTER I-A [2][REGISTRATION OF PLANTATIONS

Rule - 2A. Procedure for registration of plantations.

(1)     Every application for registration of a plantation, under Section 3-B shall be made in Form 1-A and shall be accompanied by a receipt from the Government Treasury for having paid the amount of fee specified in the table below;

 

TABLE

(2)     The registering officer shall maintain a register of plantations in Form 1-B and shall enter in it, particulars of every plantation separately.

(3)     The registering officer shall issue to the employer a certificate of registration in Form 1-C.

(4)     Intimation regarding the change that occurs in the ownership or management or in the extent of the area, or other particulars in respect of plantation, shall be given in Form 1-D.

(5)     The registering officer may, after holding such enquiry as he deems necessary, pass an order under sub-section (6) of Section 3-B.

Rule - 2B. Appellate Authority.

An appeal under sub-section (1) of Section 3-C shall lie to the Assistant Labour Commissioner (hereinafter in this Chapter referred to as the Appellate Authority) having jurisdiction over the area in which the plantation is situated.

Rule - 2C. Procedure for appeal.

(1)     Every appeal under-sub-section (1) of Section 3-C shall be preferred in the form of a memorandum signed by the appellant or his authorised agent and presented to the appellate authority in person or sent to it by registered post.

(2)     The memorandum shall be accompanied by a fee of rupees fifty and a copy of the order appealed against which shall be supplied to him free of cost by the registering officer.

(3)     The memorandum shall set-forth concisely and under distinct heads, the grounds of appeal against the order appealed from.

(4)     Where the memorandum of appeal does not comply with the provisions of sub-rules (1), (2) and (3) it may he rejected or returned to the appellant for the purpose of being complied within a time to be fixed by the appellate authority.

(5)     Where the appellate authority rejects the memorandum on ground of limitation, it shall record the reasons for such rejection and communicate the order to the appellant.

(6)     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 register of appeals kept for the purpose.

(7)     When the appeal has been admitted, the appellate authority shall send the notice of appeal to the registering officer, against whose order the appeal has been preferred and the registering officer shall send the records of the case to the appellate authority.

(8)     On receipt of the records, the appellate authority shall send a notice to the appellant as well as the registering officer to appear before it at such date and time as may be specified in the notice for the hearing of the appeal.

(9)     If on the date fixed for hearing, the appellant does not appear, the appellate authority may dismiss the appeal for default of appearance of the appellant unless the appellate authority chooses to consider to decide the appeal ex parte on merits.

(10)   Where an appeal has been dismissed under sub-rule (9), the appellant may, within thirty days from the date of such dismissal, apply to the appellate authority for re-admission of the appeal. Where it is proved that he was prevented by sufficient causes from appearing when the appeal was called on for hearing, the appellate authority shall restore the appeal.

(11)   If the appellant is present when the appeal is called on for hearing, the appellate authority shall hear the appellant or his authorised agent and any other person summoned by it for this purpose, and pronounce its order on the appeal either confirming, reversing or varying the order appealed from.

(12)   The order of the appellate authority shall state the points for determination, the decisions thereon and the reasons for the decisions.

(13)   The order shall be communicated to the appellant and a copy thereof shall be sent to the registering officer against whose order the appeal has been preferred.].

CHAPTER II THE INSPECTING STAFF

[3][Rules prescribed under Sections 4 and 5]

Rule - 3. Qualifications of Inspectors.

[4][No person shall be appointed as Inspector unless he:

(a)      holds or has held the office of an Inspector under the.

                                           (i)              Factories Act 1948; or

                                          (ii)              Payment of Wages Act, 1936; or

                                         (iii)              Minimum Wages Act, 1948; or

                                        (iv)              Plantations Labour Act, 1951; or

                                          (v)              Mysore Shops and Commercial Establishments Act, 1961.

OR

(b)      holds or has held the office of.

                                           (i)            the Commissioner of Labour; or

                                          (ii)            the Deputy Labour Commissioner; or

                                         (iii)            the Assistant Labour Commissioner; or

                                        (iv)            Labour Officer; or

[5][(iv) (a) Senior Labour Inspector; or]

                                          (v)            Labour Inspector; or

(c)      has worked for not less than two years as a Labour or Welfare Officer in any Industrial Establishment or Government Department.]

Rule - 3A. Qualification of Chief Inspector.

[6][[7][An officer of the State Government not below the rank of a Commissioner of Labour shall be qualified to be appointed as Chief Inspector under the Act.]

Rule - 3B. Powers and functions of Inspectors.

[8][An Inspector shall, for the purpose of giving effect to the provisions of the Act, have power to do all or any of the following things, that is to say

                           (i)            to photograph any non-adult worker; to inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any house, building or room, register or document maintained under the Act or anything provided for the purpose of securing the health or welfare of the workers employed in a plantation;

                          (ii)            to prosecute, conduct or defend before a court any complaint or other proceeding arising under the Act;

                         (iii)            to require an employer to supply or send any return or information relating to the provisions of the Act;

                        (iv)            to satisfy himself at each inspection that

(a)      the provisions of the Act and the rules regarding the health and welfare of workers employed in the plantation are observed;

(b)      the adolescents and children employed in the plantation have been granted certificates of fitness and that no adolescent or child is employed who is obviously unfit;

(c)      the prescribed registers are properly maintained;

(d)      the periods of rest and holidays provided by the Act are granted and that the limits of hours of work laid down therein are not exceeded;

(e)      the notice of period of work required under Section 23 of the Act is duly affixed;

(f)       leave with wages and sickness and maternity benefits are granted in accordance with the provisions of the Act and the Rules;

                          (v)            to note how far the defects pointed out at previous inspections have been removed and how far orders previously issued have been complied with; and

                        (vi)            to point out all such defects or irregularities as he may have observed and to give orders for their removal and to record and furnish to the employer a summary of the defects or irregularities and of his orders.

[9][(vii) to require an employer to produce or cause to be produced for the purpose of inspection, all registers, records or other documents maintained in pursuance of the Act or these rules at the office of the plantation:

Provided that if an employer fails to produce them or cause them to be produced in the office of the plantation when demanded by him, the Inspector may require such employer to produce or caused to be produced the said registers, records or other documents at his office or at such other place as may be specified by him whichever is nearer to the plantation.]

Rule - 4. Service on employer.

Every order passed under the Act and the Rules shall be served on the employer

(a)      by delivering a copy of it to him personally or at his office; or

(b)      by registered post.

Rules prescribed under Section 7

Rule - 5. Duties of certifying surgeons.

(1)     For purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the certifying surgeon shall fix a suitable time and place in consultation with the employer for the attendance of such persons, before the expiry of one month from the date of application, and shall give previous notice in writing thereof to the employers of the plantations situated within the local limits assigned to him.

(2)     Every certifying surgeon shall keep bound books containing certificates in Form No. 1 respectively in foil and counterfoil. In each book, the form shall be numbered consecutively and shall be printed on cloth backed or other durable paper. The foil and counterfoil shall be filled in and either the signature or the left thumb mark of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the person examined, the certifying surgeon shall sign the foil and initial the counterfoil and shall deliver the foil to him. The foil so delivered shall be the certificate of fitness granted under Section 27. All counterfoils in a book shall be preserved by the certifying surgeon for a period of at least two years after the issue of the last certificate in that book.

(3)     A person who loses a certificate of fitness which has been granted to him may apply to the certifying surgeon who granted it for a copy of the certificate and the said surgeon after making such enquiry from the employer of such person (or if such person is unemployed, from his last employer) and from such other sources, as he deems fit, may grant a duplicate of the lost certificate. The word "Duplicate" shall be clearly written in red ink across such duplicate certificate and initialled by the certifying surgeon. The counterfoil in the bound book of forms shall be similarly marked "Duplicate" and initialled. For every copy of a duplicate certificate granted, a fee of eight annas shall be charged from the person concerned which shall be credited to Government. The certifying surgeon shall maintain a register in Form No. 2 of all fees paid for the issue of duplicate certificates and shall initial each entry therein. No duplicate of a certificate shall be granted to any person otherwise than in accordance with the provisions of this sub-rule.

(4)     The certifying surgeon at his periodical visit shall satisfy himself as to the fitness of all the adolescents and children employed in the plantation and shall revoke the certificate of fitness of any whom he deems to be unfit.

(5)     The certifying surgeon shall hand over to the employer and Chief Inspector a note in Form No. 3 detailing the result of each visit to the plantation.

(6)     The certifying surgeon shall, upon request by the Chief Inspector, carry out such examination as he may indicate for any plantation or class of plantations where young persons are, or are to be, employed in any work which is likely to cause injury to their health.

(7)     The employer shall provide for the purpose of any medical examination which the certifying surgeons wishes to conduct at the plantation (for his exclusive use on such occasion) a room which shall be properly cleaned and adequately ventilated and furnished with a screen, a table (with writing materials) and chairs.

Rule - 6. Appeals against finding of certifying surgeon.

If a qualified medical practitioner employed in a Garden or Croup Hospital referred to in Chapter III is appointed to be a certifying surgeon, an appeal will lie against his finding to the District Medical Officer of the area in which the plantation is situated.

CHAPTER III HEALTH

Rules prescribed under Section 8

Rule - 7. Drinking water.

An adequate supply of wholesome drinking water shall be made available in every plantation at work sites at all times during working hours.

Rule - 8. Source of supply.

The water provided for drinking shall be supplied:

(a)      from the taps connected with a public water supply system, or

(b)      from any other source approved by the Chief Inspector of Plantations.

Rule - 9. Storage of water.

If drinking water is not supplied from taps connected with a public water supply system, it shall be kept in suitable vessels and renewed at least daily. All practicable steps shall be taken to preserve the water and vessels from contamination and to keep the vessels scrupulously clean.

Rule - 10. Cleanliness of well or reservoir.

(1)     Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility, of pollution by chemical or bacterial and extraneous impurities.

(2)     Where drinking water is supplied from such well or reservoir, the water in it shall be sterilised periodically as required by the Inspector by written order, and the date on which sterilising is carried out shall be recorded:

Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated before it is supplied for consumption.

Rule - 11. Report from the Health Officer.

The Inspector may, by order in writing, direct the employer to obtain, at such time or at such intervals as he may direct, a report from the Health Officer or the certifying surgeon, if the former is not available, as to the fitness for human consumption of the water supplied to workers, and in every case to submit to the Inspector a copy of such report as soon as it is received from the Health Officer.

Rule - 12. Distribution of water.

Drinking water shall be supplied at work sites at conveniently accessible points through paniwallahs or by tankers, etc.

Rules prescribed under Section 9

Rule - 13. Latrine accommodation.

(1)     Latrine accommodation shall be provided in every plantation on the scale of one latrine for every fifty acres of the area under cultivation or part thereof:

Provided that there shall be at least one latrine each for either sex.

(2)     The latrines shall be conveniently situated and shall have exclusive access for either sex.

Rule - 14. Latrines to conform to public health requirements.

The latrines should conform to public health requirements and latrines other than those connected with an efficient water-borne sewage system, shall comply with the requirements of the public health authorities.

Rule - 15. Privacy of latrines.

Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings.

Rule - 16. Sign boards to be displayed.

Where workers of both sexes are employed, there shall be displayed outside of each latrine or latrine block, a notice in Hindi and also in the language understood by the majority of workers "For Men Only" or "For Women Only", as the case may be. The notice shall also bear the figure of a man or of a woman, as the case may be.

Rule - 17. Water taps in latrines.

(1)     Where piped water supply is available, a sufficient number of water taps, conveniently accessible shall be provided in or near such latrine accommodation.

(2)     If piped water supply is not available, sufficient quantity of water shall be kept stored in suitable receptacles near the latrines.

Rule - 18. Urinal accommodation.

Urinal accommodation shall be provided on the scale of one urinal for every 50 acres of the area under cultivation or part thereof. The urinals shall be conveniently situated for both males and females and shall have exclusive access for either sex.

Rule - 19. Urinals to conform to public health requirements.

Urinals should conform to public health requirements. Urinals other than those connected with an efficient water-borne sewage system shall comply with the requirements of the public health authorities.

Rule - 20. Construction and maintenance of drains.

All drains carrying waste or sullage water shall be constructed in masonry or other impermeable materials and shall be regularly flushed and the effluent disposed of by connecting such drains with a suitable drainage line:

Provided that, where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Health Officer.

Medical Facilities

Rules prescribed under Section 10

Rule - 21. Types of hospitals.

There shall be two types of hospitals in plantations, viz., Garden Hospitals and Group Hospitals

                           (i)            Garden Hospitals will deal with out-patients, in-patients not requiring any elaborate diagnosis and treatment, infectious cases, midwifery, simple pre-natal and post-natal care, care of infants and children and periodical inspection of workers.

                          (ii)            Group Hospitals shall be capable of dealing efficiently with all types of cases normally encountered but will not be used for routine treatment Admission to Group Hospitals shall be only on the recommendation of a Garden Hospital doctor.

Rule - 22. Garden Hospitals.

(1)     Subject-to the provisions of sub-rules (2) and (3), every employer shall, by the 1st July, 1957, either,

(a)      provide a Garden Hospital in his plantation according to the standards laid down in these rules; or

(b)      have a lien on beds in such hospital in a neighbouring plantation or other hospital to the scale of 15 beds per 1,000 workers as may be approved by the Chief Inspector:

Provided that in the case of lien on hospital beds outside the plantation, a plantation or group of plantations may provide a dispensary with up to 5 detention beds under the immediate care and supervision of a qualified medical practitioner assisted by at least a full-time trained nurse and such other staff as the Chief Inspector may consider necessary, with corresponding reduction in the number of beds on which the plantation or group of plantations shall have a lien.

(2)     A plantation employing 1,000 or more workers shall run its own Garden Hospital wherever possible while plantations employing less than 1,000 workers which are situated within reasonable distances from one another may, with the approval of the Chief Inspector, combine and provide joint hospitals, dispensaries and share their expenses. For this purpose, the plantations concerned shall submit to the Chief Inspector particulars to the scale of staff proposed to be employed, the equipment proposed to be provided, the location of joint hospitals/dispensaries, areas of plantations served, the distances of plantations from one another, the number of workers employed and all other relevant information:

Provided that in the case of combined hospitals, plantations employing more than 200 workers shall, wherever possible, ran their own dispensaries referred to in the proviso to sub-rule (1).

(3)     In the plantations where a Garden Hospital/dispensary or a combined Garden Hospital/dispensary provided under sub-rule (1) is not situated, the employer shall also provide and maintain so as to be readily available during all hours at least one first-aid box or cupboard equipped with such contents as may be specified by the Chief Inspector. The first-aid box or cupboard shall be kept in-charge of a responsible person trained in first-aid treatment whose services shall be readily available during all hours to render first-aid.

(4)     Notwithstanding anything contained in sub-rules (1) to (3) small and inaccessible plantations employing 350 or less workers so situated as not to be within reasonable distance or reach of a Garden Hospital shall have, subject to the approval of the Chief Inspector, dispensaries with up to 5 detention beds under the immediate care of a full-time qualified compounder, but supervised and visited daily at regular hours by the nearest Garden Doctor.

(5)     Each Garden Hospital shall be under a qualified medical practitioner assisted by at least one trained nurse, one trained midwife, a qualified compounder and a trained health assistant. The services of the staff shall be readily available during all hours:

Provided that doctors employed in plantations at the commencement of these rules who are not qualified medical practitioners, may continue in service until they retire.

(6)     Medical and auxiliary personnel shall be appointed according to the following scale:

Qualified medical practitioner/number of workers not less than....................................1/1,750

Midwives/number of workers not less than.................1/1,750

Nursing attendants (male or female)/number of workers not less than..............................1/700

Compounder/number of workers not less than...............1/1,750

Health assistants/number of workers not less than............. 1/2,100

Note: Where more than one medical practitioner is appointed, at least one shall be a lady doctor.

(7)     (a) A minimum of 15 beds shall be provided in every Garden Hospital per 1,000 workers served and each bed shall be allowed at least 60 sq. ft of floor space.

(b) Every hospital shall be of sound permanent construction, with impermeable washable walls to a height of at least 5 feet on the inside with proper water supply and efficient sanitary arrangements.

(c) Every hospital shall have pure piped water supply and the wards, consulting room/operation theatre and dispensary, shall each have a water point over a suitable glazed sink.

