Chapter 4(B) The Plantations Labour Act, 1951 – CS Professional Labour Laws and Practice Notes is designed strictly as per the latest syllabus and exam pattern.
The Plantations Labour Act, 1951 – CS Professional Labour Laws and Practice Study Material
Question 1.
What was the rationale/objective of enactment of Plantation Labour Act,
1951?
Answer:
- Initially, the living conditions of plantation workers was very unhygienic.
- There was dearth of medical facilities due to which many workers involved in plantation use to loose their lives.
- The pre-independence legislative measures did not deal with the provisions of labour welfare, and they were more protective of the employers than the workers.
- The Tea District Emigrant Labour Act of 1932 deals mainly with the regulations of recruitment of workers and had no provision regulating welfare arrangements for plantation workers.
- A Labour Investigation Committee set up by Government in 1946 highlighted requirement of substantial improvement in wages, housing accommodation and medical services for plantation workers
- The Committee suggested the enactment of a separate legislation and Plantation Labour Act was passed in 1951.
- The Act includes several statutory provisions for labour, such as housing, sanitation, schooling facilities for the children of the plantation workers, medical facilities, drinking water, creches etc.
- The Act came into effect in 1955.
Question 2.
What is the applicability of Plantation Labour Act, 1951 ?
Answer:
- Plantation Labour Act, 1951 applies to whole of India except the State of Jammu and Kashmir.
- The Act covers in its ambit following Plantation:
- Any land used / to be used for growing tea, coffee, rubber, cinchona or cardamom ; measuring 5 hectares or more ;15 or more persons are /were employed on any day of the preceding 12 months.
- Any land used / to be used for growing any other plant (notified in Official Gazette); measuring 5 hectares or more ;15 or more persons are /were employed on any day of the preceding 12 months.
Question 3.
Describe the process for registration of plantation.
Answer:
At the commencement of the Plantation Labour (Amendment) Act, 1981, every existing plantation and any other plantation coming into existence, shall within a period of sixty days of such commencement/ existence of plantation, make an application to the Registering Officer for the registration of such plantation.
A ter the receipt of an application , Registering Officer shall register the plantation and issue a certificate of registration to the employer.
In case of any change in the ownership/management/area of plantation, the same needs to be informed to the registering Officer within 30 days.
Question 4.
What are the various health, safety and welfare provisions for plantation workers?
Answer:
Following are provisions for plantation workers:
| Area | Scope | Compliance |
| Health | Drinking water | Wholesome drinking water in sufficient quantity to be provided at convenient places. |
| Sanitation | Sufficient quantity of Clean washrooms separately for men and women workers | |
| Medical facilities | Readily available medical facilities, as provided by State Govt | |
| Welfare | Canteens | One or more canteen where 150 or more plantation workers are employed |
| Creches | Creche in form of suitable room for use of children be provided, where there are greater than 50 women workers or greater than 20 children of workers (children being less than 6 years of age) | |
| Recreational | Recreational facilities be provided for workers and children | |
| Educational | Educational facilities be provided for children, where there are 25 or more children in age bracket of 6 years to 12 years | |
| Housing | Housing facilities be provided for workers including family | |
| Safety | Protective clothing and equipment, | Bathing, clock room, protective clothing, safety equipment be provided to every worker engaged in handling insecticides, chemicals or toxic substances |
Question 5.
What are the provisions relating to leave of plantation workers?
Answer:
Following are provisions relating to leaves of plantation workers:
- Every adult worker be allowed 1 leave with wage for 20 days of working and if he / she is a young person then 1 leave for every 15 days of work.
- The leaves not taken during a period of 12 months will be accumulated in next year and will be entitled to take these earned leaves.
- Every worker shall be entitled to get sickness allowance from his employer in case he/ she is sick and the same is certified by qualified medical practitioner
- Women worker shall be entitled to get maternity allowance from his employer in case of confinement or expected confinement.
Question 6.
What is the process in case any accident takes place in plantation?
Answer:
Where an accident occurs in a plantation, which results in death or bodily injuries (causing prevention of work for 48 hours or more of the injured worker), employer of plantation is required to give notice of such incident to Authorities in prescribed form and time.
Employer shall maintain a register of all accidents which occur in the plantation in such form and in such manner as may be prescribed.
