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THE PLANTATIONS LABOUR ACT, 1951

Title : THE PLANTATIONS LABOUR ACT, 1951

Year : 1951

[Act No. 69 of 1951]
[2nd November,1951]

PREAMBLE

An Act to provide for the welfare of labour, and to regulate the conditions of work, in plantations.

BE it enacted by Parliament as follows:-



(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 shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

(4)1* 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 2*[cinchona or cardamom] which and measures 3*[5 hectares] or more and in which 4*[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 and measures 3*[5 hectares] or more and in which 4* [fifteen] more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government by notification in the Official Gazette, so directs.

5*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-

(a) It admeasures less than 3*[5 hectares] or

(b) The number of persons employed therein is less than 4 [fifteen]

Provided that no such declaration shall be made in respect of such land which admeasured less than 3*[5 hectares] or in which less than 4*[fifteen] persons were employed, immediately before the commencement of this Act..]

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1. Section 4 substituted by The Plantations Labour (Amendment) Act, 1960, w.e.f 13-09-1960. Prior to substitution section 4 stood as follows
"(4) It applies in the first instance to all tea, coffee, rubber and cinchona plantations, but any State Government may, subject, to the previous approval of the Central Government, by notification in the Official Gazette, apply it to any other class of plantations within that State."

2. Substituted for "or Cinchona" by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981

3. Substituted for "10.117 hectares" by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981

4. Substituted for "thirty" by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981

5. Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981

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In this Act, unless the context otherwise requires,-

(a) "Adolescent" means a person who has completed his fifteenth 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 fifteenth years";

(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 plantations, and where 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;

7*Explanation.-For the purposes of this clause, "the person who has the ultimate control over 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;

(ee) 1* ''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,
8*[and includes parents and widow sister, dependent upon him or her];

(eee) 2* "Inspector" means an inspector of plantation appointed under sub-section (1) of section 4 and includes and additional inspector of plantation appointed under sub-section (IA) of that section;;

(f) 3* ''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, 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;

(h) 4* ''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 (XI of 1948);

(j) "Week" means period of seven days beginning at midnight on Saturday night or such other night as may be fixed by the State Government in relation to plantation in any area after such consultation as may be prescribed with reference to the plantations concerned in that area;

(k)5* ''worker'' means a person employed in a plantations for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled manual or clerical, 7*[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 9*[rupees ten thousand];

(iii) Any person employed in the plantation primarily in a 10*[managerial or administrative capacity, notwithstanding that his monthly wages do not exceed rupees 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.

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1. Inserted by The Plantations Labour (Amendment) Act, 1960, w.e.f 13-09-1960

2. Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981

3. Substituted by The Plantations Labour (Amendment) Act, 1960, w.e.f 13-09-1960. prior to substitution section 2 (f) stood as follows:
"plantation means any land used or intended to be used for growing tea, coffee, rubber, or cinchona, which admeasures twenty-five acres or more and whereon thirty or more persons are employed, or where employed on any day of the preceding twelve months, and in any State where the provisions of this Act, have been applied by notification under sub-section (4) of section 1 to any other class of plantations, means also any land used or intended to be used for growing the plant mentioned in such notification and whereon thirty or more persons are employed, or were employed on any day of the preceding twelve months"

4. Substituted by The Plantations Labour (Amendment) Act, 1960, w.e.f 13-09-1960. Prior to substitution section 2 (h) stood as follows:
"qualified medical practitioner means a person having a certificate granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (VII of 1916), or in the Schedules to the Indian Medical Council Act, 1933 (XXVII of 1933) and also persons having certificates granted under the different State (Provincial) Medical Council Act,"

5. Substituted by The Plantations Labour (Amendment) Act, 1960, w.e.f 13-09-1960. Prior to substitution section 2 (k) stood as follows:
" 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, but does not include - (a) a medical officer at the plantations; (b) any person whose monthly wages exceed three hundred rupees; or (c) a person employed in a plantation primarily in a management capacity notwithstanding that his monthly wages do not exceed rupees three hundred;"

6. Substituted for "Rupees Three Hundred" by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981

7. Inserted by the Plantations Labour (Amendment) Act, 2010.

8. Substituted by the Plantations Labour (Amendment) Act, 2010 for the following : -"and includes, where the worker is a male, his parents dependent upon him"

9. Substituted by the Plantations Labour (Amendment) Act, 2010 for the following : -"6[rupees seven hundred and fifty]"

10. Substituted by the Plantations Labour (Amendment) Act, 2010 for the following :- "managerial capacity, notwithstanding that his monthly wages do not exceed 6[rupees seven hundred and fifty]"

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In this Act, reference 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;

(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.

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 function 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 Planatations Labour (Amendment) Act, 1981 shall, within a period of sixty days for such commencement, and every employer of any other plantation coming into existence after such commencement shall, within a period of sixty days for the coming into existence of such plantation, 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 prevented 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 receipt 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 regarding 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, and 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 publication of such order 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 for the aforesaid period if it is satisfied that appellant was prevented by sufficient cause form 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 powers, such rules may provide 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 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.

Last updated on April, 2016

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