(d) The following departments shall be provided,

                                           (i)            General ward for males;

                                          (ii)            General ward for females;

                                         (iii)            Maternity ward with separate labour room;

                                        (iv)            Family Planning Centre;

                                          (v)            Infectious ward with separate sanitary arrangements;

                                        (vi)            Out-patient department (with sufficient waiting space for patients to wait under cover preferably situated in a separate block from general wards);

                                       (vii)            Consulting room so arranged that patients can be examined in privacy;

                                      (viii)            Minor operation and dressing room;

                                        (ix)            Dispensary and Drugs Store;

                                          (x)            General Store;

                                        (xi)            Kitchen for cooking (fly-proof);

(e) In every hospital, transport facilities shall be provided for carrying patients to and from Group Hospitals.

Rule - 23. Group Hospitals.

(1)     Group Hospitals shall be established by the 1st July, 1957.

(2)     Plans for the establishment of Group Hospitals containing details as regards their location and size, areas of plantations served, the number of workers employed thereon, etc., shall be approved by the State Government.

(3)     Every Group Hospital shall have a minimum of 100 beds and there shall be at least 3 beds per 700 workers, every bed having 80 sq. ft. of floor space:

Provided that the State Government may fix a lesser number of beds to be provided in a Group Hospital and exempt a group of plantations from providing a Group Hospital, if it is satisfied that adequate alternative arrangements exist for treatment of patients intended to be treated at a Group Hospital:

Provided further that no exemption shall be allowed without the previous approval of the Central Government.

(4)     The hospitals shall be built according to such specifications as may be approved by the State Government.

(5)     There shall be provision for piped supply of pure water, electricity, modem methods of sanitation and water flushed closets. Each ward, labour room, surgical dressing room, consulting room and dispensary shall have a water point over a suitable glazed sink:

Provided that with the approval of the State Government, suitable alternative arrangements may be made in regard to supply of pure water, electricity and other modem methods of sanitation. "

(6)     Each hospital shall have provision for:

Operating Theatre Block;

X-ray Block;

Physical Therapy Block;

Dental Treatment Block;

Labour room;

T.B. and V.D. clinics;

Consulting and examination rooms;

Clinical Laboratory, fully equipped;

Dispensary;

Administrative and Office Blocks;

Kitchen and Laundry Blocks;

Lavatories and bathrooms;

Stores;

Mortuary and post-mortem rooms;

Out-patients Block which should preferably be at some little distance from the wards.

Separate ward shall be provided for males, females, maternity cases and small isolated wards for infectious diseases:

Provided that X-ray and Physical Therapy Blocks may not be provided if satisfactory arrangements are made by employers to provide these facilities with some hospital approved by the Chief Inspector.

(7)     (a) Every Group Hospital shall have such medical and other staff as may be specified by the State Government. All doctors in a Group Hospital shall be qualified medical practitioners.

(b) There shall be 15 nurses for a 100-bedded hospital of whom one shall be senior trained, 5 junior trained and 9 assistant nurses. Such classification may be made according to their qualifications and experience.

(8)     A properly equipped ambulance shall be maintained in every Group Hospital.

Rule - 24. Equipment and drugs.

Every dispensary, Garden Hospital and Group Hospital shall maintain such equipment and drugs, etc., as may be specified by the State Government.

Rule - 25. Medical records.

The medical officer-in-charge of each dispensary, Garden or Group Hospital, shall

(a)      maintain such registers, books, accounts and a medical record in respect of every patient, as may be prescribed by the State Government for the purpose, and

(b)      comply with such regulations as may be made by the State Government in respect of medical stores.

Rule - 26. Standard of medical facilities.

(a)      Out-patients' treatment.

It shall include

                                           (i)            detention for observation and treatment;

                                          (ii)            preventive treatment, such as vaccination and inoculation;

                                         (iii)            free provision of all drugs including those needed for injections and dressings and appliances that may be considered necessary;

                                        (iv)            ante-natal, natal and post-natal advice;

                                          (v)            provision of certificates free of cost in respect of maternity and sickness benefit claims under Section 32 of the Act.

(b)      In-patients' treatment

The hospital treatment shall include maintenance, food and medicines, including treatment at confinement as may be available at the hospital:

Provided that the State Government may fix the charge of food supplied to a patient while he is in the hospital.

Rule - 27. Submission of scheme for the provision of medical facilities and progress reports.

(1)     Within six months of the promulgation of these Rules, every employer shall submit to the Central Government as well as the State Government a scheme for providing medical facilities according to the prescribed standards. The scheme shall show the various stages in and the date by which the required medical facilities are proposed to be provided. Medical facilities shall be provided according to the approved scheme.

(2)     Every employer shall famish to [10][x x x x x] the State Government reports in [11][x x x x x] form [12][No. 3-A] as may be prescribed by the 31st January and 31st July every year to show the progress made in providing medical facilities according to the approved scheme.

Rule - 28. Failure to provide and maintain medical facilities as required in these Rules.

If any employer does not provide and maintain medical facilities as required in these Rules to the satisfaction of the Chief Inspector, the latter will cause to be provided and maintained these facilities in the nearest Garden Hospital or dispensary, or in a District Board or other similar hospital. The defaulting employer shall be liable to pay the cost of such medical facilities including charges, if any; in respect of

(a)      a medical officer's visit to the plantation for the purpose of attendance on any sick worker or workers;

(b)      the maintenance of sick worker in a hospital/dispensary for each day's maintenance; and

(c)      transport to and fro provided to the sick worker.

Rule - 28A. Medical facilities by State Government.

[13][[14][(1)] Notwithstanding anything contained in this Chapter, an employer required to provide medical facilities under Rules 21 to 28 may arrange with the Government of the State to provide medical facilities for the workers and their families on such terms and conditions as may be specified by a Notification in the Official Gazette by the State from time to time.

[15][(2) The contributions payable by the employers in accordance with the procedure in force in Coorg District prior to the issue of Notification No. LLH 17 LBW 57, dated 1st July, 1958 shall be deemed to have been levied under the provisions of these rules until such time as the revised procedure is brought into force.]

Rule - 28B. Free treatment in State Hospitals.

Every worker and his family of a plantation which has made arrangements with the State Government for providing medical facilities in accordance with Rule 28-A, shall be eligible for free medical treatment in the State Hospitals.]

Rule - 29. Recovery of sum due under Rule 28.

When any sum of money is due from any employer under Rule 28, the Chief Inspector shall give him notice in writing requiring the payment of the amount to the Collector, who may recover the same as an arrear of land revenue.

CHAPTER IV WELFARE

Rules prescribed under Section 11

Rule - 30. Canteens.

In or near every plantation wherein one hundred and fifty or more workers are ordinarily employed, the employer shall provide and maintain a canteen or canteens with facilities for sale of tea and snacks to workers.

Rule - 31. Prices to be charged.

(1)     Tea and snacks served in every canteen shall be sold on a no-profit basis.

(2)     The prices of all items served in the canteen shall be conspicuously displayed in every canteen.

Rules prescribed under sub-section (3) of Section 12

Rule - 32. Creches.

(1)     Every plantation [16][to which Section 12 applied], the employer shall provide and maintain a creche or creches for the [17][use of the children] who are below the age of six years according to the standards laid down in these Rules.

(2)     Every creche shall be conveniently accessible to the mothers of the children accommodated therein,

(3)     There shall not be less than 15 sq. ft. of floor area for each child to be accommodated in a creche.

(4)     The building in which the creche is situated shall be of sound construction with a good plinth.

(5)     The plan of the creche building shall be in accordance with the standard plan or plans laid down by the Chief Inspector

Provided that where no standard plan has been laid down or where it is proposed to deviate from a standard plan, the Chief Inspector's approval shall be obtained.

(6)     The creche shall be furnished with suitable furniture and a cradle for each child below the age of two.

(7)     A suitably fenced and shady open air playground shall be provided for the older children.

(8)     The employer shall appoint

                           (i)            a woman as creche-in-charge to look after children during the absence of their mothers, who shall possess such qualifications and training as may be approved by the State Government; and

                          (ii)            such other staff on a scale approved by the said authority.

Rule - 33. Wash Room.

(1)     There shall be in or adjoining the creche a suitable wash room for the washing of the children and their clothes.

(2)     There shall be provided a latrine for the use of the children in the creche.

Rule - 34. Supply of milk and refreshment.

At least half a pint of clean pure milk if possible, otherwise powdered milk approved by the certifying surgeon, shall be made available for each child on every day it is accommodated in the creche and the mother of such child shall be allowed in the course of her daily work, two intervals of sufficient time to visit the creche and feed the child. For children above two years of age there shall be provided in addition in adequate supply of wholesome refreshment.

Rule - 35. Supply of clothes, soap and oil.

(1)     The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

(2)     An adequate supply of clean clothes, soap and oil shall be made available for each child while it is in the creche.

Rules prescribed under Section 13

Rule - 36. Recreational facilities.

Every employer shall provide and maintain

                           (i)            a recreation centre or centres for workers with provision for indoor games suitable for adult and child workers;

                          (ii)            where adequate flat open space is available within a reasonable distance, a playground or playgrounds for adult and child workers with necessary sports equipment for outdoor games:

Provided that subject-to the provision of Rule 37, a group of employers may with the approval of the Chief Inspector, provide and maintain joint recreation centres and playgrounds and share their expenses.

Rule - 37. Location of Recreation Centre.

Every recreation centre to be provided and maintained under Rule 36 shall be conveniently situated as near as possible to the workers' quarters.

Rules prescribed under Section 14

Rule - 38. Educational facilities for workers' children.

Every employer shall, if the number of workers' children between the ages of 6 and 12 in his plantation exceeds 25, provide and maintain a primary school or schools for imparting primary education to the children:

Provided that an employer may not provide and maintain a primary school if there is one under the direct management of the State Government or of any local body for imparting free education to the children up to the primary or higher standard, with enough seats to admit the children between the ages of six and twelve of the workers in his plantation and within a distance of one mile from the place where workers reside in his plantation, or if under any other law is required to pay a cess or tax for primary education:

Provided further that subject to the provisions of sub-rule (1) of Rule 39, a group of employers may jointly provide and maintain a primary school, and share its expenses.

Rule - 39. Location of School.

(1)     Every school to be provided and maintained under Rule 38 shall be conveniently situated and within a distance of one mile from the workers' quarters.

(2)     The school building shall be constructed in accordance with the standard plan or plans which may be laid down by the State Government:

Provided that there is no standard plan or where it is proposed to deviate from a standard plan, the State Government's approval of the plan of the school building shall be obtained.

(3)     Where adequate space is available, an open air playground with suitable accessories shall also be provided for the children attending the school.

Rule - 40. Provision of educational equipment.

The employer or employers, as the case may be, shall provide for every primary school maintained under Rule 38 such educational and other equipments as may be considered necessary by the State Government.

Rule - 41. Number of Teachers.

(1)     The employer or employers concerned shall appoint one teacher for every forty children in the primary school.

(2)     The teacher shall possess the qualifications prescribed by the State Government for teachers in Government primary schools:

Provided that in the case of any person who is working as a school teacher in a plantation at the commencement of, these rules, the State Government may, subject to such conditions as it may specify, relax any of the qualifications.

Rule - 42. Curriculum.

The curriculum, duration, standard and syllabus of the course of instruction to be imparted in the primary school shall be such as may be approved by the State Government.

Rule - 43. Free education.

No fees shall be charged from the workers' children attending the primary school.

Rules prescribed under Section 16

Rule - 44. Housing accommodation for workers.

[18][Every employer shall provide for every worker and his family residing in a plantation, housing accommodation as near as possible to the place of work. It shall be open to an employer to provide such accommodation in the course of several years provided that houses shall be built for at least light per cent of the resident workers every year.

Rule - 45. Standard and specification of housing accommodation.

All housing accommodation for workers in a plantation shall conform to such standard and specifications as may be approved by the State Government [19][x x x x x]

Rule - 46. Sites for housing accommodation.

(1)     The housing accommodation shall be provided on dry well drained land which, consistent with the requirements regarding distance from the plantation, has supplies of wholesome drinking water within a reasonable distance. In malarial tracts, the houses shall be provided at a safe distance from the swamps and marshes and above the highest flood level.

(2)     Adequate lighting arrangements shall be provided in and around the area in which housing accommodation is provided.

(3)     The employer shall maintain in good condition the approach roads and paths to the area where houses are located as also the sewers and drains in that area.

(4)     The employer shall not deny to the public free access to those parts of the plantation where the workers are housed.

(5)     The employer shall cause the vicinity of all houses to be kept clear of refuse and excreta and the latrines and drains to be cleaned out daily and all refuse in or near them to be collected, removed and disposed of hygienically.

Rule - 47. Housing Scheme.

Within six months of the date of issue of these Rules, every employer shall submit to the Chief Inspector of Plantations for approval a scheme in regard to the provision by him of housing accommodation for workers. The scheme shall provide for the following matters:

(1)     Specification of the period during which housing accommodation is proposed to be provided in respect of all resident workers in a plantation, such period being not later than the period referred to in Rule 44.

(2)     The type design which is proposed to be adopted for the construction of houses, such design being in conformity with the standards and specifications as may be approved by the State Government under Rule 45.

(3)     Plan and site plan, in duplicate, of the buildings to be constructed or remodeled for use as workers' houses.

Rule - 48. Construction of houses in accordance with scheme and report in relation thereto.

All houses shall be built in accordance with the scheme as approved in writing by the Chief Inspector of Plantations. With a view to showing the progress made in providing houses according to the approved scheme, every employer shall submit to the Chief Inspector of Plantations a report in Form No. 4 on the [20][30th June and 31st December every year].

Rule - 49. Maintenance of houses.

(1)     The employer shall, at his own expense, execute such repairs to the houses as may be required from time to time and maintain the houses in fit and safe condition for occupation.

(2)     A worker occupying a house may, and an Inspector appointed under the Act shall, bring to the notice of the employer any defects in the condition of a house which make it dangerous to the health and safety of the worker. Where an Inspector so brings any such defects to notice it shall be the duty of the employer to rectify them with the least possible delay.

(3)     The employer shall get all the houses lime-washed at least once every year and all the doors, windows and other wooden structure varnished or painted once in three years. A record of dates on which lime-washing or painting was carried out shall be maintained in a register in Form No. 5.

Rule - 50. Accommodation to be rent-free.

No rent shall be charged by an employer for the housing accommodation provided to workers and their families residing in his plantation.

Rule - 51. Occupation of houses.

[21][(1) Houses shall be allotted on the basis of one house for a worker having a family for the use of the worker and his family:

Provided that if there are two or more workers in a family, only one house shall be allotted in respect of any such family in the name of any worker in the family:

Provided further that in the case of termination of services of a worker in whose name a house is allotted under the preceding proviso, the house shall be allotted in the name of any other member or his family who is a worker.

(1-A) The employer may allot houses to workers not having families at the rate of one house for not more than four such workers.]

(2)   The occupant of a house shall not make any unauthorised additions to or alterations in the house,

(3)   The occupant shall not exchange the house with the occupant of another house except with the written permission of the employer.

(4)   The occupant shall not let the house or any portion thereof to any person.

(5)   All workers and members of their families occupying the houses shall use the latrines provided and shall not pollute the soil and shall keep the houses and the precincts thereof clean and tidy and shall not waste drinking water.

(6)   No cattle or goats shall be kept in living rooms or verandahs and no windows or air spaces shall be blocked up.

(7)   The employer shall bring to the notice of each worker to whom housing accommodation has been provided, the conditions governing the occupation of such accommodation, in writing, in a language which the latter can understand.

Rule - 52. Occupation of accommodation after termination of employment.

[22][(1)] When a worker dies in the service of the employer, or retires, or goes on transfer, or resigns, or goes on leave or when his services are terminated, he or his family may retain the house up to the period as detailed below:

                           (i)            in the case of death, transfer or termination of service, a period not exceeding two months;

                          (ii)            in the case of retirement or resignation, a period not exceeding one month;

                         (iii)            in the case of leave, for the period of leave; and

[23][(iv) In the case where discharge or dismissal of a worker results in an Industrial Dispute, for so long as the case is not finally disposed of.]

[24][(2) If the Competent Authority is satisfied that a worker or any member of the family refused to vacate the house allotted to such worker after the expiry of the period specified in sub-rule (1) he may, notwithstanding anything contained in any other law for the time being in force, by notice served:

                           (i)            by post, or

                          (ii)            by affixing a copy of it on the outer door or some other conspicuous part of such house, or

                         (iii)            in such other manner as the State Government may specify:

require that such worker or a member of his family or any other person who may be in occupation of the whole or any part of the house, to vacate it within one month of the date of service of such notice.

