[Act No. 69 of 1951] [02nd November,1951] An Act to
provide for the welfare of labour, and to regulate the conditions of work, in
plantations. BE it
enacted by Parliament as follows. (1)
This Act may
be called the Plantations Labour Act, 1951. (2)
It extends
to the whole of India except the State of Jammu and Kashmir. (3)
It shall
come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint. (4)
[1][It applies to the following plantations, that is to say, (a)
to any land
used or intended to be used for growing tea, coffee, rubber [2][cinchona
or cardamom] which and measures [3][5
hectares] or more and in which [4][fifteen]
or more persons are employed or were employed on any day of the preceding
twelve months; (b)
to any land
used or intended to be used for growing any other plant, which and
measures [5][5
hectares] or more and in which [6][fifteen]
more persons are employed or were employed on any day of the preceding twelve
months, if, after obtaining the approval of the Central Government, the State
Government by notification in the Official Gazette, so directs. [7][Explanation.- Where any piece of land used for growing any plant
referred to in clause (a) or clause (b) of this sub-section admeasures less
than 5 hectares and is contiguous to any other piece of land not being so used,
but capable of being so used, and both such pieces of land are under the
management of the same employer, then, for the purposes of this sub-section,
the piece of land first mentioned shall be deemed to be a plantation, if the
total area of both such pieces of land admeasures 5 hectares or more] (5)
The State
Government may, by notification in the Official Gazette, declare that all or
any of the provisions of this Act shall apply also to any land used or intended
to be used for growing any plant referred to in clause (a) or clause (b) of
sub-section (4), notwithstanding that- (a)
it
admeasures less than [8][5
hectares] or (b)
the number
of persons employed therein is less than [9][fifteen] Provided
that no such declaration shall be made in respect of such land which admeasured
less than [10][5
hectares] or in which less than [11][fifteen]
persons were employed, immediately before the commencement of this Act..] In this Act,
unless the context otherwise requires, (a)
"adolescent"
means a person who has completed his fifteenth year but has not completed his
eighteenth year; (b)
"adult"
means a person who has completed his eighteenth year; (c)
"child"
means a person who has not completed his fifteenth years"; (d)
"day"
means a period of twenty-four hours beginning at midnight; (e)
"employer"
when used in relation to a plantation means the person who has the ultimate
control over the affairs of the plantations, and where the affairs of any
plantation are entrusted to any other person (whether called a managing agent,
manager, superintendent or by any other name) such other person shall be deemed
to be the employer in relation to that plantation; [12][Explanation. For the purposes of this clause, "the person who has
the ultimate control over the affairs of the plantation" means in the case
of a plantation owned or controlled by. (i)
a company,
firm or other association of individuals, whether incorporated or not, every
director, partner or individual; (ii)
the Central
Government or State Government or any local authority, the person or persons
appointed to manage the affairs of the plantation; and (iii)
a lessee,
the lessee;] [13][(ee) "family'', when used in relation to a worker, means- (i)
his or her
spouse, and (ii)
the
legitimate and adopted children of the worker dependent upon him or her, who
have not completed their eighteenth year, (iii)
[14][and includes parents and widow sister, dependent upon him or her];';] [15][(eee) "inspector" means an inspector of plantation appointed
under sub-section (1) of section 4 and includes and additional inspector of
plantation appointed under sub-section (IA) of that section;;] (f)
[16]["plantation'' means any plantation to which this Act, whether
wholly or in part, applies and includes offices, hospitals, dispensaries,
schools, and any other premises used for any purpose connected with such
plantation, but does not include any factory on the premises to which the
provisions of the Factories Act, 1948, (63 of 1948) apply;';] (g)
"prescribed"
means prescribed by rules made under this Act; (h)
[17][qualified medical practitioner'' means a person holding a qualification
granted by an authority specified or notified under section 3 of the
Indian Medical Degrees Act, 1916, (7 of 1916) or specified in the Schedules to
the Indian Medical Council Act, 1956, (102 of 1956) and includes any person
having a certificate granted under any Provincial or State Medical council
Act;';] (i)
"wages"
has the meaning assigned to it in clause (h) of section 2 of the
Minimum Wages Act, 1948 (XI of 1948); (j)
"week"
means period of seven days beginning at midnight on Saturday night or such
other night as may be fixed by the State Government in relation to plantation
in any area after such consultation as may be prescribed with reference to the
plantations concerned in that area; (k)
[18]["worker'' means a person employed in a plantations for hire or
reward, whether directly or through any agency, to do any work, skilled,
unskilled manual or clerical, [19][and includes a person employed on contract for more than sixty days in
a year] but does not include- (i)
a medical
officer employed in the plantation; (ii)
any person
employed in the plantation (including any member of the medical staff) whose
monthly wages exceed [20][rupees ten thousand]; (iii)
any person
employed in the plantation primarily in a [21][managerial or administrative capacity, notwithstanding that his monthly
wages do not exceed rupees ten thousand]; or (iv)
any person
temporarily employed in the plantation in any work relating to the
construction, development or maintenance of buildings, roads, bridges, drains
or canals;';] (l)
"young
person" means a person who is either a child or an adolescent. In this Act,
reference to time of day are references to Indian Standard time being five and
a half hours ahead of Greenwich Mean time: Provided
that for any area in which the Indian Standard time is not ordinarily observed,
the State Government may make rules. (a)
specifying
the area; (b)
defining the
local mean time ordinarily observed therein and (c)
permitting
such time to be observed in all or any of the plantations situated in that
area. [22][CHAPTER IA REGISTRATION OF PLANTATIONS The State
Government may, by notification in the Official Gazette, (a)
appoint such
persons, being Gazetted officers of Government, as it thinks fit, to be
registering officers for the purposes of this Chapter, and (b)
define the
limits within which a registering officer shall exercise the powers and
discharge the function conferred or imposed on him by or under this Chapter. (1)
Every
employer of a plantation, existing at the commencement of the Plantations
Labour (Amendment) Act, 1981 shall, within a period of sixty days for such
commencement, and every employer of any other plantation coming into existence
after such commencement shall, within a period of sixty days for the coming
into existence of such plantation, make an application to the registering
officer for the registration of such plantation: Provided
