(1) This Act may be called the PlantationsLabour Act, 1951.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint

2[(4) It applies to the following plantations, that is to say,--

(a) to any land used or intended to be used for growing tea, coffee, rubber 3[, cinchona orcardamom] which admeasures 5[5 hectares] or more and in which 6[fifteen] or more persons areemployed 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, which admeasures 4[5 hectares] or more and in which 5[fifteen] or more persons are employed or were employed on any dayof the preceding twelve months, if, after obtaining the approval of the Central Government, the StateGovernment, by notification in the Official Gazette, so directs.

6[Explanation.--Where any piece of land used for growing any plant referred to in clause (a) orclause (b) of this sub-section admeasures less than 5 hectares and is contiguous to any other piece of landnot being so used, but capable of being so used, and both such pieces of land are under the managementof the same employer, then, for the purposes of this sub-section, the piece of land first mentioned shall bedeemed to be a plantation, if the total area of both such pieces of land admeasures 4 hectares or more.]

(5) The State Government may, by notification in the Official Gazette, declare that all or any of theprovisions of this Act shall apply also to any land used or intended to be used for growing any plantreferred to in clause (a) or clause (b) of sub-section (4), notwithstanding that--

(a) it admeasures less than 7[5 hectares], or

(b) the number of persons employed therein is less than 8[fifteen]:

Provided that no such declaration shall be made in respect of such land which admeasured less than7[5 hectares] or in which less than 8[fifteen] persons were employed, immediately before thecommencement of this Act.]

1. 1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530.

2. Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960).

3. Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982).

4. Subs. by s. 2, ibid., for "10.117 hectares" (w.e.f. 26-1-1982).

5. Subs. by s. 2, ibid., for "thirty" (w.e.f. 26-1-1982).

6. Ins. by s. 2, ibid. (w.e.f. 26-1-1982).

7. Subs. by Act 58 of 1981, s. 2, for "10.117 hectares" (w.e.f. 26-1-1982).

8. Subs. by s. 2, ibid., for "thirty" (w.e.f. 26-1-1982).

. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammuand Kashmir and the Union territory of Ladakh.

In this Act, unless the context otherwise requires,--

(a) "adolescent" means a person who has completed his 1[fourteenth] year but has not completedhis eighteenth year;

(b) "adult" means a person who has completed his eighteenth year;

(c) "child" means a person who has not completed his 1[fourteenth] year;

(d) "day" means a period of twenty-four hours beginning at midnight;

(e) "employer" when used in relation to a plantation, means the person who has the ultimatecontrol over the affairs of the plantation, and where the affairs of any plantation are entrusted to anyother person (whether called a managing agent, manager, superintendent or by any other name) suchother person shall be deemed to be the employer in relation to that plantation;

2[Explanation.--For the purposes of this clause, "the person who has the ultimate control over thethe affairs of the plantation" means in the case of a plantation owned or controlled by--

(i) a company, firm or other association of individuals, whether incorporated or not, everydirector, partner or individual;

(ii) the Central Government or State Government or any local authority, the person or personsappointed to manage the affairs of the plantation; and

(iii) a lessee, the lessee;]

3[(ee) "family", when used in relation to a worker, means--

(i) his or her spouse, and

(ii) the legitimate and adopted children of the worker dependent upon him or her, who havenot completed their eighteenth year,

4[and includes parents and widow sister, dependent upon him or her;]

5[(eee) "inspector" means an inspector of plantations appointed under sub-section (1) of section 4and includes an additional inspector of plantations appointed under sub-section (1A) of that section;]

6[(f) "plantation" means any plantation to which this Act, whether wholly or in part, applies andincludes offices, hospitals, dispensaries, schools, and any other premises used for any purposeconnected with such plantation, but does not include any factory on the premises to which theprovisions of the Factories Act, 1948 (63 of 1948) apply;]

(g) "prescribed" means prescribed by rules made under this Act;

7[(h) "qualified medical practitioner" means a person holding a qualification granted by anauthority specified or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916),or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956), and includes anyperson having a certificate granted under any Provincial or State Medical Council Act;

(i) "wages" has the meaning assigned to it in clause (h) of section 2 of the Minimum Wages Act,1948 (11 of 1948);]

(j) "week" means a period of seven days beginning at mid-night on Saturday night or such othernight as may be fixed by the State Government in relation to plantations in any area after suchconsultation as may be prescribed with reference to the plantations concerned in that area;

8[(k) "worker" means a person employed in a plantation for hire or reward, whether directly orthrough any agency, to do any work, skilled, unskilled, manual or clerical 9[and includes a personemployed on contract for more than sixty days in a year], but does not include--

(i) a medical officer employed in the plantation;

(ii) any person employed in the plantation (including any member of the medical staff) whosemonthly wages exceed 10[rupees ten thousand];

(iii) any person employed in the plantation primarily in a 11[managerial or administrativecapacity, notwithstanding that his monthly wages do not exceed ten thousand]; or

(iv) any person temporarily employed in the plantation in any work relating to theconstruction, development or maintenance of buildings, roads, bridges, drains or canals;]

(l) "young person" means a person who is either a child or an adolescent.

1. Subs. by Act 61 of 1986, s. 24, for "fifteenth" (w.e.f. 23-12-1986).

2. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010).

3. Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960).

4. Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010).

5. Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982).

6. Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960).

7. Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960).

8. Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960).

9. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010).

10. Subs. by Act 17 of 2010, s. 2, for "rupees seven hundred and fifty" (w.e.f. 7-6-2010).

11. Subs. by Act 17 of 2010, s. 2, for "managerial capacity, notwithstanding that his monthly wages do not exceed rupees sevenhundred and fifty" (w.e.f. 7-6-2010).

In this Act, references to time of day are references to Indian StandardTime being five and a half hours ahead of Greenwich Mean Time:

Provided that for any area in which the Indian Standard Time is not ordinarily observed, the StateGovernment may make rules--

(a) specifying the area;

(b) defining the local mean time ordinarily observed therein; and

(c) permitting such time to be observed in all or any of the plantations situated in that area.

1[3A. Appointment of registering officers.--The State Government may, by notification in theOfficial Gazette,--

(a) appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be registeringofficers for the purposes of this Chapter, and

(b) define the limits within which a registering officer shall exercise the powers and discharge thefunctions conferred or imposed on him by or under this Chapter.]

1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982).

1[3B. Registration of plantations.--(1) Every employer of a plantation, existing at the commencementof the Plantation Labour (Amendment) Act, 1981 (58 of 1981) shall, within a period of sixty days of suchcommencement, and every employer of any other plantation coming into existence after suchcommencement shall, within a period of sixty days of the coming into existence of such plantation, makean application to the registering officer for the registration of such plantation:

Provided that the registering officer may entertain any such application after the expiry of the periodaforesaid if he is satisfied that the applicant was prevented by sufficient cause from making theapplication within such period.

(2) Every application made under sub-section (1) shall be in such form and shall contain suchparticulars and shall be accompanied by such fees as may be prescribed.

(3) After the receipt of an application under sub-section (1), the registering officer shall register theplantation.

(4) Where a plantation is registered under this section, the registering officer shall issue a certificateof registration to the employer thereof in such form as may be prescribed.

(5) Where, after the registration of a plantation under this section, any change occurs in the ownershipor management or in the extent of the area or other prescribed particulars in respect of such plantation, theparticulars regarding such change shall be intimated by the employer to the registering officer withinthirty days of such change in such form as may be prescribed.

(6) Where as a result of any intimation received under sub-section (5), the registering officer issatisfied that the plantation is no longer required to be registered under this section, he shall, by order inwriting, cancel the registration thereof and shall, as soon as practicable, cause such order to be publishedin any one newspaper in the language of, and having circulation in, the area where the plantation issituated.]

1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982).

1[3C. Appeals against orders of registering officer.--(1) Any person aggrieved by the order of aregistering officer under sub-section (6) of section 3B may, within thirty days of the publication of suchorder in the newspaper under that sub-section, prefer an appeal to such authority as may be prescribed:

Provided that the appellate authority may entertain an appeal under this sub-section after the expiry ofthe aforesaid period if it is satisfied that the appellant was prevented by sufficient cause from preferringthe appeal within such period.

(2) After the receipt of an appeal under sub-section (1), the appellate authority may, after giving theappellant, the employer referred to in sub-section (5) of section 3B and the registering officer anopportunity of being heard in the matter, dispose of the appeal as expeditiously as possible.]

1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982).

1[3D. Power to make rules.--(1) The State Government may, by notification in the Official Gazette,make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the form of application for the registration of a plantation, the particulars to be contained insuch application and the fees to be accompanied along with such application;

(b) the form of the certificate of registration;

(c) the particulars regarding any change in respect of which intimation shall be given by theemployer to the registering officer under sub-section (5) of section 3B and the form in which suchchange shall be intimated;

(d) the authority to which an appeal may be preferred under section 3C and the fees payable inrespect of such appeal;

(e) the registers to be kept and maintained by a registering officer.]

1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982).

(1) The State Government may, by notification in the OfficialGazette, appoint for the State a duly qualified person to be the chief inspector of plantations and so manyduly qualified persons to be inspectors of plantations subordinate to the chief inspector as it thinks fit.

1[(1A) The State Government may also, by notification in the Official Gazette, appoint such officersof the State Government or of any local authority under its control, as it thinks fit, to be additionalinspectors of plantations for all or any of the purposes of this Act.]

(2) Subject to such rules as may be made in this behalf by the State Government, the chief inspectormay declare the local area or areas within which, or the plantations with respect to which, inspectors shallexercise their powers under this Act, and may himself exercise the powers of an inspector within suchlimits as may be assigned to him by the State Government.

(3) The chief inspector and all inspectors shall be deemed to be public servants within the meaning ofthe Indian Penal Code (45 of 1860).

1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982).

Subject to any rules made by the State Government in thisbehalf, an inspector may within the local limits for which he is appointed--

(a) make such examination and inquiry as he thinks fit in order to ascertain whether theprovisions of this Act and of the rules made thereunder are being observed in the case of anyplantation;

(b) with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or partthereof at any reasonable time for the purpose of carrying out the objects of this Act;

(c) examine the crops grown in any plantation or any worker employed therein or require theproduction of any register or other document maintained in pursuance of this Act, and take on thespot or otherwise statements of any person which he may consider necessary for carrying out thepurposes of this Act;

(d) exercise such other powers as may be prescribed:

Provided that no person shall be compelled under this section to answer any question or make anystatement tending to incriminate himself.

