THE KERALA PLANTATION LABOR RULES, 1959

[1][THE KERALA PLANTATION LABOR RULES, 1959]

CHAPTER I - PRELIMINARY

Rule - 1. Short Title, extent and commencement.

(1)     these rules may be cited as the Kerala Plantations Labor Rules 1959.

(2)     These rules shall extend to the whole of the state of Kerala .

(3)     These rules shall come into force at once except as other wise specifically provided.

Rule - 2. Definition.

In these rules, unless there is anything repugnant in subject or context-

(a)      "Act" means the plantations Labor 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 "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.

[2][(ff) "Registering officer" means an officer appointed under section 3a of the Act]

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

(h)     All other words and expressions used herein and not defined shall have the meaning respectively assigned to them under the Act.

[3][CHAPTER 1A - REGISTRATION OF PLANTATIONS

Rule - 2A. Application for Registration of plantations.

(1)     An application for Registration of plantation shall be made in form No. 17 in duplicate to the Registering officer, accompanied by a treasury receipt under which the fee prescribed under sub-rule of this rule has been deposited.

(2)     The employer shall pay the fee by depositing into a treasury in Kerala under the Head of account in force from time to time on the rates given below: -

Fee for registration for plantation with an area of:

(3)     The Registering officer satisfying himself that the application is in order that the plantation is eligible to be registered shall register the plantation in the register to be maintained by him in form No. 20

(4)     The Registering officer shall issue a certificate of Registration to the employer in form No. 18

Rule - 2B.

[4][xxx]

Rule - 2C.

[5][xxx]

Rule - 2D. Amendment of Certificate of Registration.

(1)     The certificate of registration granted under sub-rule (4) of rule 2A may be amended by the Registering officer.

(2)     The fee for the amendment of the certificate of Registration shall be Rs. 25 plus the amount if any by which the fee that would have been payable if the certificate of Registration has been issued in the amended form exceeds the fee originally paid for the certificate of Registration.

(3)     Procedure for making the application for amendment of the certificate of Registration shall be the same as prescribed in these rules for the registration of a plantation

Rule - 2E. Issue of Duplicate Certificate of Registration.

(1)     A fee of Rs. 50 shall be payable for the issue of duplicate copy of certificate of Registration on an application by employer.

(2)     All fees to be paid under these rules shall be remitted in the local treasury under the respective head of account in the force from time to time and the receipt obtained shall be submitted along with the application.

Rule - 2F.

(i)       The certificate of Registration granted by the Registering officer shall be exhibited in a conspicuous place in the office of the plantation.

(ii)      Any change occurring in the Application form for registration shall be intimated by the employer to the Registering officer in form No. 19.

Rule - 2G. Appeal.

Any person aggrieved by the order of the Registering officer under sub-section {6) of section 3 B may within 30 days of publication of such order in the newspaper prefer an appeal to the Labor Commissioner.

Rule - 2H. Procedure for appeal.

(1)     (a) 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 authorized agent and presented to the Appellate Authority in person or sent to him by registered post.

(b) The memorandum shall be accompanied by a certified copy of the order appealed from, which shall be supplied to him by the Registering Officer free of cost.

(c) The memorandum shall set forth concisely and under distinct head grounds of appeal against the order appealed from.

(2)     Where the memorandum dose not comply with the provisions of sub-rule (1) of this rule, it may be rejected or returned to the appellant for the purpose of being amended within the time to be fixed by the Appellate Authority.

 

(3)     Where the Appellate Authority rejects the memorandum of appeal under sub-rule (2) on the ground of limitation shall record the reasons for such rejections and communicate the order to the appellant.

 

(4)     Where the memorandum of appeal is in order, the Appellate Authority shall admit the appeal, endorse, there on the date of presentation and shall register the appeal in the register to be kept for the purpose called the register of Appeals.

 

(5)     When the appeals has been admitted, the Appellate Authority shall call for the records from the Registering, officer.

 

(6)     On receipt of the records the Appellate Authority shall sent a notice to the appellant to appear before him at such date, time and place as may be specified in the notice for hearing of appeal.

 

(7)     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 decide the appeal exparte on merits.

 

(8)     (a) Where an appeal has been dismissed under sub-rule 7 of this rule, the appellant may apply to the Appellate Authority for the re- admission of the appeal and where it is proved that he was prevented by sufficient cause from appearing when the appeal was taken up for hearing, the Appellate Authority shall restore the appeal on its original number.

(b) Such an application shall, unless the Appellate Authority extends the time for sufficient reason, be made within 30 days of the date of dismissal.

(9)     If the appellant is present when the appeal is taken up for hearing the Appellate Authority shall proceed to hear the appellant or his authorized agent and any other person summoned by him for this purpose and pronounce his decision on the appeal either confirming, reversing or varying the order appealed from.

(10)   (a) The order of the Appellate Authority shall contained the points for determination the decision and the reasons therefor.

(b) The order shall be communicated to the appellant and copy there of shall be sent to the Registering officer from whose order the appeal has been preferred.

CHAPTER II - THE INSPECTING STAFF

Rule - 3. Powers and Functions of Inspectors.

An Inspector shall for the purpose of giving effects 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, as may be prescribed;

(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 plantations 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 limits of hours of work laid down there in 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 provisions of the act and 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 order for their removal and to record and furnish to the employer a summary of the defects or irregularities and of his orders.

Rule - 4. 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.

Rule - 5. Duties of certifying Surgeons.

(1)     For purposes of the examinations and certification of young persons who wish to obtain certificates of fitness, the certifying Surgeon shall fix a suitable time and place in consultations 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 two foils and a counterfoil. In each book, the form shall be numbered consecutively and shall be printed on cloth- backed or other durable paper. The foils and counterfoil shall be filled in and either the signature or the left thumb-mark of the person in whole 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 one foil to him and one foil to the employer. 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 the 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 initialed by the certifying Surgeon. The counter foil in the bound book of forms shall be similarly marked "Duplicate" and initialed. For every copy of a duplicate certificates granted a fee of 50 naya paise 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 there in. No duplicate of a certificates 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 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 person are, or are to be employed in any work which is likely to cause injury to their health.

(7)     The employer shall display copies or a true translation of the notice received from the certifying Surgeon under sub-rule (1) above in the language understood by the majority of the workers at a prominent place at the office or factory and the muster, within 24 hour of the receipt of such notice.

(8)     The employer shall provide for the purpose of any medical examination which the certifying surgeon 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.

If a qualified medical practitioner employed in a Garden or Group Hospital referred to in chapter III is appointed to be a certifying Surgeon, an appeal will lie against his finding to the civil surgeon of the area in which this plantation is situated.

CHAPTER III - HEALTH

Rule - 7. Drinking Water.

An adequate supply of wholesome drinking water shall be made available in every plantation [6][places convenient to the workers.]

Rule - 8. Source of supply.

The water provided for drinking shall be supplied from any convenient source approved by the Chief Inspector.

Rule - 9. Storage of water.

If drinking water is not supplied from taps connected with 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 sterilized periodically as required by the Inspector by written order, and the date on which sterilizing is carried out shall be recorded:

Provided that this requirement shall not apply to any such well or reservoir if the water there in 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 worker, 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. Latrine Accommodation.

(a)      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.

(b)      The latrine shall be conveniently situated and shall have exclusive access for either sex

Rule - 13. Latrine to Conform to public Health requirements.

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

Rule - 14. Privacy of Latrines.

Every Latrines shall be under cover and so partitions off as to secure privacy and shall have proper door and fastenings

Rule - 15. Sign Boards to be Displayed.

Where workers of both sexes are employed, there shall be displayed outside each latrine or latrine block, a notice 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 woman, as the case may be.

Rule - 16. Water taps in Latrines.

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

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

Rule - 17. 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 Health officer.

Rule - 17AFailure to provide and Maintain Certain Facilities.

(1)     if in any plantation, the employer does not provide and maintain any or all of the facilities and amenities required to be provided under rules 7 to 10 or 12 to 17 the Chief Inspector shall issue notice to the employer requiring him to provide the facilities and amenities within 30 days of receipt of the notice. If no satisfactory reply is received or the required facilities and amenities are not provided within the time specified, he may require the Chief Engineer, Public Health Engineering Department, in writing to arrange for the facilities and amenities being provided according to the standards prescribed in the said rules at Government cost and send a certificate of cost incurred therefore to the Chief Inspector

(2)     On receipt of certificate from the chief Engineer, public Health Engineering Department, the Chief Inspector shall require the employer in writing to remit the amount as certified by the Chief Engineer within a month, failing which, the Chief inspector shall issue a certificate for the amount to the collector who may recover the amount as an arrear of land revenue.

(3)     The recurring expenditure, if any, incurred under sub-rule (I) shall be recovered in the manner specified in sub-rule (2)][7]

Medical Facilities

Medical Advisory Board

Rule - 18. Constitution.

The state Government shall by notification in the Official Gazette constitute a Medical Advisory Board for consultation in regard to matter connected with the provision of medical facilities.

Rule - 19. Composition.

(1)     The advisory Board shall consist of,

(i)       The secretary to the state government in the Department concerned who shall be chairman of the board

 

(ii)      Two official to be nominated by the state Government; and

(iii)     Three representatives each of the employers and workers nominated in consultations with the interests concerned

[8][(iv) One representative of the staff other than workers nominated in consultation with interests concerned.]

(2)     The Chief Inspector of plantations shall be the Convener of the Board.

(3)     No act or proceedings of the Advisory Board shall be invalid on the ground of any defect in the constitution of, or any vacancy in, the Board.

Rule - 20. Term of office of Members.