that the registering officer may entertain any such application after the
expiry of the period aforesaid if he is satisfied that the applicant was
prevented by sufficient cause from making the application within such period. (2)
Every
application made under sub-section (1) shall be in such form and shall contain
such particulars and shall be accompanied by such fees as may be prescribed. (3)
After the
receipt of an application under sub-section (1), the registering officer shall
register the plantation. (4)
Where a
plantation is registered under this section, the registering officer shall
issue a certificate of registration to the employer thereof in such form as may
be prescribed. (5)
Where, after
the registration of a plantation under this section, any change occurs in the ownership
or management or in the extent of the area or other prescribed particulars in
respect of such plantation, the particulars regarding such change shall be
intimated by the employer to the registering officer within thirty days of such
change in such form as may be prescribed. (6)
Where as a
result of any intimation received under sub-section (5), the registering
officer is satisfied that the plantation is no longer required to be registered
under this section, he shall, by order in writing, cancel the registration
thereof and shall, as soon as practicable cause such order to be published in
any one newspaper in the language of, and having circulation in , the area
where the plantation is situated. (1)
Any person
aggrieved by the order of a registering officer under sub-section (6) of
section 3B may, within thirty days of the publication of such order in the
newspaper under that sub-section, prefer an appeal to such authority as may be
prescribed: Provided
that the appellate authority may entertain an appeal under this sub-section
after the expiry for the aforesaid period if it is satisfied that appellant was
prevented by sufficient cause form preferring the appeal within such period. (2)
After the receipt
of an appeal under sub-section (1), the appellate authority may, after giving
the appellant, the employer referred to in sub-section (5) of section 3B and
the registering officer an opportunity of being heard in the matter, dispose of
the appeal as expeditiously as possible. (1)
The State
Government may, by notification in the Official Gazette, make rules to carry
out the purposes of this Chapter. (2)
In
particular, and without prejudice to the generality of the foregoing powers,
such rules may provide for all or any of the following matters, namely. (a)
the form of
application for the registration of a plantation, the particulars to be
contained in such application and the fees to be accompanied along with such
application; (b)
the form of
the certificate of registration; (c)
the
particulars regarding any change in respect of which intimation shall be given
by the employer to the registering officer under sub-section (5) of section 3B
and the form in which such change shall be intimated; (d)
the
authority to which an appeal may be preferred under section 3C and the fees
payable in respect of such appeal; (e)
the
registers to be kept and maintained by a registering officer."] (1)
The State
Government may, by notification in the Official Gazette, appoint for the State
a duly qualified person to be the chief inspector or plantations and so many
duly qualified persons to be inspectors or plantations subordinate to the chief
inspector as it thinks fit. [23][(1A) The State Government may also, by notification in the Official
Gazette, appoint such officers of the State Government or of any local
authority under its control, as it thinks fit, to be additional inspectors of
plantations for all or any of the purposes of this Act.] (2)
Subject to
such rules as may be made in this behalf by the State Government, the chief
inspector may declare the local area or areas within which, or the plantations
with respect to which, inspectors shall exercise their powers under this Act,
and may himself exercise the powers of an inspector within such limits as may
be assigned to him by the State Government. (3)
The chief
inspector and all inspectors shall be deemed to be public servants within the
meaning of the Indian Penal Code (Act ALVA of 1860). Subject to
any rules made by the State Government in this behalf, an inspector may within
the local limits for which he is appointed. (a)
make such
examination and inquiry as he thinks fit in order to ascertain whether the
provisions of this Act and of the rules made thereunder are being observed in
the case of any plantation; (b)
with such
assistants, if any, as he thinks fit, enter, inspect and examine any plantation
or part thereof at any reasonable time for purpose of carrying out the objects
of this Act; (c)
examine the
crops grown in any plantation or any worker employed therein or require the
production of any register or other document maintained in pursuance of this
Act, and take on the spot or otherwise statements of any person which he may
consider necessary for carrying out the purposes of this Act; (d)
exercise
such other powers as may be prescribed: Provided
that no person shall be compelled under this section to answer any question or
make any statement tending to incriminate himself. Every
employer shall afford the inspector all reasonable facilities for making any
entry, inspection, examination or inquiry under this Act. (1)
The State
Government may appoint qualified medical practitioners to be certifying
surgeons for the purposes of this Act within such local limits or for such
plantation or class of plantations as it may assign to them respectively. (2)
The certifying
surgeon shall carry out such duties as may be prescribed in connection with. (a)
the
examination and certification of workers; (b)
the exercise
of such medical supervisions as may be prescribed where adolescents [24][are], employed in any work in any plantation which is likely to clause
injury to their health. In every
plantation effective arrangement shall be made by the employer to provide and
maintain at convenient places in the plantation a sufficient supply of
wholesale drinking water for all workers. (1)
There shall
be provided separately for makes and females in every plantation a sufficient
number of latrines and urinals of prescribed type so situated as to be
convenient and accessible to workers employed therein. (2)
All latrines
and urinals provided under sub-section (1) shall be maintained in a clean and
sanitary condition. (1)
In every
plantation there shall be provided and maintained so as to be readily available
such medical facilities for the workers [25][and their families] as may be prescribed by the State Government. (2)
If in any
plantation medical facilities are not provided and maintained as required by
sub-section (1) the [26][State Government upon a request by the chief inspector] may cause to be
provided and maintained therein such medical facilities, and recover the cost
thereof from the defaulting employer. (3)
For the
purposes of such recovery the chief inspector may certify the costs to be
recovered to the collector, who may recover the amount as an arrear of
land-revenue. [STATE AMENDMENTS [Kerala [27][In Section 10 The
following Explanation shall be inserted, namely. "Explanation.