Every employer shall afford the inspector all reasonablefacilities for making any entry, inspection, examination or inquiry under this Act.

(1) The State Government may appoint qualified medical practitioners tobe certifying surgeons for the purposes of this Act within such local limits or for such plantation or classof plantations as it may assign to them respectively.

(2) The certifying surgeon shall carry out such duties as may be prescribed in connection with--(a) the examination and certification of workers;

(b) the exercise of such medical supervision as may be prescribed where adolescents 1[are],employed in any work in any plantation which is likely to cause injury to their health.

1. Subs. by Act 17 of 2010, s. 3, for "and children are, or are to be" (w.e.f. 7-6-2010).

In every plantation effective arrangements shall be made by the employer toprovide and maintain at convenient places in the plantation a sufficient supply of wholesome drinkingwater for all workers.

(1) There shall be provided separately for males and females in every plantation asufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessibleto workers employed therein.

(2) All latrines and urinals provided under sub-section (1) shall be maintained in a clean and sanitarycondition.

(1) In every plantation there shall be provided and maintained so as to bereadily available such medical facilities for the workers 1[and their families] as may be prescribed by theState Government.

(2) If in any plantation medical facilities are not provided and maintained as required by sub-section(1) the 2[State Government upon a request by the chief inspector] may cause to be provided andmaintained therein such medical facilities, and recover the cost thereof from the defaulting employer.

(3) For the purposes of such recovery the chief inspector may certify the costs to be recovered to thecollector, who may recover the amount as an arrear of land-revenue.

STATE AMENDMENT

Kerala

Amendment of section 10.--In section 10 of the Plantations Labour Act, 1951 (Central Act 69 of 1951), after sub-section (1), the following Explanation shall be inserted, namely:--

u201cExplanation.--For the purpose of this section, u201cfamilyu201d, when used in relation to a worker, means--

(i) his or her spouse;

(ii) mentally retarded children, minor legitimate or adopted son, unmarried legitimate or adopted daughter of the worker dependent upon him or her, and includes the parents of the worker dependent upon him or her.u201d.

[Vide Kerala Act 1 of 1999, s. 2.]

1. Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960).

2. Subs. by Act 17 of 2010, s. 4, for "chief inspector" (w.e.f. 7-6-2010).

(1) The State Government may make rules requiring that in every plantation whereinone hundred and fifty workers are ordinarily employed, one or more canteens shall be provided andmaintained by the employer for the use of the workers.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for--

(a) the date by which the canteen shall be provided;

(b) the number of canteens that shall be provided and the standards in respect of construction,accommodation, furniture and other equipment of the canteens;

(c) the foodstuffs which may be served therein and the charges which may be made therefor;

(d) the constitution of a managing committee for the canteen and the representation of theworkers in the management of the canteen;

(e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of thepower to make rules under clause (c).

1[(1) In every plantation wherein fifty or more women workers (including womenworkers employed by any contractor) are employed or were employed on any day of the preceding twelvemonths, or where the number of children of women workers (including women workers employed by anycontractor) is twenty or more, there shall be provided and maintained by the employer suitable rooms forthe use of children of such women workers.

Explanation.--For the purposes of this sub-section and sub-section (1A), "children" means personswho are below the age of six years.]

2[(1A) Notwithstanding anything contained in sub-section (1), if, in respect of any plantation whereinless than fifty women workers (including women workers employed by any contractor) are employed orwere employed on any day of the preceding twelve months, or where the number of children of suchwomen workers is less than twenty, the State Government, having regard to the number of children ofsuch women workers deems it necessary that suitable rooms for the use of such children should beprovided and maintained by the employer, it may, by order, direct the employer to provide and maintainsuch rooms and thereupon the employer shall be bound to comply with such direction.]

(2) 3[The rooms referred to in sub-section (1) or sub-section (1A)] shall--

(a) provide adequate accommodation;

(b) be adequately lighted and ventilated;

(c) be maintained in a clean and sanitary condition; and

(d) be under the charge of a woman trained in the care of children and infants.

(3) The State Government may make rules prescribing the location and the standards of 3[the roomsreferred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation andthe equipment and amenities to be provided therein.

1. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982).

2. Ins. by s. 6, ibid. (w.e.f. 26-1-1982).

3. Subs. by Act 58 of 1981, s. 6, for "such rooms" (w.e.f. 26-1-1982).

The State Government may make rules requiring every employer tomake provision in his plantation for such recreational facilities for the workers and children employedtherein as may be prescribed.

Where the children between the ages of six and twelve of workersemployed in any plantation exceed twenty-five in number, the State Government may make rulesrequiring every employer to provide educational facilities for the children in such manner and of suchstandard as may be prescribed.

STATE AMENDMENT

Assam

Amendment of section 14.--In the principal Act, for existing section 14, the following shall be substituted, namely: --

u201c14.-- Educational Faculties.--Where the children between the ages of six and fourteen of workers employed in any plantation exceed twenty five in number, the State Government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed.u201d

[Vide Assam Act 1 of 2018, s. 2.]

1[15. Housing facilities.--It shall be the duty of every employer to provide and maintain necessaryhousing accommodation--

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

(b) for every worker (including his family) residing outside the plantation, who has put in sixmonths of continuous service in such plantation and who has expressed a desire in writing to reside inthe plantation:

Provided that the requirement of continuous service of six months under this clause shall not apply toa worker who is a member of the family of a deceased worker who, immediately before his death, wasresiding in the plantation.]

1. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982).

The State Government may make rules for thepurpose of giving effect to the provisions of section 15 and, in particular providing for--

(a) the standard and specification of the accommodation to be provided;

(b) the selection and preparation of sites for the construction of houses and the size of such plot;

(c) the constitution of advisory boards consisting of representatives of the State Government, theemployer and the workers for consultation in regard to matters connected with housing and theexercise by them of such powers, functions and duties in relation thereto as may be specified;

(d) the fixing of rent, if any, for the housing accommodation provided for workers;

(e) the allotment to workers and their families of housing accommodation and of suitable strips ofvacant land adjoining such accommodation for the purpose of maintaining kitchen gardens, 1 andfor the eviction of workers and their families from such accommodation;

(f) access to the public to those parts of the plantation wherein the workers are housed.

1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960).

1[16A. Liability of employer in respect of accidents resulting from collapse of houses providedby him.--(1) If death or injury is caused to any worker or a member of his family as a result of thecollapse of a house provided under section 15, and the collapse is not solely and directly attributable to afault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to paycompensation.

(2) The provisions of section 4 of, and Schedule IV to, the Workmen's CompensationAct, 1923 (8 of 1923), as in force for the time being, regarding the amount of compensation payable to aworkman under that Act shall, so far as may be, apply for the determination of the amount ofcompensation payable under sub-section (1).]

1. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

1[16B. Appointment of Commissioners.--The State Government may, by notification in the OfficialGazette, appoint as many persons, possessing the prescribed qualifications as it thinks fit, to beCommissioners to determine the amount of compensation payable under section 16A and may define thelimits within which each such Commissioner shall exercise the powers and discharge the functionsconferred or imposed on him by or under this Act.]

1. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

1[16C. Application for compensation.--(1) An application for payment of compensation undersection 16A may be made to the Commissioner--

(a) by the person who has sustained the injury; or

(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

(d) where death has resulted out of the collapse of the house, by any dependant of the deceased orby any agent duly authorised by such dependant or, if such dependant is a minor, by his guardian.

(2) Every application under sub-section (1) shall be in such form and shall contain such particulars asmay be prescribed.

(3) No application for compensation under this section shall be entertained unless it is made withinsix months of the collapse of the house:

Provided that the Commissioner may, if he is satisfied that the applicant was prevented by sufficientcause from making the application within the aforesaid period of six months, entertain such applicationwithin a further period of six months.

Explanation.--In this section, the expression "dependant" has the meaning assigned to it in clause (d)of section 2 of the Workmen's Compensation Act, 1923 (8 of 1923).]

1. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

1[16D. Procedure and powers of Commissioner.--(1) On receipt of an application under section16C, the Commissioner may make an inquiry into the matter covered by the application.

(2) In determining the amount of compensation payable under section 16A, the Commissioner may,subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit.

(3) The Commissioner shall have all the powers of a civil court while trying a suit under the Code ofCivil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:--

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be prescribed.

(4) Subject to any rules that may be made in this behalf, the commissioner may, for the purpose ofdetermining any claim or compensation, choose one or more persons possessing special knowledge of anymatter relevant to the inquiry to assist him in holding the inquiry.]

1. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

1[16E. Liability to pay compensation, etc., to be decided by Commissioner.--(1) Any question as tothe liability of an employer to pay compensation under section 16A, or as to the amount thereof, or as tothe person to whom such compensation is payable, shall be decided by the Commissioner.

(2) Any person aggrieved by a decision of the Commissioner refusing to grant compensation, or as tothe amount of compensation granted to him, or to the apportionment thereof, may prefer an appeal to theHigh Court having jurisdiction over the place where the collapse of the house has occurred, within ninetydays of the communication of the order of the Commissioner to such person:

Provided that the High Court may entertain any such appeal after the expiry of the period aforesaid ifit is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within suchperiod:

Provided further that nothing in this sub-section shall be deemed to authorise the High Court to grantcompensation in excess of the amount of compensation payable under section 16A.

(3) Subject to the decision of the High Court in cases in which an appeal is preferred undersub-section (2), the decision of the Commissioner under sub-section (1) shall be final and shall not becalled in question in any court.]

1. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

116F. Saving as to certain rights.--The right of any person to claim compensation under section 16Ashall be without prejudice to the right of such person to recover compensation payable under any otherlaw for the time being in force; but no person shall be entitled to claim compensation more than once inrespect of the same collapse of the house.]

1. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

1[16G. Power to make rules.--(1) The State Government may, by notification in the Official Gazette,make rules for giving effect to the provisions of sections 16A to 16F (both inclusive).

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for--

(i) the qualifications and conditions of service of Commissioners;

(ii) the manner in which claims for compensation may be inquired into and determined by theCommissioner;

(iii) the matters in respect of which any person may be chosen to assist the Commissioner undersection 16D and the functions that may be performed by such person;

(iv) generally for the effective exercise of any powers conferred on the Commissioner.]

1. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

The State Government may make rules requiring that in every plantation theemployer shall provide the workers with such number and type of umbrellas, blankets, rain coats or otherlike amenities for the protection of workers from rain or cold as may be prescribed.

