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THE PLANTATIONS LABOUR ACT, 1951

Title : THE PLANTATIONS LABOUR ACT, 1951

Year : 1951



(1) 1* Save as otherwise expressly provided in this Act, no adult worker shall be required or allowed to work on any plantation in excess of 2*[forty eight hours] a week and no adolescent 5[***] for more than 3*[twenty seven hours] a week.

(2)4* Where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than forty-eight hours in any week, he shall, respect of such overtime work, be entitled to twice the rates of ordinary wages;-

Provided
that no such worker shall be allowed to work for more that nine hours on any day and more than fifty-four hours in any week.

(3) For any work done on any closed holiday in the plantation or on any day of rest, worker shall be entitled to twice the rates of ordinary wages as in the case of overtime work.
 
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1. Section 19 renumbered as sub-section (1) thereof by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981

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

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

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

5. Omitted by the Plantations Labour (Amendment) Act, 2010 for the following : - "or child"

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(1) The State Government may by rules made in this behalf--

(a) Provide for a day of rest in every period of seven days which shall be allowed to all workers;

(b) 1*provide for the conditions subject to which, and the circumstances in which, an adult worker may be required or allowed to work overtime.

(2) Notwithstanding anything contained in clause (a) of sub- section (1) Where a worker is willing to work on any day of rest which is not a closed holiday in the plantation, nothing contained in this section shall prevent him from doing so:

Provided that in so doing a worker does not work for more than ten days consecutively without a holiday for a whole day intervening.

Explanation 1.-- Where on any day a worker has been prevented from working in any plantation by reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his day of rest for the relevant period of seven days within the meaning of sub-section (1).

Explanation 2.--Nothing contained in this section shall apply to any worker whose total period of employment including any day spent on leave is less than six days.

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1. Substituted by The Plantations Labour (Amendment) Act, 1981, w.e.f 29-12-1981. Prior to substitution section 20 (b) stood as follows:

"(b) Provide for payment for work done on a day of rest at a rate not less than the overtime rate prevailing in the area, and where there is no such rate as may be fixed by the State Government in this behalf."

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The period of work on each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest for at least half an hour.



The period of work of an adult worker in a plantation shall be so arranged that inclusive of this interval for rest under section 19 it shall not spread-over more than twelve hours including the time spent in waiting for work on any day.



(1) There shall be displayed and correctly maintained in every plantation a notice of periods of work in such form and manner as may be prescribed showing clearly for every day the periods during which the workers may be required to work.

(2) Subject to the other provisions contained in this Act, no worker shall be required or allowed to work in any plantation otherwise than in accordance with the notice of periods of work displayed in the plantation.

(3) An employer may refuse to employ a worker for any day if on that day he turns up for work more than half an hour after the time fixed for the commencement of the day's work.



1*No child shall be employed to work in any plantation
 
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1. Inserted by the Plantations Labour (Amendment) Act, 2010.
 
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Except with the permission of the State Government, no woman 1[***] worker shall be employed in any plantation otherwise than between the hours of 6 A.M.and 7 P.M.:

Provided
that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation.

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1. Omitted by the Plantations Labour (Amendment) Act, 2010 for the following : - "or child"

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No 2[***] no adolescent shall be required or allowed to work if any plantation unless-

(a) A certificate of fitness granted with reference to him under section 27 is in the custody of the employer; and

(b) Such 3[***] adolescent carries with him while he is at work a token giving a reference to such certificate.
   
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1. Words "who has completed his twelfth year" omitted by Child Labour (Prohibition and Regulation) Act (61 of 1986) w.e.f 23-12-1986.

2. Omitted by the Plantations Labour (Amendment) Act, 2010 for the following : - "child 1[ *** ] and"

3. Omitted by the Plantations Labour (Amendment) Act, 2010 for the following : - "child or"

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(1) A certifying surgeon, shall on the application of any young person or his parent or guardian accompaned by a document signed by the employer or any other person on his behalf that such person will be employed in the plantation if certified to be fit for work, or on the application of the employer or any other person on his behalf with reference to any young person intending to work, examine such person and ascertain his fitness for work 1[***] as an adolescent.

(2) A certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed.

(3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the young person, his parents or guardian.

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1. Omitted by the Plantations Labour (Amendment) Act, 2010 for the following : - "either as a child or"

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An inspector may, if he thinks necessary so to do, cause any young person employed in a plantation to be examined by a certifying surgeon.

Last updated on April, 2016

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