For the purpose of this section, "family", when used in relation to a
worker, means- (i)
his or her
spouse; (ii)
mentally
retarded children, minor legitimate or adopted son, unmarried legitimate or
adopted daughter of the worker dependent upon him or her, and includes the
parents of the worker dependent upon him or her.".]]] (1)
The State
Government may make rules requiring that in every plantation wherein one
hundred and fifty workers, are ordinary employed, one or more canteens shall be
provided and maintained by the employer for the case of the workers. (2)
Without
prejudice to the generality of the foregoing power, such rules provide for. (a)
the date by
which the canteen shall be provided; (b)
the number of
canteens that shall be provided and the standards in respect of construction,
accommodation, furniture and other equipment of the canteens; (c)
the
food-stuffs which may be served therein and the charges which may be made
therefore; (d)
the
constitution of a managing committee for the canteen and the representation of
the workers in the management of the canteen; (e)
the
delegation to the chief inspector, subject to such conditions as may be
prescribed, of the power to make rules under clause (c). [28][(1) In every plantation wherein fifty or more women workers (including
women workers employed by any contractor) are employed were employed on any day
of the preceding twelve months, or where the number of children or women
workers (including women workers employed by any contractor) is twenty or more,
there shall be provided and maintained by the employer suitable rooms for the
use of children of such women workers. Explanation.
For the purposes of this sub-section and sub-section (1A) "children"
means persons who are below the age of six years,;] [29][(1A) Notwithstanding anything contained in sub-section (1), if in
respect of any plantation wherein less than fifty women workers (including
women workers employed by any contractor) are employed or were employed on any
day of the preceding twelve months, or where the number of children of such
women workers is less than twenty, the State Government, having regard to the
number of children of such women workers deems it necessary that suitable rooms
for the use of such children should be provided and maintained by the employer,
it may, by order, direct the employer to provide and maintain such rooms and
thereupon the employer shall be bound to comply with such direction.] (2) [30][The rooms referred to in sub-section (1) or sub-section (1A)] shall-- (a)
provide
adequate accommodation; (b)
the
adequately lighted and ventilated; (c)
be
maintained in a clean and sanitary condition; and (d)
be under the
charge of a woman trained in the care of children and infants. (3) ??The State Government may
make rules prescribing the location and the standards of [31][The rooms referred to in sub-section (1) or sub-section (1A)] in
respect of their construction and accommodation and the equipment and amenities
to be provided therein. The State
Government may make rules requiring every employer to make provisions in his
plantation for such recreational facilities for the workers and children
employed therein as may be prescribed. Where the
children between the ages of six and twelve of workers employed in any
plantation exceed twenty-five in number, the State Government may make rules
requiring every employer to provide educational facilities for the children in
such manner and of such standard as may prescribed. [32][15. Housing facilities It shall be
the duty of every employer to provide and maintain necessary housing
accommodation- (a)
for every
worker (including his family) residing in the plantation; (b)
for every
worker (including his family) residing outside the plantation, who has put in
six months of continuous service in such plantation and who has expressed a
desire in writing to reside in the plantation: Provided
that the requirement of continuous service of six months under this clause
shall not apply to a worker who is a member of the family of a decreased worker
who, immediately before his death, was residing in the plantation.] The State
Government may make rules for the purpose of giving effect to the provisions of
section 15 and, in particular providing for. (a)
the standard
and specification of the accommodation to be provided; (b)
the
selection and preparation of sites for the construction of houses and the size
of such plot; (c)
the
constitution of advisory boards consisting of representatives of the State
Government, the employer and the workers for consultation in regard to matters
connected with housing and the exercise by them of such powers, functions and
duties in relation thereto as may be specified; (d)
the fixing
of rent, if any, for the housing accommodation provided for workers; (e)
the
allotment to workers and their families of housing accommodation and of
suitable strips of vacant land adjoining such accommodation for the purpose of
maintaining kitchen gardens, [33][***] and for the eviction of workers and their families from such
accommodation; (f)
access to
the public to those parts of the plantation wherein the workers are housed. STATE AMENDMENTS TAMIL NADU - [34][Section 16 of the Plantations Labour Act, 1951 (Central Act LXIX of
1951) shall be re-numbered as sub-section (1) of that section and after
sub-section (1) as so renumbered, the following sub-section shall be added,
namely. "(2) The authority specified in the rules made under clause (e) of
sub-section (1) to order eviction of any worker from his accommodation provided
by the employer, shall have the same powers as are vested in a Civil Court
under the Code of Civil Procedure, 1908 (Central Act V of 1908) in ordering
such eviction.] [35][16A. Liability of employer in respect of accidents resulting form
collapse of houses provided by him. (1)
If death or
injury is caused to any worker or a member of his family as a result of the
collapse of a house provided under section 15, and the collapse is not slowly
and directly attributable to a fault on the part of an occupant of the house or
to a natural calamity, the employer shall be liable to pay compensation. (2)
The
provisions of section 4 of, and Schedule IV to, the Workmen's Compensation Act,
1923, as in force of the time being, regarding the amount of compensation
payable to a workman under that Act shall, so far as may be, apply for the
determination of the amount of compensation payable under sub-section (1). The State
Government may, by notification in the Official Gazette, appoint as many
persons, possessing the prescribed qualifications, as it thinks fit, to be
Commissioners to determine the amount of compensation payable under section 16A
and may define the limits within which each such Commissioners shall exercise
the powers and discharge the functions conferred or imposed on him by or under
this Act. (1)
An
application for payment of compensation under section 16A may be made to the
Commissioner- (a)
by the
person who has sustained the injury; or (b)
by any agent
duly authorised by the person who has sustained the injury; or (c)
where the
person who has sustained the injury is a minor, by his guardian; or (d)
where death
has resulted out of the collapse of the house, by any dependent of the deceased
or by any agent duly authorised by such dependent or, if such dependent is a
minor, by his guardian. (2)
Every
application for compensation under this section shall be entertained unless it
is made within six months of the collapse of the house: Provided
that the Commissioner may, if he is satisfied that the applicant was prevented
by sufficient cause from making the application within the aforesaid period of
six months, entertain such application within a further period of six months. Explanation-
