LexThe Plantations Labour Act 1951(CENTRAL ACT)
Tamil Nadu · state statute
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THE PLANTATIONS LABOUR ACT, 1951
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
3. Reference to time of day.
CHAPTER IA
REGISTRATION OF PLANTATIONS
3A. Appointment of registering officers.
3B. Registration of plantations.
3C. Appeals against orders of registering officer.
3D. Power to make rules.
CHAPTER II
INSPECTING STAFF
4. Chief inspector and inspectors.
5. Powers and functions of inspectors.
6. Facilities to be afforded to inspectors.
7. Certifying surgeons.
CHAPTER III
PROVISIONS AS TO HEALTH
8. Drinking water.
9. Conservancy.
10. Medical facilities.
CHAPTER IV
WELFARE
11. Canteens.
12. Creches.
13. Recreational facilities.
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SECTIONS
14. Educational facilities.
15. Housing facilities.
16. Power to make rules relating to housing.
16A. Liability of employer in respect of accidents resulting from collapse of houses provided by him.
16B. Appointment of Commissioners.
16C. Application for compensation.
16D. Procedure and powers of Commissioner.
16E. Liability to pay compensation, etc., to be decided by Commissioner.
16F. Saving as to certain rights.
16G. Power to make rules.
17. Other facilities.
18. Welfare officers.
CHAPTER IVA
PROVISIONS AS TO SAFETY
18A. Safety.
18B. Power of State Government to make rules.
CHAPTER V
HOURS AND LIMITATION OF EMPLOYMENT
19. Weekly hours.
20. Weekly holidays.
21. Daily intervals for rest.
22. Spreadover.
23. Notice of period of work.
24. Prohibition of employment of children.
25. Night work for women and children.
26. Non-adult workers to carry tokens.
27. Certificate of fitness.
28. Power to require medical examination.
CHAPTER VI
LEAVE WITH WAGES
29. Application of Chapter.
30. Annual leave with wages.
31. Wages during leave period.
3
SECTIONS
32. Sickness and maternity benefits.
CHAPTER VIA
ACCIDENTS
32A. Notice of accident.
32B. Register of accidents.
32C. Compensation.
CHAPTER VII
PENALTIES AND PROCEDURE
33. Obstruction.
34. Use of false certificate of fitness.
35. Contravention of provisions regarding employment of labour.
36. Other offences.
37. Enhanced penalty after previous conviction.
37A. Power of court to make orders.
38. Exemption of employer from liability in certain cases.
39. Cognizance of offences.
39A. Protection of action taken in good faith.
40. Limitation of prosecutions.
CHAPTER VIII
MISCELLANEOUS
41. Power to give directions.
42. Power to exempt.
43. General power to make rules.
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THE PLANTATIONS LABOUR ACT, 1951
ACT NO. 69 OF 19511
[2nd November, 1951.]
An Act to provi de for the welfare of labour, and to regulate the conditions of work, in
plantations.
BE it enacted by Parliament as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application.—(1) This Act may be called the Plantations
Labour Act, 1951.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shal l come into force on such date 2 as the Central Government may, by notification i n the
Official Gazette, appoint
3[(4) It applies to the following plantations, that is to say,—
(a) to any land used or intended to be used fo r growing tea, coffee, rubber 4[, cinchona or
cardamom] which admeasures 5[5 hectares] or more and in which 6[fifteen] 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, which admeasures 5[5
hectares] or more and in which 6[fifteen] or more persons are employed or were employed on any day
of the preceding twelve months, if, after obtaini ng the approval of the Central Government, the State
Government, by notification in the Official Gazette, so directs.
7[Explanation.—Where any piece of land used for growing any plant referred to in clause ( a) or
clause (b) of this sub-section admeasures less than 5 hectares and is contiguous to any other piece of land
not being so used, but capable of being so used, and both such pieces of land are under the management
of the same employer, then, for the purposes of this sub -section, the piece of land first mentioned shall be
deemed to be a plantation, if the total area of both such pieces of land admeasures 5 hectares or more.]