(1) In every plantation wherein three hundred or more workers are ordinarilyemployed the employer shall employ such number of welfare officers as may be prescribed.

(2) The State Government may prescribe the duties, qualifications and conditions of service ofofficers employed under sub-section (1).

STATE AMENDMENT

Kerala

Amendment of Section 18.--In Section 18 of the Plantation Labour Act, 1951 (Central Act 69 of 1951) (hereinafter referred to as the principal Act), after sub-section (1), the following sub-section shall be inserted, namely:--

u201c(1A) If in any plantation, welfare officers are not employed as required by the rules made under sub-section (1), the chief inspector may appoint the required number of welfare officers and thereupon such officers shall be deemed to have been employed by the employee under sub-section (1):

Provided that before appointing welfare officers under this sub-section the employer shall be given an opportunity of being heard.u201d

[Vide Kerala Act 25 of 1969, s. 2.]

1[18A. Safety.--(1) In every plantation, effective arrangements shall be made by the employer toprovide for the safety of workers in connection with the use, handling, storage and transport ofinsecticides, chemicals and toxic substances.

(2) The State Government may make rules for prohibiting or, restricting employment of women oradolescents in using or handling hazardous chemicals.

(3) The employer shall appoint persons possessing the prescribed qualifications to supervise the use,handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation.

(4) Every employer shall ensure that every worker in plantation employed for handling, mixing,blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involvedin different operations in which he is engaged, the various safety measures and safe work practices to beadopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and suchother matters as may be prescribed by the State Government.

(5) Every worker who is exposed to insecticides, chemicals and toxic substances shall be medicallyexamined periodically, in such manner as may be prescribed, by the State Government.

(6) Every employer shall maintain health record of every worker who is exposed to insecticides,chemicals and toxic substances which are used, handled, stored or transported in a plantation, and everysuch worker shall have access to such record.

(7) Every employer shall provide--

(a) washing, bathing and clock room facilities; and

(b) protective clothing and equipment,

to every worker engaged in handling insecticides, chemicals or toxic substances in such manner as maybe prescribed by the State Government.

(8) Every employer shall display in the plantation a list of permissible concentrations of insecticides,chemicals and toxic substances in the breathing zone of the workers engaged in the handling andapplication of such insecticides, chemicals and toxic substances.

(9) Every employer shall exhibit such precautionary notices as may be prescribed by the StateGovernment indicating the hazards of insecticides, chemicals and toxic substances.]

STATE AMENDMENT

Kerala

Insertion of new section 18A--After section 18 of the principal Act, the following section shall be inserted, namely:--

u201c18A. Chief Inspector to provide facilities on default by employer.--

(1) If in any plantation, facilities are not provided or maintained by the employer as required by section 8 or section 9 or section 12 or section 15 or the rules made under section 11 or section 14 or section 17, the chief inspector may cause to be provided or maintained therein such facilities and recover the cost thereof from the defaulting employer:

Provided that before providing or maintaining such facilities the employer shall be given an opportunity of being heard.

(2) For the purpose of the recovery of the cost under sub-section (1) the chief inspector may certify the amount to be recovered to the Collector, who may thereupon recover such amount as an arrear of land revenue.u201d.

[Vide Kerala Act 25 of 1969, s. 3].

1. Ins. by Act 17 of 2010, s. 5 (w.e.f. 7-6-2010).

1[18B. Power of State Government to make rules.--(1) The State Government may, by notificationin the Official Gazette, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the restriction on employment of women and adolescents for handling hazardous chemicalsunder sub-section (2) of section 18A;

(b) the qualifications of supervisor appointed under sub-section (3) of section 18A;

(c) the matters for training of workers under sub-section (4) of section 18A;

(d) the medical examination of workers under sub-section (5) of section 18A;

(e) the facilities and equipment to be provided to the workers engaged in handling insecticides,chemicals and toxic substances under sub-section (7) of section 18A;

(f) the precautionary notices to be exhibited under sub-section (9) of section18A.]

1. Ins. by Act 17 of 2010, s. 5 (w.e.f. 7-6-2010).

1[(1)] Save as otherwise expressly provided in this Act, no adult worker shall berequired or allowed to work on any plantation in excess of 2[forty-eight hours] a week and no adolescent3 for more than 4[twenty-seven hours] a week.

5[(2) Where an adult worker works in any plantation on any day in excess of the number of hoursconstituting a normal working day or for more than forty-eight hours in any week, he shall, in respect ofsuch overtime work, be entitled to twice the rates of ordinary wages:

Provided that no such worker shall be allowed to work for more than nine hours on any day and morethan fifty-four hours in any week.

(3) For any work done on any closed holiday in the plantation or on any day of rest, a worker shall beentitled to twice the rates of ordinary wages as in the case of overtime work.]

1. Section 19 renumbered as sub-section (1) thereof by Act 58 of 1981, s. 9 (w.e.f. 26-1-1982).

2. Subs. by s. 9, ibid, for "fifty-four hours" (w.e.f. 26-1-1982).

3. The words "or child" omitted by Act 17 of 2010, s. 6 (w.e.f. 7-6-2010).

4. Subs. by Act 58 of 1981, s. 9, for "forty hours" (w.e.f. 26-1-1982).

5. Ins. by s. 9, ibid. (w.e.f. 6-1-1982)

(1) The State Government may by rules made in this behalf--

(a) provide for a day of rest in every period of seven days which shall be allowed to all workers;

1[(b) provide for the conditions subject to which, and the circumstances in which, an adult workermay be required or allowed to work overtime.]