(1)     A non-official member nominated to the Board at the time of its reconstitution shall unless he resigns his office or dies, hold office or for a period of three years from the date of the notification appointing him as a member of the Board and shall be eligible for re-nomination. A non-official nominated as a member of the Board in the vacancy caused by resignation of office or death of another member or in the vacancy cause by any of the causes mentioned under rule 23, shall hold office for the period to which the original member would normally have continued had his membership not been discontinued.

Provided that an outgoing member shall continue in office until the appointment of his successor is notified

(2)     The official members of the Board shall hold office during the pleasure of the state government.][9]

Rule - 21.Travelling Allowance for Members.

Every non-official member shall be entitled to draw travelling and daily allowances at the rates fixed by the state Government from time to time for any journey performed by him for attending a meeting of the advisory Board.][10]

Rule - 22. Resignation.

A non-official member may resign his office by letter, addressed to the chairman of the Advisory Board and his office shall fall vacant from the date on which his resignation is accepted by the Chairman.

Rule - 23. Vacation of office.

A nominated member may be declared by the chairman of the Advisory Board to have vacated his office-

(a)      if he becomes insolvent; or

 

(b)      if he is convicted of an offence, which in the opinion of the state Government involves moral turpitude; or

 

(c)      if he is absent from three consecutive meetings of the Advisory Board without leave of absence from its chairman; or

 

(d)      if the State Government consider it undesirable that he should continue to be a member of the Advisory Board; or

 

(e)      if he is declared to be of unsound mind by a competent Court.

Procedure Relating to Meetings

Rule - 24. Disposal of Business.

(1)     Every question which the Advisory Board is requested to take into consideration, shall be considered either at its meeting or, if its chairman so desires, by circulating the necessary papers to all the member for their opinion:

Provided that papers need not be circulated to a member who is at the time outside India.

(2)     When a question is circulated for opinion under sub-rule (1) any member may request that the question be considered at a meeting of the Advisory Board and thereupon the chairman may, and if the request is made by three or more members, shall, direct that it be so considered.

Rule - 25. Time and place of meetings.

The Advisory Board shall meet at such time and place [11][at least twice in a year] as may be appointed by the chairman.

Rule - 26. Notice of meetings.

(1)     Notice shall be given to every member of time and place fixed for each ordinary meeting at least fifteen days before such meeting and each member shall be furnished with a list of business to be transacted at the meeting:

Provided that, when an emergent meeting is called by the Chairman, a notice giving such reasonable time as he may consider necessary, shall be deemed sufficient

(2)     No business which is not in the list shall be considered at a meeting without the permission of the chairman.

Rule - 27. Presiding at Meetings.

The Chairman of the' Advisory Board shall preside at every meeting of the Board at which he is present of the Chairman is absent from any meeting the members present shall elect one of the members to preside over the meeting and the member so elected shall at that meeting exercise all the powers of the Chairman.

Rule - 28Quorum.

No business shall be transacted at a meeting of the Advisory Board whether ordinary or emergent unless at least three members of which one representative each of employers, workers and of the government are present:

Provided that if at any meeting, less than three members are present, the chairman of the Advisory Board may adjourn the meeting to a date not later than seven days, informing the members present and sending notice to other members that he proposes to dispose of the business at the adjourned meeting, whether there is a quorum or not, and he may there upon dispose of the business at such adjourned meeting even if there is no quorum.

Rule - 29. Decision by Majority.

(1)     Every question at a meeting of the Advisory Board shall be decided by a majority of votes of the members present and voting on the question but minority shall have the right of getting their dissent recorded, In the case of an equality of votes, the Chairman shall have a second or casting vote.

(2)     Every question, referred to the member opinion shall, unless the Chairman reserves it for consideration at a meeting, be decided in accordance with the opinion of the majority of members submitting their opinions within the specified time.

Rule - 30. Minutes of Meetings.

(a)      the proceedings of each meeting of the Advisory Board shall be circulated to all members not later than two months from the date of meeting and thereafter recorded in a minute book which shall be kept for permanent record.

(b)      The record of the proceedings of each meeting shall be signed by the Chairman of the Advisory Board or, as the case may be, by the person presiding at that meeting

Rule - 31. Powers and functions of the Advisory Board.

(1)     The Advisory Board shall advice the state government as regards the standards of the medical facilities to be provided which may be approved.

 

(2)     The Advisory Board shall scrutinize the half-yearly progress reports from the employers submitted under rule 85(3) and advice the State Government to issue such instruction in the light thereof as will ensure compliance with the relevant provisions of the Act and these rules within the scheduled period.

 

(3)     In addition to matters specified in sub-rules( l)and (2) above, the Advisory Board shall consider and report on any matter connected with the provision of medical facilities which may be referred to by the State Government or the Chairman of the Board.

Rule - [32.Types of Hospitals.

There shall be two types of hospitals in plantations, namely, 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 shall not be used for routing treatment. Admission to the Group Hospital shall only be on the recommendation of the Garden Hospital Doctors except in the case of emergency;

Provided that Group Hospitals may serve as Garden Hospitals for the plantatins in which they are situated if they are no separate Garden Hospitals in these plantations.][12]

Rule - 33. Garden Hospital.

(1)     Subject to the provisions of sub-rules (2) and (3), every employer shall, 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 Hospitals in a neighboring 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 shall provide a dispensary with up to 5 detention bed 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 plantations or group of plantations shall have a lien.

(2)     A plantation employing 1,000 or more workers shall run its own garden Hospital 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 and share their expenses, For this purpose, the plantations concerned shall submit to the Chief Inspector, particulars of scale of staff proposed to be employed, the equipments proposed to be provided, the location of joint hospital, 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 but less than 1,000 workers shall, run their own dispensary referred to in sub-rule (1).

(3)     In plantations where the number of workers employed is less than 200, a first aid box or a cup-board equipped with such contents as may be prescribed by the Chief Inspector shall be provided under the supervision and care of a person trained in First-aid treatment, whose service shall be readily available during all hours. The employer shall also provide free medical aid to the workers and their families by arrangement with the nearest available hospitals/ dispensaries similar to the facilities available to the other plantations workers.

(4)     Notwithstanding anything contained in sub-rules (1) to (3) plantations, employing 200 or less workers so situated as not to be within a distance of 8km. from the reach of a hospital/dispensary shall have, subject to the approval of the Chief Inspector a dispensary with a minimum of one detention bed if the number of workers employed is between [13][15] and 100 and one more bed if the number of workers exceed 100 under the immediate care of a full-time qualified compounder but supervised and visited thrice a week by the nearest Medical officer.

(5)     Each Garden Hospital shall be under a qualified medical practitioner assisted by a qualified compounder, one trained nurse, trained midwife and a helper (nursing orderly). If a higher trained nurse is available additional midwife shall not be necessary. The services of the staff shall be readily available during all hours:

Provided that in the case of doctors, compounders, nurses and midwives employed in plantations at the commencement of these rules who are not qualified, government may grant exemption from possessing the qualifications prescribed for them on the recommendation of the Chief Inspector in consultation with the concerned District Medical Officers.

(6)     Additional medical and auxiliary personnel shall be appointed according to the following scales:-

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

(7)     (a) A minimum of 15 beds shall be provided in every garden Hospital per 1000 workers served and each bed shall be allowed at least 60 sq. ft. off floor space.

(b) Every hospital shall be of sound permanent construction with impermeable washable walls to a height of at least 5 ft. 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 departmental shall be provided: -

(i)       General ward for males:

 

(ii)      General ward for females:

 

(iii)     Separate labor room and family planning Centre:

 

(iv)    Infectious ward with separate sanitary arrangements:

 

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

 

(vi)    Minor operation and dressing room;

(vii)   Dispensary and drug stores;

(viii)  Consulting room so arranged that patients can be examined in privacy:

(ix)    General Stores; and

(x)      Kitchen for cooking (fly proofed)

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

Rule - 34. Group Hospitals.

(1)     In order to provide in-patient treatments which are not available in the Garden Hospital the planters should join together through trust or other institutional device and provide joint Group Hospital sharing the expenses proportionate to the number of workers or they should make arrangements, with the nearest Group Hospital where such facilities exist.

(2)     Plans for the establishment of Group Hospitals containing details as regard 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 60 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 arrangement 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 hospital shall be built according to such specifications as may be approved by the State Government.

(5)     There shall be provision for supply of pure piped water, electricity, the modem methods of sanitation and water flushed closets. Each ward, labor 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 or an officer authorized by them, suitable alternative arrangements which are no less beneficial than that have been envisaged may be made in regard to supply of pure water, electricity and modem methods of sanitation.

(6)     each hospital shall have provision for-

Operation theatre. X-ray Physio therapy, Labor rooms, Facility for treatment for V.D .,T.B. and Dental disease, consulting and examination room, Clinical laboratory of Satisfactory standard, Office room and Stores for linen as well as medicine, Lavatory and bath rooms, and Kitchen (fly proofed). The out-patient block consisting of examination room, office etc., should preferably be at some distance from the wards. Separate wards shall be provided for males, females, maternity cases and small isolated wards for infectious diseases:

Provided that X-ray and Physio 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)     Every Group Hospital shall have such medical and other staff as may be specified by the State Government from time to time. All medical officers in a Group Hospital shall be qualified medical practitioners.

(8)     A properly equipped ambulance shall be maintained in every Group Hospital for the use of seriously ill patients free of charge. Where however the maintenance of an ambulance is too costly for a Group Hospital such Group Hospital shall make free suitable transport arrangements for transport of seriously ill patients.

Rule - 35. Equipments and Drugs.

(a)      Every Dispensary, Garden Hospital and group Hospital shall maintain such equipments and drugs, as may be specified by the State Government.

(b)      The district medical officers concerned or a medical officer not below the rank of an Assistant Surgeon nominated by the District Medical officer shall visit the Dispensaries, Garden Hospital and Group Hospital at least once year to see weather they sufficiently equipped and stocked with drugs and send a report to the management and Chief Inspector.