In this section, the expression "dependent" has the meaning assigned
to it in clause (d) of section 2 of the Workmen's Compensation Act,
1923. (1)
On receipt
of an application under section 16C, the Commissioner may make an inquiry into
the matter covered by the application. (2)
In
determining the amount of compensation payable under section 16A, the
Commissioner may, subject to any rules that may be made in this behalf, follow
such summary procedure as he thinks fit. (3)
The
Commissioner shall have all the powers of a civil court while trying a suit
under the Code of Civil Procedure, 1908 in respect of the following matters,
namely. (a)
summoning
and enforcing the attendance of any person and examining him on oath; (b)
requiring
the discovery and production any document; (c)
receiving
evidence on affidavits; (d)
requisitioning
any public record or copy thereof from any court or office; (e)
issuing
commissions for the examination of witnesses of documents; (f)
any other matter
which may be prescribed. (4)
Subject to
any rules that may be made in this behalf, the Commissioner may, for the
purpose of determining any claim of compensation, choose one or more persons
possessing special knowledge of any matter relevant to the inquiry to assist
him in holding the inquiry. (1)
Any question
as to the liability of an employer to pay compensation under section 16A, or as
to the amount thereof,. or as to the person to whom such compensation is
payable, shall be decided by the Commissioner. (2)
Any person
aggrieved by a decision of the Commissioner refusing to grant compensation, or
as to the amount of compensation granted to him, or to the apportionment
thereof, may prefer an appeal to the High Court having jurisdiction over the
place where the collapse of the house has occurred, within ninety days of the
communication of the order of the Commissioner to such person: Provided
that the High Court may entertain any such appeal after the expiry of the
period aforesaid it is satisfied that the appellant was prevented by sufficient
cause from preferring the appeal within such period: Provided
further that nothing in this sub-section shall be deemed to authorise the High
Court to grant compensation in excess of the amount of compensation payable
under section 16A. (3)
Subject to
the decisions of the High Court in cases in which an appeal is preferred under
sub-section (2), the decision of Commissioner under sub-section (1) shall be
final and shall not be called in question in any court. The right of
any person to claim compensation under section 16A shall be without prejudice
to the right of such person to recover compensation payable under any other law
for the time being in force; but no person shall be entitled to claim
compensation more that once in respect of the same collapse of the house. (1)
The State
Government may, by notification in the Official Gazette, make rules for giving
effect to the provisions of sections16A to 16F (both inclusive). (2)
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for- (i)
the
qualifications and conditions for service of Commissioners; (ii)
the manner
in which claims for compensation may be inquired into and determined by the
Commissioner; (iii)
the matters
in respect of which any person may be chosen to assist the Commissioner under
section 16D and the functions that may be performed by such person; (iv)
generally
for the effective exercise of any powers conferred on the Commissioner.'] The State
Government may make rules requiring that in every plantation the employer shall
provide the workers with such number and type of unbrellas, blankets, rain
coats or other like amenities for the protection of workers from rain or cold
as may be prescribed. (1)
In every
plantation wherein three hundred or more workers are ordinarily employed the
employer shall company such number of welfare officers as may be prescribed. (2)
The State
Government may prescribe the duties, qualifications and conditions of service
of officers employed under sub-section (1). [STATE
AMENDMENTS [Kerala [36][In Section 18 The following
sub-section shall be inserted, namely: "(1A) If in any plantation, welfare officers are not employed as
required by the rules made under sub-section (1), the chief inspector may
appoint the required number of welfare officers and thereupon such officers
shall be deemed to have been employed by the employee under sub-section (1): Provided
that before appointing welfare officers under this sub-section the employer
shall be given an opportunity of being heard.]]] (1)
[37][In every plantation, effective arrangements shall be made by the
employer to provide for the safety of workers in connection with the use,
handling, storage and transport of insecticides, chemicals and toxic
substances. (2)
The State
Government may make rules for prohibiting or, restricting employment of women
or adolescents in using or handling hazardous chemicals. (3)
The employer
shall appoint persons possessing the prescribed qualifications to supervise the
use, handling, storage and transportation of insecticides, chemicals and toxic
substances in his plantation. (4)
Every
employer shall ensure that every worker in plantation employed for handling,
mixing, blending and applying insecticides, chemicals and toxic substances, is
trained about the hazards involved in different operations in which he is
engaged, the various safety measures and safe work practices to be adopted in
emergencies arising from spillage of such insecticides chemicals and toxic
substances and such other matters as may be prescribed by the State Government. (5)
Every worker
who is exposed to insecticides, chemicals and toxic substances shall be
medically examined periodically, in such manner as may be prescribed, by the
State Government. (6)
Every
employer shall maintain health record of every worker who is exposed to
insecticides, chemicals and toxic substances which are used, handled, stored or
transported in a plantation, and every such worker shall have access to such
record. (7)
Every
employer shall provide. (a)
washing,
bathing and clock room facilities; and (b)
protective
clothing and equipment, to every worker engaged in handling insecticides,
chemicals or toxic substances in such manner as may be prescribed by the State
Government. (8)
Every
employer shall display in the plantation a list of permissible concentrations
of insecticides, chemicals and toxic substances in the breathing zone of the
workers engaged in the handling and application of such insecticides, chemicals
and toxic substances. (9)
Every
employer shall exhibit such precautionary notices as may be prescribed by the
State Government indicating the hazards of insecticides, chemicals and toxic
substances.] [STATE AMENDMENTS [Kerala [38][In Section 18A The
following section shall be inserted, namely. "18A. Chief Inspector to provide facilities on default by employer. (1)
If in any
plantation, facilities are not provided or maintained by the employer as
required by section 8 or section 9 or section 12 or section 15 or the rules
made under section 11 or section 14 or section 17, the chief inspector may
cause to be provided or maintained therein such facilities and recover the cost
thereof from the defaulting employer: Provided
that before providing or maintaining such facilities the employer shall be
given an opportunity of being heard. (2)
For the
purpose of the recovery of the cost under sub-section (1} the chief inspector
may certify the amount to be recovered to the Collector, who may thereupon
recover such amount as an arrear of land revenue.".]]] (1)
[39][The State Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this Chapter. (2)
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely. (a)
the