(2) Notwithstanding anything contained in clause (a) of sub- section (1) where a worker is willingto work on any day of rest which is not a closed holiday in the plantation, nothing contained in thissection shall prevent him from doing so:

Provided that in so doing a worker does not work for more than ten days consecutively without aholiday for a whole day intervening.

Explanation 1.--Where on any day a worker has been prevented from working in any plantationby reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as hisday of rest for the relevant period of seven days within the meaning of sub-section (1).

Explanation 2.--Nothing contained in this section shall apply to any worker whose total period ofemployment including any day spent on leave is less than six days.

1. Subs. by Act 58 of 1981, s. 10, for clause (b) (w.e.f. 26-1-1982).

The period of work on each day shall be so fixed that no period shallexceed five hours and that no worker shall work for more than five hours before he has had an interval forrest for at least half an hour.

The period of work of an adult worker in a plantation shall be so arranged thatinclusive of his interval for rest under section 1[21] it shall not spreadover more than twelve hoursincluding the time spent in waiting for work on any day

1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "19".

(1) There shall be displayed and correctly maintained in everyplantation a notice of periods of work in such form and manner as may be prescribed showing clearly forevery day the periods during which the workers may be required to work.

(2) Subject to the other provisions contained in this Act, no worker shall be required or allowed towork in any plantation otherwise than in accordance with the notice of periods of work displayed in theplantation.

(3) An employer may refuse to employ a worker for any day if on that day he turns up for work morethan half an hour after the time fixed for the commencement of the day's work.

1[24. Prohibition of employment of children.--No child shall be employed to work in anyplantation.]

1. Ins. by Act 17 of 2010, s. 7 (we.f. 7-6-2010).

25. Night work for women 1.--Except with the permission of the State Government, no woman2 worker shall be employed in any plantation otherwise than between the hours of 6 A.M. and 7 P.M.:

Provided that nothing in this section shall be deemed to apply to midwives and nurses employed assuch in any plantation.

1. The words "and children" omitted by s. 8, ibid. (we.f. 7-6-2010).

2. The words "or child" omitted by s. 8, ibid. (we.f. 7-6-2010).

No 1 adolescent shall be required or allowed to workin any plantation unless--

(a) a certificate of fitness granted with reference to him under section 27 is in the custody of theemployer; and

(b) such 2 adolescent carries with him while he is at work a token giving a references to suchcertificate.

1. The words "child and no" omitted by Act 17 of 2010, s. 9 (w.e.f. 7-6-2010).

2. The words "child or" omitted by s. 9, ibid. (w.e.f. 7-6-2010).

(1) A certifying surgeon shall, on the application of any young person orhis parent or guardian accompanied by a document signed by the employer or any other person on hisbehalf that such person will be employed in the plantation if certified to be fit for work, or on theapplication of the employer or any other person on his behalf with reference to any young personintending to work, examine such person and ascertain his fitness for work 1 as an adolescent.

(2) A certificate of fitness granted under this section shall be valid for a period of twelve months fromthe date thereof, but may be renewed.

(3) Any fee payable for a certificate under this section shall be paid by the employer and shall not berecoverable from the young person, his parents or guardian.

1. The words "either as a child or" omitted by s.10, ibid. (w.e.f. 7-6-2010).

An inspector may, if he thinks necessary so to do,cause any young person employed in a plantation to be examined by a certifying surgeon.

(1) The provisions of this Chapter shall not operate to the prejudice ofany rights to which a worker may be entitled under any other law or under the terms of any award,agreement, or contract of service:

Provided that where such award, agreement or contract of service provides for a longer leave withwages than provided in this Chapter the worker shall be entitled only to such longer leave.

Explanation.--For the purpose of this Chapter leave shall not, except as provided in section 30,include weekly holidays or holidays for festivals or other similar occasions.

(1) Every worker shall be allowed leave with wages for a number ofdays calculated at the rate of

(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

2[3[Explanation 1].--For the purposes of calculating leave under this sub-section,--

(a) any day on which no work or less than half a day's work is performed shall not be counted;and

(b) any day on which half or more than half a day's work is performed shall be counted as oneday.]

4[Explanation 2.--The leave admissible under this sub-section shall be exclusive of all holidays,whether occurring during, or at either and of the period of leave.]

(2) If a worker does not in any one period of twelve months take the whole of the leave allowed tohim under sub-section (1), any leave not taken by him shall be added to the leave to be allowed to himunder that sub-section in the succeeding period of twelve months.

(3) A worker shall cease to earn any leave under this section when the earned leave due to himamounts to thirty days.

3[(4) If the employment of a worker who is entitled to leave under this section is terminated by theemployer before he has taken the entire leave to which he is entitled, the employer shall pay him theamount payable under section 31 in respect of the leave not taken, and such payment shall be made beforethe expiry of the second working day after such termination.]

1. The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).

2. Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960).

