The West Bengal Tea Plantation Employees' Welfare Fund Act, 2015

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Registered No. WB/SC-247 No. WB(Part-III)/2015/SAR-35

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Nolkata 6ayttt
d'1
Extraordinary
Published by Authority
SRAVANA 20]
TUESDAY, AUGUST 11. 2015 [SAKA 1937
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 1047-L.-11th August, 2015.—The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:—
West Bengal Act XXIII of 2015
THE WEST BENGAL TEA PLANTATION
EMPLOYEES' WELFARE FUND ACT, 2015.
[Passed by the West Bengal Legislature./
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 11th August, 2015.]
An Act to make provision for the constitution of a fund for promoting activities
connected with the welfare of the employees employed in tea Plantation in West Bengal
and for matters connected therewith and incidental thereto.
WHEREAS it is expedient to constitute a fund for promoting activities connected
with the welfare of the employees employed in tea Plantation in West Bengal and for
matters connected therewith and incidental thereto;
It is hereby enacted in the Sixty-sixth Year of the Republic of India, by the
Legislature of the State of West Bengal, as follows :—
Short title, extent _ 1. (1) This Act may he called the West Bengal Tea Plantation Employees' Welfare and
commencement. Fund Act, 2015.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 11, 2015 [PART III
The West Bengal Tea Plantation Employees'
Welfare Fund Act, 2015.
(Sections 2, 3.)
(2) It extends to the five districts of the State of West Bengal viz. Darjeeling,
Jalpaiguri, Alipurduar, Uttar Dinajpur and Coochbehar.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, specify.
Definitions. . -
Plantation
Welfare Fund.
2 In this Act, unless the context otherwise requires,—
(1) "Board" means the West Bengal Tea Plantation Employees Welfare Board
constituted under section 4;
(2) "employer" when used in relation to a Tea Plantation means the person
who has the ultimate-control over the affairs of the Tea plantations, and
where the affairs of any Tea 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; -
Explanation.— For the purposes of this clause, "the person who has the ultimate
control over the affairs of the Tea plantation" means in the case of a Tea plantation
owned or controlled by a company, firm or other association of individuals, whether
incorporated or not, every director, partner or individual.
(3) "employee" means any person who is employed (including apprentice)
to do any skilled or unskilled, manual or clerical work in or in connection
with a Tea plantation including its local head office, office, factory,
workshop, school or hospital and who gets his wages directly or indirectly
from the employer, but does not include a person whose total wages exceed
Rs. 10,000/-(Rupees ten thousand) per mensem inclusive of dearness
allowance and value of food concession, or a person working under a
contractor in work not directly connected with cultivation and manufacture
of tea;
(4) "Inspector" means the person appointed in this behalf by the State
Government, by order;
(5) - Plantation" means any land used or intended to be used for growing tea
which admeasures twenty-five acres or more and whereon thirty or more
persons are employed, or were employed on any day of the preceding
twelve months;
(6) "prescribed - means prescribed by rules made under this Act;
(7) "Soft loan" means loans that have lower interest rates than conventional
bank loans.
3. ( 1 ) The State Government shall constitute a fund to be called the "Tea Plantation
Employees' Welfare Fund" for the purposes of this Act.
(2) The fund shall consist of—
(a) any voluntary donation;
(h) any loan, grant-in-aid or subsidy paid by the Central or State Government
or any local authority or Tea Board;
(c) any sum paid by the Central Governmentar the State Government or any
local authority for implementation of any scheme for the welfare of labour
not employed in any establishment;
(d) any sum borrowed under section 11.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 11, 2015
The West Bengal Tea Plantation Employees'
Welfare Fund Act, 2015.
Board.
(Section 4.)
(3) The sums specified in clause (a) of sub-section (2) shall be paid or collected
by such agencies, at such intervals and in such manner as may be prescribed.