(3)   In the event of the failure of the worker of a member of the family or any other person who is in occupation of the house to comply with the notice under sub-rule (2), the competent authority may by order evict such workers, member or other person from, and take possession of the house and may, for that purpose, use such force as may be necessary:

Provided that before taking such possession, a copy of the order of eviction shall be served on the worker or a member of the family or any other person in occupation of the said house.

Explanation. For the purposes of this Rule 'Competent Authority' means such person or authority as may be notified by the State Government in this behalf.]

Rule - 53. Facilities for harvesting standing crops on termination of employment.

In the case of termination of his employment, a worker shall, where possible, be given reasonable facilities to harvest the standing crops in his garden plot.

Advisory Board

Rule - 54. Constitution of Advisory Board.

[25][x x x x x]

Rule - 55. Composition of Advisory Board.

[x x x x x]

Rule - 56. Term of office of members.

[x x x x x]

Rule - 57. Travelling allowances for, members.

[x x x x x]

Rule - 58. Resignation.

[x x x x x]

Rule - 59. Vacation of office.

[x x x x x]

Rule - 60. Disposal of business.

[x x x x x]

Rule - 61. Time and place of meetings.

[x x x x x]

Rule - 62. Notice of meetings.

[x x x x x]

Rule - 63. Presiding at meetings.

[x x x x x]

Rule - 64. Quorum.

[x x x x x]

Rule - 65. Decision by majority.

[x x x x x]

Rule - 66. Minutes of meetings.

[x x x x x]

Rule - 67. Powers and functions of the Advisory Board.

[x x x x x.]

Rule - 68. Removal of difficulties.

If there is any difficulty in the working of [26][Rules 44 to 53], the State Government may issue such instructions as it may consider necessary to remove the difficulty.

Rule prescribed under Section 17

Rule - 69. Facilities for protection from weather.

Every employer shall supply to every worker free of cost, at specified interval or intervals, such materials for protection from rain or cold as may be notified by the State Government.

CHAPTER IV-A [27][ACCIDENTS AND COMPENSATION

Rule - 69A. Qualification of Commissioner.

No person shall be appointed as Commissioner under Section 16-B unless he holds or has held the office of the Commissioner under the Workmen's Compensation Act, 1923.

Rule - 69B. Application for payment of compensation.

Every application for payment of compensation under sub-section (1) of Section 16-C shall be in Form 5-A.

Rule - 69C. Procedure of Commissioner.

The provisions of the Workmen's Compensation Act, 1923 (Central Act 13 of 1923), and the rules made thereunder by the Government of Karnataka, applicable in respect of the procedure to be followed by the Commissioner in the disposal of cases under that Act and by the parties in such cases shall apply, mutatis mutandis, to the inquiry and determination of claims by the Commissioner under this Act to the extent such provisions are not inconsistent with the provisions of this Act and the rules made thereunder.

Rule - 69D. Recovery of compensation.

The compensation payable under this Act may be recovered as arrear of land revenue.]

CHAPTER V HOURS AND LIMITATION OF EMPLOYMENT

Rule prescribed under Section 20

Rule - 70. Weekly holidays.

(1)     Unless otherwise permitted by the State Government no worker shall be required or permitted to work on any plantation on a Sunday, except when he has had or will have a day of rest on one of the three days immediately preceding or succeeding that Sunday:

Provided that the weekly holiday may be substituted by another day:

Provided further that every worker shall be free to work on a day of rest, which is not a closed holiday, but in so doing he shall not work for more than ten days consecutively without having holiday for full one day.

(2)     Every worker shall be paid for work on the day of rest at the overtime rate prevailing in a particular area as fixed under the Minimum Wages Act, 1948, and where there is no such rate, at double the ordinary rate.

Rule prescribed under Section 23

Rule - 71. Notice of period of work.

(1)     The notice prescribed in Section 23 shall be in Form No. 6.

(2)     It shall be written in English and in a language understood by the majority of workers in the plantation, shall be displayed at some conspicuous and convenient place and shall be maintained in a clean and legible condition.

(3)     Any modification in the periods of work in the plantation which may necessitate a change in the aforesaid notice shall be intimated to the Inspector in duplicate, along with a copy of the original notice, either before the change is made or within three days of making any such change.

CHAPTER VI SICKNESS AND MATERNITY BENEFITS

Rules prescribed under Section 32

Rule - 72. Payment of Sickness allowance.

(1)     Every worker shall be entitled to obtain sickness allowances from his employer for each day of certified sickness for a total period of 14 days in a year at the rate of two-thirds of his daily wages or of the average daily earnings if he is employed on piece wages, subject to a [28][minimum of one rupee] [29][in the case of adult workers and sixty paise in the case of adolescent and child workers] per day:

Provided that the worker shall not be entitled to the allowance for an initial waiting period of two days except in the case of a spell of sickness following, at an interval of not more than fifteen days, the spell of sickness for which sickness allowance was last paid.

(2)     Sickness allowances specified in sub-rule (1) shall be paid at the option of the worker either at the time of payment of weekly advances on account of wages or along with the first instalment of wages payable to the workers after he resumes his work on recovery from certified sickness.

(3)     The certificate of sickness shall be issued in Form No. 7 (to be supplied by the employer free of cost) by the certifying surgeon or a resident medical officer appointed by the employer or any other qualified medical practitioner to every worker entitled to obtain sickness allowance, on a request being made by such worker in this behalf. Every employer shall pay to a worker sickness allowance due to him on presentation of such certificate in accordance with the provisions of sub-rule (2) above. If a worker has to pay any fee for obtaining the sickness certificate, the employer shall bear the cost.

(4)     No sickness allowance shall be paid to a worker if he attends to work on any day for which he has been granted sickness allowance.

Rule - 72A. Accumulation of sick leave.

[30][(1) Notwithstanding anything contained in Rule 72, where in any year, a worker does not take the whole of the leave allowed to him under sub-rule (1) of that rule, he shall be entitled to add the leave not taken in that year to the leave to be allowed to him in the succeeding year:

Provided that the number of days of leave that may be carried forward to a succeeding year shall not in any case exceed 30 days.

(2)   In addition to the leave to which a worker is entitled under sub-rule (1) of Rule 72 and sub-rule (1) of this Rule, a worker may in the event of certified sickness, prefix or suffix to such leave the balance, if any, of the annual leave with wages standing to his credit under Section 30 of the Act:

Provided that leave under this sub-rule shall be allowed only in genuine cases of serious or chronic illness or for prolonged periods of convalescence on the basis of a certificate in Form 7.

                                           (i)          from the chief medical officer or medical officer of a plantation, or

                                          (ii)          if the worker is on leave from the plantation on the basis of a certificate from any Government Doctor, from a person not below the rank of an Assistant Surgeon.

(3)   Sickness allowance at the rate laid down in Rule 72 shall be payable for the days of leave availed of under sub-rule (1).]

Rule - 73. Payment of Maternity allowance.

(1)     Subject to the provisions of these rules but without prejudice to her right if any, to free medical facilities existing in a plantation, every woman employed in a plantation shall be entitled to obtain from her employer a maternity allowance for a period of four weeks immediately preceding the expected day of her delivery and for a period of eight weeks immediately following the day of her delivery:

Provided that a woman shall not be entitled to obtain such maternity allowance unless she has worked in the plantation or plantations of the employer from whom she claims such allowance for not less than one hundred and fifty days in the twelve months immediately preceding the expected day of her delivery:

Provided further that the period of 150 days may either by continuous or interrupted by a period or periods of absence on account of authorised leave.

(2)     A woman shall not be entitled to obtain maternity allowance if she has not

(a)      permitted herself to be medically examined for the purpose of certifying pregnancy or expected confinement by a certifying surgeon or a qualified resident medical officer with the assistance of a nurse, if the Surgeon/Medical Officer is a male or a qualified lady medical practitioner, or

(b)      during the period which extends from the commencement of the four weeks immediately preceding the expected day of her delivery to the day of her delivery and during the period of eight weeks immediately following the day of her delivery attended, or permitted herself to be treated in, a hospital by a qualified medical practitioner or under the supervision of such medical practitioner by a nurse:

Provided that non-compliance by the woman with the provisions of this sub-rule shall not disentitle her to maternity allowance if a certifying surgeon or any other qualified medical practitioner certifies that in his opinion such non-compliance was due to premature delivery or to a bona fide miscalculation on the part of the woman as to the state of advancement of her pregnancy.

Rule - 74. Prohibition of employment of women during certain period.

(1)     No employer shall knowingly employ a woman in a plantation during the four weeks immediately preceding the expected day of her delivery and during the eight weeks immediately following the day of her delivery.

(2)     In case of miscarriage a woman shall, on production of a certificate signed by the certifying surgeon or any other qualified medical practitioner or such other proof of miscarriage as may be accepted by her employer, be entitled to two weeks' leave from the day of her miscarriage with pay as under the rules.

(3)     During the period of pregnancy a woman shall not be employed on work which is arduous or which requires long hours of standing at one place or which may in any way interfere with her pregnancy and is likely to cause miscarriage or adversely affect her health and interfere with the normal development of foetus.

Rule - 75. Procedure regarding payment of maternity allowance.

(1)     (a) A woman who claims or intends to claim maternity allowance shall on any day give notice in Form No. 8 to the employer that she expects to be confined within one month next following and may nominate therein a person for purposes of sub-rule (2) of Rule 17;

(b) Where no such notice has been given and the woman has been delivered of a child, she shall within seven days of the delivery give notice in Form No. 9 that she has given birth to a child:

Provided that non-compliance of the procedure laid down in the sub-rule shall not disentitle a woman to maternity allowance if she is found to be illiterate.

(2)     When such notice as is referred to in clause (a) or clause (b) of sub-rule (1) is received, the employer shall permit the woman to absent herself from work in the plantation on and from the day following that on which such notice is received until the expiration of eight weeks after the day of her" delivery.

Rule - 76. Payment of maternity allowance.

(1)     Where a woman entitled to obtain maternity allowance has given notice referred to in clause (a) of sub-rule (1) of Rule 75 and has obtained permission to absent herself from the work, the employer shall pay her maternity allowance for twelve weeks at the rate of rupees five and paise twenty-five per week in twelve equal weekly instalments and the payment of the first instalment shall be made within three days of the receipt of the notice:

Provided that an employer before making any payment may require the woman to whom such payment is to be made to produce a certificate in Form No. 10 given by a certifying surgeon or a qualified resident medical officer or any other qualified medical practitioner as to the expected day of her delivery.

(2)     Where a woman entitled to maternity allowance has given notice referred to in clause (b) of sub-rule (1) of Rule 75 the employer shall pay her maternity allowance for eight weeks at the rate of rupees five and paise twenty-five per week in eight equal weekly instalments and the payment of the first instalment shall be made within three days of the receipt of the notice:

Provided that an employer before making any payment may require the woman to whom such payment is to be made to produce a certified extract from a birth register or a certificate signed or countersigned by a certifying surgeon or a qualified resident medical officer or any other qualified medical practitioner.

Rule - 77. Payment of maternity allowance in case of a woman's death.

(1)     If a woman entitled to obtain maternity allowance dies before being delivered of a child the employer shall be liable only for the payment of maternity allowance due in respect of the four weeks immediately preceding the expected day of her delivery.

(2)     If a woman entitled to maternity allowance dies on the day of her delivery or during the period of eight weeks immediately following that day the liability of the employer shall not by reason of her death be discharged and he shall pay the amount of the maternity allowance, if the newly born child survives her, to the person who undertakes the care of the child and if the child does not survive her, to the person nominated by her under sub-rule (1) of Rule 75 or if she has made no nomination to her next of kin as determined by the employer subject to the Inspector's approval.

(3)     The fact that a woman is dead shall be proved by the production either of a certificate to that effect from a certifying surgeon or any other qualified medical practitioner or of a certified copy of an extract from a death register maintained Under the provisions of any law.

Rule - 78. Prohibition of dismissal during or on account of absence from work owing to confinement.

(1)     When a woman absents herself from work in accordance with the provisions of these Rules it shall not be lawful for her employer to give her notice of dismissal during such absence or on such a day that the notice will expire during such absence.

(2)     The dismissal of a woman at any time within six months before she is delivered of a child, if the woman but for such dismissal would have been entitled to obtain maternity allowance under these Rules, shall not have the effect of depriving her of the maternity allowance if the Chief Inspector is satisfied that her dismissal was without cause.

(3)     If the confinement involves illness incapacitating a woman for work, the employer shall not be entitled to dismiss her or give her notice of dismissal, if she fails to return to duty on the expiry of eight weeks after the date of delivery without getting the approval of a certifying surgeon who may increase the period of absence if he considers fit

Rule - 79. Muster-roll.

(1)     Every employer in a plantation in which women are employed shall prepare and maintain a muster-roll in Form No. 11 and shall enter all particulars specified in the Form in respect of all women employed in the plantation from whom notice of confinement is received:

Provided that where a register is maintained under a State Maternity Benefit Act, which covers ail the provisions of Form No. 11, that register may be deemed sufficient for the purpose of this sub-rule.

(2)     All entries in the muster-roll shall be made in ink and maintained and it shall be made available for inspection at any time during the working hours.

Rule - 80. Free copies-Forms 8 and 9.

Every employer shall supply to a woman at her request free of cost copies of Form Nos. 8 and 9.

Rule - 81. Preservation of Records.

Records relating to payment of maternity benefit under these Rules shall be preserved for two years from the date of preparation.

Rule - 81A. Reporting of accidents.

[31][(1) Wherein any plantation, an accident of the nature specified in Section 32-A or an accident which causes total or partial disablement or disfigurement occurs, the employer thereof shall forthwith send notice thereof by a special messenger or through telephone or telegram to the Inspector or Additional Inspector in whose jurisdiction the accident has occurred:

Provided that, if the accident is fatal or is likely to prove fatal, notice as aforesaid shall also be sent to the Chief Inspector and the officer-in-charge of the nearest police station:

Provided further that an oral or telegraphic message will invariably be followed by a notice in writing in Form 11-A to be despatched by registered post at least on the day next following the date of the accident.

(2) A register of accidents shall be maintained in Form 11-B.]

CHAPTER VII MISCELLANEOUS

Rules prescribed under sub-section 2(e) of Section 43

Rule - 82. Appeals.

(1)     An appeal against the orders of an Inspector shall lie to the Chief Inspector and against the orders of the Chief Inspector to the State Government or to such authority as the State Government may appoint in this behalf. The appellate authority after giving both parties an opportunity of being heard shall either reject the application or decide in any manner it deems fit.

(2)     All appeals under sub-rule (1) shall be in the form of a memorandum setting forth concisely the grounds of objections to the order and shall be accompanied by a certified copy of the order appealed against, duly signed by the appellant, or, on his behalf, by a duly authorised agent or legal practitioner. An appeal shall be considered valid only if submitted within two months from the date of the order appealed against.

(3)     On receipt of the memorandum of appeal, the appellate authority shall, if it thinks fit, appoint an assessor within two weeks to assist in the disposal of the appeal. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector, or Chief Inspector, as the case may be, whose order is appealed against.

Rules prescribed under sub-section (2)(j) of Section 43

Rule - 83. Registers.

(1)     Every employer shall maintain

(a)      registers of adult and non-adult workers in Form Nos. 12 and 13 respectively, and

(b)      a register in Form No. 14 hereinafter called the Leave with Wages Register which shall be preserved for a period of three years after the last entry in it:

Provided that if the Inspector or the Chief Inspector is of the opinion that any muster-roll or register maintained by the employer gives the required particulars in respect of any or all workers in the plantation, he may by order in writing direct that such muster-roll or register shall, to the corresponding extent, Be maintained in the place of and be treated as the register required under this sub-rule in respect of that plantation.

(2)     (a) Every employer shall provide a plantation worker with a book in Form No. 15 (hereinafter called the Leave Book). The Leave Book shall be the property of the worker and the employer or his agent shall not demand it except to make necessary entries, and shall not keep it for more than a week at a time.

(b) If a worker loses his Leave Book, the employer shall provide him with another copy on the payment of six paise.

(3)     Every employer shall maintain a bound Inspection Book and shall produce it when required by the Inspector or certifying surgeon.

