(1) The State Government may make rules requiring that in every plantation wherein one hundred and fifty workers, are ordinary employed, one or more canteens shall be provided and maintained by the employer for the case of the workers.
(2) Without prejudice to the generality of the foregoing power, such rules 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 food-stuffs 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).
(1) 1* In every plantation wherein fifty or more women workers (including women workers employed by any contractor) are employed were employed on any day of the preceding twelve months, or where the number of children or women workers (including women workers employed by any contractor) is twenty or more, there shall be provided and maintained by the employer 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,;
(1A)2* 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 months, 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 the employer to provide and maintain such rooms and thereupon the employer shall be bound to comply with such direction.
(2)3*[The rooms referred to in sub-section (1) or sub-section (1A)] shall-
(a) Provide adequate accommodation;
(b) The 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 3*[The rooms referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accom -modation and the equipment and amenities to be provided therein.
1. Substituted by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981. Prior to substitution section 12 stood as follows: "In every plantation wherein fifty or more women workers are employed or were employed on any day of the preceding twelve months, there shall be provided and maintained by the employer suitable rooms for the use of children of such women who are below the age of six years."
2. Inserted by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981
3 . Substituted for "such rooms" by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981
The State Government may make rules requiring every employer to make provisions in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed.
Where the children between the ages of six and twelve of workers employed in any plantation exceed twenty-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 prescribed.
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 decreased worker who, immediately before his death, was residing in the plantation.
1. Substituted by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981. Prior to substitution section 15 stood as follows: "15.Housing facilities.-It shall be the duty of every worker and his family residing in the plantation necessary housing accommodation"
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, the 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;
(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 maintaining 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.
16A 2*Liability of employer in respect of accidents resulting form collapse of houses provided by him
(1) 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 under section 15, and the collapse is not slowly and directly attributable to a fault on the part of an occupant of the house or to a natural calamity, the employer shall be liable to pay compensation.
(2) The provisions of section 4 of, and Schedule IV to, the Workmen's Compensation Act, 1923, as in force of 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 Commissioners 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 dependent of the deceased or by any agent duly authorised by such dependent or, if such dependent is a minor, by his guardian.
(2) Every application for compensation under 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 aforesaid period of six months, entertain such application within a further period of six months.
Explanation- In this section, the expression "dependent" has the meaning assigned to it in clause (d) of section 2 of the Workmen's Compensation Act, 1923.
16D - Procedure and powers of Commissioner
(1) On receipt of an application under section 16C, the Commis -sioner may make an inquiry into the matter covered by the application.
(2) In determining the amount of compensation payable under section 16A, the 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 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 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 of 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 the purpose of determining any claim of 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 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 decisions of the High Court in cases in which an appeal is preferred under sub-section (2), the decision of Commissioner under sub-section (1) shall be final and shall not be called in question in any court.
16F - Savings 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 compensation more that 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 sections16A 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 for service of Commissioners;
(ii) The manner in which claims for compensation may be inquired into and determined 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.
The State Government may make rules requiring that in every plantation the employer shall provide the workers with such number and type of unbrellas, blankets, rain coats or other like amenities for the protection of workers from rain or cold as may be prescribed.
(1) In every plantation wherein three hundred or more workers are ordinarily employed the employer shall company such number of welfare officers as may be prescribed.
(2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section(1).
18A - Safety
(1) 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 measures 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 which 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 worker engaged in handling insecticides, chemicals or toxic substances in such manner as may be prescribed by the State Government.
(8) Every employer shall display in the plantation a list of permissible concentrations of insecticides, chemicals and toxic substances 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) 2*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 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 facilities 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.
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