(4) Subject to the provisions of the Comptroller and Auditor-General's (Duties,
Power and Conditions of Service) Act, 1971 and the rules made thereunder, the
Governor of West Bengal.may entrust the audit of the accounts of the Board to the
Comptroller and Auditor-General of India.
(5) The Comptroller and Auditor-General of India or any other person appointed
by him in this behalf shall have the same rights, privileges and authority in connection
with such audit as the Comptroller and Auditor-General of India has in connection
with the audit of the Government accounts.
(6) The accounts of the Board as certified by the Comptroller and Auditor-General
of India or any other person appointed by him in this behalf together with the Audit
Report and the Audit Certificate thereon -shall be forwarded to the State Government
and the State Government shall cause the same to be laid, as soon as may be after it is
received, before the West Bengal Legislative Assembly.
4. ( 1 ) The State Government shall, by notification in the Official Gazette, constitute
a Board to .be called the West Bengal Tea Plantation Employees' Welfare Board.
(2) The Board shall consist of—
(a) the Minister-in-charge of the Labour Department, Government of
West Bengal who shall he the ex-officio Chairman of the Board;
(b) Secretary, Labour Department, Government of West Bengal who shall be
the Vice Chairman of the Board;
(c) Labour Commissioner, West Bengal who shall be the Member Secretary-
Convener of the Board;
(d) six official members to he nominated by the State Government in such
manner as may be prescribed;
two persons representing the employers to be nominated by the State
Government in such manner as may be prescribed; and
(f) two persons representing the operative Trade Unions of Tea Plantation to
he nominated by the State Government in such manner as may he
prescribed:
Provided that the Board may incorporate any officer of any Department as a member
of the Board, if it thinks necessary.
(3) Save as otherwise expressly provided in this Act, the members of the Board
referred to in clauses (c) and (f) of sub-section (2) shall hold office for a term not
exceeding three years from the date on which they become members of the Board:
Provided that notwithstanding the expiry of the term of office of any such member,
he shall continue to hold office until the nomination of his successor is notified in the
Official Gazette.
(4) The allowance, if any, payable to the non-official members of the Board shall
be such as may he prescribed.
(5) The Board shall be a body corporate having perpetual succession and a common
seal, with power to acquire, hold and dispose of a property, both movable and
immovable, and shall by the said name sue and be sued.
56 of 1971.
THE KOLKATA - GAZET 1E, EXTRAORDINARY, AUGUST 1 I , 2015 [PART III
The West Bengal Tea . Plantation Employees'
Welfare Fund Act, 2015.
(Sections 5-10.)
(6) The Board shall be the trustee of the fund constituted under this Act.
(7) The Board shall conduct its business in such manner as may be prescribed.
Power to appoint
committees.
Application of
fund.
Procedure for
obtaining
financial benefits
from the
Plantation
Welfare Fund.
Assistance of the
State Government
towards skill
development
activities for the
childcren of tea
plantation
employees.
5. The State Government may remove any non-official member of the Board on
such ground and in such manner as may be prescribed.
6. (1) A non-official member may resign by giving notice, in writing to the State
Government, and on such resignation being accepted, he shall be deemed to have
vacated his office.
(2) A casual vacancy in the office of a member shall be filled, up, as soon as
possible, by the State Government and a member so appointed shall hold office for the
unexpired portion of the term of office of the member whose space he fills.
(3) No act or proceeding of the Board shall be invalid on the ground merely of the
existence of any vacancy in, or any defect in the constitution of, the Board.
7. For the purpose of advising the Board in the discharging of its functions, the
Board may constitute one or more committees, of which at least one member shall be
a member of the Board.
8. The fund constituted under this Act shall be utilized for the following purposes—
(a) to provide interest subvention and/or matching grants to the employers
of tea gardens as soft loan which they may take for undertaking social
welfare schemes viz. medical facilities, housing, primary education,
potable water supply, sanitation and child care and for providing other
basic amenities for the families of tea plantation employees;
(b) to provide scholarship to the children of tea garden employees for
undergoing training in the technical institutes, Polytechnics and other
higher courses;
(c) to provide margin money as a soft loan to incentivize the present owners
or the new owners of the sick and closed tea gardens to infuse additional
capital through hank loan for rejuvenation and modernization of the tea
gardens.
