PLANTATION LABOUR ACT, 1951

1. Short Title, extent, commencement and application,

This act may be called the Plantation Labour Act, 1951. It extends to the whole of Indian except the State of Jammu and

Kashmir. It applies to any land uses or intended to be used for growing tea,

coffee, rubber, cinchona or cardamom which admeasure 5 hectare or more and in which 15 or more persons are/were employed in the last 12 preceding year.

In case of any other plant, land requirement is 5 hectare and employment of persons is 15 or more.

2. Definitions: Adolescent Child Day Employer Family Inspector Plantation Prescribed. Qualified Medical Practitioner as specified in by Indian

Medical Degree Act and Indian Medical Council Act, 1956. Wages as defined in Minimum Wages Act, 1948 Week Worker means to do skilled or unskilled work including

medical officer, member of the medical staff, managerial staff.

3. Registration of Plantation

Appointment of registering officer in terms of order of the State Government published in Official Gazette.

It will also define the limits.

3B. Registration of plantation

Every employer of plantation, existing/comes to existence at the commencement of Plantations Labour (Amendment) Act, 1981 make an application to the registering officer for registration of such plantation.

Application must be submitted on prescribed format along with required fee.

Registration officer shall issue Certificate of Registration subject to his satisfaction.

3C. Appeals against the orders of registering officer Appeal should be made to the Appellate authority within 30 days of the order.

3D. Power to make rules

Inspecting Staff

4. Chief Inspector and inspectors

5. Powers and functions of inspectors Make such examination and inquiry as he thinks fit. Enter, inspect and examine any plantation or part thereof Examine the crop grown, employee, records Exercise such powers as may be prescribed.

6. Facilities to be afforded to the inspectors.

7. Certifying surgeons Appointment by State Government Carry out duties as prescribed in connection with

examination and certification of workers.

PROVISIONS AS TO HEALTH

8. Drinking water 9. Conservancy

10. Medical Facilities as prescribed by the State Government otherwise Chief Inspector may instruct and recover the cost as land revenue. Welfare

11. Canteens 150 or more workers

12. Crèches 50 or more women workers or 20 or more children including of workers on contract. Children means, below the age of six years.

13. Recreational facilities – as prescribed by State Government.

14. Educational facilities where the children

between six to twelve exceeds 12 in number, the State Government may make rules. 15. Housing facilities – It is the duty of the employer to provide housing facilities to every employee including in family. 16. Powers to make rules relating to housing – The State is empowered to make rules.

16. Liability of the employer in respect of accidents resulting from collapse of house provided by him – shall have pay compensation as per provisions of The Workmen’s Compensation Act, 1923.

17 Other facilities The State Government may make rules requiring that in every plantation, the employer shall provide with such number of umbrellas, blankets, raincoats or other amenities for protection of workers.

17. Welfare Officers – Where there are 300 or more workers, the employer shall apply for posting of

Welfare Officer/s.

18. Weekly Hours – Adult worker 48 hours in a week where as adolescent 27 hours.

19. Weekly Holidays20. Daily Intervals – Working up to five hours…..21. Notice of period of work22. Night work foe women and children –only with the special

permission of state govt.23. Certificate of Fitness-m shall be issued by certifying surgeons and

shall be valid for 12 months.24. Leave with wages – an adult for every 20 days working, a young

person one day for every 15 days of working.25. Wages during the leave period – wages plus cash value of foods as

supplied by the employer.26. Sickness and maternity leave.27. Notice of accident – if the workers is not able to work for more than

48 hours, such notice should be sent to the authority28. Register of accident. Penalties and Procedure

Obstruction to inspector – Fine up to Rs.500/- or imprisonment up to 3 months or both.

Wilful refusal to produce documents – Rs. 500/- or upto 3 months imprisonment or both……..