Rule - 36. Medical records.

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

(a)      maintain such registers, books, accounts and medical records in respect of every patients as may be prescribed by the State government: and

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

Rule - 37. Standard of Medical facilities.

(a)      Out-patient treatment- The out-patient treatment 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 injunctions and dressings and appliances that may be considered necessary:

 

(iv)    anti-natal, natal and post nataladvise;

 

(v)      provision of certificates, free of cost in respect of matremity and sickness benefits claims under section 32 of the Act.

(b)      In-patient Treatments- The hospital treatment shall include maintenance, food and medicine including treatment at confinement:

Provided that the facilities mentioned in this rules shall be free of cost to the workers and their families and shall be paid for by the plantations: Provided further that the charges for the food supplied may be levied and be paid for by the concerned workers in accordance with the existing government orders.

Rule - 38. Submission of scheme for the provision of medical facilities and Progress report.

(1)     Before the 1st January, 1977 every employer shall submit the Central as well as the State Government, for approval, a scheme for providing medical facilities according to the prescribed standards. The scheme shall show the various stages in, and the date by which required medical facilities are proposed to be provided. Medical facilities shall be provided according to the scheme approved by the Government.

(2)     Every employer shall furnish to the state government reports in such form as has been prescribed by the 31st January and 31st July every year to show progress made in providing medical facilities according to the approved scheme.

Rule - 39. Failure to provide and maintain medical facilities as Required in these rules .

(1)     if any employer does not provide and maintain medical facilities as required in these Rules to the satisfaction of the Chief Inspector, the later shall, at .the expense of the defaulting employer; cause to be provided and maintained such facilities in the nearest garden hospital or Dispensary or in the District or other similar hospitals . 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 maintains of sick workers in a hospital or dispensary for each day; and

 

(c)      transport to and fro provided to the sick workers;

(2)     Where medical facilities are not provided by any employer the State Government may also arranged for such medical facilities as they deem necessary and recover such contributions from the employer as the State Government may specify in this behalf.]

Rule - 40. Recovery of sum due Under Rule 39.

When any sum of money is due from any employer under rule 39, 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

Rule - 41. Canteens.

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

Rule - 42. Prices to be charged.

(1)     tea, coffee 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.

Rule - 43. Creches.

(1)     [14][The creche or creches required to be provided and maintained under section 12 of the act shall be in accordance with the standards laid down in the rule.]

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

(3)     There shall be not 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 creche building shall be in accordance with the standard plan, or with other plains approved by the Chief Inspector

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

(7)     A suitably fence and shady open- air playground shall be provided the elder children.

(8)     The employer shall appoint-

(i)       a woman to be in charge of each creche. Such woman shall the training approved by the State Government. There shall be one woman for every thirty children.

(ii)      Such other,staff on a scale Approved by the State Government.

Rule - 44. Wash Room.

(1)     there shall be in or adjoining the creche a sitable 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 - 45. 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 [15][free of cost] 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 an adequate supply of wholesome refreshment [16][free of cost].

[17]Note:- For the purpose of this rule, the wholesome refreshment shall consist of 100 gms. of fruit (Plantain, orange, Papaya or mango) and a porridge having the following ingredients, at the rate shown against each, per child.

(1)     wheat raw of Ragi flour - 50 gms

(2)     Milk-10 mil

(3)     Groundnuts (roasted) - 15gms

(4)     Sugar/Jaggery - 25gms

The Wheat rawa or Ragi flour may be cooked in sufficient quantity of water till it become soft and semisolid. The Rawa may be roasted slightly     before cooking, add milk and broken groundnuts {roasted) and boil thick. Sugar or jaggery may be added and removed from fire.]

Rule - 46. Supply of clothes, soap and oil.

(1)     The creche attended or attendants shall be provided 2[free of cost] with four sets of clean clothes per year for use while on duty in the creche.

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

Rule - 47. Recreation Facilities.

Every employer shall provide and maintain-

(i)       a recreation centre or centers for workers with provisions 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 provisions of rule 48 a group of employers may with the approval of the Chief Inspector provide and maintain joint recreation centers and playgrounds and share their expenses.

Rule - 48.

Every recreation centre to be provided and maintained under rule 47 shall be conveniently situated as near as possible to the worker's quarters.

Rule - 49. Educational Facilities for Workers Children.

Every employer shall, if number of workers' children between the age of 6 and 12 in his plantation exceeds 25. provided and maintain a primary school or school 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 primary or higher standard, and within a distance of two miles from the place where workers reside in his plantation, or, if under any other law he is required to pay a cess or tax for primary education:

[18]["Provided further that schools started with less than fifty children may be considered for recognition by the Education department, on condition that the entire expenses including the salary of teachers shall be met the employers and financial aid from education department may be considered on merits under the provisions of the Kerala Education Rules, if and when the number of pupils in the institution exceeds fifty.]

Provided further that subject to the provisions of sub-rule (1) of rule 50 a group of employers may jointly provide and maintain a primary school and share its expenses.

Rule - 50.

(1)     Every school to be provided and maintained under rule 49 shall be conveniently situated and within a distance of two miles from the workers' quarters

(2)     No school opened without the previous sanction of the Director of Public instruction shall be recognized:

Provided that in the case of any school maintained in any plantation at the commencement of these rules the Director of Public Instruction may, subject to such conditions he may specify, grant recognition.

(3)     The schools shall be under the administrative control of the State Education Department.

(4)     Every school shall be under the management of one person or definite by constituted body of persons approved by the Education Department.

(5)     the school shall be conducted in conformity with the conditions of the education Code.

(6)     A school should have a minimum, site of 50 cents of land approved by the education Department and Building 100' x 18' constructed in accordance with the standard plan or plans approved by the Director of Public instruction:

Provided that where there is no standard plan or where it is proposed to devliate from a standard plan the Director of Public Instruction's approval of the plan of the school building shall be obtained.

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

Rule - 51.

There shall be provided for every primary maintained under rule 49 such educational and other equipments as may be considered necessary by the director of public instruction or such other authority appointed by him.

Rule - 52.

No person shall be permitted to teach in a school unless he has the required qualification as per education code rules and holds a license granted by the director of public instruction:

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 Director of Public Instructions or such other authority as may be appointed by him may. subject to such condition specified, relax any of the qualifications.

Rule - 53.

The curriculum, duration standard and syllabus of the course of instruction to be imparted in the primary school shall be such as may be prescribed by the education Department.

Rule - 54.

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

Rule - 55. Housing Accommodation for Workers.

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 year provided that houses shall be built for at least eight per cent of the resident workers every year up to the maximum required.

Rule - 56. Standard and Specification of Housing Accommodation.

All housing accommodation for workers in a plantation shall conform to such standards and specification as may be approved by the state government on the recommendation of the Advisory Board referred to in rule 65, provided that existing buildings substantially conforming to the later specifications may be accepted.

Rule - 57. Sites for Housing Accommodation.

(1)   The housing accommodation shall be provided on dry well-drained land which, taking into consideration of the requirements regarding distance from the plantations, has supplies of wholesome drinking water within a reasonable distance. In Malarialtracts, the houses shall be provided at a safe distance from the swams and marshes and above the highest flood level.

[19](2)  Adequate electric lighting shall be provided by employer in the houses provided for the workers and also 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 public free access to those parts of the plantation where the workers are housed.

(5)   The employer shall cause the vicinity of all house to be kept clear of refuse and excerta and their latrine and drains to be cleaned out daily and all refuse in or near them to be collected, removed and disposal of hygienically.

Rule - 58. Housing Scheme.

Within six months after standards and specifications are approved by government, 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 worker. 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 plantations, such period being not later than the period referred to in rule 55

(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 56.

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

Rule - 59. 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 waiting 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 31st January and 31st July every year.

Rule - 60. 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 defect 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 one 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. The dates on which lime-washing or painting was last carried out shall be painted or stenciled at a convenient spot on each building.

Rule - 61. 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 - 62. [Allotment and occupation of Houses.

(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 of his family who is worker][20]

[21][(1A) 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 house shall not make any unauthorized additions to or alterations in the house.

(3)     The occupant shall not exchange the house with the occupant of smother 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 worker and members of their families occupying the house 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 the living rooms or verandahs and no window or air space 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 - 63. Occupation of accommodation after termination of employment.

(1)     When a worker dies in the service of the employer or retries or goes on transfer, or resign or goes on leave or when his services are terminated, he or his family, as the case may be, may retain the house up to the period as detailed below:

(i)   In the case of death, a period not exceeding three months, and in the case of 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

[22][(iv) in the case where the discharge or dismissal of a worker results in an industrial dispute for so long as the case is not finally disposed of. ]

[23][(2)   If the competent authority is satisfied that a worker or any member of his family refuses to vacate the house allotted to such worker after the expiry of the period specified in sub-rule(l), 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 may be prescribed, required 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.

[24][(3) In the event the failure of the worker or any other person who is in occupation of the house to comply with the notice under sub rule(2), the competent authority may make a written requisition to the officer not below the rank of a revenue division officer having jurisdiction over the area to evict such worker, member or other person from the house.]

[25][(4) On receipt of requisition under sub-rule (3), the officer specified in sub-rule (3) shall by order evict such worker, member or other person from and take possession of the house and shall 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 purpose of this rule "competent authority" means such person or authority as may be notified by the State Government in this behalf.

Rule - 64. Facilities for Harvesting standing Crops on Termination of Employment.

(1)     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.

(2)     In the case of any employer wanting to take over for the estate use any plot of land that is being cultivated by the workers, the workers shall be given reasonable facilities to harvest the standing crops in their garden plots or be paid reasonable compensation in lieu thereof.

Rule - [64 A. Failure to Provide and Maintain Certain Facilities.

