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PRESENTATION

ON
THE PLANTATIONS LABOUR
ACT- 1951

बागान श्रम अधिनियम - 1951

Advocate Owen Chourappa


IT APPLIES TO:
Any land used or intended to be used for
growing tea, coffee, rubber, cinchona or
cardamom which admeasures 5 hectares or
more and in which fifteen or more persons are
employed or were employed on any day of the
preceding twelve months.

Cont…
THE CHAPTERS IN THE ACT ARE:
Chapter- I: PRELIMINARY
Chapter- IA: REGISTRATION OF PLANTATIONS
Chapter- II: INSPECTING STAFF
Chapter- III: PROVISIONS AS TO HEALTH
Chapter- IV: WELFARE
Chapter- IVA: PROVISIONS AS TO SAFETY
Chapter- V: HOURS AND LIMITATION OF EMPLOYMENT
Chapter- VI: LEAVE WITH WAGES
Chapter- VIA: ACCIDENTS
Chapter- VII: PENALTIES AND PROCEDURE
Chapter- VIII: MISCELLANEOUS
FEW DEFINITIONS - परिभाषाएं
“Plantation” means any plantation to which this
Act, whether wholly or in part, applies and
includes offices, hospitals, dispensaries, schools,
and any other premises used for any purpose
connected with such plantation.
“Plantation” does not include any factory on the
premises to which the provisions of the Factories
Act, 1948 apply.
Chapter- III: PROVISIONS AS TO HEALTH

 Drinking water - sufficient supply of


wholesome drinking water for all workers.

 Conservancy- sufficient number of latrines


and urinals.

 Medical Facilities- medical facilities for the


workers and their families
Two types of Hospitals
- Garden Hospitals and Group Hospitals
- Out – patients, in – patients not requiring any
elaborate diagnosis and treatment.
- Pre – natal and post – natal care of children
- Periodic inspection of workers

- Doctor, Nurse, Midwife, Pharmacist, trained


health assistant – whole time – all hours.
-
- Group Hospitals (Groups of Gardens)
- Deal with all types of cases
- Min 100 beds – 3 beds per 700 or less
- State Government can exempt
plantations
from providing a group hospital.
- Facilities
- Well qualified staff as per state
government rules of appointment
Chapter- IV: WELFARE
 Canteens - In every plantation wherein 150 workers
are ordinarily employed, one or more canteens shall be
provided and maintained by the employer.
 Crèches – 50 or more women, there shall be provided
and maintained by the employer suitable rooms for the
use of children of such women workers.
 Recreational facilities – 175 families of resident
workers.
 Radio set, indoor games, a playground with sports
equipments
Cont…
 Education facilities.

 Children between the ages of 6 and 12 exceeds


25, provide and maintain primary school.
 If there is a government school or any local body
school providing free education, 1 mile distance
from residence – employer may not provide.
 1 teacher : 40 children
 Follow the state education board syllabus
 Housing facilities.

 On a dry, well – drained land


 Facility for wholesome drinking
water
 Within reasonable distance
 Adequate lighting arrangement in and
around the facility
 Maintain approach roads and paths also
drainages
 Provide toilet facility
Maintenance of Houses
• Maintain at employers expenses, execute annual repair
and maintenance if necessary.
• The employee inform the employer about the need for
maintenance.
• Lime – washed at least once every year and other repairs

• Accommodation to be rent free
• Occupants shall not exchange the house with another
• Use of latrines by all and maintain cleanliness
• No cattle, goats shall be kept in the living rooms or
verandah
Provisions of Safety – while using insecticides etc.

• Well trained, qualified people to be employed to mix,


blend, handle, store and transport the insecticides and
chemicals etc.
• Periodic medical examinations of persons involved in
such employment
• Maintain health record of every worker
• Provide washing, bathing and clock room facilities
• Provide clothing and equipments

.
Chapter- V: HOURS AND LIMITATION OF
EMPLOYMENT
 Weekly hours- (i) No adult worker shall be required or
allowed to work on any plantation in excess of forty-eight
hours a week and no adolescent or child for more than
twenty-seven hours a week.
(ii) No worker such shall be allowed to work for more
than nine hours on any day and more than fifty-four hours
in any week.
(iii) In respect of such overtime work, be entitled to twice
the rates of ordinary wages.

Cont…
(iv) 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.
 Weekly holidays – 1 day of rest
 Daily intervals for rest – 5 hours, ½ hour rest
 Notice of period of work – time table
 Prohibition of employment of children
 Night work for women – No women to be employed
Chapter- VI: LEAVE WITH WAGES
 Annual leave with wages
 22 days for adult
 24 days for young person

 Wages during leave period


 Permanent employee – daily wage
 Part time employee – average daily wage

 Sickness and maternity benefits


 State government rules apply
Chapter - VIA: ACCIDENTS
 Notice of accident – Min 48 hours or more rest.

 Register of accidents – Employer maintains the record

 Compensation – Employer to give the compensation


Chapter- VII: PENALTIES AND PROCEDURE
 Obstruction – inspector – jail term for 6 months
 Use of false certificate of fitness – jail 2 months
 Breaking of provisions regarding employment
of labour – jail 6 months
Thank You

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