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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
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
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
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
MISCELLANEOUS Section 41- Power to give
directions Section 42- Power to exempt Section 43- General power to make
rules