(1)     if in any Plantation the employer does not provide and maintain all or any of the facilities and amenities required to be provided under rules 41 to 46 or 49 to 63, the Chief Inspector shall issue notice to employer requiring him to provide the facilities and amenities within 30 days of receipt of the notice. If no satisfactory reply is received within the time specified or the required facilities or amenities are not provided he may require the Chief Engineer,(Roads and Buildings) to construct the building(s) for the purpose in conformity with the provisions contained in the said rules at Government cost and send a certificate of cost incurred therefor to the Chief Inspector

(2)     The Chief Inspector shall arranged to provide other facilities and amenities required to be provided under the said Rules at Government cost.

(3)     After estimating the total cost incurred under sub-rules (1&2) the chief inspector shall require the employer in writing to remit the amount so estimated within a month failing which the Chief Inspector shall issue a certificate for the amount to the Collector who may recover the amount as an arrear of land revenue

(4)     The recurring expenditure if any incurred under sub-rules (1) and (2) shall be recovered in the manner specified in sub-rule (3).][26]

Rule - 65. Constitution.

The State Government shall by notification in the official gazette; Constitute an Advisory Board for consultation in regard to matters connected with housing.[27][The Advisory Board shall meet at least twice in a year during the months of January and June, at such time and place as may be appointed by the chairman]

Rule - 66. Composition.

(1)     The advisory Board shall consist of -

(i)       the Secretary to the state government in Department concerned, who shall be the Chairman of the Board;

(ii)      two officials to be nominated by the State Government; and

(iii)     five representatives each of employers and worker nominated in consultation with the interests concerned.

[28]((iv)] One representative of the staff other than workers nominated in consulation with interest concerned.]

(2)     The Chief Inspector of Plantations shall be the Convener of the board,

(3)     No act or proceedings of the Advisory Board shall be invalid on the ground of any defect in the constitution of, or any vacancy in the Board.

Rule - 67. Term of Office, etc., of members.

The provision of rules 20 to 30 relating to term of office of members travelling allowance, resignation, vacation at office and procedure relating to meetings of Medical Advisory Board shall apply mutatis and mutantis to the Advisory Board constituted under rule 65 above.

Rule - 68. Powers and Function of the Advisory Board.

(1)     The Advisory board shall advise the State Government as regards standards and specifications of houses which may be approved.

(2)     The advisory Board shall scrutinies the yearly progress reports from employers and advise the State Government to issue such instructions in the light thereof as will ensure compliance with the relevant provisions of the Act and these rules within the scheduled period.

(3)     In addition to matters specified in sub-rule (1) and (2), the Advisory Board shall consider and report on any matter connected with housing of workers which may be referred to it by the State Government or by the Chairman of the Advisory Board.

Rule - 69. Removal of Difficulties.

If there is any difficulty in the working of rules 55 to 68 the State Government may issue such instructions as it may consider necessary to remove the difficulty.

[29]CHAPTER IV A - ACCIDENT AND COMPENSATION

Rule - 69A. Commissioner.

Any Commissioner for Workmen's Compensation appointed under section 20(1) of the workmen's compensation Act, 1923 (Act VIII of 1923) shall be qualified to be appointed as Commissioner for the purpose of determining the amount of Compensation payable under section 16 a of the Act

Rule - 69AA. Conditions of service of Commissioner.

The service Conditions of the Commissioner under the Plantation Labor Act, 1951 shall be the same as those applicable to the commissioner for Workmen's Compensation.

Rule - 69B. Procedure of Commissioner and other matters.

(1)     The application for payment of Compensation under 16A shall be in Form F prescribed under rule 20 of the Kerala Workmen's Compensation Rules, 1958. The procedure laid down in the Kerala Workmen's Compensation Rules, 1958 shall mutaties-mutandis apply for the receipt and disposed of application for Compensation by the Commissioner.

(2)     The matter or matters on which the Commissioner seeks the assistance of person prossessings special Knowledge shall relate to any one or more of the following:

(a)      The causes leading to the collapse of the house;

(b)      The sole and direct fault if any on the part of any occupant of the house for the collapse of the house;

(c)      The existence or otherwise of natural calamity:

(d)      The extends of injury sustained by a worker or any member of his family and the loss of earning capacity.

(3)     Any amount of compensation awarded by the Commissioner shall be recovered as arrears of land revenue by collector of the District in which the Accident occurred on receipt of a certificate from the Commissioner to that effect]

Rule - 70.

(1)     Every employer shall supply to every worker free of cost once in every twelve months either a combli or an umbrella or rain-coat or a hat of suitable quality approved by the Chief Inspector;

Provided that in an estate situated at an elevation of 2500 ft or more above sea level one extra combli shall be supplied in addition to the above:

Provided further that in the case of temporary workers, the employer shall have the option of supplying a special type of combli which is returnable on termination of the employment alternatively an allowance of [30][three paise] per day's work.

[31][Provided further that in case of dispute or difference of opinion regarding the choice of any of the articles referred to above, the Chief Inspects shall make the choice.]

In case of dispute or difference of opinion regarding the elevation of any estate the Chief Inspector shall arrange for elevation being determined.

[32](2)  if in any plantation the employer does not supply the weather protective to the workers as required under sub-rule (1), the chief inspector shall issue notice to the employer requiring him to supply the weather protectives within 30 days of receipt of the notice.

(3)    If no satisfactory reply is received or the weather protective are not supplied within the time specified the Chief Inspector shall arranged to supply the weather protectives to the workers and issue notice to the employer to remit the amount of expenditure incurred therefore within 30 days of the receipt of the notice. If the employer fails to remit the amount within the time specified, the Chief Inspector shall issue a certificate for the amount to the collector who may recover the amount as an arrear of land revenue.

[33][NOTE: -The supply of either a cumbly or an umbrella or a rain coat or a hat mentioned above and also the supply of an extra cumbly stipulated in the first proviso shall have to be made on or before the 31st May of every year. ] 

CHAPTER V - HOURS AND LIMITATION OF EMPLOYMENT

Rule - 71. 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 general 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 his day of rest at the overtime rate prevailing in a particular areas as fixed under the Minimum Wages Act, 1948, and where there is no such rate, at double the ordinary rate.

Rule - 72. Notice of Period of work.

(1)     The notice prescribed in section 23 shall be in the Form No.5.

(2)     It shall be written in English and in the 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

Rule - 1[73. Payment of Sickness Allowance.

(1)     Every [34][adult] worker shall be entitled to obtain sickness allowance from his employer for each day of certified sickness for a total period of 14 days in an year at the rate of two-thirds of his daily time rated wages, [35][ subject to a minimum of Re 1 per day]

[36][(IA) Every adolescent worker shall be entitled to get sickness allowance from his employer for each day of certified sickness for a total period of 14 days in an year at the rate of 65 paise per day;

(IB) Every child worker shall be entitled to get sickness allowance from his employer for each day of certified sickness for a total period of 14 days in an year at the rate of 50 paise per day]

(2)     Sickness allowance specified in sub-rule (1) shall be paid either weekly or along with first installment of wages payable to the worker after he resumes his work on recovery from certified sickness.

(3)     The certificate of sickness shall be issued in Form No.6 (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 his 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 at the cost.

(4)     Notwithstanding anything contained in these rules, no worker shall be entitled to sickness benefits for any day on which he works.

Rule - [73A. Accumulation of sick leave.

(1)     Notwithstanding anything contained in the rule 73, 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 the days of leave that may be carried forward to a succeeding year shall not in any case exceed thirty days.

(2)     In addition to the leave to which a worker is entitled under sub-rule (1) of rule 73 and sub-rule (1) of this rule, a worker may in the event of certified sickness, the prefix or suffix to such leave, the balance amount, if any, of the annual leave with wages outstanding to his credit under section 30 of the act:

Provided that the leave under the sub-rule shall be allowed only in genuine cases of serious chronic illness or for prolonged periods of convalescence on the basis of a certificate in Form No. 6.

(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 assistant surgeon.

(3)     Sickness allowance at the rate laid down in rule 73 shall be payable for the days of the leave availed of under sub-rule (1).][37]

Rule - 74. Payment of Maternity Allowance.

Every women employed in a plantation in the case of confinement, or expected confinement, shall without prejudice to her right, if any, to premedical facilities existing in a plantation be entitled to obtain from her employer maternity allowance at such rate, for such period and at such intervals as have been provided for in the [38][Maternity Benefit Act, 1961 (Central Act 53 of 1961)] and the rules made thereunder.

Rule - [74A. Rule prescribed under section 32A.

The employer shall send a notice of accident in Form No.21 to the chief inspector of plantations and to the inspector of plantations having jurisdiction over the area within three days of the occurrence of the accident:

Provided that in the case of a fatal accident a notice shall be sent within twenty-four hours.][39]

Rule - 74B. Rule prescribed under section 32B.

The Registrar of Accidents to be maintained by the employer shall be in Form No. 22)

CHAPTER VII - MISCELLANEOUS

Rule - 75. 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 objection 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 authorized 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.

Rule - 76. Registers.

(1)     Every employer shall maintain -

(a)      registers of adult and non-adult workers in Form Nos-7 and 8 respectively, and

(b)      a register in Form No.9 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 there 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. 10 (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 two annas.

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

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

Rule - 77. 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. 11.

(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. 12, 13, 14 and 15.

(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 the provision of medical facilities in Form No. 16.

Rule - [77A. Power to exempt.

The State Government may by order in writing exempt,- subject to such conditions and restrictions as they may think fit to impose, any employer or class of employers from all or any of the provisions of these rules:

Provided that no such exemption shall be granted except with the previous approval of the Central Government.][40]

Rule - 78. Repeal.