Rule - 84. Returns.

(1)     Every employer shall furnish to the Inspector and the Chief Inspector on or before the 31st January of every year an annual return in duplicate in Form No. 16.

(2)     Every employer shall furnish to the Inspector and the Chief Inspector not later than the 15th February of the year subsequent to that to which it relates, returns in Form Nos. 17, 18, 19, 20 and 21.

[32][(3) Every employer shall furnish to the Inspector and the Chief Inspector by the 31st January and 31st July every year a half-yearly progress report in duplicate, in regard to provision of the medical facilities in Form No. 22.]

[33][(4) Every employer shall keep up-to-date the registers and other records required to be maintained by him under this Rule by making entries relating to any day that day itself in such registers and records.]

Rule - 85. Repeal and Savings.

[34][The Coorg Plantation Labour Rules; (2) the Madras Plantation Labour Rules and all other rules made under Section 43, in force in any area of the State of Mysore other than the Mysore area are hereby repealed:

Provided that the provisions of Section 6 of the General Clauses Act, 1897 (Central Act X of 1897) shall be applicable, as regards the effect of such repeal:

Provided further that anything done or any action taken under any of repealed rules shall be deemed to have been done or taken under the corresponding provisions of these rules.]

 

FORM 1-A

[35][[Prescribed under sub-rule (1) of Rule 2-A]

Application for registration and grant of renewal of certificate of registration

Dated ........................

Signature of the employer

(This form should be completed in ink in block letters or typed).

 

FORM 1-B

[36][Prescribed under sub-rule (2) of Rule 2-A]

Register of plantation

Signature of the Registering Authority.

 

FORM 1-C

[37][Prescribed under sub-rule (3) of Rule 2-A]

Certificate of registration to a plantation

Registration No. ............................ Fees Rs. ...........................

Certificate of Registration under Section 3-B of the Plantation Labour Act, 1951, and rule framed thereunder, is hereby granted to the plantation, viz., .................................................. having ................................. hectare(s) and employing ....................................workers.

Dated:

Signature of the Registering

Officer with seal.

 

FORM 1-D

[38][Prescribed under sub-rule (4) of Rule 2-A]

Change or amendment

 

FORM 1-E]

[39][[Prescribed under sub-rule (2) of Rule 5]

Certificate of Fitness

I certify that I have personally examined

(name)........... son/daughter of.....residing at.............. ...................................and that his/her age, as nearly as can be ascertained from my examination, is.......years, and that he/she is fit for employment in plantation as adolescent/child.

Note: Exact details of cause of physical disability should be clearly stated.

 

FORM 2

[Prescribed under sub-rule (3) of Rule 5]

Register showing the fees paid to the certifying surgeon for the issue of Duplicate Certificates

Paid into Treasury at…....on (date)…..

Signature of the Certifying Surgeon.

 

FORM 3

[Prescribed under sub-rule (5) of Rule 51

Certifying surgeon's Visit Note

Visit to (plantation).....on date . ... 19 ....

Name of the certifying surgeon

Examination and Certificates

(A)     Children,

(1)     Original examination ............................................................................................ Number examined.................................................................Number granted certificates...........................

(2)     Re-examination of those holding certificates ............................................. Number examined........................................................Number of certificates cancelled............................................Reason for cancellation in each case (i.e., general nature of unfitness)........................................

(B)     Adolescent.

(1)     Original examination.....Number examined.....Number granted certificates.............

(2)     Re-examination of those holding certificates ....................... Number examined ........................ Number of certificates cancelled ..................... Reason for cancellation in each case (i.e., general nature of unfitness)

Signed..............................................

certifying surgeon.

N.B. Names of young persons who have been granted certificates and of those whose certificates have been cancelled shall be given in an Appendix to this Form

 

FORM 3-A

[40][[Prescribed under sub-rule (2) of Rule 27]

Provision of Medical Facilities

Return for the half year ending the 30-6-19.../31-12-19.......

(1)     Number of Plantations. :..........................................

(2)     Total number of workers employed in 1

above. :............................................

(3)     Particulars of medical facilities provided. :............................................

Figures for 700 workers

(5)     Number of estates that have partially provided medical facilities as prescribed in rules.

(6)     Number of estates that have not provided medical facilities as prescribed in the rules. :............................................]

 

FORM 4

[Prescribed tinder Rule 48]

[41][Half Yearly Progress Report for the period from 1st January 19......to 30th June 19......./18th July 19.....to 31st December 19.....]

 

FORM 5

[Prescribed under sub-rule (3) of Rule 49]

Record of Lime-washing, Painting, etc

Signature of Employer.

 

FORM 5-A

[42][[Prescribed under Rule 69-B]

Application for compensation

To

The Commissioner for Compensation under Plantation Labour Act .................... 

residing at........................................................ 

Applicant.

VS.

...............................................

residing at.......................................................

Opposite party.

It is hereby submitted that:

(1)     The applicant has been in receipt of payment from.............................to ............................................ in respect of injury or death caused as a result of the collapse of the house.

(2)     The applicant desires that the right to receive half-monthly payments should be redeemed.

(3)     (a) the opposite party is unwilling to agree to the redemption of the right to receive half-monthly payments.

(b) the parties have been unable to agree regarding the sum for which the right to receive half-monthly payment should be redeemed.

(4)     You are, therefore, requested to pass orders:

(a)      directing that the right to receive half-monthly payments should be redeemed.

(b)      fixing a sum for the redemption of the right to receive half-monthly payments.

(5)     The deceased before his death received as compensation the total sum of Rs. ...............................................

(6)     The applicants) is/are accordingly entitled to receive a lump sum payment of.......................................................

(7)     The applicants) has/have requested the opposite party to deposit compensation and the latter has re fused/omitted to do so.

*You are, therefore, requested to determine the following questions, in dispute, viz.,

(a)      Whether the deceased was a workman within the meaning of the Act?

(b)      Whether the accident arose out of the collapse of the house?

(c)      Whether the amount of compensation claimed is due or any part of the amount?

(d)      Whether the opposite party is liable to pay such compensation as is due?

(e)      Whether the applicant (s) is/are depend ant (s) of the deceased/injured?

(f)       How the compensation when deposited should be distributed?

(g)      etc..................................................................(as required).

 

FORM 6

[Prescribed under sub-rule (1) of Rule 71]

Notice of Period of work

Name of Plantation.........................Place...........

District.......................

Instructions to be followed in filling in the notice of period of work.

                           (i)            Divide all workers into groups according to the nature and periods of their work and classify 'Groups' as A, B, C, D, etc.,

                          (ii)            If workers in a particular group do not work during the same periods on all working days of the week, the periods should be shown separately for different days or sets of days during the week.

 

FORM 7

[Prescribed under sub-rule (3) of Rule 72]

Certificate of Sickness

This is to certify that I have examined.......son/daughter/wife of........ employed in.....plantation at.......in the district of.......on.......and found him/her suffering from..................I recommend............. ...........days absence from work and payment of the corresponding sickness allowance.

Signature, qualification and designation 

of Medical Practitioner.

 

FORM 8

[Prescribed under sub-rule (1)(a) of Rule 75]

(1)     .......................wife/daughter of....................employed in group No.................of....................plantation.......... ..........hereby give notice that I except to be confined within one month next following from the date of this notice and that I will absent myself from the plantation with effect from.................

(2)     For the purpose of rule............. I hereby nominate.........(name and full address of the nominee) to receive maternity benefit due to me in ease of my death.

Given this date.......................

Signature/Thumb-impression.

Signature of attestor in ease the woman

affixes thumb impression

Address..............

.........................

To

The Employer,

................(name of plantation and full address).

 

FORM 9

[Prescribed under sub-rule (1)(b) of Rule 75]

(1)     .......wife/daughter of.......employed in Group No.....of..... plantation, hereby give notice that I gave birth to a child on the.....19........

(2)     For the purpose of rule.........I hereby nominate ..... (name and full address of nominee) to receive maternity benefit due to me in case of my death.

Given this day......................

Signature/Thumb-impression.

Signature of attestor in case the woman affixes thumb impression.

Address...............

To

The Employer

..............(name of plantation and full address).

 

FORM 10

[Prescribed under sub-rule (1) of Rule 76]

This is to certify that I examined….............wife/daughter of….... …............employed in…................plantation at…....... …......in the district of…...............on…..................and found*/cannot discover that she is pregnant and is expected to be delivered of a child within…................months and/or….................... ….......days from (he above mentioned date.

Signature, qualification and designation 

of medical practitioner or midwife.

* Strike out when not applicable.

 

FORM 11

[Prescribed under sub-rule (1) of Rule 79]

Muster-roll …....................................

Name of plantation…...........Address…............

 

 

 

 

FORM 11-A

[43][[Prescribed under sub-rule (1) of Rule 81-A]

Notice of accident

I certify that to the best of my knowledge and belief the above particulars are correct in every respect.

Signature of employer/manager.

Date of despatch of the report.

 

FORM 11-B

[Prescribed under sub-rule (2) of Rule 81-A]

Register of accidents in case of collapse of house in plantation

 

FORM 12

[Prescribed under sub-rub (1)(a) of Rule 83]

Register of Adult Workers

 

 

FORM 13

[Prescribed wider sub-rule (1)(a) of Rule 83]

Register of non-adult workers

 

FORM 14

[Prescribed under sub-rule (1)(b) of Rule 83]

Register of leave with wages

Sl. No. in the Register of adult/non-adult workers...............................................

Father's/Husband's name............................................................................Date of entry into service......................................................................................

Address.............................................................................................

 

 

FORM 15

[Prescribed under sub-rule (2) of Rule 83]

Leave Book

 

 

Note. The Leave Book shall be made out separately for each worker on thick bound sheets.

 

FORM 16

[Prescribed under sub-rule (1) of Rule 84]

Annual return for the year ending the 31st December, 19 ..

(To be furnished to the Inspector and Chief Inspector by the 31st January)

(1)     Name of plantation...........................................................................................

(2)     Name of employer...........................................................................................

(3)     District...............................................................................................................

(4)     Postal address....................................................................................................

(5)     Average number of workers employed daily*

                           (i)            Men.......................................................................................................

                          (ii)            Women...................................................................................................

                         (iii)            Adolescents............................................................................................

(a)      Male..............................................................................................

(b)      Female............................................................................................

(6)     Normal hours worked per week,

                           (i)            Adults.....................................................................................................

                          (ii)            Adolescents..............................................................................................

                         (iii)            Children....................................................................................................

(7)     Number of days worked in the year.............................................................

(8)     What rest intervals were given to **

                           (i)            Adults....................................................................................................

                          (ii)            Adolescents...........................................................................................

                         (iii)            Children.................................................................................................

(9)     Were week days sometimes substituted for Sunday as weekly holidays ????????????????????.

(10)   Total number of workers discharged during the year for which this return is made..........................................................................................................

Certified that the information furnished above is to the best of my knowledge and belief, correct.

Signature of employer.

* The average daily number should be calculated by dividing the aggregate number of attendance on working days by the number of working days in the year. In reckoning attendances, attendance by temporary as well as permanent workers should be counted and all workers should be included, whether they are employed directly or under contractors. Days on which the plantation was closed, for whatever cause, should not be treated working days.

**Entry "one hour", "two half-hour", "one half-hour" or "None" as the case may be. If none of these categories apply to the adult workers enter the category applicable to the majority of adult workers. Where the majority received an interval exceeding one hour, enter "one hour".

Note. Where possible separate figures should be shown in respect of clerical and supervisory staff and other workers.

 

FORM 17

(Prescribed under sub-rule (2) of Rule 841

Leave with wages

Annual Return for the year ending 31st December, 19

(To be furnished to the Inspector and Chief Inspector by the 15th February)

(1)     Name of plantation.....................................................................................

(2)     Name of employer........................................................................................

(3)     District.............................................................................................................

(4)     Postal address............................................................................................

(5)     Total number of persons employed during the year..............................

(a)      Men........................................................................................................

(b)      Women................................................................................................

(c)      Young persons.....................................................................................

Adolescents........................................................................................

Children...............................................................................................

(6)     Number of persons who were granted leave during the year.

Men .........................................................

Women................................................................ .....

Adolescents.................................................................

Children...................................................................

(7)     Number of workers of whom the leave allowed amounted to thirty days:

Men.........................................................................

Women...........................................................................

Adolescents....................................................................

Children................................................................

Certified that the information furnished above is, to the best of my knowledge and belief, correct.

Signature of employer.

Note: Where possible separate figures should be shown in respect of clerical and supervisory staff and other workers.

 

FORM 18

[Prescribed under sub-rule (2) of Rule 84]

Annual Return (Creches) (Year ending the 31st December, 19 ...)

(To be furnished to the Inspector and Chief Inspector by the 15th February).

(1)     Name of the Plantation: ..................................

(2)     Name of women workers normally employed: ..................................

(3)     Area of the Plantation ..................................

(4)     Number of creches ..................................

(5)     Number of children admitted in each creche ..................................

(6)     Average daily attendance of children at each creche ..................................

                           (i)            Two years and below

                          (ii)            Above two years

(7)     Facilities provided in each creche,

                           (i)            Milk ..................................

                          (ii)            Food ..................................

                         (iii)            Clothes ..................................

                        (iv)            Toys ..................................

                          (v)            Medical aid ..................................

                        (vi)            Others ..................................

(8)     Strength of staff employed in each creche

                           (i)            Doctors.....................................................................

(a)      Males..............................................................

(b)      Females ..................................

                          (ii)            Nurses.......................................................................

                         (iii)            Ayahs or inferior attendants.................................

                        (iv)            Sweepers...................................................................

(9)     Remarks

Certified that the information furnished above is, to the best of my knowledge and belief, correct.

Date ??????????.

Signature of employer.

 

FORM 19

[Prescribed under sub-rule (2) of Rule 84] Annual Return (Canteens)

Year ending the 31st December, 19.......

(To be furnished to the Inspector and Chief Inspector by the 15th February)

Name of the Plantation............................

Area of Plantation................................

 

Certified that the information furnished above is, to the best of my knowledge and belief, correct.

Signature of employer.

 

FORM 20

[Prescribed under sub-rule (2) of Rule 84]

Annual Return (Maternity Benefit)

For the year ending the 31st December, 19.......

(To be furnished to the Inspector and Chief Inspector by the 15th February.)

Name of the Plantation.................

 

 

N.B. Full particulars of each case and reason for action taken under heading (5), (8), (9) and (10) should be given.

Note. Where possible separate figures should be shown in respect of clerical and supervisory staff and other workers.

 

FORM 21

[Prescribed under sub-rule (2) of Rule 84]

Annual Return (Sickness benefit)

For the year ending the 31st December, 19....

(To be furnished to the Inspector and Chief Inspector by the 15th February.)

Name of the Plantation.........

Signature of employer.

Note. Where possible, separate figures should be shown in respect of clerical and supervisory staff and other workers.

 

FORM 22

[Prescribed under sub-rule (3) of Rule 84]

Provision of Medical facilities

Return for the period ending the 30th June 19 ... or 31 December, 19 ...

(To be furnished to the Inspector and the Chief Inspector by the 31st July/31st January)

(1)     Name of Plantation

(2)     Total population

(3)     Average number of workers employed daily

(4)     Garden Hospital/dispensary

(5)     Number of first-aid boxes or cupboards maintained, if any

(6)     Steps taken or proposed to be taken, if any, to bring the medical facilities available in the plantation at par with those prescribed in Rules. State with special reference to the various stages of the approved scheme for provisions of medical facilities.

(7)     Number of patients recommended for treatment at the Group Hospital and arrangements made for their treatment if no Group Hospital has been established.

Signature of the employer.

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PLANTATIONS (KARNATAKA) LABOUR RULES, 1956

 

PREAMBLE

In exercise of the powers conferred by Section 43 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951), the Government of Karnataka is pleased to make the following rules, the same having been previously published in Notification No. LS. 1328L.W. 158-543, dated 9th May, 1955, as required by the Said section.

CHAPTER I PRELIMINARY

Rule - 1. Short title, extent and commencement.

(1)     These Rules may be called the Plantations (Karnataka) labour Rules, 1956.

[1][(2) It extends to the whole of the State of Karnataka.]

(3)   These Rules, except Rule 23 and Rules 38 to 50 inclusive shall come into force at once. Rule 23 and Rules 38 to 50 inclusive shall come into force in respect of any plantation or group of plantations on such date or dates as the State Government may, by notification in the Official Gazette, appoint.

