JALPAIGURI LABOUR ACT, 1912

Act No. 02 of 1912

30th March, 1912

An Act to provide for the keeping of registers and the sub-mission of returns by employers of labour in the district of Jalpaiguri. Whereas it is expedient to provide for the keeping of registers and the submission of returns by employers of labour in the district of Jalpaiguri; It is hereby enacted as follows:--

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S.1 Short title

This Act may be called the Jalpaiguri Labour Act, 1912.

S.2 Extent

It extends--

• (a) to the district of Jalpaiguri; and
• (b) to such other parts of Eastern Bengal 2 * * as the State Government may, 3 * * * by notification in the Official Gazette, direct.

2. The words "and Assam" were omitted by Sch. IV to the Government of India (Adaptation of Indian Laws) Order, 1937.

3. The words "with the previous sanction of the Governor-General in Council" were omitted by Sch. IV to the Government of India (Adaptation of Indian Laws) Order, 1937.

S.3 Commencement

It shall come into force--

• (i) in the territories mentioned in clause (a) of section 2, at once; and
• (ii) in any territories to which it may be extended by a notification under clause (b) of the said section, on such day as may be specified in that behalf in the notification.

S.4 Definitions

In this Act, unless there is anything repugnant in the subject or context,--

• (a) "estate" means the land upon which more than 50 persons have been engaged to labour;
• (b) "employer" means the chief person for the time being in charge of any estate;
• (c) "Inspector" means an Inspector appointed under this Act by the State Government, and includes the Magistrate of the district.

S.5 Registers to be kept and returns made by employers

Every employer shall keep such registers of all persons employed on the estate of which he is in charge and of their dependants, in such form, and shall make to the Inspector such periodical returns in writing, as the State Government may, by rule, prescribe.

S.6 Power of the Inspector to inspect lands and houses and to make requisitions and inquiries

Any Inspector may verify the accuracy of the entries in the registers or in any prescribed periodical return; and for this purpose may enter and inspect all lands and houses used by the persons employed on the estate, and may require that the persons employed on the estate, or any particular class or classes or individual or individuals of them, shall be brought before him; and may make any inquiries which he thinks proper regarding the accuracy of the entries in the registers or returns; and the employer shall be bound to the best of his ability to comply with every such requisition and to answer every such inquiry made by the Inspector.

S.7 Power to make rules

(1) In addition to the powers hereinbefore conferred, the State Government may make, rules to carry out any of the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may--

• (a) prescribe the form of all registers under this Act;
• (b) define and regulate the powers and duties of Inspectors appointed by it under this Act;
• (c) prescribe what returns and reports shall be made under this Act by any such Inspector or by any employer, and the form in which such returns and reports shall be respectively so made.

S.8 Employer refusing or omitting to keep registers, etc

Whoever, being an employer, refuses or wilfully omits to keep such registers or to make such periodical returns in writing to the Inspector as may be prescribed by any rule made under this Act, or knowingly keeps an incorrect register or makes an incorrect return, shall be punishable with fine which may extend to Rs. 200.

S.9 Employer or other person obstructing Inspector under section 6

Whoever, being an employer or acting under the orders or on behalf of an employer, wilfully obstructs any entry, inspection or inquiry, or omits to comply with any requisition, made under section 6, shall for every such offence be punishable with fine which may extend to Rs. 200.

S.10 Powers of State Government to exclude estates, etc., from the Act

The State Government may, by notification in the Official Gazette, exclude any specified portion of the district, or any specified estates or class of estates, from the operation of this Act.