The Travancore Cochin Plantations Labor Rules, 1955 and the Madras Plantations Labor Rules, 1955 in their application to the territories transferred from the State of Madras to the State of Kerala, are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

 

 

 

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 THE KERALA PLANTATION LABOR RULES, 1959

[1][THE KERALA PLANTATION LABOR RULES, 1959]

CHAPTER I - PRELIMINARY

Rule - 1. Short Title, extent and commencement.

(1)     these rules may be cited as the Kerala Plantations Labor Rules 1959.

(2)     These rules shall extend to the whole of the state of Kerala .

(3)     These rules shall come into force at once except as other wise specifically provided.

Rule - 2. Definition.

In these rules, unless there is anything repugnant in subject or context-

(a)      "Act" means the plantations Labor 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 "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.

[2][(ff) "Registering officer" means an officer appointed under section 3a of the Act]

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

(h)     All other words and expressions used herein and not defined shall have the meaning respectively assigned to them under the Act.

[3][CHAPTER 1A - REGISTRATION OF PLANTATIONS

Rule - 2A. Application for Registration of plantations.

(1)     An application for Registration of plantation shall be made in form No. 17 in duplicate to the Registering officer, accompanied by a treasury receipt under which the fee prescribed under sub-rule of this rule has been deposited.

(2)     The employer shall pay the fee by depositing into a treasury in Kerala under the Head of account in force from time to time on the rates given below: -

Fee for registration for plantation with an area of:

(3)     The Registering officer satisfying himself that the application is in order that the plantation is eligible to be registered shall register the plantation in the register to be maintained by him in form No. 20

(4)     The Registering officer shall issue a certificate of Registration to the employer in form No. 18

Rule - 2B.

[4][xxx]

Rule - 2C.

[5][xxx]

Rule - 2D. Amendment of Certificate of Registration.

(1)     The certificate of registration granted under sub-rule (4) of rule 2A may be amended by the Registering officer.

(2)     The fee for the amendment of the certificate of Registration shall be Rs. 25 plus the amount if any by which the fee that would have been payable if the certificate of Registration has been issued in the amended form exceeds the fee originally paid for the certificate of Registration.

(3)     Procedure for making the application for amendment of the certificate of Registration shall be the same as prescribed in these rules for the registration of a plantation

Rule - 2E. Issue of Duplicate Certificate of Registration.

(1)     A fee of Rs. 50 shall be payable for the issue of duplicate copy of certificate of Registration on an application by employer.

(2)     All fees to be paid under these rules shall be remitted in the local treasury under the respective head of account in the force from time to time and the receipt obtained shall be submitted along with the application.

Rule - 2F.

(i)       The certificate of Registration granted by the Registering officer shall be exhibited in a conspicuous place in the office of the plantation.

(ii)      Any change occurring in the Application form for registration shall be intimated by the employer to the Registering officer in form No. 19.

Rule - 2G. Appeal.

Any person aggrieved by the order of the Registering officer under sub-section {6) of section 3 B may within 30 days of publication of such order in the newspaper prefer an appeal to the Labor Commissioner.

Rule - 2H. Procedure for appeal.

(1)     (a) 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 authorized agent and presented to the Appellate Authority in person or sent to him by registered post.

(b) The memorandum shall be accompanied by a certified copy of the order appealed from, which shall be supplied to him by the Registering Officer free of cost.

(c) The memorandum shall set forth concisely and under distinct head grounds of appeal against the order appealed from.

(2)     Where the memorandum dose not comply with the provisions of sub-rule (1) of this rule, it may be rejected or returned to the appellant for the purpose of being amended within the time to be fixed by the Appellate Authority.

 

(3)     Where the Appellate Authority rejects the memorandum of appeal under sub-rule (2) on the ground of limitation shall record the reasons for such rejections and communicate the order to the appellant.

 

(4)     Where the memorandum of appeal is in order, the Appellate Authority shall admit the appeal, endorse, there on the date of presentation and shall register the appeal in the register to be kept for the purpose called the register of Appeals.

 

(5)     When the appeals has been admitted, the Appellate Authority shall call for the records from the Registering, officer.

 

(6)     On receipt of the records the Appellate Authority shall sent a notice to the appellant to appear before him at such date, time and place as may be specified in the notice for hearing of appeal.

 

(7)     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 decide the appeal exparte on merits.

 

(8)     (a) Where an appeal has been dismissed under sub-rule 7 of this rule, the appellant may apply to the Appellate Authority for the re- admission of the appeal and where it is proved that he was prevented by sufficient cause from appearing when the appeal was taken up for hearing, the Appellate Authority shall restore the appeal on its original number.

(b) Such an application shall, unless the Appellate Authority extends the time for sufficient reason, be made within 30 days of the date of dismissal.

(9)     If the appellant is present when the appeal is taken up for hearing the Appellate Authority shall proceed to hear the appellant or his authorized agent and any other person summoned by him for this purpose and pronounce his decision on the appeal either confirming, reversing or varying the order appealed from.

(10)   (a) The order of the Appellate Authority shall contained the points for determination the decision and the reasons therefor.

(b) The order shall be communicated to the appellant and copy there of shall be sent to the Registering officer from whose order the appeal has been preferred.

CHAPTER II - THE INSPECTING STAFF

Rule - 3. Powers and Functions of Inspectors.

An Inspector shall for the purpose of giving effects 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, as may be prescribed;

(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 plantations 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 limits of hours of work laid down there in 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 provisions of the act and 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 order for their removal and to record and furnish to the employer a summary of the defects or irregularities and of his orders.

Rule - 4. 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.

Rule - 5. Duties of certifying Surgeons.

(1)     For purposes of the examinations and certification of young persons who wish to obtain certificates of fitness, the certifying Surgeon shall fix a suitable time and place in consultations 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 two foils and a counterfoil. In each book, the form shall be numbered consecutively and shall be printed on cloth- backed or other durable paper. The foils and counterfoil shall be filled in and either the signature or the left thumb-mark of the person in whole 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 one foil to him and one foil to the employer. 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 the 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 initialed by the certifying Surgeon. The counter foil in the bound book of forms shall be similarly marked "Duplicate" and initialed. For every copy of a duplicate certificates granted a fee of 50 naya paise 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 there in. No duplicate of a certificates 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 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 person are, or are to be employed in any work which is likely to cause injury to their health.

(7)     The employer shall display copies or a true translation of the notice received from the certifying Surgeon under sub-rule (1) above in the language understood by the majority of the workers at a prominent place at the office or factory and the muster, within 24 hour of the receipt of such notice.

(8)     The employer shall provide for the purpose of any medical examination which the certifying surgeon 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.

If a qualified medical practitioner employed in a Garden or Group Hospital referred to in chapter III is appointed to be a certifying Surgeon, an appeal will lie against his finding to the civil surgeon of the area in which this plantation is situated.

CHAPTER III - HEALTH

Rule - 7. Drinking Water.

An adequate supply of wholesome drinking water shall be made available in every plantation [6][places convenient to the workers.]

Rule - 8. Source of supply.

The water provided for drinking shall be supplied from any convenient source approved by the Chief Inspector.

Rule - 9. Storage of water.

If drinking water is not supplied from taps connected with 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 sterilized periodically as required by the Inspector by written order, and the date on which sterilizing is carried out shall be recorded:

Provided that this requirement shall not apply to any such well or reservoir if the water there in 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 worker, 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. Latrine Accommodation.

(a)      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.

(b)      The latrine shall be conveniently situated and shall have exclusive access for either sex

Rule - 13. Latrine to Conform to public Health requirements.

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

Rule - 14. Privacy of Latrines.

Every Latrines shall be under cover and so partitions off as to secure privacy and shall have proper door and fastenings

Rule - 15. Sign Boards to be Displayed.

Where workers of both sexes are employed, there shall be displayed outside each latrine or latrine block, a notice 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 woman, as the case may be.

Rule - 16. Water taps in Latrines.

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

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

Rule - 17. 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 Health officer.

Rule - 17AFailure to provide and Maintain Certain Facilities.

(1)     if in any plantation, the employer does not provide and maintain any or all of the facilities and amenities required to be provided under rules 7 to 10 or 12 to 17 the Chief Inspector shall issue notice to the employer requiring him to provide the facilities and amenities within 30 days of receipt of the notice. If no satisfactory reply is received or the required facilities and amenities are not provided within the time specified, he may require the Chief Engineer, Public Health Engineering Department, in writing to arrange for the facilities and amenities being provided according to the standards prescribed in the said rules at Government cost and send a certificate of cost incurred therefore to the Chief Inspector

(2)     On receipt of certificate from the chief Engineer, public Health Engineering Department, the Chief Inspector shall require the employer in writing to remit the amount as certified by the Chief Engineer within a month, failing which, the Chief inspector shall issue a certificate for the amount to the collector who may recover the amount as an arrear of land revenue.

(3)     The recurring expenditure, if any, incurred under sub-rule (I) shall be recovered in the manner specified in sub-rule (2)][7]

Medical Facilities

Medical Advisory Board

Rule - 18. Constitution.

The state Government shall by notification in the Official Gazette constitute a Medical Advisory Board for consultation in regard to matter connected with the provision of medical facilities.

Rule - 19. Composition.

(1)     The advisory Board shall consist of,

(i)       The secretary to the state government in the Department concerned who shall be chairman of the board

 

(ii)      Two official to be nominated by the state Government; and

(iii)     Three representatives each of the employers and workers nominated in consultations with the interests concerned

[8][(iv) One representative of the staff other than workers nominated in consultation with interests concerned.]

(2)     The Chief Inspector of plantations shall be the Convener of the Board.

(3)     No act or proceedings of the Advisory Board shall be invalid on the ground of any defect in the constitution of, or any vacancy in, the Board.

Rule - 20. Term of office of Members.

