PLANTATIONS LABOUR ACT, 1951

INTRODUCTION Tea Districts Emigrant Labour Act,

1832 Workmen’s Breach of Contract Act,

1859 Factories Act, 1881 Since these and other subsequent

laws covered plantations labour only to a very limited extent Plantation Labour Act, 1951 was enacted to provide for their welfare for whole of of India

PURPOSE

An Act to provide for the welfare of labour, and to regulate the conditions of work, in plantations

APPLICATION To any land used or intended to be

used for growing tea, coffee, rubber, cinchona or cardamom which admeasures 5 hectares or more and in which fifteen or more persons are or were employed on any day of preceding twelve months

For growing any other plant, if after obtaining approval of Central Government, State Government so directs

DEFINITIONS FAMILY, when used in relation to a

worker, means (i) his or her spouse, and (ii) legitimate or adopted children

below eighteen years dependent upon him or her, who have not completed their eighteen years, and

includes, where worker is male, his dependent parents

PLANTATION means any plantation to which this Act applies, includes offices, hospitals, dispensaries, schools and any other premises used for any purpose connected with plantation but does not include factories and premises to which provisions of Factories Act, 1948 applies

WAGES- Meaning assigned to it in Minimum Wages Act, 1948

WORKER- Employed in plantation for hire or reward directly or through any agency to do any work, skilled, unskilled, manual or clerical but

does not include (i) medical officer employed in

plantation (ii) person employed in plantation

whose monthly wages exceed seven hundred fifty rupees

(iii) person employed in plantation in managerial capacity

(iv) person temporarily employed in plantation in any work of construction etc.

REGISTRATION OF PLANTATIONS Section 3-A- Appointment of

registering officers Section 3-B(1)- Registration of

plantations Every employer of a plantation

within sixty days of application of this Act is to make application for registration

(2) Form, particulars and fees are to be as prescribed

(3) Registering officer is to register

(4) Registering officer is to issue certificate of registration

(5) Any change in ownership or management, area etc. are to be intimated within thirty days

(6) Where as result of any intimation under (5) if registering officer is satisfied that registration is not required he is to cancel registration and cause order to be published in one newspaper in language of and having circulation in area of plantation

Section 3-C- Appeals against orders of registering officer are to be made within thirty days of publication, appellate authority is to dispose appeal expeditiously

Section 3-D- Power to make rules State Government may make rules

to carry out purposes of this Chapter

- form of application - form of certificate of registration - particulars regarding change

above - appeal authority and fees - registers to be kept by

registering officer

INSPECTING STAFF Section 4- Chief Inspector and

Inspectors Section 5- Power and functions of

Inspectors Section 6- Facilities to be afforded

to Inspectors

Section 7- Certifying surgeons

PROVISIONS AS TO HEALTH Section 8- Drinking water Section 9- Conservancy Section 10(1)- Medical facilities are to

be provided for workers and their families

(2) If not provided, Chief Inspector may cause them to be provided, recover cost from defaulting employer

(3) Recovery as arrear of land-revenue

WELFARE Section 11- Canteen For one hundred and fifty workers Section 12- Creches For fifty or more women workers or

twenty or more children of women workers

Section 13- Recreational facilities

Section 14- Educational facilities For children between age of six

and twelve of workmen exceeding twenty five in number

Section 15- Housing facilities It is to be duty of employer to

provide and maintain housing (a) for every worker (including his

family) residing in the plantation (b) for every worker (including his

family) residing outside the plantation if he has put six months continuous service and has expressed desire to reside in the plantation

Provided that the requirement of continuous service of six months under this clause will not apply to a worker who is a member of the family of a worker, who immediately before his death, was residing in the plantation

Section 16- Power to make rules relating to housing

Section 16-A-G- Liability of employer in respect of accidents resulting from collapse of houses provided by him

Section 17-Other facilities like umbrellas, blankets, rain-coats for protection from rain or cold

Section 18- Welfare officers For three hundred or more

workers

HOURS AND LIMITATION OF EMPLOYMENT

Section 19- Weekly hours Section 20- Weekly holidays Section 21- Daily intervals of rest

Section 22- Spread-over Section 23- Notice of period of

work Section 25- Night work for women

and children

Section 26- Non-adults to carry tokens

Section 27- Certificate of fitness Section 28- Power to require

medical examination

LEAVE WITH WAGES Section 29- Application of this

chapter Section 30- Annual leave with

wages Section 31- Wages during leave

period

Section 32- Sickness and maternity benefits

Every worker is to be entitled to obtain from his employer in case of sickness certified by a qualified medical practitioner, sickness allowance

Maternity benefits are received under Maternity Benefit Act, 1961, if this Act applies

ACCIDENTS

Section 32-A- Notice of accident Section 32-B- Register of accidents

PENALTIES AND PROCEDURE Section 33- Obstruction Section 34- Use of false certificate

of fitness Section 35- Contravention of

provisions regarding employment of labour

Section 36- Other offences Section 37- Enhanced penalty after

previous conviction

Section 37-A- Power of court to make orders

Section 38- Exemption of employer from liability in certain cases

Section 39- Cognizance of offences

Section 40- Limitation of procecutions

MISCELLANEOUS Section 41- Power to give

directions Section 42- Power to exempt Section 43- General power to make

rules