(5) The State Government may, by notification in the Official Gazette, declare that all or any of the
provisions of this Act shall apply also to any land used or intended to be used for growing any plant
referred to in clause (a) or clause (b) of sub-section (4), notwithstanding that—
1. The Act comes into force in Pondicherry on 1-10-1963 by Reg. 7 of 1963, s. 3 and Sch. I. The Act has been amended in Kerala
by Kerala Act 25 of 1969.
2. 1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530
3. Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960).
4. Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982).
5. Subs. by s. 2, ibid., for "10.117 hectares" (w.e.f. 26-1-1982).
6. Subs. by s. 2, ibid., for "thirty" (w.e.f. 26-1-1982).
7. Ins. by s. 2, ibid. (w.e.f. 26-1-1982).
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(a) it admeasures less than 1[5 hectares], or
(b) the number of persons employed therein is less than 2[fifteen]:
Provided that no such declaration shall be made in respect of such la nd which admeasured less than
1[5 he ctares] or in which less than 2[fifteen] persons were employed, immediately before the
commencement of this Act.]
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “adolescent” means a person who has completed his 3[fourteenth] year but has not completed
his eighteenth year;
(b) “adult” means a person who has completed his eighteenth year;
(c) “child” means a person who has not completed his 3[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 ultimate
control over the affairs of the plantation, and w here the affairs of any plantation are entrusted to any
other person (whether called a managing agent, manager, superintendent or by any other name) such
other person shall be deemed to be the employer in relation to that plantation;
4[Explanation.—For the purposes of this clause, "the person who has the ultimate control over the
the 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, every
director, partner or individual;
(ii) the Central Government or State Government or any local authority, the person or persons
appointed to manage the affairs of the plantation; and
(iii) a lessee, the lessee;]
5[(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 have
not completed their eighteenth year,
6[and includes parents and widow sister, dependent upon him or her;]
7[(eee) “inspector” means an inspector of plantations appointed under sub-section (1) of section 4
and includes an additional inspector of plantations appointed under sub-section (1A) of that section;]
1. Subs. by Act 58 of 1981, s. 2, for "10.117 hectares" (w.e.f. 26-1-1982).
2. Subs. by s. 2, ibid., for "thirty" (w.e.f. 26-1-1982).
3. Subs. by Act 61 of 1986, s. 24, for “fifteenth” (w.e.f. 23-12-1986).
4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010).
5. Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960).
6. Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010).
7. Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982).
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1[(f) “plantation” means any plantation to which this Act, whether wholl y or in part, applies and
includes offices, hospitals, dispensaries, schools, and any other premises used for any purpose
connected with such plantation, but does not include any factory on the premises to which the
provisions of the Factories Act, 1948 (63 of 1948) apply;]
(g) “prescribed” means prescribed by rules made under this Act;
2[(h) “qualified medical practitioner ” means a person holding a qualification granted by an
authority 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 any
person 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 other
night as may be fixed by the State Government in relation to plantations in any area after s uch
consultation as may be prescribed with reference to the plantations concerned in that area;
3[(k) “worker” means a person employed in a plantation for hire or reward, whether directly or
through any agency, to do any work, skilled, unskilled, manual or clerical 4[and includes a person
employed 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) whose
monthly wages exceed 5[rupees ten thousand];
(iii) any person employed in the plantation primarily in a 6[managerial or administrative
capacity, notwithstanding that his monthly wages do not exceed ten thousand]; or
(iv) any person temporarily employed in the plantation in any work relating to the
construction, development or maintenance of buildings, roads, bridges, drains or canals;]
(l) “young person” means a person who is either a child or an adolescent.
3. Reference to time of day.—In this Act, references to time of day are references to Indian Standard
Time 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 State
Government may make rules—
(a) specifying the area;
1. Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960).
2. Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960).
3. Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960).
4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010).
5. Subs. by Act 17 of 2010, s. 2, for “rupees seven hundred and fifty” (w.e.f. 7-6-2010).
6. Subs. by Act 17 of 2010, s. 2, for “managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven
hundred and fifty” (w.e.f. 7-6-2010).
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(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[CHAPTER IA
REGISTRATION OF PLANTATIONS
3A. Appointment of registering officers .—The State Government may, by notification in the
Official Gazette,—
(a) appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be registering
officers for the purposes of this Chapter, and
(b) define the limits within which a registering officer shall exercise the powers and discharge the
functions conferred or imposed on him by or under this Chapter.