(1)     A non-official member nominated to the Board at the time of its reconstitution shall unless he resigns his office or dies, hold office or for a period of three years from the date of the notification appointing him as a member of the Board and shall be eligible for re-nomination. A non-official nominated as a member of the Board in the vacancy caused by resignation of office or death of another member or in the vacancy cause by any of the causes mentioned under rule 23, shall hold office for the period to which the original member would normally have continued had his membership not been discontinued.

Provided that an outgoing member shall continue in office until the appointment of his successor is notified

(2)     The official members of the Board shall hold office during the pleasure of the state government.][9]

Rule - 21.Travelling Allowance for Members.

Every non-official member shall be entitled to draw travelling and daily allowances at the rates fixed by the state Government from time to time for any journey performed by him for attending a meeting of the advisory Board.][10]

Rule - 22. Resignation.

A non-official member may resign his office by letter, addressed to the chairman of the Advisory Board and his office shall fall vacant from the date on which his resignation is accepted by the Chairman.

Rule - 23. Vacation of office.

A nominated member may be declared by the chairman of the Advisory Board to have vacated his office-

(a)      if he becomes insolvent; or

 

(b)      if he is convicted of an offence, which in the opinion of the state Government involves moral turpitude; or

 

(c)      if he is absent from three consecutive meetings of the Advisory Board without leave of absence from its chairman; or

 

(d)      if the State Government consider it undesirable that he should continue to be a member of the Advisory Board; or

 

(e)      if he is declared to be of unsound mind by a competent Court.

Procedure Relating to Meetings

Rule - 24. Disposal of Business.

(1)     Every question which the Advisory Board is requested to take into consideration, shall be considered either at its meeting or, if its chairman so desires, by circulating the necessary papers to all the member for their opinion:

Provided that papers need not be circulated to a member who is at the time outside India.

(2)     When a question is circulated for opinion under sub-rule (1) any member may request that the question be considered at a meeting of the Advisory Board and thereupon the chairman may, and if the request is made by three or more members, shall, direct that it be so considered.

Rule - 25. Time and place of meetings.

The Advisory Board shall meet at such time and place [11][at least twice in a year] as may be appointed by the chairman.

Rule - 26. Notice of meetings.

(1)     Notice shall be given to every member of time and place fixed for each ordinary meeting at least fifteen days before such meeting and each member shall be furnished with a list of business to be transacted at the meeting:

Provided that, when an emergent meeting is called by the Chairman, a notice giving such reasonable time as he may consider necessary, shall be deemed sufficient

(2)     No business which is not in the list shall be considered at a meeting without the permission of the chairman.

Rule - 27. Presiding at Meetings.

The Chairman of the' Advisory Board shall preside at every meeting of the Board at which he is present of the Chairman is absent from any meeting the members present shall elect one of the members to preside over the meeting and the member so elected shall at that meeting exercise all the powers of the Chairman.

Rule - 28Quorum.

No business shall be transacted at a meeting of the Advisory Board whether ordinary or emergent unless at least three members of which one representative each of employers, workers and of the government are present:

Provided that if at any meeting, less than three members are present, the chairman of the Advisory Board may adjourn the meeting to a date not later than seven days, informing the members present and sending notice to other members that he proposes to dispose of the business at the adjourned meeting, whether there is a quorum or not, and he may there upon dispose of the business at such adjourned meeting even if there is no quorum.

Rule - 29. Decision by Majority.

(1)     Every question at a meeting of the Advisory Board shall be decided by a majority of votes of the members present and voting on the question but minority shall have the right of getting their dissent recorded, In the case of an equality of votes, the Chairman shall have a second or casting vote.

(2)     Every question, referred to the member opinion shall, unless the Chairman reserves it for consideration at a meeting, be decided in accordance with the opinion of the majority of members submitting their opinions within the specified time.

Rule - 30. Minutes of Meetings.

(a)      the proceedings of each meeting of the Advisory Board shall be circulated to all members not later than two months from the date of meeting and thereafter recorded in a minute book which shall be kept for permanent record.

(b)      The record of the proceedings of each meeting shall be signed by the Chairman of the Advisory Board or, as the case may be, by the person presiding at that meeting

Rule - 31. Powers and functions of the Advisory Board.

(1)     The Advisory Board shall advice the state government as regards the standards of the medical facilities to be provided which may be approved.

 

(2)     The Advisory Board shall scrutinize the half-yearly progress reports from the employers submitted under rule 85(3) and advice the State Government to issue such instruction in the light thereof as will ensure compliance with the relevant provisions of the Act and these rules within the scheduled period.

 

(3)     In addition to matters specified in sub-rules( l)and (2) above, the Advisory Board shall consider and report on any matter connected with the provision of medical facilities which may be referred to by the State Government or the Chairman of the Board.

Rule - [32.Types of Hospitals.

There shall be two types of hospitals in plantations, namely, 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 shall not be used for routing treatment. Admission to the Group Hospital shall only be on the recommendation of the Garden Hospital Doctors except in the case of emergency;

Provided that Group Hospitals may serve as Garden Hospitals for the plantatins in which they are situated if they are no separate Garden Hospitals in these plantations.][12]

Rule - 33. Garden Hospital.

(1)     Subject to the provisions of sub-rules (2) and (3), every employer shall, 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 Hospitals in a neighboring 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 shall provide a dispensary with up to 5 detention bed 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 plantations or group of plantations shall have a lien.

(2)     A plantation employing 1,000 or more workers shall run its own garden Hospital 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 and share their expenses, For this purpose, the plantations concerned shall submit to the Chief Inspector, particulars of scale of staff proposed to be employed, the equipments proposed to be provided, the location of joint hospital, 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 but less than 1,000 workers shall, run their own dispensary referred to in sub-rule (1).

(3)     In plantations where the number of workers employed is less than 200, a first aid box or a cup-board equipped with such contents as may be prescribed by the Chief Inspector shall be provided under the supervision and care of a person trained in First-aid treatment, whose service shall be readily available during all hours. The employer shall also provide free medical aid to the workers and their families by arrangement with the nearest available hospitals/ dispensaries similar to the facilities available to the other plantations workers.

(4)     Notwithstanding anything contained in sub-rules (1) to (3) plantations, employing 200 or less workers so situated as not to be within a distance of 8km. from the reach of a hospital/dispensary shall have, subject to the approval of the Chief Inspector a dispensary with a minimum of one detention bed if the number of workers employed is between [13][15] and 100 and one more bed if the number of workers exceed 100 under the immediate care of a full-time qualified compounder but supervised and visited thrice a week by the nearest Medical officer.

(5)     Each Garden Hospital shall be under a qualified medical practitioner assisted by a qualified compounder, one trained nurse, trained midwife and a helper (nursing orderly). If a higher trained nurse is available additional midwife shall not be necessary. The services of the staff shall be readily available during all hours:

Provided that in the case of doctors, compounders, nurses and midwives employed in plantations at the commencement of these rules who are not qualified, government may grant exemption from possessing the qualifications prescribed for them on the recommendation of the Chief Inspector in consultation with the concerned District Medical Officers.

(6)     Additional medical and auxiliary personnel shall be appointed according to the following scales:-

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

(7)     (a) A minimum of 15 beds shall be provided in every garden Hospital per 1000 workers served and each bed shall be allowed at least 60 sq. ft. off floor space.

(b) Every hospital shall be of sound permanent construction with impermeable washable walls to a height of at least 5 ft. 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 departmental shall be provided: -

(i)       General ward for males:

 

(ii)      General ward for females:

 

(iii)     Separate labor room and family planning Centre:

 

(iv)    Infectious ward with separate sanitary arrangements:

 

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

 

(vi)    Minor operation and dressing room;

(vii)   Dispensary and drug stores;

(viii)  Consulting room so arranged that patients can be examined in privacy:

(ix)    General Stores; and

(x)      Kitchen for cooking (fly proofed)

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

Rule - 34. Group Hospitals.

(1)     In order to provide in-patient treatments which are not available in the Garden Hospital the planters should join together through trust or other institutional device and provide joint Group Hospital sharing the expenses proportionate to the number of workers or they should make arrangements, with the nearest Group Hospital where such facilities exist.

(2)     Plans for the establishment of Group Hospitals containing details as regard 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 60 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 arrangement 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 hospital shall be built according to such specifications as may be approved by the State Government.

(5)     There shall be provision for supply of pure piped water, electricity, the modem methods of sanitation and water flushed closets. Each ward, labor 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 or an officer authorized by them, suitable alternative arrangements which are no less beneficial than that have been envisaged may be made in regard to supply of pure water, electricity and modem methods of sanitation.

(6)     each hospital shall have provision for-

Operation theatre. X-ray Physio therapy, Labor rooms, Facility for treatment for V.D .,T.B. and Dental disease, consulting and examination room, Clinical laboratory of Satisfactory standard, Office room and Stores for linen as well as medicine, Lavatory and bath rooms, and Kitchen (fly proofed). The out-patient block consisting of examination room, office etc., should preferably be at some distance from the wards. Separate wards shall be provided for males, females, maternity cases and small isolated wards for infectious diseases:

Provided that X-ray and Physio 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)     Every Group Hospital shall have such medical and other staff as may be specified by the State Government from time to time. All medical officers in a Group Hospital shall be qualified medical practitioners.

(8)     A properly equipped ambulance shall be maintained in every Group Hospital for the use of seriously ill patients free of charge. Where however the maintenance of an ambulance is too costly for a Group Hospital such Group Hospital shall make free suitable transport arrangements for transport of seriously ill patients.

Rule - 35. Equipments and Drugs.

(a)      Every Dispensary, Garden Hospital and group Hospital shall maintain such equipments and drugs, as may be specified by the State Government.

(b)      The district medical officers concerned or a medical officer not below the rank of an Assistant Surgeon nominated by the District Medical officer shall visit the Dispensaries, Garden Hospital and Group Hospital at least once year to see weather they sufficiently equipped and stocked with drugs and send a report to the management and Chief Inspector.