Eyplanation.— For the purpose of this section the interest of soft loan shall be
such as may be notified by the Government from time to time.
9. ( I ) Application for obtaining financial benefits from the Tea Plantation
Employees' Welfare Fund shall be submitted to the Board in such form and in such
manner as may be prescribed.
(2) The Board may either allow the application with such conditions as it may
deem fit and proper or reject the same with reasons to be recorded in writing:
Provided that the Board shall take its decision preferably within three months of the
receipt of the application.
10. The State Government shall provide necessary assistance in implementing
approved course curriculum for skill development activities and facilitate the
identification of vocational training providers who would be imparting employment
linked training to the children of tea plantation employees. The State Government
shall also provide assistance for appropriate assessment and certification on completion
of training. -
Disqualification
and removal.
Resignation of
office by
members and
filling up casual
vacancies.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 11, 2015 5
Power of Board to
borrow.
The West Bengal Tea Plantation Employees'
Welfare Fund Act, 2015.
(Sections 11-17.)
11. The Board may, with the previous sanction of State Government and subject
to such conditions as may he specified in this behalf, borrow any sum required for the
purposes of this Act.
Investment of
fund.
Directions by the
State Government
to the Board.
Appointment of
Inspectors and
their powers.
12. If the fund or any portion thereof cannot be applied at an early date for carrying
out any of the activities referred to in this Act, the Board shall invest the same in any
of the securities specified in clauses (a) to (d) and (0 of section 20 of the Indian Trusts
Act, 1882, so far as the securities are related to any State Government or Central
Government.
13. The State Government may give the Board such directions as in its opinion
are necessary or expedient in connection with expenditure from the fund or for carrying
out any of the purposes of this Act. It shall be the duty of the Board to comply with
such directions.
14. (1) The State Government may appoint Inspectors for carrying out the purposes
of this Act.
(2) Any inspector may—
(a) make such inspection as may appear to him necessary for satisfying himself
that the benefits or the soft loan so granted to the beneficiary are utilized
in accordance with the provisions of this Act and the rules made thereunder
or of any orders issued by the State Government under this Act. For this
purpose he may with such assistants, if any, as he considers necessary
being persons in the service of the Government, enter at all reasonable
hours any premises or place for inspecting any records, registers,
documents, and notices required to be maintained and kept under this
Act or the rules made thereunder and require the production thereof for
inspection and for taking copies, if necessary, and;
exercise such other powers as may be prescribed. (b)
2 of 1882.
(3) An Inspector shall for the purpose of giving effect
Act, have the power to—
(a) prosecute, conduct or defend before a Court
proceeding arising under this Act; and
(b) require any employer to supply or send any true
information relating to the provisions of this
thereunder.
to the provisions of this
any complaint or other
copy of any document or
Act and the rules made
Interest on unpaid
loans after
stipulated time.
15. The State Government or any officer authorized by the State Government in
this behalf may call for the records of the Board, inspect the same and supervise the
working of the Board.
16. It shall be the responsibility and duty of the employer to repay the loan amount
along with the interest accrued thereon within the stipulated time.
17. If the employer fails to repay the loan amount togetherwith interest within the
stipulated time, he shall be liable to pay the penal 'interest at such rate as may be
prescribed.
Power of State
Government or
authorized
officers to call for
records.
Responsibility of
employer to repay
the loan amount
alongwith accrued
interest.
6 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 11, 2015 [PART III
Mode of recovery
of sums or loans
payable by the
Board.
Penalties.
The West Bengal Tea Plantation Employees'
Welfare Fund Act, 2015.