3. The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).

4. Ins. by s. 11. ibid. (w.e.f. 26-1-1982).

1[(1) For the leave allowed to a worker under section 30, he shallbe paid,--

(a) if employed wholly on a time-rate basis, at a rate equal to the daily wage payable to himimmediately before the commencement of such leave under any law or under the terms of any award,agreement or contract of service, and

(b) in other cases, including cases where he is, during the preceding twelve calendar months, paidpartly on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wagecalculated over the preceding twelve calendar months.

Explanation.--For the purposes of clause (b) of sub-section (1), the average daily wage shall becomputed on the basis of his total full-time earnings during the preceding twelve calendar months,exclusive of any overtime earnings or bonus, if any, but inclusive of dearness allowance.

(1A) In addition to the wages for the leave period at the rates specified in sub-section (1), a workershall also be paid the cash value of food and other concessions, if any, allowed to him by the employer inaddition to his daily wages unless these concessions are continued during the leave period.]

(2) A worker who has been allowed leave for 2[any period not less] than four days in the case of anadult and five days in the case of a young person under section 30 shall, before his leave begins, be paidhis wages for the period of the leave allowed.

1. Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960).

2. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than".

(1) Subject to any rules that may be made in this behalf,every worker shall be entitled to obtain from his employer--

(a) in the case of sickness certified by a qualified medical practitioner, sickness allowance, and

(b) if a woman, in the case of confinement or expected confinement, maternity allowance, at suchrate, for such period and at such intervals as may be prescribed.

(2) The State Government may make rules regulating the payment of sickness or maternity allowanceand any such rules may specify the circumstances in which such allowance shall not be payable or shallcease to be payable, and in framing any rules under this section the State Government shall have dueregard to the medical facilities that may be provided by the employer in any plantation.

1[32A. Notice of accident.--Where in any plantation, an accident occurs which causes death or whichcauses any bodily injury to a worker by reason of which the worker injured is prevented from working fora period of forty-eight hours or more immediately following the accident, or which is of such a nature asmay be prescribed in this behalf, the employer thereof shall send notice thereof to such authorities, insuch form, and within such time, as may be prescribed.]

1. Ins. by Act 58 of 1981, s. 12 (w.e.f. 26-1-1982).

1[32B. Register of accidents.--u2014The employer shall maintain a register of all accidents which occur inthe plantation in such form and in such manner as may be prescribed.]

1. Ins. by Act 58 of 1981, s. 12 (w.e.f. 26-1-1982).

1[32C. Compensation.--The employer shall give compensation to a worker in plantation in case ofaccident and the memorandum relating to such compensation shall be got registered by the employerwith the Commissioner in accordance with the provisions of the Workmenu2019s CompensationAct, 1923 (8 of 1923).]

1. Ins. by Act 17 of 2010, s. 11 (w.e.f. 7-6-2010).

(1) Whoever obstructs an inspector in the discharge of his duties under this Act orrefuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection,examination or inquiry authorised by or under this Act in relation to any plantation, shall be punishablewith imprisonment for a term which may extend to 1[six months, or with fine which may extend to tenthousand rupees, or with both.]

(2) Whoever wilfully refuses to produce on the demand of an inspector any register or otherdocument kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he hasreason to believe is likely to prevent any person from appearing before or being examined by an inspectoracting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term whichmay extend to 2[six months, or with fine which may extend to ten thousand rupees, or with both.]

1. Subs. by s. 12, ibid., for "three months, or with fine which may extend to five hundred rupees, or with both" (w.e.f. 7-6-2010).

2. Subs. by Act 17 of 2010, s. 12, for "three months, or with fine which may extend to five hundred rupees, or with both" (w.e.f. 7-6-2010).

Whoever knowingly uses or attempts to use as a certificate offitness granted to himself under section 27 a certificate granted to another person under that section, orhaving been granted a certificate of fitness to himself, knowingly allows it to be used, or allows anattempt to use it to be made by another person, shall be punishable with imprisonment which may extendto 1[two months, or with fine which may extend to one thousand rupees, or with both].

1. Subs. by s. 13, ibid., for "one month, or with fine which may extend to fifty rupees, or with both" (w.e.f. 7-6-2010).

Whoever, except as otherwisepermitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder,prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable withimprisonment for a term which may extend to 1[six months, or with fine which may extend to tenthousand rupees, or with both].

1. Subs. by Act 17 of 2010, s. 12, for "three months, or with fine which may extend to five hundred rupees, or with both" (w.e.f. 7-6-2010).t

Whoever contravenes any of the provisions of this Act or of any rules madethereunder for which no other penalty is elsewhere provided by or under this Act shall be punishable withimprisonment for a term which may extend to 1[six months, or with fine which may extend to tenthousand rupees, or with both].

1. Subs. by Act 17 of 2010, s. 12, for "three months, or with fine which may extend to five hundred rupees, or with both" (w.e.f. 7-6-2010).

If any person who has been convicted of anyoffence punishable under this Act is again guilty of an offence involving a contravention of the sameprovision, he shall be punishable on a subsequent conviction with imprisonment which may extend to1[one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakhrupees, or with both]:

Provided that for the purposes of this section no cognizance shall be taken of any conviction mademore than two years before the commission of the offence which is being punished.

1. Subs. by s. 14, ibid., for "six months, or with fine which may extend to one thousand rupees, or with both" (w.e.f. 7-6-2010).