Rule - 2. Definitions.

In these Rules unless there is anything repugnant in the subject or context:

(a)      "Act" means the Plantations Labour Act, 1951;

(b)      "Form" means a form appended to these Rules;

(c)      "Health Officer" means the Municipal Health Officer or such other official as may be appointed by the State Government in that behalf;

(d)      "Inspector" means an officer appointed under Section 4 of the Act and includes "the Chief Inspector";

(e)      "Maintained" means maintained in an efficient state, in efficient working order and in good repair;

(f)       "Public Health Authority" means the local Health Officer having jurisdiction over the area;

(g)      "Section" means a section of the Act

CHAPTER I-A [2][REGISTRATION OF PLANTATIONS

Rule - 2A. Procedure for registration of plantations.

(1)     Every application for registration of a plantation, under Section 3-B shall be made in Form 1-A and shall be accompanied by a receipt from the Government Treasury for having paid the amount of fee specified in the table below;

 

TABLE

(2)     The registering officer shall maintain a register of plantations in Form 1-B and shall enter in it, particulars of every plantation separately.

(3)     The registering officer shall issue to the employer a certificate of registration in Form 1-C.

(4)     Intimation regarding the change that occurs in the ownership or management or in the extent of the area, or other particulars in respect of plantation, shall be given in Form 1-D.

(5)     The registering officer may, after holding such enquiry as he deems necessary, pass an order under sub-section (6) of Section 3-B.

Rule - 2B. Appellate Authority.

An appeal under sub-section (1) of Section 3-C shall lie to the Assistant Labour Commissioner (hereinafter in this Chapter referred to as the Appellate Authority) having jurisdiction over the area in which the plantation is situated.

Rule - 2C. Procedure for appeal.

(1)     Every appeal under-sub-section (1) of Section 3-C shall be preferred in the form of a memorandum signed by the appellant or his authorised agent and presented to the appellate authority in person or sent to it by registered post.

(2)     The memorandum shall be accompanied by a fee of rupees fifty and a copy of the order appealed against which shall be supplied to him free of cost by the registering officer.

(3)     The memorandum shall set-forth concisely and under distinct heads, the grounds of appeal against the order appealed from.

(4)     Where the memorandum of appeal does not comply with the provisions of sub-rules (1), (2) and (3) it may he rejected or returned to the appellant for the purpose of being complied within a time to be fixed by the appellate authority.

(5)     Where the appellate authority rejects the memorandum on ground of limitation, it shall record the reasons for such rejection and communicate the order to the appellant.

(6)     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 register of appeals kept for the purpose.

(7)     When the appeal has been admitted, the appellate authority shall send the notice of appeal to the registering officer, against whose order the appeal has been preferred and the registering officer shall send the records of the case to the appellate authority.

(8)     On receipt of the records, the appellate authority shall send a notice to the appellant as well as the registering officer to appear before it at such date and time as may be specified in the notice for the hearing of the appeal.

(9)     If on the date fixed for hearing, the appellant does not appear, the appellate authority may dismiss the appeal for default of appearance of the appellant unless the appellate authority chooses to consider to decide the appeal ex parte on merits.

(10)   Where an appeal has been dismissed under sub-rule (9), the appellant may, within thirty days from the date of such dismissal, apply to the appellate authority for re-admission of the appeal. Where it is proved that he was prevented by sufficient causes from appearing when the appeal was called on for hearing, the appellate authority shall restore the appeal.

(11)   If the appellant is present when the appeal is called on for hearing, the appellate authority shall hear the appellant or his authorised agent and any other person summoned by it for this purpose, and pronounce its order on the appeal either confirming, reversing or varying the order appealed from.

(12)   The order of the appellate authority shall state the points for determination, the decisions thereon and the reasons for the decisions.

(13)   The order shall be communicated to the appellant and a copy thereof shall be sent to the registering officer against whose order the appeal has been preferred.].

CHAPTER II THE INSPECTING STAFF

[3][Rules prescribed under Sections 4 and 5]

Rule - 3. Qualifications of Inspectors.

[4][No person shall be appointed as Inspector unless he:

(a)      holds or has held the office of an Inspector under the.

                                           (i)              Factories Act 1948; or

                                          (ii)              Payment of Wages Act, 1936; or

                                         (iii)              Minimum Wages Act, 1948; or

                                        (iv)              Plantations Labour Act, 1951; or

                                          (v)              Mysore Shops and Commercial Establishments Act, 1961.

OR

(b)      holds or has held the office of.

                                           (i)            the Commissioner of Labour; or

                                          (ii)            the Deputy Labour Commissioner; or

                                         (iii)            the Assistant Labour Commissioner; or

                                        (iv)            Labour Officer; or

[5][(iv) (a) Senior Labour Inspector; or]

                                          (v)            Labour Inspector; or

(c)      has worked for not less than two years as a Labour or Welfare Officer in any Industrial Establishment or Government Department.]

Rule - 3A. Qualification of Chief Inspector.

[6][[7][An officer of the State Government not below the rank of a Commissioner of Labour shall be qualified to be appointed as Chief Inspector under the Act.]

Rule - 3B. Powers and functions of Inspectors.

[8][An Inspector shall, for the purpose of giving effect to the provisions of the Act, have power to do all or any of the following things, that is to say

                           (i)            to photograph any non-adult worker; to inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any house, building or room, register or document maintained under the Act or anything provided for the purpose of securing the health or welfare of the workers employed in a plantation;

                          (ii)            to prosecute, conduct or defend before a court any complaint or other proceeding arising under the Act;

                         (iii)            to require an employer to supply or send any return or information relating to the provisions of the Act;

                        (iv)            to satisfy himself at each inspection that

(a)      the provisions of the Act and the rules regarding the health and welfare of workers employed in the plantation are observed;

(b)      the adolescents and children employed in the plantation have been granted certificates of fitness and that no adolescent or child is employed who is obviously unfit;

(c)      the prescribed registers are properly maintained;

(d)      the periods of rest and holidays provided by the Act are granted and that the limits of hours of work laid down therein are not exceeded;

(e)      the notice of period of work required under Section 23 of the Act is duly affixed;

(f)       leave with wages and sickness and maternity benefits are granted in accordance with the provisions of the Act and the Rules;

                          (v)            to note how far the defects pointed out at previous inspections have been removed and how far orders previously issued have been complied with; and

                        (vi)            to point out all such defects or irregularities as he may have observed and to give orders for their removal and to record and furnish to the employer a summary of the defects or irregularities and of his orders.

[9][(vii) to require an employer to produce or cause to be produced for the purpose of inspection, all registers, records or other documents maintained in pursuance of the Act or these rules at the office of the plantation:

Provided that if an employer fails to produce them or cause them to be produced in the office of the plantation when demanded by him, the Inspector may require such employer to produce or caused to be produced the said registers, records or other documents at his office or at such other place as may be specified by him whichever is nearer to the plantation.]

Rule - 4. Service on employer.

Every order passed under the Act and the Rules shall be served on the employer

(a)      by delivering a copy of it to him personally or at his office; or

(b)      by registered post.

Rules prescribed under Section 7

Rule - 5. Duties of certifying surgeons.

(1)     For purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the certifying surgeon shall fix a suitable time and place in consultation with the employer for the attendance of such persons, before the expiry of one month from the date of application, and shall give previous notice in writing thereof to the employers of the plantations situated within the local limits assigned to him.

(2)     Every certifying surgeon shall keep bound books containing certificates in Form No. 1 respectively in foil and counterfoil. In each book, the form shall be numbered consecutively and shall be printed on cloth backed or other durable paper. The foil and counterfoil shall be filled in and either the signature or the left thumb mark of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the person examined, the certifying surgeon shall sign the foil and initial the counterfoil and shall deliver the foil to him. The foil so delivered shall be the certificate of fitness granted under Section 27. All counterfoils in a book shall be preserved by the certifying surgeon for a period of at least two years after the issue of the last certificate in that book.

(3)     A person who loses a certificate of fitness which has been granted to him may apply to the certifying surgeon who granted it for a copy of the certificate and the said surgeon after making such enquiry from the employer of such person (or if such person is unemployed, from his last employer) and from such other sources, as he deems fit, may grant a duplicate of the lost certificate. The word "Duplicate" shall be clearly written in red ink across such duplicate certificate and initialled by the certifying surgeon. The counterfoil in the bound book of forms shall be similarly marked "Duplicate" and initialled. For every copy of a duplicate certificate granted, a fee of eight annas shall be charged from the person concerned which shall be credited to Government. The certifying surgeon shall maintain a register in Form No. 2 of all fees paid for the issue of duplicate certificates and shall initial each entry therein. No duplicate of a certificate shall be granted to any person otherwise than in accordance with the provisions of this sub-rule.

(4)     The certifying surgeon at his periodical visit shall satisfy himself as to the fitness of all the adolescents and children employed in the plantation and shall revoke the certificate of fitness of any whom he deems to be unfit.

(5)     The certifying surgeon shall hand over to the employer and Chief Inspector a note in Form No. 3 detailing the result of each visit to the plantation.

(6)     The certifying surgeon shall, upon request by the Chief Inspector, carry out such examination as he may indicate for any plantation or class of plantations where young persons are, or are to be, employed in any work which is likely to cause injury to their health.

(7)     The employer shall provide for the purpose of any medical examination which the certifying surgeons wishes to conduct at the plantation (for his exclusive use on such occasion) a room which shall be properly cleaned and adequately ventilated and furnished with a screen, a table (with writing materials) and chairs.

Rule - 6. Appeals against finding of certifying surgeon.

If a qualified medical practitioner employed in a Garden or Croup Hospital referred to in Chapter III is appointed to be a certifying surgeon, an appeal will lie against his finding to the District Medical Officer of the area in which the plantation is situated.

CHAPTER III HEALTH

Rules prescribed under Section 8

Rule - 7. Drinking water.

An adequate supply of wholesome drinking water shall be made available in every plantation at work sites at all times during working hours.

Rule - 8. Source of supply.

The water provided for drinking shall be supplied:

(a)      from the taps connected with a public water supply system, or

(b)      from any other source approved by the Chief Inspector of Plantations.

Rule - 9. Storage of water.

If drinking water is not supplied from taps connected with a public water supply system, it shall be kept in suitable vessels and renewed at least daily. All practicable steps shall be taken to preserve the water and vessels from contamination and to keep the vessels scrupulously clean.

Rule - 10. Cleanliness of well or reservoir.

(1)     Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility, of pollution by chemical or bacterial and extraneous impurities.

(2)     Where drinking water is supplied from such well or reservoir, the water in it shall be sterilised periodically as required by the Inspector by written order, and the date on which sterilising is carried out shall be recorded:

Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated before it is supplied for consumption.

Rule - 11. Report from the Health Officer.

The Inspector may, by order in writing, direct the employer to obtain, at such time or at such intervals as he may direct, a report from the Health Officer or the certifying surgeon, if the former is not available, as to the fitness for human consumption of the water supplied to workers, and in every case to submit to the Inspector a copy of such report as soon as it is received from the Health Officer.

Rule - 12. Distribution of water.

Drinking water shall be supplied at work sites at conveniently accessible points through paniwallahs or by tankers, etc.

Rules prescribed under Section 9

Rule - 13. Latrine accommodation.

(1)     Latrine accommodation shall be provided in every plantation on the scale of one latrine for every fifty acres of the area under cultivation or part thereof:

Provided that there shall be at least one latrine each for either sex.

(2)     The latrines shall be conveniently situated and shall have exclusive access for either sex.

Rule - 14. Latrines to conform to public health requirements.

The latrines should conform to public health requirements and latrines other than those connected with an efficient water-borne sewage system, shall comply with the requirements of the public health authorities.

Rule - 15. Privacy of latrines.

Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings.

Rule - 16. Sign boards to be displayed.

Where workers of both sexes are employed, there shall be displayed outside of each latrine or latrine block, a notice in Hindi and also in the language understood by the majority of workers "For Men Only" or "For Women Only", as the case may be. The notice shall also bear the figure of a man or of a woman, as the case may be.

Rule - 17. Water taps in latrines.

(1)     Where piped water supply is available, a sufficient number of water taps, conveniently accessible shall be provided in or near such latrine accommodation.

(2)     If piped water supply is not available, sufficient quantity of water shall be kept stored in suitable receptacles near the latrines.

Rule - 18. Urinal accommodation.

Urinal accommodation shall be provided on the scale of one urinal for every 50 acres of the area under cultivation or part thereof. The urinals shall be conveniently situated for both males and females and shall have exclusive access for either sex.

Rule - 19. Urinals to conform to public health requirements.

Urinals should conform to public health requirements. Urinals other than those connected with an efficient water-borne sewage system shall comply with the requirements of the public health authorities.

Rule - 20. Construction and maintenance of drains.

All drains carrying waste or sullage water shall be constructed in masonry or other impermeable materials and shall be regularly flushed and the effluent disposed of by connecting such drains with a suitable drainage line:

Provided that, where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Health Officer.

Medical Facilities

Rules prescribed under Section 10

Rule - 21. Types of hospitals.

There shall be two types of hospitals in plantations, viz., Garden Hospitals and Group Hospitals

                           (i)            Garden Hospitals will deal with out-patients, in-patients not requiring any elaborate diagnosis and treatment, infectious cases, midwifery, simple pre-natal and post-natal care, care of infants and children and periodical inspection of workers.

                          (ii)            Group Hospitals shall be capable of dealing efficiently with all types of cases normally encountered but will not be used for routine treatment Admission to Group Hospitals shall be only on the recommendation of a Garden Hospital doctor.

Rule - 22. Garden Hospitals.

(1)     Subject-to the provisions of sub-rules (2) and (3), every employer shall, by the 1st July, 1957, either,

(a)      provide a Garden Hospital in his plantation according to the standards laid down in these rules; or

(b)      have a lien on beds in such hospital in a neighbouring plantation or other hospital to the scale of 15 beds per 1,000 workers as may be approved by the Chief Inspector:

Provided that in the case of lien on hospital beds outside the plantation, a plantation or group of plantations may provide a dispensary with up to 5 detention beds under the immediate care and supervision of a qualified medical practitioner assisted by at least a full-time trained nurse and such other staff as the Chief Inspector may consider necessary, with corresponding reduction in the number of beds on which the plantation or group of plantations shall have a lien.

(2)     A plantation employing 1,000 or more workers shall run its own Garden Hospital wherever possible while plantations employing less than 1,000 workers which are situated within reasonable distances from one another may, with the approval of the Chief Inspector, combine and provide joint hospitals, dispensaries and share their expenses. For this purpose, the plantations concerned shall submit to the Chief Inspector particulars to the scale of staff proposed to be employed, the equipment proposed to be provided, the location of joint hospitals/dispensaries, areas of plantations served, the distances of plantations from one another, the number of workers employed and all other relevant information:

Provided that in the case of combined hospitals, plantations employing more than 200 workers shall, wherever possible, ran their own dispensaries referred to in the proviso to sub-rule (1).

(3)     In the plantations where a Garden Hospital/dispensary or a combined Garden Hospital/dispensary provided under sub-rule (1) is not situated, the employer shall also provide and maintain so as to be readily available during all hours at least one first-aid box or cupboard equipped with such contents as may be specified by the Chief Inspector. The first-aid box or cupboard shall be kept in-charge of a responsible person trained in first-aid treatment whose services shall be readily available during all hours to render first-aid.

(4)     Notwithstanding anything contained in sub-rules (1) to (3) small and inaccessible plantations employing 350 or less workers so situated as not to be within reasonable distance or reach of a Garden Hospital shall have, subject to the approval of the Chief Inspector, dispensaries with up to 5 detention beds under the immediate care of a full-time qualified compounder, but supervised and visited daily at regular hours by the nearest Garden Doctor.

(5)     Each Garden Hospital shall be under a qualified medical practitioner assisted by at least one trained nurse, one trained midwife, a qualified compounder and a trained health assistant. The services of the staff shall be readily available during all hours:

Provided that doctors employed in plantations at the commencement of these rules who are not qualified medical practitioners, may continue in service until they retire.

(6)     Medical and auxiliary personnel shall be appointed according to the following scale:

Qualified medical practitioner/number of workers not less than....................................1/1,750

Midwives/number of workers not less than.................1/1,750

Nursing attendants (male or female)/number of workers not less than..............................1/700

Compounder/number of workers not less than...............1/1,750

Health assistants/number of workers not less than............. 1/2,100

Note: Where more than one medical practitioner is appointed, at least one shall be a lady doctor.