Rule - 36. Medical records.

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

(a)      maintain such registers, books, accounts and medical records in respect of every patients as may be prescribed by the State government: and

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

Rule - 37. Standard of Medical facilities.

(a)      Out-patient treatment- The out-patient treatment 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 injunctions and dressings and appliances that may be considered necessary:

 

(iv)    anti-natal, natal and post nataladvise;

 

(v)      provision of certificates, free of cost in respect of matremity and sickness benefits claims under section 32 of the Act.

(b)      In-patient Treatments- The hospital treatment shall include maintenance, food and medicine including treatment at confinement:

Provided that the facilities mentioned in this rules shall be free of cost to the workers and their families and shall be paid for by the plantations: Provided further that the charges for the food supplied may be levied and be paid for by the concerned workers in accordance with the existing government orders.

Rule - 38. Submission of scheme for the provision of medical facilities and Progress report.

(1)     Before the 1st January, 1977 every employer shall submit the Central as well as the State Government, for approval, a scheme for providing medical facilities according to the prescribed standards. The scheme shall show the various stages in, and the date by which required medical facilities are proposed to be provided. Medical facilities shall be provided according to the scheme approved by the Government.

(2)     Every employer shall furnish to the state government reports in such form as has been prescribed by the 31st January and 31st July every year to show progress made in providing medical facilities according to the approved scheme.

Rule - 39. Failure to provide and maintain medical facilities as Required in these rules .

(1)     if any employer does not provide and maintain medical facilities as required in these Rules to the satisfaction of the Chief Inspector, the later shall, at .the expense of the defaulting employer; cause to be provided and maintained such facilities in the nearest garden hospital or Dispensary or in the District or other similar hospitals . 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 maintains of sick workers in a hospital or dispensary for each day; and

 

(c)      transport to and fro provided to the sick workers;

(2)     Where medical facilities are not provided by any employer the State Government may also arranged for such medical facilities as they deem necessary and recover such contributions from the employer as the State Government may specify in this behalf.]

Rule - 40. Recovery of sum due Under Rule 39.

When any sum of money is due from any employer under rule 39, 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

Rule - 41. Canteens.

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

Rule - 42. Prices to be charged.

(1)     tea, coffee 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.

Rule - 43. Creches.

(1)     [14][The creche or creches required to be provided and maintained under section 12 of the act shall be in accordance with the standards laid down in the rule.]

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

(3)     There shall be not 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 creche building shall be in accordance with the standard plan, or with other plains approved by the Chief Inspector

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

(7)     A suitably fence and shady open- air playground shall be provided the elder children.

(8)     The employer shall appoint-

(i)       a woman to be in charge of each creche. Such woman shall the training approved by the State Government. There shall be one woman for every thirty children.

(ii)      Such other,staff on a scale Approved by the State Government.

Rule - 44. Wash Room.

(1)     there shall be in or adjoining the creche a sitable 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 - 45. 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 [15][free of cost] 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 an adequate supply of wholesome refreshment [16][free of cost].

[17]Note:- For the purpose of this rule, the wholesome refreshment shall consist of 100 gms. of fruit (Plantain, orange, Papaya or mango) and a porridge having the following ingredients, at the rate shown against each, per child.

(1)     wheat raw of Ragi flour - 50 gms

(2)     Milk-10 mil

(3)     Groundnuts (roasted) - 15gms

(4)     Sugar/Jaggery - 25gms

The Wheat rawa or Ragi flour may be cooked in sufficient quantity of water till it become soft and semisolid. The Rawa may be roasted slightly     before cooking, add milk and broken groundnuts {roasted) and boil thick. Sugar or jaggery may be added and removed from fire.]

Rule - 46. Supply of clothes, soap and oil.

(1)     The creche attended or attendants shall be provided 2[free of cost] with four sets of clean clothes per year for use while on duty in the creche.

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

Rule - 47. Recreation Facilities.

Every employer shall provide and maintain-

(i)       a recreation centre or centers for workers with provisions 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 provisions of rule 48 a group of employers may with the approval of the Chief Inspector provide and maintain joint recreation centers and playgrounds and share their expenses.

Rule - 48.

Every recreation centre to be provided and maintained under rule 47 shall be conveniently situated as near as possible to the worker's quarters.

Rule - 49. Educational Facilities for Workers Children.

Every employer shall, if number of workers' children between the age of 6 and 12 in his plantation exceeds 25. provided and maintain a primary school or school 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 primary or higher standard, and within a distance of two miles from the place where workers reside in his plantation, or, if under any other law he is required to pay a cess or tax for primary education:

[18]["Provided further that schools started with less than fifty children may be considered for recognition by the Education department, on condition that the entire expenses including the salary of teachers shall be met the employers and financial aid from education department may be considered on merits under the provisions of the Kerala Education Rules, if and when the number of pupils in the institution exceeds fifty.]

Provided further that subject to the provisions of sub-rule (1) of rule 50 a group of employers may jointly provide and maintain a primary school and share its expenses.

Rule - 50.

(1)     Every school to be provided and maintained under rule 49 shall be conveniently situated and within a distance of two miles from the workers' quarters

(2)     No school opened without the previous sanction of the Director of Public instruction shall be recognized:

Provided that in the case of any school maintained in any plantation at the commencement of these rules the Director of Public Instruction may, subject to such conditions he may specify, grant recognition.

(3)     The schools shall be under the administrative control of the State Education Department.

(4)     Every school shall be under the management of one person or definite by constituted body of persons approved by the Education Department.

(5)     the school shall be conducted in conformity with the conditions of the education Code.

(6)     A school should have a minimum, site of 50 cents of land approved by the education Department and Building 100' x 18' constructed in accordance with the standard plan or plans approved by the Director of Public instruction:

Provided that where there is no standard plan or where it is proposed to devliate from a standard plan the Director of Public Instruction's approval of the plan of the school building shall be obtained.

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

Rule - 51.

There shall be provided for every primary maintained under rule 49 such educational and other equipments as may be considered necessary by the director of public instruction or such other authority appointed by him.

Rule - 52.

No person shall be permitted to teach in a school unless he has the required qualification as per education code rules and holds a license granted by the director of public instruction:

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 Director of Public Instructions or such other authority as may be appointed by him may. subject to such condition specified, relax any of the qualifications.

Rule - 53.

The curriculum, duration standard and syllabus of the course of instruction to be imparted in the primary school shall be such as may be prescribed by the education Department.

Rule - 54.

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

Rule - 55. Housing Accommodation for Workers.

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 year provided that houses shall be built for at least eight per cent of the resident workers every year up to the maximum required.

Rule - 56. Standard and Specification of Housing Accommodation.

All housing accommodation for workers in a plantation shall conform to such standards and specification as may be approved by the state government on the recommendation of the Advisory Board referred to in rule 65, provided that existing buildings substantially conforming to the later specifications may be accepted.

Rule - 57. Sites for Housing Accommodation.

(1)   The housing accommodation shall be provided on dry well-drained land which, taking into consideration of the requirements regarding distance from the plantations, has supplies of wholesome drinking water within a reasonable distance. In Malarialtracts, the houses shall be provided at a safe distance from the swams and marshes and above the highest flood level.

[19](2)  Adequate electric lighting shall be provided by employer in the houses provided for the workers and also 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 public free access to those parts of the plantation where the workers are housed.

(5)   The employer shall cause the vicinity of all house to be kept clear of refuse and excerta and their latrine and drains to be cleaned out daily and all refuse in or near them to be collected, removed and disposal of hygienically.

Rule - 58. Housing Scheme.

Within six months after standards and specifications are approved by government, 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 worker. 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 plantations, such period being not later than the period referred to in rule 55

(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 56.

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

Rule - 59. 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 waiting 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 31st January and 31st July every year.

Rule - 60. 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 defect 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 one 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. The dates on which lime-washing or painting was last carried out shall be painted or stenciled at a convenient spot on each building.

Rule - 61. 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 - 62. [Allotment and occupation of Houses.

(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 of his family who is worker][20]

[21][(1A) 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 house shall not make any unauthorized additions to or alterations in the house.

(3)     The occupant shall not exchange the house with the occupant of smother 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 worker and members of their families occupying the house 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 the living rooms or verandahs and no window or air space 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 - 63. Occupation of accommodation after termination of employment.

(1)     When a worker dies in the service of the employer or retries or goes on transfer, or resign or goes on leave or when his services are terminated, he or his family, as the case may be, may retain the house up to the period as detailed below:

(i)   In the case of death, a period not exceeding three months, and in the case of 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

[22][(iv) in the case where the discharge or dismissal of a worker results in an industrial dispute for so long as the case is not finally disposed of. ]

[23][(2)   If the competent authority is satisfied that a worker or any member of his family refuses to vacate the house allotted to such worker after the expiry of the period specified in sub-rule(l), 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 may be prescribed, required 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.

[24][(3) In the event the failure of the worker or any other person who is in occupation of the house to comply with the notice under sub rule(2), the competent authority may make a written requisition to the officer not below the rank of a revenue division officer having jurisdiction over the area to evict such worker, member or other person from the house.]

[25][(4) On receipt of requisition under sub-rule (3), the officer specified in sub-rule (3) shall by order evict such worker, member or other person from and take possession of the house and shall 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 purpose of this rule "competent authority" means such person or authority as may be notified by the State Government in this behalf.

Rule - 64. Facilities for Harvesting standing Crops on Termination of Employment.

(1)     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.

(2)     In the case of any employer wanting to take over for the estate use any plot of land that is being cultivated by the workers, the workers shall be given reasonable facilities to harvest the standing crops in their garden plots or be paid reasonable compensation in lieu thereof.

Rule - [64 A. Failure to Provide and Maintain Certain Facilities.

