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