3B. Registration of plantations.—(1) Every employer of a plantation, existing at the commencement
of the Plantation Labour (Amendment) Act, 1981 (58 of 1981) shall, within a period of sixty days of such
commencement, and every employer of any other plantation coming into existence after such
commencement shall, within a period of sixty days of the coming into existence of such plant ation, make
an 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 period
aforesaid if he is satisfied that the applicant was preve nted by sufficient cause from making the
application within such period.
(2) Every application made under sub -section ( 1) shall be in such form and shall contain such
particulars and shall be accompanied by such fees as may be prescribed.
(3) After the rec eipt of an application under sub -section (1), the registering officer shall register the
plantation.
(4) Where a plantation is registered under this section, the registering officer shall issue a certificate
of 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 ownership
or management or in the extent of the area or other prescribed particulars in respect of such plantation, the
particulars re garding such change shall be intimated by the employer to the registering officer within
thirty 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 is
satisfied that the plantation is no longer required to be registered under this section, he shall, by order in
writing, cancel the registration thereof and shall, as soon as practicable, cause such order to be published
in any one newspaper in the language of, a nd having circulation in, the area where the plantation is
situated.
3C. Appeals against orders of registering officer .—(1) Any person aggrieved by the order of a
registering officer under sub -section (6) of section 3B may, within thirty days of the public ation of such
order in the newspaper under that sub-section, prefer an appeal to such authority as may be prescribed:
1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982).
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Provided that the appellate authority may entertain an appeal under this sub-section after the expiry of
the aforesaid period if it is sat isfied that the appellant was prevented by sufficient cause from preferring
the appeal within such period.
(2) After the receipt of an appeal under sub -section (1), the appellate authority may, after giving the
appellant, the employer referred to in sub-section ( 5) of section 3B and the registering officer an
opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible.
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 may
provide for all or any of the following matters, namely:—
(a) the form of application for the registration of a pla ntation, the particulars to be contained in
such 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 the
employer to the registering officer under sub -section (5) of section 3B and the form in which such
change shall be intimated;
(d) the authority to which an appeal may be preferred under section 3C and the fees payable in
respect of such appeal;
(e) the registers to be kept and maintained by a registering officer.]
CHAPTER II
INSPECTING STAFF
4. Chief inspector and inspectors .—(1) The State Government may, by notification in the Official
Gazette, appoint for the State a duly qualified person to be th e chief inspector of plantations and so many
duly 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 officers
of the State Government or of any local authority under its control, as it thinks fit, to be additional
inspectors 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, t he chief inspector
may declare the local area or areas within which, or the plantations with respect to which, inspectors shall
exercise their powers under this Act, and may himself exercise the powers of an inspector within such
limits 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 of
the Indian Penal Code (45 of 1860).
1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982).
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5. Powers and functions of inspectors.—Subject to any rules made by the State Govern ment in this
behalf, 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 the
provisions of this Act and of the rules made thereunder are being observed in the case of any
plantation;
(b) with such 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 objects of this Act;
(c) examine the crops grown in any pla ntation or any worker employed therein or require the
production of any register or other document maintained in pursuance of this Act, and take on the
spot or otherwise statements of any person which he may consider necessary for carrying out the
purposes 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 any
statement tending to incriminate himself.
6. Facilities to be afforded to inspectors.— Every employer shall afford the inspector all reasonable
facilities for making any entry, inspection, examination or inquiry under this Act.
7. Certifying surgeons .—(1) The State Government may appoint qualified medical practitioners to
be certifying surgeons for the purposes of this Act within such local limits or for such plantation or class
of 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 adole scents 1[are],
employed in any work in any plantation which is likely to cause injury to their health.
CHAPTER III
PROVISIONS AS TO HEALTH
8. Drinking water.—In every plantation effective arrangements shall be made by the employer to
provide and maintain at convenient places in the plantation a sufficient supply of wholesome drinking
water for all workers.
9. Conservancy.—(1) There shall be provided separately for males and females in every plantation a
sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible
to workers employed therein.
(2) All latrines and urinals provided under sub -section (1) shall be maintained in a clean and sanitary
condition.
