Professional Documents
Culture Documents
CHAPTER I PRELIMINARY
(2) It extends to the whole of India exc ept the State of Jammu and
Kashmir.
(3) It shall c ome into force on such date as the Central Government
may by notific ation in the Official Gazette, appoint.
(a)To any land used or intended to be used for growing tea, c offee,
rubber [, c inchona or c ardamom]2 which admeasures [5]2 hec tares
or more and in whic h [fifteen]2 or more persons are employed or
were employed on any day of the preceding twelve months-,
(b)To any land used or intended to be used for growing any other
plant, whic h admeasures [5]2a hectares or more and in which
2a [fifteen] or more persons are employed or were employed on any
day of the prec eding twelve months, if after obtaining the approval
of the Central Government, the State Government by notification in
the Offic ial Gazette, so directs.
3[Explanation. --- Where any piec e of land used for growing, any
plant referred to in c lause (a) or c lause (b) of this sub-sec tion
admeasures less than 5 hectares and is c ontiguous to any other
piec e of land not being so used, but c apable of being so used, and
both suc h pieces of land are under the management of the same
employer. then, for the purposes of this subsection, the piec e of
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Provided that for any area in which the Indian Standard Time is not
ordinarily observed, the State Government may make rules-
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REGISTRATION OF PLANTATIONS
(b)Define the limits within whic h a registering offic e shall exerc ise
the powers and discharge the func tions c onferred or imposed on him
by or under this Chapter.
(2)Every applic ation made under sub-sec tion (1) shall be in such
form and shall contain such particulars and shall be a acc ompanied
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(3)After the rec eipt of an applic ation under sub- sec tion (1), the
registering offic er shall register the plantation.
(2)After the rec eipt of an appeal under sub-sec tion (1), the
appellate authority may, after giving the appellant, the employer
referred to in sub-sec tion (5) of Sec tion 3-B and the registering
officer an opportunity of being heard in the matter, dispose of the
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INSPECTING STAFF
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(b) With suc h assistants, if any, as he thinks fit, enter, inspect and
examine any plantation or part thereof at any reasonable time for
the purpose of carrying out the objec ts of this Act;
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7.Certifying surgeons. -
PROVISIONS AS TO HEALTH
9.Conservancy. -
(2)All latrines and urinals provided under sub-sec tion (1) shall be
maintained in a clean and sanitary c ondition.
10.Medical Facilities-
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(2)If in any plantation medic al fac ilities are not provided and
maintained as required by sub-section (1) the c hief inspector may
cause to be provided and maintained therein suc h medic al facilities,
and recover the cost thereof from the defaulting employer.
(3)For the purposes of suc h rec overy the c hief inspec tor may
certify the c osts to be recovered to the c ollec tor, who may recover
the amount as an arrear of land revenue.
WELFARE
11.Canteens. —
(c) The foodstuffs whic h may be served therein and the charges
whic h may be made therefor;
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12. Crèches. —
(3)The State Government may make rules presc ribing the loc ation
and the standards of 3[the rooms referred to in sub-sec tion (1) or
sub-section (1-A) in respec t of their c onstruction and
ac c ommodation and the equipment and amenities to be provided
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(a)For every worker (inc luding his family) residing in the plantation;
(b)For every worker (inc luding his family) residing outside the
plantation, who has put in six months of continuous service in such
plantation and who has expressed a desire in writing to reside in the
plantation:
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(2) The provisions of Sec tion 4 of, and Schedule IV to, the
Workmen's Compensation Act, 1923 (8 of 1923), as in forc e for the
time being,, regarding the amount of c ompensation payable to a
workman under that Act shall, so far as may be, apply for the
determination of the amount of c ompensation payable under sub-
section (1).
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(1)An applic ation for payment of c ompensation under Sec tion 16-A
may be made to the Commissioner-
(b)By any agent duly authorised by the person who has sustained
the injury; or
(c)Where the person who has sustained the injury is a minor, by his
guardian; or
(2)Every application under sub-sec tion (1) shall be in such form and
shall c ontain suc h partic ulars as may be presc ribed.
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(3) The Commissioner shall have all the powers of a c ivil court while
trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in
respect of the following matters, namely: -
(d)Requisitioning any public rec ord or copy thereof from I any c ourt
or officer;
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Provided that the High Court may entertain any suc h appeal after
the expiry of the period aforesaid if it is satisfied that the appellant
was prevented by suffic ient c ause from preferring the appeal within
such period:
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(iv) Generally for the effective exerc ise of any powers conferred on
the Commissioner.]
(2)The State Government may presc ribe the duties, qualific ations
and conditions of service of offic ers employed under sub-sec tion
(1).
STATE AMENDMENT
Kerala. - In Sec tion 18, after sub-section (1) add the following:
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Provided that before appointing welfare offic ers under this sub-
section the employer shall be given an opportunity of being heard. -
Kerala Act 25 of 1969, S. 2 (1-12-1969).
SECTION 18-A
(2) For the purpose of all rec overy, of the cost under sub-sec tion
(1) the c hief inspector may c ertify the amount to be recovered to
the Collec tor, who may thereupon rec over suc h amount as an arrear
of land revenue. --Kerala Ac t 25 of 1969, S. 2(1-12-1969).
19.Weekly hours. -
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Provided that no worker such shall be allowed to work for more than
nine hours on any day and more than fifty-four hours in any week.