restriction on employment of women and adolescents for handling hazardous
chemicals under sub-section (2) of section 18A; (b)
the
qualifications of supervisor appointed under sub-section (3) of section 18A; (c)
the matters
for training of workers under sub-section (4) of section 18A; (d)
the medical
examination of workers under sub-section (5) of section 18A; (e)
the
facilities and equipment to be provided to the workers engaged in handling
insecticides, chemicals and toxic substances under sub-section (7) of section
18A; (f)
the
precautionary notices to be exhibited under sub-section (9) of section 18A.] [40][(1)] Save as otherwise expressly provided in this Act, no adult worker
shall be required or allowed to work on any plantation in excess of [41][forty-eight hours] a week and no adolescent [42][***] for more than [43][twenty seven hours] a week. [44][(2) Where an adult worker works in any plantation on any day in excess
of the number of hours constituting a normal working day or for more than
forty-eight hours in any week, he shall, respect of such overtime work, be
entitled to twice the rates of ordinary wages. Provided
that no such worker shall be allowed to work for more that nine hours on any
day and more than fifty-four hours in any week. (3) For any work done on any closed holiday in the plantation or on any
day of rest, worker shall be entitled to twice the rates of ordinary wages as
in the case of overtime work.] (1)
The State
Government may by rules made in this behalf. (a)
provide for
a day of rest in every period of seven days which shall be allowed to all
workers; (b)
[45][provide for the conditions subject to which, and
the circumstances in which, an adult worker may be required or allowed to work
overtime.] (2)
Notwithstanding
anything contained in clause (a) of sub- section (1) Where a worker is willing
to work on any day of rest which is not a closed holiday in the plantation,
nothing contained in this section shall prevent him from doing so: Provided that in so doing a worker does not work for more than ten days
consecutively without a holiday for a whole day intervening. Explanation 1. Where on any day a worker has been prevented from working
in any plantation by reason of tempest, fire, rain or other natural causes,
that day, may, if he so desires, be treated as his day of rest for the relevant
period of seven days within the meaning of sub-section (1). Explanation 2. Nothing contained in this section shall apply to any
worker whose total period of employment including any day spent on leave is
less than six days. The period of work on each day shall be so fixed that no period shall
exceed five hours and that no worker shall work for more than five hours before
he has had an interval for rest for at least half an hour. The period of work of an adult worker in a plantation shall be so
arranged that inclusive of this interval for rest under section 19 it shall not
spread-over more than twelve hours including the time spent in waiting for work
on any day. (1)
There shall
be displayed and correctly maintained in every plantation a notice of periods
of work in such form and manner as may be prescribed showing clearly for every
day the periods during which the workers may be required to work. (2)
Subject to
the other provisions contained in this Act, no worker shall be required or
allowed to work in any plantation otherwise than in accordance with the notice
of periods of work displayed in the plantation. (3)
An employer
may refuse to employ a worker for any day if on that day he turns up for work
more than half an hour after the time fixed for the commencement of the day's
work. [46][No child shall be employed to work in any
plantation] Except with the permission of the State Government, no woman [47][***] worker shall be employed in any plantation
otherwise than between the hours of 6 A.M. and 7 P.M.: Provided that nothing in this section shall be deemed to apply to
midwives and nurses employed as such in any plantation. No [48][***] no adolescent shall be required or allowed to
work if any plantation unless- (a)
a
certificate of fitness granted with reference to him under section 27 is in the
custody of the employer; and (b)
such [49][***] adolescent carries with him while he is at
work a token giving a reference to such certificate. (1)
A certifying
surgeon, shall on the application of any young person or his parent or guardian
accompanied by a document signed by the employer or any other person on his
behalf that such person will be employed in the plantation if certified to be
fit for work, or on the application of the employer or any other person on his
behalf with reference to any young person intending to work, examine such
person and ascertain his fitness for work [50][***] as an adolescent. (2)
A
certificate of fitness granted under this section shall be valid for a period
of twelve months from the date thereof, but may be renewed. (3)
Any fee
payable for a certificate under this section shall be paid by the employer and
shall not be recoverable from the young person, his parents or guardian. An inspector
may, if he thinks necessary so to do, cause any young person employed in a
plantation to be examined by a certifying surgeon. (1)
The
provisions of this Chapter shall not operate to the prejudice of any rights to
which a worker may be entitled under any other law or under the terms of any
award, agreement, or contract of service: Provided
that where such agreement or contract of service provides in section 30,
include weekly holidays or holidays for festivals or other similar occasions. Explanation. For the purposes of this Chapter leave shall not, except as
provided in section 30, include weekly holidays or holidays for festivals or
other similar occasions. (1)
Every worker
shall be allowed leave with wages for a number of days calculated at the rate
of. (a)
if an adult,
one day for every twenty days of work performed by him, and (b)
if a young
person, one day for every fifteen days of work performed by him: (c)
[51][ ***] [52][Explanation. [53][
I] For the purposes of calculating leave under this sub-section, (a)
any day on
which no work or less than half a days work is performed shall not be counted.;
and (b)
any day on
which half or more than half a day's work is performed shall be counted as one
day'] [54][Explanation 2- The leave admissible under this sub-section shall be
exclusive of all holidays, whether occurring during or at either end of, the
period of leave.] (2)
If a worker
does not in any one period of twelve months take the whole of the leave allowed
to him under sub-section (1) any leave not taken by him shall be added to the
leave t be allowed to him under that sub-section in succeeding period of twelve
months. (3)
A worker
shall cease to earn any leave under this section when the earned leaved due to
him amounts to thirty days. (4)
[55][If the employment of a worker who is entitled to leave under this
section is terminated by the employer before he has taken the entire leave to
which he is entitled, the employer shall pay him the amount payable under
section 31 in respect of the leave not taken, and such payment shall be made
before the expiry of the second working day after such termination] [56][(1) For the leave allowed to a worker under section 30, he shall be
paid, (a)
if employed
wholly on a time-rate basis, at a rate equal to the daily wage payable to him
immediately before the commencement of such leave under any law of under the
terms of any award agreement or contract of service, and (b)
in other
cases, including cases where be is, during the preceding twelve calendar
months, paid partly on a time-rate basis and partly on a piece-rate basis, at
the rate of the average daily wage calculated over the preceding twelve calendar
months. Explanation.