(Sections 18-22.)
18. Where any money is due to the Board from an employer under this Act, the
Board or any person authorized by the Board may, without prejudice to any other
mode of recovery make an application to the State Government for the recovery of the
money due to the Board, and if the State Government is satisfied that any money is so
due, it shall issue a certificate for that amount to the collector who shall proceed to
recover the same in the same manner as an arrcar of land revenue and the provision of
Bengal Public Demands Recovery Act, 1913 will apply mutatis mutandis.
19. ( I ) Any person who wilfully obstructs an Inspector in the exercise of his
powers or discharge of his duties under this Act or fails to produce for inspection on
demand by an Inspector any registers, records, returns or other documents maintained
in pursuance of the provisions of this Act or the rules made thereunder or to supply to
him on demand true copies of any such documents, shall, on conviction, be punished
with imprisonment for a term which may extend to one year or with fine which may
extend to one thousand rupees; or with both.
(2) If any person is guilty of misappropriation of money or property received
under this Act or non-compliance with any of the requirements of this Act or the rules
made thereunder, in respect of which no penalty is provided, he shall be punishable
with imprisonment for a term which may extend to two years and with fine which may
extend to ten thousand rupees.
Ben. Act
III of 1913.
Prosecution.
Supersession of
Board.
Rules.
20. No prosecution for such offence shall be instituted by an Inspector except
with the previous sanction of the Board.
21. ( I) If the State Government is satisfied that the Board has made default in
performing any of the duties imposed on it by or under this Act or has abused its
power, the State Government may, by notification in the Official Gazette, supersede
the Board.
(2) After the supersession of the Board and until it is reconstituted, the powers,
duties and functions of the Board under this Act shall be exercised or performed by
such officer or officers, as the State Government may appoint for this purpose.
22. (1) The State Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the forgoing power,
such rules may be made for all or any of the following matters, namely:—
(a) the intervals at which or the period within which any of the sums referred
to in section 3 shall be paid to the fund, the manner of making of such
payment and the agency for paying or collecting any such sum;
(b) the procedure for defraying expenditure out of the fund;
(c) the allowances, payable to the non-official members of the Board under
sub-section (3) of section 4;
(d) the manner referred to in sub-section (7) of section 4 in which the Board
shall conduct its business;
(e) the form of application to obtain benefits under this Act;
(f) delegation of powers and functions of the Board to such Officer and the
_ conditions and limitations subject to which such powers may be exercised
or functions may be discharged;
PART III] THE KOLKATA GAZE I I L, EXTRAORDINARY, AUGUST 11, 2015 7
Member of the
Board and all
officers and
employees of
Board to be
public servant.
Protection to
persons acting in
good faith.
Power to remove
difficulties.
The West Bengal Tea Plantation Employees
Welfare Fund Act, 2015.
(Sections 23-25.)
(g) the registers and records to be maintained and returns to be sent to the
State Government by the Board under this Act;
(h) the publication of the report of the activities financed from the fund
together with a statement of receipts and expenditure of the fund and a
statement of accounts;
(i) any other matter which under this Act is required to he or may be
prescribed.
(3) The rules, as soon as they are made, be laid before the State Legislature.
23. The members of the Board, the Inspectors and all other officers and other
employees of the Board shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code, 1860.
24. No suit, prosecution or other legal proceeding shall lie against any person or
anything which is in good faith done or intended to be done under this Act.
25. If any difficulty arises in giving effects to the provisions of this Act, the State
Government may, by order, make such other provisions or give such direction, not
inconsistent with the provision of this Act, as appear to it to be necessary or expedient
for the removal of difficulty.
45 of 1860.

By order of the Governor,
MADHUMATI MITRA,
Secy. to the Govt. of West Bengal,
Law Department.
Published by Law Department, Government of West Bengal and
Printed at Saraswaty Press Ltd.(Govemment of West Bengal.Enterprise), Kolkata 700 056.

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