Provided that in so doing a worker does not work for more than ten
days consecutively without a holiday for a whole day intervening.
21. Daily intervals for rest. -The period of work on each day shall
be so fixed that no period shall exc eed five hours and that no
worker shall work for more than five hours before he has had an
interval for rest for at least half an hour.
1a. Subs. by Act No. 42 of 1953, S. 4 and Sch. 111, for “ 19”.
24. 1[*******].
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25.Night work for women and children. - Exc ept with the
permission of the State Government, no woman or child worker shall,
be employed in any plantation otherwise than between the hours of
6 a.m. and 7 p.m.
(a)A certific ate of fitness granted with the referenc e to him under
Sec tion 27 is in the c ustody of the employer; and
27.Certificate of fitness. –
(1)A c ertifying surgeon shall, on the applic ation of any young person
or' his parent or guardian ac c ompanied by a document signed by the
employer or any, other person on his behalf at suc h person will be
employed in the plantation if certified to be fit for work, or on the
application of the employer or any other person on his behalf with
referenc e - to any young person intending to work, “amine such
person and asc ertain his fitness for work either as a c hild or as an
adolescent.
(2)A certific ate of fitness granted under this sec tion shall be valid
for a period of twelve months from the date thereof, but may be
renewed.
(3)Any fee payable for a c ertific ate under this sec tion shall be paid
by the employer and shall not be rec overable from the young
person, his parents or guardian.
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(a)If an adult, one day for every twenty days of work performed by,
him, and
(b)If a young person, one day for every fifteen days of work
performed by him:1[* * * *]
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(2) If a worker does not in any one period of twelve months take
the whole of the leave owed to him under sub-sec tion (I), and leave
not taken by him shall be added to the leave to be allowed to him
under that subsec tion in the suc c eeding period of twelve months.'
(3)A worker shall cease to earn any leave under this section when
the earned leave due to him amounts to thirty days.
1(l) For the leave allowed to a worker under Sec tion 30, he shall be
paid, -
(b)In other c ases, inc luding c ases where he is, during the preceding
twelve calendar months, paid- partly on a, time-rate basis and
partly on a piece-rate basis, at the rate of the average daily wage
calc ulated over the prec eding twelve calendar, months.
(I-A) In addition to the wages for the leave period at the rates
spec ified in sub-sec tion (1), a worker shall also be paid the cash
value of food and other concessions, if any, allowed to him by the
employer in addition to his daily wages unless these concessions are
continued during the leave period.]
(2) Worker who has been allowed leave for 2[any period not less
than] four days in the case of an adult and five days in the case
of a young person under Sec tion 30 shall, before his leave begins,
be paid his wages for the period of the leave allowed.
(1) Subjec t to any rules that may be made in this behalf, every
wonder shall be entitled to obtain from his employer-,
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ACCIDENTS
1.Ins. by Act No. 58 of 1981 w.e.f. 26-1-1982.
33.Obstruction. –
(1) Whoever obstruc ts and inspec tor in the disc harge of his duties
under this Ac t or refuses or wilfully neglec ts to afford the inspec tor
any reasonable facility for making any inspec tion, examination or
inquiry authorized by or under this Ac t in relation to any, plantation,
shall be punishable with imprisonment for a term whic h may extend
to three months or with fine which may extend to five hundred
rupees, or with both.
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(2)Where an order is made under sub-sec tion (1), the employer shall
not be liable under this Ac t in respect of the c ontinuation of the
offenc e during the period or extended period, as the c ase may be,
spec ified by the court, but if, on the expiry of suc h period or
extended period, the older of the court has not been fully c omplied
with, the employer shall be deemed to have c ommitted a further
offenc e and he shall, on convic tion, be punishable with imprisonment
for a term which may extend to six months and with fine whic h may
extend to three hundred rupees for every day after suc h expiry.]
(a)He has used due diligenc e to enforc e the exec ution of the
relevant provisions of this Ac t; and
The said other person shall be c onvic ted of the offence and shall be
liable to the like punishment as if he were the employer and the
employer shall be ac quitted:
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(a) The employer may be examined on oath and his evidenc e and
that of any witness whom he calls in his support shall be subject to
cross-examination on behalf of the person he c harges to be the
ac tual offender and by the prosecutor, and
(b) If, in spite of due diligenc e, the person alleged as the ac tual
offender cannot be brought before the Court on the day appointed
for the hearing of the case, the Court shall adjourn the hearing
thereof from time to time so, however, that the total period of such
adjournment does not exc eed three Months, and if, by the end of
the said period, the person alleged as the ac tual offender cannot
still be brought before the Court, the Court shall proc eed to hear
the case against the employer.. 431
MISCELLANEOUS
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Provided that the date to be spec ified under c lause (3) of Sec tion
23 of the General Clauses Act, 1897 (10 of 1897), shall not be less
than six weeks from the date on whic h the draft of the proposed
rules was published.
(b)The powers which may be exerc ised by inspectors and the areas
in whic h and the manner in whic h suc h powers may be exercised;
(e)Appeals from any order of the c hief inspec tor or inspec tor and
the form in which, the time within which and the authorities to
whic h, such appeals may be preferred;
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(h)The medic al, rec reational and educ ational facilities that should be
provided in plantations;
(k)The hours of work for a normal working day for the purposes of
wages and overtime.
(3) All rules made under this Act shall, if made by any Government,
other than the Central Government, be subjec t to the previous
approval of the Central Government.
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