10. Medical facilities .—(1) In every plantation there shall be provided and maintained so as to be
readily available such medical facilities for the workers 2[and their families] as may be prescribed by the
State Government.
1. Subs. by Act 17 of 2010, s. 3, for “and children are, or are to be” (w.e.f. 7-6-2010).
2. Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960).
10
(2) If in any plantation medical facilities are not provided and maintained as required by sub -section
(1) the 1[State Government upon a request by the chief inspector ] may cause to be provided and
maintained 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 the
collector, who may recover the amount as an arrear of land-revenue.
CHAPTER IV
WELFARE
11. Canteens.—(1) The State Government may make rules requiring that in every plantation wherein
one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and
maintained 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 the
workers in the management of the canteen;
(e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of the
power to make rules under clause (c).
12. Creches .—2[(1) In every plantation wherein fifty or more women workers (including women
workers employed by any contractor) are employed or were employed on any day of the preceding twelve
months, or where the number of children of women workers (including women workers employed by any
contractor) is twenty or more, there shall be provided and maintained by the e mployer suitable rooms for
the use of children of such women workers.
Explanation.—For the purposes of this sub -section and sub -section (1A), “children” means persons
who are below the age of six years.]
3[(1A) Notwithstanding anything contained in sub -section (1), if, in respect of any plantation wherein
less than fifty women workers (including women workers employed by any contractor) are employed or
were employed on any day of the preceding twelve month s, or where the number of children of such
women workers is less than twenty, the State Government, having regard to the number of children of
such women workers deems it necessary that suitable rooms for the use of such children should be
provided and maintained by the employer, it may, by order, direct th e employer to provide and maintain
such rooms and thereupon the employer shall be bound to comply with such direction.]
1. Subs. by Act 17 of 2010, s. 4, for “chief inspector” (w.e.f. 7-6-2010).
2. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982).
3. Ins. by s. 6, ibid. (w.e.f. 26-1-1982).
11
(2) 1[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 1[the rooms
referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation and
the equipment and amenities to be provided therein.
13. Recreational facilities .—The State Government may make rules requiring every employer to
make provision in his plantation for such recreational facilities for the workers and children employed
therein as may be prescribed.
14. Educational facilities .—Where the children between the ages of six and twelve of workers
employed i n any plantation exceed tw enty-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.
2[15. Housing facilities .—It shall be the duty of every employer to provide and maintain necessary
housing 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 six
months of continuous service in such plantation and who has expressed a desire in writing to reside in
the plantation:
Provided that the requirement of continuous service of six months under this clause shall not apply to
a worker who is a member of the family of a deceased worker who, immediately before his death, was
residing in the plantation.]
16. Power to make rules relating to housing .—The State Government may make rules for the
purpose 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, t he
employer and the workers for consultation in regard to matters connected with housing and the
exercise 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;
1. Subs. by Act 58 of 1981, s. 6, for "such rooms" (w.e.f. 26-1-1982).
2. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982).
12
(e) the allotment to workers and their families of housing accommodation and of suitable strips of
vacant land adjoining such accommodation for the purpose of mai ntaining kitchen gardens, 1*** and
for 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.
2[16A. Liability of employer in respect of accidents resulting from collapse of houses provided
by him .—(1) If death or injury is ca used to any worker or a member of his family as a result of the
collapse of a house provided under section 15, and the collapse is not solely and directly attributable to a
fault on the part of any occupant of the house or to a natural calamity, the employ er shall be liable to pay
compensation.
(2) The provisions of section 4 of, and Schedule IV to, the Workmen's Compensation
Act, 1923 (8 of 1923), as in force for the time being, regarding the amount of compensation payable to a
workman under that Act shall, so far as may be, apply for the determination of the amount of
compensation payable under sub-section (1).
16B. Appointment of Commissioners .—The State Government may, by notification in the Official
Gazette, appoint as many persons, possessing the prescribed qualifications as it thinks fit, to be
Commissioners to determine the amount of compensation payable under section 16A and may define the
limits within which each such Commissioner shall exercise the powers and discharge the functions
conferred or imposed on him by or under this Act.
16C. Application for compensation .—(1) An application for payment of compensation under
section 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 or
by 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 as
may be prescribed.