For the purpose of clause (b) of sub-section (1), the average daily wage shall
be computed on the basis of his total full-time earnings during the preceding
twelve calendar months, exclusive of any over-time earnings or bonus, if any,
but inclusive of dearness allowance. (1A) In addition to the wages for the leave period at the rates
specified in sub-section (1), a worker shall also be paid the cash value of
food and other concessions, if any, allowed to him by the employer in addition
to his daily wages unless these concessions are continued during the leave
period.] (2) A worker who has been allowed leave for [57][any
period not less, than] four days in the case of an adult and five days in the
case of a young person under section 30 shall, before his leave begins, be paid
his wages for the period of the leave allowed. (1)
Subject to
any rules that may be made in this behalf, every worker shall be entitled to
obtained from his employer. [58][***] in the case of sickness certified by a qualified medical
practitioner, sickness allowance, [59][***] [60][***] at such rate, for such period and at such intervals as may be
prescribed. (2)
The State
Government may make rules regulating the payment of sickness [61][***]
allowance and any such rules may specify the circumstances in which such
allowance shall not be payable or shall cease to be payable, and in framing any
rules under this section the State Government shall have due regard to the
medical facilities that may be provided by the employer in any plantation. [62][CHAPTER VIA ACCIDENTS Where in any
plantation, an accident occurs causes death or which causes any dodily injury
to a worker by reason of which the worker injured is prevented from working for
a period of forty-eight hours or more immediately following the accident, or
which is of such a nature as may be prescribed in this behalf, the employer
thereof shall sent notice thereof to such authorities, in such form, and within
such time, as may be prescribed. The employer
shall maintain a register of all accidents which occur in the plantation in
such form and in such manner as may be prescribed.] [63][The employer shall give compensation to a worker in plantation in case
of accident and the memorandum relating to such compensation shall be got
registered by the employer with the Commissioner in accordance with the
provisions of the Workmen's Compensation Act, 1923.] (1)
Whoever
obstructs an inspector in the discharge of his duties under this Act or refuses
or wilfully neglects to afford the inspector any reasonable facility or making
any inspection, examination or inquiry authorised by or under this Act in
relation to any plantation, shall be punishable with imprisonment for a term
which may extend to [64][six
months, or with fine which may extend to ten thousand rupees, or with both]. (2)
Whoever wilfully
refuses to produce on the demand of an inspector any register or other document
kept in pursuance of this Act or prevents or attempts to prevent or does
anything which he has reason to believe is likely to prevent any person from
appearing before or being examined by an inspector acting in pursuance of his
duties under this Act, shall be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to five hundred
rupees, or with both. Whoever
knowingly uses or attempts to use as a certificate of fitness granted to
himself under section 27 a certificate to another person under that section, or
having been granted a certificate of fitness to himself, knowingly allows it to
be used, or allows an attempt to use it to be made by another person, shall be
punishable with imprisonment which may extend to [65][two
months, or with fine which may extend to one thousand rupees, or with both]. Whoever,
except at otherwise permitted by or under this Act, contravenes any provision
of this Act or of any rules made thereunder, prohibiting, restricting or
regulating the employment of persons in a plantation, shall be punishable with
imprisonment for a term which may extend to [66][six
months, or with fine which may extend to ten thousand rupees, or with both]. Whoever
contravenes any of the provisions of this Act or of any rules made thereunder
for which no other penalty is elsewhere provided by or under this Act shall be
punishable with imprisonment for a term which may extend to [67][six
months, or with fine which may extend to ten thousand rupees, or with both]. If any
person who has been convicted of any offence punishable under this Act is again
guilty of an offence involving a contravention of the same provision, he shall
be punishable on a subsequent conviction with imprisonment which may extend
to [68][one
year, or with fine which shall not be less than ten thousand rupees but which
may extend to one lakh rupees, or with both]: Provided
that for the purposes of this section no cognizance shall be taken of any
conviction made more than two years before the commission of the offence which
is being punished. [69][37A. Power of court to make orders (1)
Where an
employer is convicted of an offence punishable under section 36, the court may,
in addition to awarding any punishment by order in writing, require him within
such period as may be specified in the order (which the court may, if it thinks
fit and, on an application, made in this behalf by the employer, from time to
time, extend) to take such measures as may be so specified for remedying the
matters in respect of which offence was committed. (2)
Where an
order is made under Sub-section (1), the employer shall not be liable under
this Act in respect of the continuation of the offence during the period or
extended period, as the case may be, specified by the court, but if, on the
expiry of such period or extended period, the order of the court has not been
fully complied with, the employer shall be deemed to have committed a further
offence and he shall, on conviction, be punishable with imprisonment for a term
which may extend to six months and with fine which may extend to three hundred
rupees for every day after such expiry.] Where an
employer charged with an offence under this Act, alleges that another person is
the actual offender, he shall be entitled upon complaint made by him in this
behalf, to have, on giving to the prosecutor in this behalf three clear days
notice in writing of his intention so to do, that other person brought before
the court on the day appointed for the hearing of the case and if, after the
commission of the offence has been proved, the employer proves to the
satisfaction of the court that. (a)
he has used
due diligence to enforce the execution of the relevant provisions of this Act;
and (b)
that the
other person committed the offence in question without his knowledge, consent
or connivance: (c)
the said
other person shall be convicted of the offence and shall be liable to the like
punishment as if he were the employer and the employer shall be acquitted: Provided
that. (a)
the employer
may be examined on oath his evidence and that of any witness whom he calls in
his support shall be subject to cross-examination on behalf of the person he
charges to be the actual offender and by the prosecutor, and (b)
if, in spite
of due diligence, the person alleged as the actual offender cannot be brought
before the court on the day appointed for the hearing of the case, the court
shall adjourn the hearing thereof from time to time so, however, that the total
period of such adjournment does not exceed three months, and if, by the end of
the said period, the person alleged as the actual offender cannot still be
brought before the court, the court shall proceed to hear the case against the
employer. [70][No court shall take cognizance of any offence under this Act except on
a complaint made by any worker or an office bearer of a trade union of which
such worker is a member or an inspector and no court inferior to that of a
metropolitan magistrate or a judicial magistrate of the first class shall try
any offence punishable under this Act.] [71][No suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or intended to be done under