1[37A. Power of court to make orders.--(1) Where an employer is convicted of an offencepunishable under section 36, the court may, in addition to awarding any punishment, by order in writing,require him within such period as may be specified in the order (which the court may, if it thinks fit andon an application made in this behalf by the employer, from time to time, extend) to take such measuresas may be so specified for remedying the matters in respect of which the offence was committed.

(2) Where an order is made under sub-section (1), the employer shall not be liable under this Act inrespect of the continuation of the offence during the period or extended period, as the case may be,specified by the court, but if, on the expiry of such period or extended period, the order of the court hasnot been fully complied with, the employer shall be deemed to have committed a further offence and heshall, on conviction, be punishable with imprisonment for a term which may extend to six months andwith fine which may extend to three hundred rupees for every day after such expiry.]

1. Ins. by Act 58 of 1981, s. 13 (w.e.f. 26-1-1982).

Where an employer charged with anoffence under this Act alleges that another person is the actual offender, he shall be entitled uponcomplaint made by him in this behalf to have, on giving to the prosecutor in this behalf three clear days,notice in writing of his intention so to do, that other person brought before the Court on the day appointedfor the hearing of the case and if, after the commission of the offence has been proved, the employerproves to the satisfaction of the Court that--

(a) he has used due diligence to enforce the execution of the relevant provisions of this Act; and

(b) that the other person committed the offence in question without his knowledge, consent orconnivance;

the said other person shall be convicted of the offence and shall be liable to the like punishment as if hewere the employer and the employer shall be acquitted:

Provided that--

(a) the employer may be examined on oath and his evidence and that of any witness whom hecalls in his support shall be subject to cross-examination on behalf of the person he charges to be theactual offender and by the prosecutor, and

(b) if, in spite of due diligence, the person alleged as the actual offender cannot be brought beforethe Court on the day appointed for the hearing of the case, the Court shall adjourn the hearing thereoffrom time to time so, however, that the total period of such adjournment does not exceed threemonths, and if, by the end of the said period, the person alleged as the actual offender cannot still bebrought before the Court, the Court shall proceed to hear the case against the employer.

1[39. Cognizance of offences.-- No Court shall take cognizance of any offence under this Act excepton a complaint made by any worker or an office bearer of a trade union of which such worker is amember or an inspector and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrateof the first class shall try any offence punishable under this Act.]

1. Subs. by Act 17 of 2010, s. 12, for section 39 (w.e.f. 7-6-2010).

1[39A. Protection of action taken in good faith.--No suit, prosecution or other legal proceeding shalllie against any person for anything which is in good faith done or intended to be done under this Act.]

1. Subs. by Act 17 of 2010, s. 12, for section 39 (w.e.f. 7-6-2010).

No Court shall take cognizance of an offence punishable underthis Act unless the complaint thereof has been made or is made within three months from the date onwhich the alleged commission of the offence came to the knowledge of an inspector:

Provided that where the offence consists of disobeying a written order made by an inspector,complaint thereof may be made within six months of the date on which the offence is alleged to havebeen committed.

The Central Government may give directions to the Government ofany State as to the carrying into execution in the State of the provisions contained in this Act.

The State Government may, by order in writing, exempt, subject to suchconditions and restrictions as it may think fit to impose, any employer or class of employers from all orany of the provisions of this Act:

Provided that no such exemption 1[other than an exemption from section 19] shall be granted exceptwith the previous approval of the Central Government.

1. Ins. by Act 34 of 1960, s. 8 (w.e.f. 21-11-1960).

(1) The State Government may, subject to the condition ofprevious publication, make rules to carry out the purposes of this Act:

Provided that the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897(10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed rules waspublished.

(2) In particular, and without prejudice to the generality of the foregoing power, any such rules mayprovide for--

(a) the qualifications required in respect of the chief inspector and inspector;

(b) the powers which may be exercised by inspectors and the areas in which and the manner inwhich such powers may be exercised;

(c) the medical supervision which may be exercised by certifying surgeons;

(d) the examination by inspectors or other persons of the supply and distribution of drinkingwater in plantations;

(e) appeals from any order of the chief inspector or inspector and the form in which, the timewithin which and the authorities to which, such appeals may be preferred;

(f) the time within which housing, recreational, educational or other facilities required by this Actto be provided and maintained may be so provided;

(g) the types of latrines and urinals that should be maintained in plantations;

(h) the medical, recreational and educational facilities that should be provided in plantations;

(i) the form and manner in which notices of periods of work shall be displayed and maintained;

(j) the registers which should be maintained by employers and the returns, whether occasional orperiodical, as in the opinion of the State Government may be required for the purposes of this Act;1

(k) the hours of work for a normal working day for the purpose of wages and overtime;

2[(l) any other matter which is required to be, or may be, prescribed.]

3[(3) Every rule made by the State Government under this Act shall, as soon as may be after it ismade, be laid before the State Legislature.]

4[(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after itis made, before the State Legislature.]

1. The word "and" omitted by Act 58 of 1981, s. 14 (w.e.f. 26-1- 1982).

2. Added by Act 58 of 1981, s. 14 (w.e.f. 26-1-1982).

3. Subs. by Act 17 of 2010, s. 16, for sub-section (3) (w.e.f. 7-6-2010).

4. Added by Act 4 of 2005, s. 2 and the Schedule (w.e.f.11-1-2005).