(3) No application for compensation u nder this section shall be entertained unless it is made within
six months of the collapse of the house:
Provided that the Commissioner may, if he is satisfied that the applicant was prevented by sufficient
cause from making the application within the afor esaid period of six months, entertain such application
within 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).
16D. Procedure and powers of Commissioner .—(1) On receipt of an application under section
16C, the Commissioner may make an inquiry into the matter covered by the application.
1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960).
2. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).
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(2) In determining the amount of compensation payable under section 16A, t he 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 of
Civil 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 t he purpose of
determining any claim or compensation, choose one or more persons possessing special knowledge of any
matter relevant to the inquiry to assist him in holding the inquiry.
16E. Liability to pay compensation, etc., to be decided by Commissioner.—(1) Any question as to
the liability of an employer to pay compensation under section 16A, or as to the amount thereof, or as to
the 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 to
the amount of compensation granted to him, or to the apportionment thereof, may prefer an appeal to the
High Court having jurisdiction over the place where the collapse of the house has occurred , within ninety
days 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 if
it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such
period:
Provided further that nothing in this sub -section shall be deemed to authorise the High Court to grant
compensation 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 under
sub-section ( 2), the decision of the Commissioner under sub -section ( 1) shall be final and shall not be
called in question in any court.
16F. Saving as to certain rights.—The right of any person to claim compensation under section 16A
shall be without prejudice to the right of such person to recover compensation payable under any other
law for the time being in force; but no person shall be entitled to claim compens ation more than once in
respect of the same collapse of the house.
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 may
provide for—
(i) the qualifications and conditions of service of Commissioners;
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(ii) the manner in which claims for compensation may be inquired into and determin ed by the
Commissioner;
(iii) the matters in respect of which any person may be chosen to assist the Commissioner under
section 16D and the functions that may be performed by such person;
(iv) generally for the effective exercise of any powers conferred on the Commissioner.]
17. Other facilities .—The State Government may make rules requiring that in every plantation the
employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other
like amenities for the protection of workers from rain or cold as may be prescribed.
18. Welfare officers.—(1) In every plantation wherein three hundred or more workers are ordinarily
employed the employer shall employ such number of welfare officers as may be prescribed.
(2) The State Gov ernment may prescribe the duties, qualifications and conditions of service of
officers employed under sub-section (1).
1[CHAPTER IVA
PROVISIONS AS TO SAFETY
18A. Safety. —(1) In every plantation, effective arrangements shall be made by the employer to
provide for the safety of workers in connection with the use, handling, storage and transport of
insecticides, chemicals and toxic substances.
(2) The State Government may make rules for prohibiting or, restricting employment of women or
adolescents 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 involved
in different operations in which he is engaged, the various safety measure s and safe work practices to be
adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such
other matters as may be prescribed by the State Government.
(5) Every worker who is exposed to insecticides, chemicals and toxic substances shall be medically
examined 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 whi ch are used, handled, stored or transported in a plantation, and every
such 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 worke r engaged in handling insecticides, chemicals or toxic substances in such manner as may
be prescribed by the State Government.
1. Ins. by Act 17 of 2010, s. 5 (w.e.f. 7-6-2010).
15
(8) Every employer shall display in the plantation a list of permissible concentrations of insecticides,
chemicals and toxic subs tances in the breathing zone of the workers engaged in the handling and
application of such insecticides, chemicals and toxic substances.
(9) Every employer shall exhibit such precautionary notices as may be prescribed by the State
Government indicating the hazards of insecticides, chemicals and toxic substances.
18B. Power of State Government 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 wit hout prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
(a) the restriction on employment of women and adolescents for handling hazardous chemicals
under 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 fac ilities 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 section 18A.]
CHAPTER V
HOURS AND LIMITATION OF EMPLOYMENT
19. Weekly hours.—1[(1)] Save as otherwise expressly provided in this Act, no adult worker shall be
required or allowed to work o n any plantation in excess of 2[forty-eight hours] a week and no adol escent
3*** 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 hours
constituting a normal working day or for more than forty -eight hours in any week, he shall, in respect of
such 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 more
than 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 be
entitled to twice the rates of ordinary wages as in the case of overtime work.]