(7)     (a) A minimum of 15 beds shall be provided in every Garden Hospital per 1,000 workers served and each bed shall be allowed at least 60 sq. ft of floor space.

(b) Every hospital shall be of sound permanent construction, with impermeable washable walls to a height of at least 5 feet on the inside with proper water supply and efficient sanitary arrangements.

(c) Every hospital shall have pure piped water supply and the wards, consulting room/operation theatre and dispensary, shall each have a water point over a suitable glazed sink.

(d) The following departments shall be provided,

                                           (i)            General ward for males;

                                          (ii)            General ward for females;

                                         (iii)            Maternity ward with separate labour room;

                                        (iv)            Family Planning Centre;

                                          (v)            Infectious ward with separate sanitary arrangements;

                                        (vi)            Out-patient department (with sufficient waiting space for patients to wait under cover preferably situated in a separate block from general wards);

                                       (vii)            Consulting room so arranged that patients can be examined in privacy;

                                      (viii)            Minor operation and dressing room;

                                        (ix)            Dispensary and Drugs Store;

                                          (x)            General Store;

                                        (xi)            Kitchen for cooking (fly-proof);

(e) In every hospital, transport facilities shall be provided for carrying patients to and from Group Hospitals.

Rule - 23. Group Hospitals.

(1)     Group Hospitals shall be established by the 1st July, 1957.

(2)     Plans for the establishment of Group Hospitals containing details as regards their location and size, areas of plantations served, the number of workers employed thereon, etc., shall be approved by the State Government.

(3)     Every Group Hospital shall have a minimum of 100 beds and there shall be at least 3 beds per 700 workers, every bed having 80 sq. ft. of floor space:

Provided that the State Government may fix a lesser number of beds to be provided in a Group Hospital and exempt a group of plantations from providing a Group Hospital, if it is satisfied that adequate alternative arrangements exist for treatment of patients intended to be treated at a Group Hospital:

Provided further that no exemption shall be allowed without the previous approval of the Central Government.

(4)     The hospitals shall be built according to such specifications as may be approved by the State Government.

(5)     There shall be provision for piped supply of pure water, electricity, modem methods of sanitation and water flushed closets. Each ward, labour room, surgical dressing room, consulting room and dispensary shall have a water point over a suitable glazed sink:

Provided that with the approval of the State Government, suitable alternative arrangements may be made in regard to supply of pure water, electricity and other modem methods of sanitation. "

(6)     Each hospital shall have provision for:

Operating Theatre Block;

X-ray Block;

Physical Therapy Block;

Dental Treatment Block;

Labour room;

T.B. and V.D. clinics;

Consulting and examination rooms;

Clinical Laboratory, fully equipped;

Dispensary;

Administrative and Office Blocks;

Kitchen and Laundry Blocks;

Lavatories and bathrooms;

Stores;

Mortuary and post-mortem rooms;

Out-patients Block which should preferably be at some little distance from the wards.

Separate ward shall be provided for males, females, maternity cases and small isolated wards for infectious diseases:

Provided that X-ray and Physical Therapy Blocks may not be provided if satisfactory arrangements are made by employers to provide these facilities with some hospital approved by the Chief Inspector.

(7)     (a) Every Group Hospital shall have such medical and other staff as may be specified by the State Government. All doctors in a Group Hospital shall be qualified medical practitioners.

(b) There shall be 15 nurses for a 100-bedded hospital of whom one shall be senior trained, 5 junior trained and 9 assistant nurses. Such classification may be made according to their qualifications and experience.

(8)     A properly equipped ambulance shall be maintained in every Group Hospital.

Rule - 24. Equipment and drugs.

Every dispensary, Garden Hospital and Group Hospital shall maintain such equipment and drugs, etc., as may be specified by the State Government.

Rule - 25. Medical records.

The medical officer-in-charge of each dispensary, Garden or Group Hospital, shall

(a)      maintain such registers, books, accounts and a medical record in respect of every patient, as may be prescribed by the State Government for the purpose, and

(b)      comply with such regulations as may be made by the State Government in respect of medical stores.

Rule - 26. Standard of medical facilities.

(a)      Out-patients' treatment.

It shall include

                                           (i)            detention for observation and treatment;

                                          (ii)            preventive treatment, such as vaccination and inoculation;

                                         (iii)            free provision of all drugs including those needed for injections and dressings and appliances that may be considered necessary;

                                        (iv)            ante-natal, natal and post-natal advice;

                                          (v)            provision of certificates free of cost in respect of maternity and sickness benefit claims under Section 32 of the Act.

(b)      In-patients' treatment

The hospital treatment shall include maintenance, food and medicines, including treatment at confinement as may be available at the hospital:

Provided that the State Government may fix the charge of food supplied to a patient while he is in the hospital.

Rule - 27. Submission of scheme for the provision of medical facilities and progress reports.

(1)     Within six months of the promulgation of these Rules, every employer shall submit to the Central Government as well as the State Government a scheme for providing medical facilities according to the prescribed standards. The scheme shall show the various stages in and the date by which the required medical facilities are proposed to be provided. Medical facilities shall be provided according to the approved scheme.

(2)     Every employer shall famish to [10][x x x x x] the State Government reports in [11][x x x x x] form [12][No. 3-A] as may be prescribed by the 31st January and 31st July every year to show the progress made in providing medical facilities according to the approved scheme.

Rule - 28. Failure to provide and maintain medical facilities as required in these Rules.

If any employer does not provide and maintain medical facilities as required in these Rules to the satisfaction of the Chief Inspector, the latter will cause to be provided and maintained these facilities in the nearest Garden Hospital or dispensary, or in a District Board or other similar hospital. The defaulting employer shall be liable to pay the cost of such medical facilities including charges, if any; in respect of

(a)      a medical officer's visit to the plantation for the purpose of attendance on any sick worker or workers;

(b)      the maintenance of sick worker in a hospital/dispensary for each day's maintenance; and

(c)      transport to and fro provided to the sick worker.

Rule - 28A. Medical facilities by State Government.

[13][[14][(1)] Notwithstanding anything contained in this Chapter, an employer required to provide medical facilities under Rules 21 to 28 may arrange with the Government of the State to provide medical facilities for the workers and their families on such terms and conditions as may be specified by a Notification in the Official Gazette by the State from time to time.

[15][(2) The contributions payable by the employers in accordance with the procedure in force in Coorg District prior to the issue of Notification No. LLH 17 LBW 57, dated 1st July, 1958 shall be deemed to have been levied under the provisions of these rules until such time as the revised procedure is brought into force.]

Rule - 28B. Free treatment in State Hospitals.

Every worker and his family of a plantation which has made arrangements with the State Government for providing medical facilities in accordance with Rule 28-A, shall be eligible for free medical treatment in the State Hospitals.]

Rule - 29. Recovery of sum due under Rule 28.

When any sum of money is due from any employer under Rule 28, the Chief Inspector shall give him notice in writing requiring the payment of the amount to the Collector, who may recover the same as an arrear of land revenue.

CHAPTER IV WELFARE

Rules prescribed under Section 11

Rule - 30. Canteens.

In or near every plantation wherein one hundred and fifty or more workers are ordinarily employed, the employer shall provide and maintain a canteen or canteens with facilities for sale of tea and snacks to workers.

Rule - 31. Prices to be charged.

(1)     Tea and snacks served in every canteen shall be sold on a no-profit basis.

(2)     The prices of all items served in the canteen shall be conspicuously displayed in every canteen.

Rules prescribed under sub-section (3) of Section 12

Rule - 32. Creches.

(1)     Every plantation [16][to which Section 12 applied], the employer shall provide and maintain a creche or creches for the [17][use of the children] who are below the age of six years according to the standards laid down in these Rules.

(2)     Every creche shall be conveniently accessible to the mothers of the children accommodated therein,

(3)     There shall not be less than 15 sq. ft. of floor area for each child to be accommodated in a creche.

(4)     The building in which the creche is situated shall be of sound construction with a good plinth.

(5)     The plan of the creche building shall be in accordance with the standard plan or plans laid down by the Chief Inspector

Provided that where no standard plan has been laid down or where it is proposed to deviate from a standard plan, the Chief Inspector's approval shall be obtained.

(6)     The creche shall be furnished with suitable furniture and a cradle for each child below the age of two.

(7)     A suitably fenced and shady open air playground shall be provided for the older children.

(8)     The employer shall appoint

                           (i)            a woman as creche-in-charge to look after children during the absence of their mothers, who shall possess such qualifications and training as may be approved by the State Government; and

                          (ii)            such other staff on a scale approved by the said authority.

Rule - 33. Wash Room.

(1)     There shall be in or adjoining the creche a suitable wash room for the washing of the children and their clothes.

(2)     There shall be provided a latrine for the use of the children in the creche.

Rule - 34. Supply of milk and refreshment.

At least half a pint of clean pure milk if possible, otherwise powdered milk approved by the certifying surgeon, shall be made available for each child on every day it is accommodated in the creche and the mother of such child shall be allowed in the course of her daily work, two intervals of sufficient time to visit the creche and feed the child. For children above two years of age there shall be provided in addition in adequate supply of wholesome refreshment.

Rule - 35. Supply of clothes, soap and oil.

(1)     The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

(2)     An adequate supply of clean clothes, soap and oil shall be made available for each child while it is in the creche.

Rules prescribed under Section 13

Rule - 36. Recreational facilities.

Every employer shall provide and maintain

                           (i)            a recreation centre or centres for workers with provision for indoor games suitable for adult and child workers;

                          (ii)            where adequate flat open space is available within a reasonable distance, a playground or playgrounds for adult and child workers with necessary sports equipment for outdoor games:

Provided that subject-to the provision of Rule 37, a group of employers may with the approval of the Chief Inspector, provide and maintain joint recreation centres and playgrounds and share their expenses.

Rule - 37. Location of Recreation Centre.

Every recreation centre to be provided and maintained under Rule 36 shall be conveniently situated as near as possible to the workers' quarters.

Rules prescribed under Section 14

Rule - 38. Educational facilities for workers' children.

Every employer shall, if the number of workers' children between the ages of 6 and 12 in his plantation exceeds 25, provide and maintain a primary school or schools for imparting primary education to the children:

Provided that an employer may not provide and maintain a primary school if there is one under the direct management of the State Government or of any local body for imparting free education to the children up to the primary or higher standard, with enough seats to admit the children between the ages of six and twelve of the workers in his plantation and within a distance of one mile from the place where workers reside in his plantation, or if under any other law is required to pay a cess or tax for primary education:

Provided further that subject to the provisions of sub-rule (1) of Rule 39, a group of employers may jointly provide and maintain a primary school, and share its expenses.

Rule - 39. Location of School.

(1)     Every school to be provided and maintained under Rule 38 shall be conveniently situated and within a distance of one mile from the workers' quarters.

(2)     The school building shall be constructed in accordance with the standard plan or plans which may be laid down by the State Government:

Provided that there is no standard plan or where it is proposed to deviate from a standard plan, the State Government's approval of the plan of the school building shall be obtained.

(3)     Where adequate space is available, an open air playground with suitable accessories shall also be provided for the children attending the school.

Rule - 40. Provision of educational equipment.

The employer or employers, as the case may be, shall provide for every primary school maintained under Rule 38 such educational and other equipments as may be considered necessary by the State Government.

Rule - 41. Number of Teachers.

(1)     The employer or employers concerned shall appoint one teacher for every forty children in the primary school.

(2)     The teacher shall possess the qualifications prescribed by the State Government for teachers in Government primary schools:

Provided that in the case of any person who is working as a school teacher in a plantation at the commencement of, these rules, the State Government may, subject to such conditions as it may specify, relax any of the qualifications.

Rule - 42. Curriculum.

The curriculum, duration, standard and syllabus of the course of instruction to be imparted in the primary school shall be such as may be approved by the State Government.

Rule - 43. Free education.

No fees shall be charged from the workers' children attending the primary school.

Rules prescribed under Section 16

Rule - 44. Housing accommodation for workers.

[18][Every employer shall provide for every worker and his family residing in a plantation, housing accommodation as near as possible to the place of work. It shall be open to an employer to provide such accommodation in the course of several years provided that houses shall be built for at least light per cent of the resident workers every year.

Rule - 45. Standard and specification of housing accommodation.

All housing accommodation for workers in a plantation shall conform to such standard and specifications as may be approved by the State Government [19][x x x x x]

Rule - 46. Sites for housing accommodation.

(1)     The housing accommodation shall be provided on dry well drained land which, consistent with the requirements regarding distance from the plantation, has supplies of wholesome drinking water within a reasonable distance. In malarial tracts, the houses shall be provided at a safe distance from the swamps and marshes and above the highest flood level.

(2)     Adequate lighting arrangements shall be provided in and around the area in which housing accommodation is provided.

(3)     The employer shall maintain in good condition the approach roads and paths to the area where houses are located as also the sewers and drains in that area.

(4)     The employer shall not deny to the public free access to those parts of the plantation where the workers are housed.

(5)     The employer shall cause the vicinity of all houses to be kept clear of refuse and excreta and the latrines and drains to be cleaned out daily and all refuse in or near them to be collected, removed and disposed of hygienically.

Rule - 47. Housing Scheme.

Within six months of the date of issue of these Rules, every employer shall submit to the Chief Inspector of Plantations for approval a scheme in regard to the provision by him of housing accommodation for workers. The scheme shall provide for the following matters:

(1)     Specification of the period during which housing accommodation is proposed to be provided in respect of all resident workers in a plantation, such period being not later than the period referred to in Rule 44.

(2)     The type design which is proposed to be adopted for the construction of houses, such design being in conformity with the standards and specifications as may be approved by the State Government under Rule 45.

(3)     Plan and site plan, in duplicate, of the buildings to be constructed or remodeled for use as workers' houses.

Rule - 48. Construction of houses in accordance with scheme and report in relation thereto.

All houses shall be built in accordance with the scheme as approved in writing by the Chief Inspector of Plantations. With a view to showing the progress made in providing houses according to the approved scheme, every employer shall submit to the Chief Inspector of Plantations a report in Form No. 4 on the [20][30th June and 31st December every year].

Rule - 49. Maintenance of houses.

(1)     The employer shall, at his own expense, execute such repairs to the houses as may be required from time to time and maintain the houses in fit and safe condition for occupation.

(2)     A worker occupying a house may, and an Inspector appointed under the Act shall, bring to the notice of the employer any defects in the condition of a house which make it dangerous to the health and safety of the worker. Where an Inspector so brings any such defects to notice it shall be the duty of the employer to rectify them with the least possible delay.

(3)     The employer shall get all the houses lime-washed at least once every year and all the doors, windows and other wooden structure varnished or painted once in three years. A record of dates on which lime-washing or painting was carried out shall be maintained in a register in Form No. 5.

Rule - 50. Accommodation to be rent-free.

No rent shall be charged by an employer for the housing accommodation provided to workers and their families residing in his plantation.

Rule - 51. Occupation of houses.

[21][(1) Houses shall be allotted on the basis of one house for a worker having a family for the use of the worker and his family:

Provided that if there are two or more workers in a family, only one house shall be allotted in respect of any such family in the name of any worker in the family:

Provided further that in the case of termination of services of a worker in whose name a house is allotted under the preceding proviso, the house shall be allotted in the name of any other member or his family who is a worker.

(1-A) The employer may allot houses to workers not having families at the rate of one house for not more than four such workers.]

(2)   The occupant of a house shall not make any unauthorised additions to or alterations in the house,

(3)   The occupant shall not exchange the house with the occupant of another house except with the written permission of the employer.

(4)   The occupant shall not let the house or any portion thereof to any person.

(5)   All workers and members of their families occupying the houses shall use the latrines provided and shall not pollute the soil and shall keep the houses and the precincts thereof clean and tidy and shall not waste drinking water.

(6)   No cattle or goats shall be kept in living rooms or verandahs and no windows or air spaces shall be blocked up.

(7)   The employer shall bring to the notice of each worker to whom housing accommodation has been provided, the conditions governing the occupation of such accommodation, in writing, in a language which the latter can understand.

Rule - 52. Occupation of accommodation after termination of employment.

