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Kerala Plantation Labour Rules 1959
13th March 1959
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(1) these rules may be cited as the Kerala Plantations Labor Rules 1959.
(2) These rules shall extend to the whole of the state of Kerala .
(3) These rules shall come into force at once except as other wise specifically provided.
In these rules, unless there is anything repugnant in subject or context-
(1) An application for Registration of plantation shall be made in form No. 17 in duplicate to the Registering officer, accompanied by a treasury receipt under which the fee prescribed under sub-rule of this rule has been deposited.
(2) The employer shall pay the fee by depositing into a treasury in Kerala under the Head of account in force from time to time on the rates given below: -
| (a) | Up to 5 hectares | Nil |
| (b) | 5 hectares up to 10 hectares | Rs. 100 |
| (c) | 10 hectares up to 25 hectares | Rs. 150 |
| (d) | 25 hectares up to 50 hectares | Rs. 300 |
| (e) | 50 hectares up to 100 hectares | Rs. 750 |
| (f) | 100 hectares up to 200 hectares | Rs. 1250 |
| (g) | 200 hectares up to 500 hectares | Rs. 2500 |
| ( |
(1) The certificate of registration granted under sub-rule (4) of rule 2A may be amended by the Registering officer.
(2) The fee for the amendment of the certificate of Registration shall be Rs. 25 plus the amount if any by which the fee that would have been payable if the certificate of Registration has been issued in the amended form exceeds the fee originally paid for the certificate of Registration.
(3) Procedure for making the application for amendment of the certificate of Registration shall be the same as prescribed in these rules for the registration of a plantation
(1) A fee of Rs. 50 shall be payable for the issue of duplicate copy of certificate of Registration on an application by employer.
(2) All fees to be paid under these rules shall be remitted in the local treasury under the respective head of account in the force from time to time and the receipt obtained shall be submitted along with the application.
(i) The certificate of Registration granted by the Registering officer shall be exhibited in a conspicuous place in the office of the plantation.
(ii) Any change occurring in the Application form for registration shall be intimated by the employer to the Registering officer in form No. 19.
Any person aggrieved by the order of the Registering officer under sub-section {6) of section 3 B may within 30 days of publication of such order in the newspaper prefer an appeal to the Labor Commissioner.
(1) (a) Every appeal under sub-section (1) of section 3 C shall be preferred in the form of a memorandum signed by the appellant or his authorized agent and presented to the Appellate Authority in person or sent to him by registered post.
(b) The memorandum shall be accompanied by a certified copy of the order appealed from, which shall be supplied to him by the Registering Officer free of cost.
(c) The memorandum shall set forth concisely and under distinct head grounds of appeal against the order appealed from.
(2) Where the memorandum dose not comply with the provisions of sub-rule (1) of this rule, it may be rejected or returned to the appellant for the purpose of being amended within the time to be fixed by the Appellate Authority.
(3) Where the Appellate Authority rejects the memorandum of appeal under sub-rule (2) on the ground of limitation shall record the reasons for such rejections and communicate the order to the appellant.
(4) Where t
An Inspector shall for the purpose of giving effects to the provisions of the act, have power to do all or any of the following things, that is to say-
Every order passed under the Act and the rules shall be served on the employer.
(1) For purposes of the examinations and certification of young persons who wish to obtain certificates of fitness, the certifying Surgeon shall fix a suitable time and place in consultations with the employer for the attendance of such persons before the expiry of one month from the date of application and shall give previous notice in writing thereof to the employers of the plantations situated within the local limits assigned to him.
(2) Every Certifying Surgeon shall keep bound books containing certificates in Form No. 1 respectively in two foils and a counterfoil. In each book, the form shall be numbered consecutively and shall be printed on cloth- backed or other durable paper. The foils and counterfoil shall be filled in and either the signature or the left thumb-mark of the person in whole name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the person examined, the certifyi
If a qualified medical practitioner employed in a Garden or Group Hospital referred to in chapter III is appointed to be a certifying Surgeon, an appeal will lie against his finding to the civil surgeon of the area in which this plantation is situated.
An adequate supply of wholesome drinking water shall be made available in every plantation
The water provided for drinking shall be supplied from any convenient source approved by the Chief Inspector.
If drinking water is not supplied from taps connected with public water supply system it shall be kept in suitable vessels and renewed at least daily. All practicable steps shall be taken to preserve the water and vessels from contamination and to keep the vessels scrupulously clean.
(1) Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility of pollution by chemical or bacterial and extraneous impurities.
(2) Where drinking water is supplied from such well or reservoir the water in it shall be sterilized periodically as required by the Inspector by written order, and the date on which sterilizing is carried out shall be recorded:
Provided that this requirement shall not apply to any such well or reservoir if the water there in filtered and treated before it is supplied for consumption.
The inspector may by order in writing direct, the employer to obtain, at such time or at such intervals as he may direct, a report from the Health officer or the Certifying Surgeon, if the former is not available, as to the fitness for human consumption of the water supplied to worker, and in every case to submit to the inspector a copy of such report as soon as it is received from the Health officer.
(a) Latrine accommodation shall be provided in every plantation on the scale of one latrine for every fifty acres of the area under cultivation or part thereof;
Provided that there shall be at least one latrine each for either sex.