20. Weekly holidays.— (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. 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).
16
1[(b) provide for the conditions subject to which, and the circumstances in which, an adult worker
may be required or allowed to work overtime.]
(2) Notwithstanding anything contained in clause (a) of sub- section (1) where a worker is willing
to work on any day of rest which is not a closed holiday in the plantation, nothing contained in this
section shall prevent him from doing so:
Provided that in so doing a worker does not work for more than ten days consecutively without a
holiday for a whole day intervening.
Explanation 1.—Where on any day a worker has been prevented from working in any plantation
by reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his
day 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 of
employment including any day spent on leave is less than six days.
21. Daily intervals for rest.—The period of work on each day shall be so fixed that no period shall
exceed 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.
22. Spreadover.—The period of work o f an adult worker in a plantation shall be so arranged that
inclusive of his in terval for rest under section 2[21] it shall not spread over more than twelve hours
including the time spent in waiting for work on any day.
23. Notice of period of work .—(1) The re shall be displayed and correctly maintained in every
plantation a notice of periods of work in such form and manner as may be prescribed showing clearly for
every 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 to
work in any plantation otherwise than in accordance with the notice of periods of work displayed in the
plantation.
(3) An employer may refuse to employ a worker for any day if on that day he turns up for work more
than half an hour after the time fixed for the commencement of the day's work.
3[24. Prohibition of employment of children .—No child shall be employed to work in any
plantation.]
25. Night work for women 4***.—Except with the permission of the State Government, no woman
5*** 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 as
such in any plantation.
1. Subs. by Act 58 of 1981, s. 10, for clause (b) (w.e.f. 26-1-1982).
2. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “19”.
3. Ins. by Act 17 of 2010, s. 7 (we.f. 7-6-2010).
4. The words “and children” omitted by s. 8, ibid. (we.f. 7-6-2010).
5. The words “or child” omitted by s. 8, ibid. (we.f. 7-6-2010).
17
26. Non-adult workers to carry tokens.— No 1*** adolescent shall be required or allowed to work
in any plantation unless—
(a) a certificate of fitness granted with reference to him under section 27 is in the custody of the
employer; and
(b) such 2*** adolescent carries with him while he is at work a token giving a references to such
certificate.
27. Certificate of fitness.—(1) A certifying surgeon shall, on the application of any young person or
his parent or guardian accompanied by a document signed by the employer or any other person on his
behalf that such 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 reference to any young pers on
intending to work, examine such person and ascertain his fitness for work 3*** as an adolescent.
(2) A certificate of fitness granted under this section shall be valid for a period of twelve months from
the 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 be
recoverable from the young person, his parents or guardian.
28. Power to require medical examination .—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.
CHAPTER VI
LEAVE WITH WAGES
29. Application of Chapter.— (1) The provisions of this Chapter shall not operate to the prejudice of
any rights to which a worker may be entitled unde r 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 with
wages 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.
30. Annual leave with wages.—(1) Every worker shall be allowed leave with wages for a number of
days 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.
4* * * * *
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).
3. The words “either as a child or” omitted by s.10, ibid. (w.e.f. 7-6-2010).
4. The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).
18
1[2[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 performe d shall be counted as one
day.]
3[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 th e leave allowed to
him under sub -section (1), any leave not taken by him shall be added to the leave to be allowed to him
under that sub-section in the succeeding period of twelve months.
(3) A worker shall cease to earn any leave under this section when t he earned leave due to him
amounts to thirty days.
2[(4) If the employment of a worker who is entitled to leave under this section is terminated by the
employer before he has taken the entire leave to which he is entitled, the employer shall pay him the
amount payable under section 31 in respect of the leave not taken, and such payment shall be made before
the expiry of the second working day after such termination.]
31. Wages during leave period.— 4[(1) For the leave allowed to a worker under section 30, h e shall
be paid,—
(a) if employed wholly on a time -rate basis, at a rate equal to the daily wage payable to him
immediately 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, paid
partly on a time -rate basis and partly on a piece -rate basis, at the rate of the average daily wage
calculated over the preceding twelve calendar months.
Explanation.—For the purposes of clause ( b) of suExcerpt shown. Open the full act in Lexace.