this Act.] No court
shall take cognizance of an offence punishable under this Act unless the
complaint thereof has been made or is made within three months from the date on
which the alleged commission of the offence came to the knowledge of an
inspector: Provided
that where the offence consists of disobeying a written order made by an
inspector, complaint thereof may be made within six months of the date on which
the offence is alleged to have been committed. The Central
Government may give directions to the Government of any State as to the
carrying into execution in the State of the provisions contained in this Act. The State
Government may, by order in writing, exempt, subject to such conditions and
restrictions as it may think fit to impose, any employer or class of employers
from all or any of the provisions of this Act: Provided
that no such exemption [72][other
than an exemption from section 19] shall be granted except with the previous
approval of the Central Government. (1)
The State
Government may, subject to the condition of previous publication, make rules to
carry out the purposes of this Act: Provided
that the date to be specified under clause (3) of section 23 of the
General Clauses Act, 1897 (X of 1897) shall not be less than six weeks from the
date on which the draft of the proposed rules was published. (2)
In
particular and without prejudice to the generality of the foregoing power, any
such rules may provide for. (a)
the
qualifications required in respect of the chief inspector and inspector; (b)
the powers
which may be exercised by inspectors and the areas in which and the manner in
which such powers may be exercised; (c)
the medical
supervision which may be exercised by certifying surgeons; (d)
the
examination by inspectors or other persons of the supply and distribution of
drinking water in plantations; (e)
appeals from
any order of the chief inspector or inspector and the form in which, the time
within which and the authorities to which, such appeals may be preferred; (f)
the time
within which housing, recreational, educational or other facilities required by
this Act to be provided and maintained may be so provided; (g)
the types of
laterines and urinals that should be maintained in plantations; (h)
the medical
recreational and educational facilities that should be provided in plantations; (i)
the form and
manner in which notices of period or work shall be displayed and maintained. (j)
the registers
which should be maintained by employers and the returns, whether occasional or
periodical, as in the opinion of the state Government may be required for the
purposes of this Act; [73][***] (k)
the hours of
work for a normal working day for the purpose of wages and the overtime. (l)
[74][any other matter which is required to be or, maybe prescribed] (3)
[75][Every rule made by the State Government under this Act shall, as soon
as may be after it is made, be laid before the State Legislature.] (4)
[76][***] [1] Section 4 substituted by The Plantations Labour (Amendment) Act,
1960, w.e.f 13-09-1960. Prior to substitution section 4 stood as follows "(4) It
applies in the first instance to all tea, coffee, rubber and cinchona
plantations, but any State Government may, subject, to the previous approval of
the Central Government, by notification in the Official Gazette, apply it to
any other class of plantations within that State." [2] Substituted for "or Cinchona" by The Plantation Labour
(Amendment) Act, 1981, w.e.f 29-12-1981 [3] Substituted for "10.117 hectares" by The Plantation
Labour (Amendment) Act, 1981, w.e.f 29-12-1981 [4] Substituted for "thirty" by The Plantation Labour
(Amendment) Act, 1981, w.e.f 29-12-1981 [5] Substituted for "10.117 hectares" by The Plantation
Labour (Amendment) Act, 1981, w.e.f 29-12-1981 [6] Substituted for "thirty" by The Plantation Labour
(Amendment) Act, 1981, w.e.f 29-12-1981 [7] Inserted by The Plantation Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [8] Substituted for "10.117 hectares" by The Plantation
Labour (Amendment) Act, 1981, w.e.f 29-12-1981 [9] Substituted for "thirty" by The Plantation Labour
(Amendment) Act, 1981, w.e.f 29-12-1981 [10] Substituted for "10.117 hectares" by The Plantation
Labour (Amendment) Act, 1981, w.e.f 29-12-1981 [11] Substituted for "thirty" by The Plantation Labour
(Amendment) Act, 1981, w.e.f 29-12-1981 [12] Inserted by the Plantations Labour (Amendment) Act, 2010. [13] Inserted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960 [14] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "and
includes, where the worker is a male, his parents dependent upon him" [15] Inserted by The Plantation Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [16] Substituted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960. prior to substitution section 2 (f) stood as follows: "plantation
means any land used or intended to be used for growing tea, coffee, rubber, or
cinchona, which admeasures twenty-five acres or more and whereon thirty or more
persons are employed, or where employed on any day of the preceding twelve
months, and in any State where the provisions of this Act, have been applied by
notification under sub-section (4) of section 1 to any other class of
plantations, means also any land used or intended to be used for growing the
plant mentioned in such notification and whereon thirty or more persons are
employed, or were employed on any day of the preceding twelve months" [17] Substituted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960. Prior to substitution section 2 (h) stood as follows: "qualified
medical practitioner means a person having a certificate granted by an
authority specified in the Schedule to the Indian Medical Degrees Act,
1916 (VII of 1916), or in the Schedules to the Indian Medical Council Act,
1933 (XXVII of 1933) and also persons having certificates granted under the
different State (Provincial) Medical Council Act," [18] Substituted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960. Prior to substitution section 2 (k) stood as follows: "worker
means a person employed in a plantation for hire or reward, whether directly or
through any agency, to do any work, skilled, unskilled, manual or clerical, but
does not include - (a) a
medical officer at the plantations; (b) any
person whose monthly wages exceed three hundred rupees; or (c) a person
employed in a plantation primarily in a management capacity notwithstanding
that his monthly wages do not exceed rupees three hundred;" [19] Inserted by the Plantations Labour (Amendment) Act, 2010. [20] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "[rupees
seven hundred and fifty]" [21] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "managerial
capacity, notwithstanding that his monthly wages do not exceed [rupees
seven hundred and fifty]" [22] Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [23] Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [24] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "and
children are, or are to be" [25] Inserted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960 [26] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following:- "chief
inspector" [27] Inserted by Plantations Labour (Kerala Amendment) Act, 1998. [28] Substituted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981. Prior to substitution section 12 stood as follows: "In
every plantation wherein fifty or more women workers are employed or were
employed on any day of the preceding twelve months, there shall be provided and
maintained by the employer suitable rooms for the use of children of such women
who are below the age of six years." [29] Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [30] Substituted for "such rooms" by The Plantations Labour
(Amendment) Act, 1981, w.e.f 29-12-1981 [31] Substituted for "such rooms" by The Plantations Labour
(Amendment) Act, 1981, w.e.f 29-12-1981 [32] Substituted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981. Prior to substitution section 15 stood as follows: "15.