[22][(1)] When a worker dies in the service of the employer, or retires, or goes on transfer, or resigns, or goes on leave or when his services are terminated, he or his family may retain the house up to the period as detailed below:

                           (i)            in the case of death, transfer or termination of service, a period not exceeding two months;

                          (ii)            in the case of retirement or resignation, a period not exceeding one month;

                         (iii)            in the case of leave, for the period of leave; and

[23][(iv) In the case where discharge or dismissal of a worker results in an Industrial Dispute, for so long as the case is not finally disposed of.]

[24][(2) If the Competent Authority is satisfied that a worker or any member of the family refused to vacate the house allotted to such worker after the expiry of the period specified in sub-rule (1) he may, notwithstanding anything contained in any other law for the time being in force, by notice served:

                           (i)            by post, or

                          (ii)            by affixing a copy of it on the outer door or some other conspicuous part of such house, or

                         (iii)            in such other manner as the State Government may specify:

require that such worker or a member of his family or any other person who may be in occupation of the whole or any part of the house, to vacate it within one month of the date of service of such notice.

(3)   In the event of the failure of the worker of a member of the family or any other person who is in occupation of the house to comply with the notice under sub-rule (2), the competent authority may by order evict such workers, member or other person from, and take possession of the house and may, for that purpose, use such force as may be necessary:

Provided that before taking such possession, a copy of the order of eviction shall be served on the worker or a member of the family or any other person in occupation of the said house.

Explanation. For the purposes of this Rule 'Competent Authority' means such person or authority as may be notified by the State Government in this behalf.]

Rule - 53. Facilities for harvesting standing crops on termination of employment.

In the case of termination of his employment, a worker shall, where possible, be given reasonable facilities to harvest the standing crops in his garden plot.

Advisory Board

Rule - 54. Constitution of Advisory Board.

[25][x x x x x]

Rule - 55. Composition of Advisory Board.

[x x x x x]

Rule - 56. Term of office of members.

[x x x x x]

Rule - 57. Travelling allowances for, members.

[x x x x x]

Rule - 58. Resignation.

[x x x x x]

Rule - 59. Vacation of office.

[x x x x x]

Rule - 60. Disposal of business.

[x x x x x]

Rule - 61. Time and place of meetings.

[x x x x x]

Rule - 62. Notice of meetings.

[x x x x x]

Rule - 63. Presiding at meetings.

[x x x x x]

Rule - 64. Quorum.

[x x x x x]

Rule - 65. Decision by majority.

[x x x x x]

Rule - 66. Minutes of meetings.

[x x x x x]

Rule - 67. Powers and functions of the Advisory Board.

[x x x x x.]

Rule - 68. Removal of difficulties.

If there is any difficulty in the working of [26][Rules 44 to 53], the State Government may issue such instructions as it may consider necessary to remove the difficulty.

Rule prescribed under Section 17

Rule - 69. Facilities for protection from weather.

Every employer shall supply to every worker free of cost, at specified interval or intervals, such materials for protection from rain or cold as may be notified by the State Government.

CHAPTER IV-A [27][ACCIDENTS AND COMPENSATION

Rule - 69A. Qualification of Commissioner.

No person shall be appointed as Commissioner under Section 16-B unless he holds or has held the office of the Commissioner under the Workmen's Compensation Act, 1923.

Rule - 69B. Application for payment of compensation.

Every application for payment of compensation under sub-section (1) of Section 16-C shall be in Form 5-A.

Rule - 69C. Procedure of Commissioner.

The provisions of the Workmen's Compensation Act, 1923 (Central Act 13 of 1923), and the rules made thereunder by the Government of Karnataka, applicable in respect of the procedure to be followed by the Commissioner in the disposal of cases under that Act and by the parties in such cases shall apply, mutatis mutandis, to the inquiry and determination of claims by the Commissioner under this Act to the extent such provisions are not inconsistent with the provisions of this Act and the rules made thereunder.

Rule - 69D. Recovery of compensation.

The compensation payable under this Act may be recovered as arrear of land revenue.]

CHAPTER V HOURS AND LIMITATION OF EMPLOYMENT

Rule prescribed under Section 20

Rule - 70. Weekly holidays.

(1)     Unless otherwise permitted by the State Government no worker shall be required or permitted to work on any plantation on a Sunday, except when he has had or will have a day of rest on one of the three days immediately preceding or succeeding that Sunday:

Provided that the weekly holiday may be substituted by another day:

Provided further that every worker shall be free to work on a day of rest, which is not a closed holiday, but in so doing he shall not work for more than ten days consecutively without having holiday for full one day.

(2)     Every worker shall be paid for work on the day of rest at the overtime rate prevailing in a particular area as fixed under the Minimum Wages Act, 1948, and where there is no such rate, at double the ordinary rate.

Rule prescribed under Section 23

Rule - 71. Notice of period of work.

(1)     The notice prescribed in Section 23 shall be in Form No. 6.

(2)     It shall be written in English and in a language understood by the majority of workers in the plantation, shall be displayed at some conspicuous and convenient place and shall be maintained in a clean and legible condition.

(3)     Any modification in the periods of work in the plantation which may necessitate a change in the aforesaid notice shall be intimated to the Inspector in duplicate, along with a copy of the original notice, either before the change is made or within three days of making any such change.

CHAPTER VI SICKNESS AND MATERNITY BENEFITS

Rules prescribed under Section 32

Rule - 72. Payment of Sickness allowance.

(1)     Every worker shall be entitled to obtain sickness allowances from his employer for each day of certified sickness for a total period of 14 days in a year at the rate of two-thirds of his daily wages or of the average daily earnings if he is employed on piece wages, subject to a [28][minimum of one rupee] [29][in the case of adult workers and sixty paise in the case of adolescent and child workers] per day:

Provided that the worker shall not be entitled to the allowance for an initial waiting period of two days except in the case of a spell of sickness following, at an interval of not more than fifteen days, the spell of sickness for which sickness allowance was last paid.

(2)     Sickness allowances specified in sub-rule (1) shall be paid at the option of the worker either at the time of payment of weekly advances on account of wages or along with the first instalment of wages payable to the workers after he resumes his work on recovery from certified sickness.

(3)     The certificate of sickness shall be issued in Form No. 7 (to be supplied by the employer free of cost) by the certifying surgeon or a resident medical officer appointed by the employer or any other qualified medical practitioner to every worker entitled to obtain sickness allowance, on a request being made by such worker in this behalf. Every employer shall pay to a worker sickness allowance due to him on presentation of such certificate in accordance with the provisions of sub-rule (2) above. If a worker has to pay any fee for obtaining the sickness certificate, the employer shall bear the cost.

(4)     No sickness allowance shall be paid to a worker if he attends to work on any day for which he has been granted sickness allowance.

Rule - 72A. Accumulation of sick leave.

[30][(1) Notwithstanding anything contained in Rule 72, where in any year, a worker does not take the whole of the leave allowed to him under sub-rule (1) of that rule, he shall be entitled to add the leave not taken in that year to the leave to be allowed to him in the succeeding year:

Provided that the number of days of leave that may be carried forward to a succeeding year shall not in any case exceed 30 days.

(2)   In addition to the leave to which a worker is entitled under sub-rule (1) of Rule 72 and sub-rule (1) of this Rule, a worker may in the event of certified sickness, prefix or suffix to such leave the balance, if any, of the annual leave with wages standing to his credit under Section 30 of the Act:

Provided that leave under this sub-rule shall be allowed only in genuine cases of serious or chronic illness or for prolonged periods of convalescence on the basis of a certificate in Form 7.

                                           (i)          from the chief medical officer or medical officer of a plantation, or

                                          (ii)          if the worker is on leave from the plantation on the basis of a certificate from any Government Doctor, from a person not below the rank of an Assistant Surgeon.

(3)   Sickness allowance at the rate laid down in Rule 72 shall be payable for the days of leave availed of under sub-rule (1).]

Rule - 73. Payment of Maternity allowance.

(1)     Subject to the provisions of these rules but without prejudice to her right if any, to free medical facilities existing in a plantation, every woman employed in a plantation shall be entitled to obtain from her employer a maternity allowance for a period of four weeks immediately preceding the expected day of her delivery and for a period of eight weeks immediately following the day of her delivery:

Provided that a woman shall not be entitled to obtain such maternity allowance unless she has worked in the plantation or plantations of the employer from whom she claims such allowance for not less than one hundred and fifty days in the twelve months immediately preceding the expected day of her delivery:

Provided further that the period of 150 days may either by continuous or interrupted by a period or periods of absence on account of authorised leave.

(2)     A woman shall not be entitled to obtain maternity allowance if she has not

(a)      permitted herself to be medically examined for the purpose of certifying pregnancy or expected confinement by a certifying surgeon or a qualified resident medical officer with the assistance of a nurse, if the Surgeon/Medical Officer is a male or a qualified lady medical practitioner, or

(b)      during the period which extends from the commencement of the four weeks immediately preceding the expected day of her delivery to the day of her delivery and during the period of eight weeks immediately following the day of her delivery attended, or permitted herself to be treated in, a hospital by a qualified medical practitioner or under the supervision of such medical practitioner by a nurse:

Provided that non-compliance by the woman with the provisions of this sub-rule shall not disentitle her to maternity allowance if a certifying surgeon or any other qualified medical practitioner certifies that in his opinion such non-compliance was due to premature delivery or to a bona fide miscalculation on the part of the woman as to the state of advancement of her pregnancy.

Rule - 74. Prohibition of employment of women during certain period.

(1)     No employer shall knowingly employ a woman in a plantation during the four weeks immediately preceding the expected day of her delivery and during the eight weeks immediately following the day of her delivery.

(2)     In case of miscarriage a woman shall, on production of a certificate signed by the certifying surgeon or any other qualified medical practitioner or such other proof of miscarriage as may be accepted by her employer, be entitled to two weeks' leave from the day of her miscarriage with pay as under the rules.

(3)     During the period of pregnancy a woman shall not be employed on work which is arduous or which requires long hours of standing at one place or which may in any way interfere with her pregnancy and is likely to cause miscarriage or adversely affect her health and interfere with the normal development of foetus.

Rule - 75. Procedure regarding payment of maternity allowance.

(1)     (a) A woman who claims or intends to claim maternity allowance shall on any day give notice in Form No. 8 to the employer that she expects to be confined within one month next following and may nominate therein a person for purposes of sub-rule (2) of Rule 17;

(b) Where no such notice has been given and the woman has been delivered of a child, she shall within seven days of the delivery give notice in Form No. 9 that she has given birth to a child:

Provided that non-compliance of the procedure laid down in the sub-rule shall not disentitle a woman to maternity allowance if she is found to be illiterate.

(2)     When such notice as is referred to in clause (a) or clause (b) of sub-rule (1) is received, the employer shall permit the woman to absent herself from work in the plantation on and from the day following that on which such notice is received until the expiration of eight weeks after the day of her" delivery.

Rule - 76. Payment of maternity allowance.

(1)     Where a woman entitled to obtain maternity allowance has given notice referred to in clause (a) of sub-rule (1) of Rule 75 and has obtained permission to absent herself from the work, the employer shall pay her maternity allowance for twelve weeks at the rate of rupees five and paise twenty-five per week in twelve equal weekly instalments and the payment of the first instalment shall be made within three days of the receipt of the notice:

Provided that an employer before making any payment may require the woman to whom such payment is to be made to produce a certificate in Form No. 10 given by a certifying surgeon or a qualified resident medical officer or any other qualified medical practitioner as to the expected day of her delivery.

(2)     Where a woman entitled to maternity allowance has given notice referred to in clause (b) of sub-rule (1) of Rule 75 the employer shall pay her maternity allowance for eight weeks at the rate of rupees five and paise twenty-five per week in eight equal weekly instalments and the payment of the first instalment shall be made within three days of the receipt of the notice:

Provided that an employer before making any payment may require the woman to whom such payment is to be made to produce a certified extract from a birth register or a certificate signed or countersigned by a certifying surgeon or a qualified resident medical officer or any other qualified medical practitioner.

Rule - 77. Payment of maternity allowance in case of a woman's death.

(1)     If a woman entitled to obtain maternity allowance dies before being delivered of a child the employer shall be liable only for the payment of maternity allowance due in respect of the four weeks immediately preceding the expected day of her delivery.

(2)     If a woman entitled to maternity allowance dies on the day of her delivery or during the period of eight weeks immediately following that day the liability of the employer shall not by reason of her death be discharged and he shall pay the amount of the maternity allowance, if the newly born child survives her, to the person who undertakes the care of the child and if the child does not survive her, to the person nominated by her under sub-rule (1) of Rule 75 or if she has made no nomination to her next of kin as determined by the employer subject to the Inspector's approval.

(3)     The fact that a woman is dead shall be proved by the production either of a certificate to that effect from a certifying surgeon or any other qualified medical practitioner or of a certified copy of an extract from a death register maintained Under the provisions of any law.

Rule - 78. Prohibition of dismissal during or on account of absence from work owing to confinement.

(1)     When a woman absents herself from work in accordance with the provisions of these Rules it shall not be lawful for her employer to give her notice of dismissal during such absence or on such a day that the notice will expire during such absence.

(2)     The dismissal of a woman at any time within six months before she is delivered of a child, if the woman but for such dismissal would have been entitled to obtain maternity allowance under these Rules, shall not have the effect of depriving her of the maternity allowance if the Chief Inspector is satisfied that her dismissal was without cause.

(3)     If the confinement involves illness incapacitating a woman for work, the employer shall not be entitled to dismiss her or give her notice of dismissal, if she fails to return to duty on the expiry of eight weeks after the date of delivery without getting the approval of a certifying surgeon who may increase the period of absence if he considers fit

Rule - 79. Muster-roll.

(1)     Every employer in a plantation in which women are employed shall prepare and maintain a muster-roll in Form No. 11 and shall enter all particulars specified in the Form in respect of all women employed in the plantation from whom notice of confinement is received:

Provided that where a register is maintained under a State Maternity Benefit Act, which covers ail the provisions of Form No. 11, that register may be deemed sufficient for the purpose of this sub-rule.

(2)     All entries in the muster-roll shall be made in ink and maintained and it shall be made available for inspection at any time during the working hours.

Rule - 80. Free copies-Forms 8 and 9.

Every employer shall supply to a woman at her request free of cost copies of Form Nos. 8 and 9.

Rule - 81. Preservation of Records.

Records relating to payment of maternity benefit under these Rules shall be preserved for two years from the date of preparation.

Rule - 81A. Reporting of accidents.

[31][(1) Wherein any plantation, an accident of the nature specified in Section 32-A or an accident which causes total or partial disablement or disfigurement occurs, the employer thereof shall forthwith send notice thereof by a special messenger or through telephone or telegram to the Inspector or Additional Inspector in whose jurisdiction the accident has occurred:

Provided that, if the accident is fatal or is likely to prove fatal, notice as aforesaid shall also be sent to the Chief Inspector and the officer-in-charge of the nearest police station:

Provided further that an oral or telegraphic message will invariably be followed by a notice in writing in Form 11-A to be despatched by registered post at least on the day next following the date of the accident.

(2) A register of accidents shall be maintained in Form 11-B.]

CHAPTER VII MISCELLANEOUS

Rules prescribed under sub-section 2(e) of Section 43

Rule - 82. Appeals.

(1)     An appeal against the orders of an Inspector shall lie to the Chief Inspector and against the orders of the Chief Inspector to the State Government or to such authority as the State Government may appoint in this behalf. The appellate authority after giving both parties an opportunity of being heard shall either reject the application or decide in any manner it deems fit.

(2)     All appeals under sub-rule (1) shall be in the form of a memorandum setting forth concisely the grounds of objections to the order and shall be accompanied by a certified copy of the order appealed against, duly signed by the appellant, or, on his behalf, by a duly authorised agent or legal practitioner. An appeal shall be considered valid only if submitted within two months from the date of the order appealed against.

(3)     On receipt of the memorandum of appeal, the appellate authority shall, if it thinks fit, appoint an assessor within two weeks to assist in the disposal of the appeal. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector, or Chief Inspector, as the case may be, whose order is appealed against.

Rules prescribed under sub-section (2)(j) of Section 43

Rule - 83. Registers.