(1)     if in any Plantation the employer does not provide and maintain all or any of the facilities and amenities required to be provided under rules 41 to 46 or 49 to 63, the Chief Inspector shall issue notice to employer requiring him to provide the facilities and amenities within 30 days of receipt of the notice. If no satisfactory reply is received within the time specified or the required facilities or amenities are not provided he may require the Chief Engineer,(Roads and Buildings) to construct the building(s) for the purpose in conformity with the provisions contained in the said rules at Government cost and send a certificate of cost incurred therefor to the Chief Inspector

(2)     The Chief Inspector shall arranged to provide other facilities and amenities required to be provided under the said Rules at Government cost.

(3)     After estimating the total cost incurred under sub-rules (1&2) the chief inspector shall require the employer in writing to remit the amount so estimated within a month failing which the Chief Inspector shall issue a certificate for the amount to the Collector who may recover the amount as an arrear of land revenue

(4)     The recurring expenditure if any incurred under sub-rules (1) and (2) shall be recovered in the manner specified in sub-rule (3).][26]

Rule - 65. Constitution.

The State Government shall by notification in the official gazette; Constitute an Advisory Board for consultation in regard to matters connected with housing.[27][The Advisory Board shall meet at least twice in a year during the months of January and June, at such time and place as may be appointed by the chairman]

Rule - 66. Composition.

(1)     The advisory Board shall consist of -

(i)       the Secretary to the state government in Department concerned, who shall be the Chairman of the Board;

(ii)      two officials to be nominated by the State Government; and

(iii)     five representatives each of employers and worker nominated in consultation with the interests concerned.

[28]((iv)] One representative of the staff other than workers nominated in consulation with interest concerned.]

(2)     The Chief Inspector of Plantations shall be the Convener of the board,

(3)     No act or proceedings of the Advisory Board shall be invalid on the ground of any defect in the constitution of, or any vacancy in the Board.

Rule - 67. Term of Office, etc., of members.

The provision of rules 20 to 30 relating to term of office of members travelling allowance, resignation, vacation at office and procedure relating to meetings of Medical Advisory Board shall apply mutatis and mutantis to the Advisory Board constituted under rule 65 above.

Rule - 68. Powers and Function of the Advisory Board.

(1)     The Advisory board shall advise the State Government as regards standards and specifications of houses which may be approved.

(2)     The advisory Board shall scrutinies the yearly progress reports from employers and advise the State Government to issue such instructions in the light thereof as will ensure compliance with the relevant provisions of the Act and these rules within the scheduled period.

(3)     In addition to matters specified in sub-rule (1) and (2), the Advisory Board shall consider and report on any matter connected with housing of workers which may be referred to it by the State Government or by the Chairman of the Advisory Board.

Rule - 69. Removal of Difficulties.

If there is any difficulty in the working of rules 55 to 68 the State Government may issue such instructions as it may consider necessary to remove the difficulty.

[29]CHAPTER IV A - ACCIDENT AND COMPENSATION

Rule - 69A. Commissioner.

Any Commissioner for Workmen's Compensation appointed under section 20(1) of the workmen's compensation Act, 1923 (Act VIII of 1923) shall be qualified to be appointed as Commissioner for the purpose of determining the amount of Compensation payable under section 16 a of the Act

Rule - 69AA. Conditions of service of Commissioner.

The service Conditions of the Commissioner under the Plantation Labor Act, 1951 shall be the same as those applicable to the commissioner for Workmen's Compensation.

Rule - 69B. Procedure of Commissioner and other matters.

(1)     The application for payment of Compensation under 16A shall be in Form F prescribed under rule 20 of the Kerala Workmen's Compensation Rules, 1958. The procedure laid down in the Kerala Workmen's Compensation Rules, 1958 shall mutaties-mutandis apply for the receipt and disposed of application for Compensation by the Commissioner.

(2)     The matter or matters on which the Commissioner seeks the assistance of person prossessings special Knowledge shall relate to any one or more of the following:

(a)      The causes leading to the collapse of the house;

(b)      The sole and direct fault if any on the part of any occupant of the house for the collapse of the house;

(c)      The existence or otherwise of natural calamity:

(d)      The extends of injury sustained by a worker or any member of his family and the loss of earning capacity.

(3)     Any amount of compensation awarded by the Commissioner shall be recovered as arrears of land revenue by collector of the District in which the Accident occurred on receipt of a certificate from the Commissioner to that effect]

Rule - 70.

(1)     Every employer shall supply to every worker free of cost once in every twelve months either a combli or an umbrella or rain-coat or a hat of suitable quality approved by the Chief Inspector;

Provided that in an estate situated at an elevation of 2500 ft or more above sea level one extra combli shall be supplied in addition to the above:

Provided further that in the case of temporary workers, the employer shall have the option of supplying a special type of combli which is returnable on termination of the employment alternatively an allowance of [30][three paise] per day's work.

[31][Provided further that in case of dispute or difference of opinion regarding the choice of any of the articles referred to above, the Chief Inspects shall make the choice.]

In case of dispute or difference of opinion regarding the elevation of any estate the Chief Inspector shall arrange for elevation being determined.

[32](2)  if in any plantation the employer does not supply the weather protective to the workers as required under sub-rule (1), the chief inspector shall issue notice to the employer requiring him to supply the weather protectives within 30 days of receipt of the notice.

(3)    If no satisfactory reply is received or the weather protective are not supplied within the time specified the Chief Inspector shall arranged to supply the weather protectives to the workers and issue notice to the employer to remit the amount of expenditure incurred therefore within 30 days of the receipt of the notice. If the employer fails to remit the amount within the time specified, the Chief Inspector shall issue a certificate for the amount to the collector who may recover the amount as an arrear of land revenue.

[33][NOTE: -The supply of either a cumbly or an umbrella or a rain coat or a hat mentioned above and also the supply of an extra cumbly stipulated in the first proviso shall have to be made on or before the 31st May of every year. ] 

CHAPTER V - HOURS AND LIMITATION OF EMPLOYMENT

Rule - 71. 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 general 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 his day of rest at the overtime rate prevailing in a particular areas as fixed under the Minimum Wages Act, 1948, and where there is no such rate, at double the ordinary rate.

Rule - 72. Notice of Period of work.

(1)     The notice prescribed in section 23 shall be in the Form No.5.

(2)     It shall be written in English and in the 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

Rule - 1[73. Payment of Sickness Allowance.

(1)     Every [34][adult] worker shall be entitled to obtain sickness allowance from his employer for each day of certified sickness for a total period of 14 days in an year at the rate of two-thirds of his daily time rated wages, [35][ subject to a minimum of Re 1 per day]

[36][(IA) Every adolescent worker shall be entitled to get sickness allowance from his employer for each day of certified sickness for a total period of 14 days in an year at the rate of 65 paise per day;

(IB) Every child worker shall be entitled to get sickness allowance from his employer for each day of certified sickness for a total period of 14 days in an year at the rate of 50 paise per day]

(2)     Sickness allowance specified in sub-rule (1) shall be paid either weekly or along with first installment of wages payable to the worker after he resumes his work on recovery from certified sickness.

(3)     The certificate of sickness shall be issued in Form No.6 (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 his 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 at the cost.

(4)     Notwithstanding anything contained in these rules, no worker shall be entitled to sickness benefits for any day on which he works.

Rule - [73A. Accumulation of sick leave.

(1)     Notwithstanding anything contained in the rule 73, 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 the days of leave that may be carried forward to a succeeding year shall not in any case exceed thirty days.

(2)     In addition to the leave to which a worker is entitled under sub-rule (1) of rule 73 and sub-rule (1) of this rule, a worker may in the event of certified sickness, the prefix or suffix to such leave, the balance amount, if any, of the annual leave with wages outstanding to his credit under section 30 of the act:

Provided that the leave under the sub-rule shall be allowed only in genuine cases of serious chronic illness or for prolonged periods of convalescence on the basis of a certificate in Form No. 6.

(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 assistant surgeon.

(3)     Sickness allowance at the rate laid down in rule 73 shall be payable for the days of the leave availed of under sub-rule (1).][37]

Rule - 74. Payment of Maternity Allowance.

Every women employed in a plantation in the case of confinement, or expected confinement, shall without prejudice to her right, if any, to premedical facilities existing in a plantation be entitled to obtain from her employer maternity allowance at such rate, for such period and at such intervals as have been provided for in the [38][Maternity Benefit Act, 1961 (Central Act 53 of 1961)] and the rules made thereunder.

Rule - [74A. Rule prescribed under section 32A.

The employer shall send a notice of accident in Form No.21 to the chief inspector of plantations and to the inspector of plantations having jurisdiction over the area within three days of the occurrence of the accident:

Provided that in the case of a fatal accident a notice shall be sent within twenty-four hours.][39]

Rule - 74B. Rule prescribed under section 32B.

The Registrar of Accidents to be maintained by the employer shall be in Form No. 22)

CHAPTER VII - MISCELLANEOUS

Rule - 75. 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 objection 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 authorized 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.

Rule - 76. Registers.

(1)     Every employer shall maintain -

(a)      registers of adult and non-adult workers in Form Nos-7 and 8 respectively, and

(b)      a register in Form No.9 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 there 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. 10 (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 two annas.

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

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

Rule - 77. 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. 11.

(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. 12, 13, 14 and 15.

(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 the provision of medical facilities in Form No. 16.

Rule - [77A. Power to exempt.

The State Government may by order in writing exempt,- subject to such conditions and restrictions as they may think fit to impose, any employer or class of employers from all or any of the provisions of these rules:

Provided that no such exemption shall be granted except with the previous approval of the Central Government.][40]

Rule - 78. Repeal.

The Travancore Cochin Plantations Labor Rules, 1955 and the Madras Plantations Labor Rules, 1955 in their application to the territories transferred from the State of Madras to the State of Kerala, are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.