Housing facilities. It shall be
the duty of every worker and his family residing in the plantation necessary
housing accommodation" [33] Words "the definition of what constitutes the family of a worker
for the purpose of section 15" Omitted by The Plantations Labour
(Amendment) Act, 1960, w.e.f 13-09-1960. [34] Inserted vide Plantations Labour (Tamil Nadu Amendment) Act, 1996. [35] Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [36] Inserted by Plantations Labour (Kerala Amendment) Act, 1969. [37] Inserted by the Plantations Labour (Amendment) Act, 2010. [38] Inserted by Plantations Labour (Kerala Amendment) Act, 1969. [39] Inserted by the Plantations Labour (Amendment) Act, 2010. [40] Section 19 renumbered as sub-section (1) thereof by The Plantations
Labour (Amendment) Act, 1981, w.e.f 29-12-1981 [41] Substituted for "fifty four hours" by The Plantations
Labour (Amendment) Act, 1981, w.e.f 29-12-1981 [43] Substituted for "forty hours" by The Plantations Labour
(Amendment) Act, 1981, w.e.f 29-12-1981 [44] Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [45] Substituted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981. Prior to substitution section 20 (b) stood as follows: "(b)
provide for payment for work done on a day of rest at a rate not less than the
overtime rate prevailing in the area, and where there is no such rate as may be
fixed by the State Government in this behalf." [46] Inserted by the Plantations Labour (Amendment) Act, 2010. [48] Omitted by the Plantations Labour (Amendment) Act, 2010 for
the following: - "child [ ***] and" [49] Omitted by the Plantations Labour (Amendment) Act, 2010 for
the following: - "child or" [50] Omitted by the Plantations Labour (Amendment) Act, 2010 for
the following. "either
as a child or" [51] Words "Provided that a period of leave shall be inclusive of any
holiday which may occur during such periods" Omitted by
The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981 [52] Inserted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960 [53] Inserted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960 [54] Explanation renumbered as Explanation I and Explanation 2 added by
The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981 [55] Inserted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960 [56] Substituted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960. Prior to substitution section 31 (1) stood as follows: "(1)
For the leave allowed to a worker under section 30 he shall be paid at the rate
equal to the daily average of his total full time wages, exclusive of any ever
time earnings and bonus, if any, but inclusive of dearness allowances and the
cash equivalent of any advantages accruing by the concessional supply by the
employer of food grains for the day on which he worked." [57] Substituted for "any period less than" by Repealing and
Amending Act, 1953 (42 of 1953) w.e.f 23-12-1953 [58] Letter and brackets "a", word 'and' at the end of clause and
clause (b) omitted by Maternity Benefit Act, 1961 (53 of 1961),
Section 29 [59] Letter and brackets "a", word 'and' at the end of clause and
clause (b) omitted by Maternity Benefit Act, 1961 (53 of 1961),
Section 29 [60] Letter and brackets "a", word 'and' at the end of clause and
clause (b) omitted by Maternity Benefit Act, 1961 (53 of 1961),
Section 29 [61] Words "or maternity" omitted by, Maternity Benefit Act,
1961 (53 of 1961), Section 29 [62] Inserted by the Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [63] Inserted by the Plantations Labour (Amendment) Act, 2010. [64] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "three
months, or with fine which may extend to five hundred rupees, or with
both." [65] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "one
month, or with fine which may extent to fifty rupees, or with both" [66] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "three
months, or with fine which may extend to five hundred rupees, or with
both." [67] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "three
months, or with fine which may extend to five hundred rupees, or with
both." [68] Substituted by the Plantations Labour (Amendment) Act, 2010 for
the following. "six
months or with fine which may extend to one thousand rupees, or with both" [69] Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [70] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "No
court shall take cognizance of any offence under this Act except on complaint
made by, or with the previous sanction in writing of, the chief inspector and
no court inferior to that of a presidency magistrate or a magistrate of the
second class shall try any offence punishable under this Act." [71] Inserted by the Plantations Labour (Amendment) Act, 2010. [72] Inserted by The Plantations Labour (Amendment) Act, 1960, w.e.f
13-09-1960 [73] Word" and" omitted by The Plantations Labour (Amendment)
Act, 1981, w.e.f29-12-1981 [74] Inserted by the Plantations Labour (Amendment) Act, 1981, w.e.f
29-12-1981 [75] Substituted by the Plantations Labour (Amendment) Act,
2010 for the following. "(3)
All rules made under this Act shall, if made by any Government, other than the
Central Government, be subject to the previous approval of the Central
Government." [76] Omitted
By THE REPEALING AND AMENDING
(SECOND) ACT, 2017 ACT (NO. 4 OF 2018).PLANTATIONS
LABOUR ACT, 1951 (Amended Upto 2017)
PREAMBLE