(1)     Every employer shall maintain

(a)      registers of adult and non-adult workers in Form Nos. 12 and 13 respectively, and

(b)      a register in Form No. 14 hereinafter called the Leave with Wages Register which shall be preserved for a period of three years after the last entry in it:

Provided that if the Inspector or the Chief Inspector is of the opinion that any muster-roll or register maintained by the employer gives the required particulars in respect of any or all workers in the plantation, he may by order in writing direct that such muster-roll or register shall, to the corresponding extent, Be maintained in the place of and be treated as the register required under this sub-rule in respect of that plantation.

(2)     (a) Every employer shall provide a plantation worker with a book in Form No. 15 (hereinafter called the Leave Book). The Leave Book shall be the property of the worker and the employer or his agent shall not demand it except to make necessary entries, and shall not keep it for more than a week at a time.

(b) If a worker loses his Leave Book, the employer shall provide him with another copy on the payment of six paise.

(3)     Every employer shall maintain a bound Inspection Book and shall produce it when required by the Inspector or certifying surgeon.

Rule - 84. Returns.

(1)     Every employer shall furnish to the Inspector and the Chief Inspector on or before the 31st January of every year an annual return in duplicate in Form No. 16.

(2)     Every employer shall furnish to the Inspector and the Chief Inspector not later than the 15th February of the year subsequent to that to which it relates, returns in Form Nos. 17, 18, 19, 20 and 21.

[32][(3) Every employer shall furnish to the Inspector and the Chief Inspector by the 31st January and 31st July every year a half-yearly progress report in duplicate, in regard to provision of the medical facilities in Form No. 22.]

[33][(4) Every employer shall keep up-to-date the registers and other records required to be maintained by him under this Rule by making entries relating to any day that day itself in such registers and records.]

Rule - 85. Repeal and Savings.

[34][The Coorg Plantation Labour Rules; (2) the Madras Plantation Labour Rules and all other rules made under Section 43, in force in any area of the State of Mysore other than the Mysore area are hereby repealed:

Provided that the provisions of Section 6 of the General Clauses Act, 1897 (Central Act X of 1897) shall be applicable, as regards the effect of such repeal:

Provided further that anything done or any action taken under any of repealed rules shall be deemed to have been done or taken under the corresponding provisions of these rules.]

 

FORM 1-A

[35][[Prescribed under sub-rule (1) of Rule 2-A]

Application for registration and grant of renewal of certificate of registration

Dated ........................

Signature of the employer

(This form should be completed in ink in block letters or typed).

 

FORM 1-B

[36][Prescribed under sub-rule (2) of Rule 2-A]

Register of plantation

Signature of the Registering Authority.

 

FORM 1-C

[37][Prescribed under sub-rule (3) of Rule 2-A]

Certificate of registration to a plantation

Registration No. ............................ Fees Rs. ...........................

Certificate of Registration under Section 3-B of the Plantation Labour Act, 1951, and rule framed thereunder, is hereby granted to the plantation, viz., .................................................. having ................................. hectare(s) and employing ....................................workers.

Dated:

Signature of the Registering

Officer with seal.

 

FORM 1-D

[38][Prescribed under sub-rule (4) of Rule 2-A]

Change or amendment

 

FORM 1-E]

[39][[Prescribed under sub-rule (2) of Rule 5]

Certificate of Fitness

I certify that I have personally examined

(name)........... son/daughter of.....residing at.............. ...................................and that his/her age, as nearly as can be ascertained from my examination, is.......years, and that he/she is fit for employment in plantation as adolescent/child.

Note: Exact details of cause of physical disability should be clearly stated.

 

FORM 2

[Prescribed under sub-rule (3) of Rule 5]

Register showing the fees paid to the certifying surgeon for the issue of Duplicate Certificates

Paid into Treasury at…....on (date)…..

Signature of the Certifying Surgeon.

 

FORM 3

[Prescribed under sub-rule (5) of Rule 51

Certifying surgeon's Visit Note

Visit to (plantation).....on date . ... 19 ....

Name of the certifying surgeon

Examination and Certificates

(A)     Children,

(1)     Original examination ............................................................................................ Number examined.................................................................Number granted certificates...........................

(2)     Re-examination of those holding certificates ............................................. Number examined........................................................Number of certificates cancelled............................................Reason for cancellation in each case (i.e., general nature of unfitness)........................................

(B)     Adolescent.

(1)     Original examination.....Number examined.....Number granted certificates.............

(2)     Re-examination of those holding certificates ....................... Number examined ........................ Number of certificates cancelled ..................... Reason for cancellation in each case (i.e., general nature of unfitness)

Signed..............................................

certifying surgeon.

N.B. Names of young persons who have been granted certificates and of those whose certificates have been cancelled shall be given in an Appendix to this Form

 

FORM 3-A

[40][[Prescribed under sub-rule (2) of Rule 27]

Provision of Medical Facilities

Return for the half year ending the 30-6-19.../31-12-19.......

(1)     Number of Plantations. :..........................................

(2)     Total number of workers employed in 1

above. :............................................

(3)     Particulars of medical facilities provided. :............................................

Figures for 700 workers

(5)     Number of estates that have partially provided medical facilities as prescribed in rules.

(6)     Number of estates that have not provided medical facilities as prescribed in the rules. :............................................]

 

FORM 4

[Prescribed tinder Rule 48]

[41][Half Yearly Progress Report for the period from 1st January 19......to 30th June 19......./18th July 19.....to 31st December 19.....]

 

FORM 5

[Prescribed under sub-rule (3) of Rule 49]

Record of Lime-washing, Painting, etc

Signature of Employer.

 

FORM 5-A

[42][[Prescribed under Rule 69-B]

Application for compensation

To

The Commissioner for Compensation under Plantation Labour Act .................... 

residing at........................................................ 

Applicant.

VS.

...............................................

residing at.......................................................

Opposite party.

It is hereby submitted that:

(1)     The applicant has been in receipt of payment from.............................to ............................................ in respect of injury or death caused as a result of the collapse of the house.

(2)     The applicant desires that the right to receive half-monthly payments should be redeemed.

(3)     (a) the opposite party is unwilling to agree to the redemption of the right to receive half-monthly payments.

(b) the parties have been unable to agree regarding the sum for which the right to receive half-monthly payment should be redeemed.

(4)     You are, therefore, requested to pass orders:

(a)      directing that the right to receive half-monthly payments should be redeemed.

(b)      fixing a sum for the redemption of the right to receive half-monthly payments.

(5)     The deceased before his death received as compensation the total sum of Rs. ...............................................

(6)     The applicants) is/are accordingly entitled to receive a lump sum payment of.......................................................

(7)     The applicants) has/have requested the opposite party to deposit compensation and the latter has re fused/omitted to do so.

*You are, therefore, requested to determine the following questions, in dispute, viz.,

(a)      Whether the deceased was a workman within the meaning of the Act?

(b)      Whether the accident arose out of the collapse of the house?

(c)      Whether the amount of compensation claimed is due or any part of the amount?

(d)      Whether the opposite party is liable to pay such compensation as is due?

(e)      Whether the applicant (s) is/are depend ant (s) of the deceased/injured?

(f)       How the compensation when deposited should be distributed?

(g)      etc..................................................................(as required).

 

FORM 6

[Prescribed under sub-rule (1) of Rule 71]

Notice of Period of work

Name of Plantation.........................Place...........

District.......................

Instructions to be followed in filling in the notice of period of work.

                           (i)            Divide all workers into groups according to the nature and periods of their work and classify 'Groups' as A, B, C, D, etc.,

                          (ii)            If workers in a particular group do not work during the same periods on all working days of the week, the periods should be shown separately for different days or sets of days during the week.

 

FORM 7

[Prescribed under sub-rule (3) of Rule 72]

Certificate of Sickness

This is to certify that I have examined.......son/daughter/wife of........ employed in.....plantation at.......in the district of.......on.......and found him/her suffering from..................I recommend............. ...........days absence from work and payment of the corresponding sickness allowance.

Signature, qualification and designation 

of Medical Practitioner.

 

FORM 8

[Prescribed under sub-rule (1)(a) of Rule 75]

(1)     .......................wife/daughter of....................employed in group No.................of....................plantation.......... ..........hereby give notice that I except to be confined within one month next following from the date of this notice and that I will absent myself from the plantation with effect from.................

(2)     For the purpose of rule............. I hereby nominate.........(name and full address of the nominee) to receive maternity benefit due to me in ease of my death.

Given this date.......................

Signature/Thumb-impression.

Signature of attestor in ease the woman

affixes thumb impression

Address..............

.........................

To

The Employer,

................(name of plantation and full address).

 

FORM 9

[Prescribed under sub-rule (1)(b) of Rule 75]

(1)     .......wife/daughter of.......employed in Group No.....of..... plantation, hereby give notice that I gave birth to a child on the.....19........

(2)     For the purpose of rule.........I hereby nominate ..... (name and full address of nominee) to receive maternity benefit due to me in case of my death.

Given this day......................

Signature/Thumb-impression.

Signature of attestor in case the woman affixes thumb impression.

Address...............

To

The Employer

..............(name of plantation and full address).

 

FORM 10

[Prescribed under sub-rule (1) of Rule 76]

This is to certify that I examined….............wife/daughter of….... …............employed in…................plantation at…....... …......in the district of…...............on…..................and found*/cannot discover that she is pregnant and is expected to be delivered of a child within…................months and/or….................... ….......days from (he above mentioned date.

Signature, qualification and designation 

of medical practitioner or midwife.

* Strike out when not applicable.

 

FORM 11

[Prescribed under sub-rule (1) of Rule 79]

Muster-roll …....................................

Name of plantation…...........Address…............

 

 

 

 

FORM 11-A

[43][[Prescribed under sub-rule (1) of Rule 81-A]

Notice of accident

I certify that to the best of my knowledge and belief the above particulars are correct in every respect.

Signature of employer/manager.

Date of despatch of the report.

 

FORM 11-B

[Prescribed under sub-rule (2) of Rule 81-A]

Register of accidents in case of collapse of house in plantation

 

FORM 12

[Prescribed under sub-rub (1)(a) of Rule 83]

Register of Adult Workers

 

 

FORM 13

[Prescribed wider sub-rule (1)(a) of Rule 83]

Register of non-adult workers

 

FORM 14

[Prescribed under sub-rule (1)(b) of Rule 83]

Register of leave with wages

Sl. No. in the Register of adult/non-adult workers...............................................

Father's/Husband's name............................................................................Date of entry into service......................................................................................

Address.............................................................................................

 

 

FORM 15

[Prescribed under sub-rule (2) of Rule 83]

Leave Book

 

 

Note. The Leave Book shall be made out separately for each worker on thick bound sheets.

 

FORM 16

[Prescribed under sub-rule (1) of Rule 84]

Annual return for the year ending the 31st December, 19 ..

(To be furnished to the Inspector and Chief Inspector by the 31st January)

(1)     Name of plantation...........................................................................................

(2)     Name of employer...........................................................................................

(3)     District...............................................................................................................

(4)     Postal address....................................................................................................

(5)     Average number of workers employed daily*

                           (i)            Men.......................................................................................................

                          (ii)            Women...................................................................................................

                         (iii)            Adolescents............................................................................................

(a)      Male..............................................................................................

(b)      Female............................................................................................

(6)     Normal hours worked per week,

                           (i)            Adults.....................................................................................................

                          (ii)            Adolescents..............................................................................................

                         (iii)            Children....................................................................................................

(7)     Number of days worked in the year.............................................................

(8)     What rest intervals were given to **

                           (i)            Adults....................................................................................................

                          (ii)            Adolescents...........................................................................................

                         (iii)            Children.................................................................................................

(9)     Were week days sometimes substituted for Sunday as weekly holidays ????????????????????.

(10)   Total number of workers discharged during the year for which this return is made..........................................................................................................

Certified that the information furnished above is to the best of my knowledge and belief, correct.

Signature of employer.

* The average daily number should be calculated by dividing the aggregate number of attendance on working days by the number of working days in the year. In reckoning attendances, attendance by temporary as well as permanent workers should be counted and all workers should be included, whether they are employed directly or under contractors. Days on which the plantation was closed, for whatever cause, should not be treated working days.

**Entry "one hour", "two half-hour", "one half-hour" or "None" as the case may be. If none of these categories apply to the adult workers enter the category applicable to the majority of adult workers. Where the majority received an interval exceeding one hour, enter "one hour".

Note. Where possible separate figures should be shown in respect of clerical and supervisory staff and other workers.

 

FORM 17

(Prescribed under sub-rule (2) of Rule 841

Leave with wages

Annual Return for the year ending 31st December, 19

(To be furnished to the Inspector and Chief Inspector by the 15th February)

(1)     Name of plantation.....................................................................................

(2)     Name of employer........................................................................................

(3)     District.............................................................................................................

(4)     Postal address............................................................................................

(5)     Total number of persons employed during the year..............................

(a)      Men........................................................................................................

(b)      Women................................................................................................

(c)      Young persons.....................................................................................

Adolescents........................................................................................

Children...............................................................................................

(6)     Number of persons who were granted leave during the year.

Men .........................................................

Women................................................................ .....

Adolescents.................................................................

Children...................................................................

(7)     Number of workers of whom the leave allowed amounted to thirty days:

Men.........................................................................

Women...........................................................................

Adolescents....................................................................

Children................................................................

Certified that the information furnished above is, to the best of my knowledge and belief, correct.

Signature of employer.

Note: Where possible separate figures should be shown in respect of clerical and supervisory staff and other workers.

 

FORM 18

[Prescribed under sub-rule (2) of Rule 84]

Annual Return (Creches) (Year ending the 31st December, 19 ...)

(To be furnished to the Inspector and Chief Inspector by the 15th February).

(1)     Name of the Plantation: ..................................

(2)     Name of women workers normally employed: ..................................

(3)     Area of the Plantation ..................................

(4)     Number of creches ..................................

(5)     Number of children admitted in each creche ..................................

(6)     Average daily attendance of children at each creche ..................................

                           (i)            Two years and below

                          (ii)            Above two years

(7)     Facilities provided in each creche,

                           (i)            Milk ..................................

                          (ii)            Food ..................................

                         (iii)            Clothes ..................................

                        (iv)            Toys ..................................

                          (v)            Medical aid ..................................

                        (vi)            Others ..................................

(8)     Strength of staff employed in each creche

                           (i)            Doctors.....................................................................

(a)      Males..............................................................

(b)      Females ..................................

                          (ii)            Nurses.......................................................................

                         (iii)            Ayahs or inferior attendants.................................

                        (iv)            Sweepers...................................................................

(9)     Remarks

Certified that the information furnished above is, to the best of my knowledge and belief, correct.

Date ??????????.

Signature of employer.

 

FORM 19

[Prescribed under sub-rule (2) of Rule 84] Annual Return (Canteens)

Year ending the 31st December, 19.......

(To be furnished to the Inspector and Chief Inspector by the 15th February)

Name of the Plantation............................

Area of Plantation................................

 

Certified that the information furnished above is, to the best of my knowledge and belief, correct.

Signature of employer.

 

FORM 20

[Prescribed under sub-rule (2) of Rule 84]

Annual Return (Maternity Benefit)

For the year ending the 31st December, 19.......

(To be furnished to the Inspector and Chief Inspector by the 15th February.)

Name of the Plantation.................

 

 

N.B. Full particulars of each case and reason for action taken under heading (5), (8), (9) and (10) should be given.

Note. Where possible separate figures should be shown in respect of clerical and supervisory staff and other workers.

 

FORM 21

[Prescribed under sub-rule (2) of Rule 84]

Annual Return (Sickness benefit)

For the year ending the 31st December, 19....

(To be furnished to the Inspector and Chief Inspector by the 15th February.)

Name of the Plantation.........

Signature of employer.

Note. Where possible, separate figures should be shown in respect of clerical and supervisory staff and other workers.

 

FORM 22

[Prescribed under sub-rule (3) of Rule 84]

Provision of Medical facilities

Return for the period ending the 30th June 19 ... or 31 December, 19 ...

(To be furnished to the Inspector and the Chief Inspector by the 31st July/31st January)

(1)     Name of Plantation

(2)     Total population

(3)     Average number of workers employed daily

(4)     Garden Hospital/dispensary

(5)     Number of first-aid boxes or cupboards maintained, if any

(6)     Steps taken or proposed to be taken, if any, to bring the medical facilities available in the plantation at par with those prescribed in Rules. State with special reference to the various stages of the approved scheme for provisions of medical facilities.

(7)     Number of patients recommended for treatment at the Group Hospital and arrangements made for their treatment if no Group Hospital has been established.

Signature of the employer.