The employer shall give compensation to a worker in plantation in case of accident and the memorandum relating to such compensation shall be got registered by the employer with the Commissioner in accordance with the provisions of the Workmen’s Compensation Act, 1923.
Question 7.
What is the Liability of employer in respect of accidents resulting from collapse of houses provided by the employer?
Answer:
Section 16 A provides that if death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided, 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 employer shall be liable to pay compensation.
Amount of compensation payable to a workman will be determined as per the provisions of Workmen’s Compensation Act.
State Government may, appoint Commissioners to determine the amount of compensation payable by the employer.
Question 8.
What are the powers of Commissioner in respect of accidents resulting from collapse of houses provided by employer of Plantation?
Answer:
- On receipt of an application under section 16C, the Commissioner may make an inquiry into the matter covered by the application.
- Commissioner may follow such summary procedure as he thinks fit in order to determine the compensation
- The Commissioner shall have all the powers of a civil court while trying a suit under COC, being-
- summoning and enforcing the attendance of any person
- examining him on oath
- requiring the discovery and production of any document
- receiving evidence on affidavits
- requisitioning any public record or copy thereof from any court or office
- issuing commissions for the examination of witnesses or documents
- any other matter which may be prescribed.
Question 9.
What was the rationale/ objective of enactment of Plantation Labour Act, 1951?
Answer:
| Contravention | Penalty (Mandatory punishment) |
| Obstruction
(i) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses 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 |
Imprisonment- a term which may extend to six months or Fine- which may extend to ten thousand rupees or with both |
| (ii) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act | Imprisonment for a term which may extend to six months, or Fine-which may extend to ten thousand rupees, or with both. |
| Use of false certificate of fitness Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 27 a certificate of fitness granted to another person under that section, or having been granted a certificate of fitness to himself knowingly allows it to be used, or allows an attempt to use it to be made by another person. | Imprisonment for a term which may extend to two months, or Fine which may extend to one thousand rupees, or With both. |
| Contravention of provisions regarÂding employment of labour Whoever, except as otherwise permitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder, prohibiting, restricÂting or regulating the employment of persons in a plantation | Imprisonment for a term which may extend to six months, or Fine which may extend to ten thousand rupees, or with both. |
| Other offences Whoever contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided by or under this Act |
Imprisonment for a term which may extend to six months, or Fine which may extend to ten thousand rupees, or With both. |
| Enhanced penalty after previous conviction If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction It is provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. | Imprisonment which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both |
The Plantations Labour Act, 1951 Notes
Applicability of Plantation Labour Act, 1951.
- Plantation Labour Act, 1951 applies to whole of India except the State of Jammu and Kashmir.
- The Act covers in its ambit following Plantation:
- Any land used / to be used for growing tea, coffee, rubber, cinchona or cardamom or notified crop
- measuring 5 hectares or more
- 1 or more persons are /were employed on any day of the preceding 12 months.
Process for registration of plantation
- Every existing plantation and any other plantation coming into existence, shall within 60 days of such commencement/ existence of plantation, make an application to the Registering Officer.
- Registering Officer to register the plantation and issue a certificate of registration to the employer.
- In case of any change in the ownership /management / area of plantation , needs to be informed to the registering Officer within 30 days.
Checklist of compliance for plantation worker’s welfare:
Health
Drinking water
- Wholesome drinking water in sufficient quantity to be provided at convenient places.
Sanitation
- Sufficient quantity of Clean washrooms separately for men and women workers
Medical facilities
- Readily available medical facilities, as provided by State Govt
Welfare
Canteens
- One or more canteen where 150 or more planation workers are employed
Creches
- Creche in form of suitable room for use of children be provided, where there are greater than 50 women workers or greater than 20 children of workers (children being less than 6 years of age)
Recreational
- Recreational facilities be provided for workers and children
Educational
- Educational facilities be provided for children, where there are 25 or more children in age bracket of 6 years to 12 years
Housing
- Housing facilities be provided for workers including family
Safety
- Protective clothing and equipment, Bathing, clock room, protective clothing, safety equipment be provided to every worker engaged in handling insecticides, chemicals or toxic substances
Leaves
- Every adult worker be allowed 1 leave with wage for 20 days of working and if he / she is a young person then 1 leave for every 15 days of work.
- The leaves not taken during a period of 12 months will be accumulated in next year and will be entitled to take these earned leaves.