(b) The latrine shall be conveniently situated and shall have exclusive access for either sex
The latrines should conform to public health requirements and latrines other than those connected with an efficient water-born sewage system, shall comply with the requirements of the public Health Authorities.
Every Latrines shall be under cover and so partitions off as to secure privacy and shall have proper door and fastenings
Where workers of both sexes are employed, there shall be displayed outside each latrine or latrine block, a notice in the language understood by the majority of workers "For Men only" or "For women only" as the case may be. The notice shall also bear the figure of a man or woman, as the case may be.
(a) Where piped water supply is available, sufficient number of water taps, conveniently accessible shall be provided in or near such latrine accommodation.
(b) If piped water supply is not available, sufficient quantity of water shall be kept stored in suitable receptacles near the latrines.
All drains carrying waste or sullage water shall be constructed in masonry or other impermeable materials and shall be regularly flushed and the effluent disposed of by connecting such drains with a suitable drainage line:
Provided that, where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of Health officer.
(1) if in any plantation, the employer does not provide and maintain any or all of the facilities and amenities required to be provided under rules 7 to 10 or 12 to 17 the Chief Inspector shall issue notice to the employer requiring him to provide the facilities and amenities within 30 days of receipt of the notice. If no satisfactory reply is received or the required facilities and amenities are not provided within the time specified, he may require the Chief Engineer, Public Health Engineering Department, in writing to arrange for the facilities and amenities being provided according to the standards prescribed in the said rules at Government cost and send a certificate of cost incurred therefore to the Chief Inspector
(2) On receipt of certificate from the chief Engineer, public Health Engineering Department, the Chief Inspector shall require the employer in writing to remit the amount as certified by the Chief Engineer within a month, failing which, the Chief inspector s
The state Government shall by notification in the Official Gazette constitute a Medical Advisory Board for consultation in regard to matter connected with the provision of medical facilities.
(1) The advisory Board shall consist of,
(2) The Chief Inspector of plantations shall be the Convener of the Board.
(3) No act or proceedings of the Advisory Board shall be invalid on the ground of any defect in the constitution of, or any vacancy in, the Board.
(1) A non-official member nominated to the Board at the time of its reconstitution shall unless he resigns his office or dies, hold office or for a period of three years from the date of the notification appointing him as a member of the Board and shall be eligible for re-nomination. A non-official nominated as a member of the Board in the vacancy caused by resignation of office or death of another member or in the vacancy cause by any of the causes mentioned under rule 23, shall hold office for the period to which the original member would normally have continued had his membership not been discontinued.
Provided that an outgoing member shall continue in office until the appointment of his successor is notified
(2) The official members of the Board shall hold office during the pleasure of the state government.
Every non-official member shall be entitled to draw travelling and daily allowances at the rates fixed by the state Government from time to time for any journey performed by him for attending a meeting of the advisory Board.
A non-official member may resign his office by letter, addressed to the chairman of the Advisory Board and his office shall fall vacant from the date on which his resignation is accepted by the Chairman.
A nominated member may be declared by the chairman of the Advisory Board to have vacated his office-
(1) Every question which the Advisory Board is requested to take into consideration, shall be considered either at its meeting or, if its chairman so desires, by circulating the necessary papers to all the member for their opinion:
Provided that papers need not be circulated to a member who is at the time outside India.
(2) When a question is circulated for opinion under sub-rule (1) any member may request that the question be considered at a meeting of the Advisory Board and thereupon the chairman may, and if the request is made by three or more members, shall, direct that it be so considered.
The Advisory Board shall meet at such time and place
(1) Notice shall be given to every member of time and place fixed for each ordinary meeting at least fifteen days before such meeting and each member shall be furnished with a list of business to be transacted at the meeting:
Provided that, when an emergent meeting is called by the Chairman, a notice giving such reasonable time as he may consider necessary, shall be deemed sufficient
(2) No business which is not in the list shall be considered at a meeting without the permission of the chairman.
The Chairman of the' Advisory Board shall preside at every meeting of the Board at which he is present of the Chairman is absent from any meeting the members present shall elect one of the members to preside over the meeting and the member so elected shall at that meeting exercise all the powers of the Chairman.
No business shall be transacted at a meeting of the Advisory Board whether ordinary or emergent unless at least three members of which one representative each of employers, workers and of the government are present:
Provided that if at any meeting, less than three members are present, the chairman of the Advisory Board may adjourn the meeting to a date not later than seven days, informing the members present and sending notice to other members that he proposes to dispose of the business at the adjourned meeting, whether there is a quorum or not, and he may there upon dispose of the business at such adjourned meeting even if there is no quorum.
(1) Every question at a meeting of the Advisory Board shall be decided by a majority of votes of the members present and voting on the question but minority shall have the right of getting their dissent recorded, In the case of an equality of votes, the Chairman shall have a second or casting vote.
(2) Every question, referred to the member opinion shall, unless the Chairman reserves it for consideration at a meeting, be decided in accordance with the opinion of the majority of members submitting their opinions within the specified time.
(a) the proceedings of each meeting of the Advisory Board shall be circulated to all members not later than two months from the date of meeting and thereafter recorded in a minute book which shall be kept for permanent record.
(b) The record of the proceedings of each meeting shall be signed by the Chairman of the Advisory Board or, as the case may be, by the person presiding at that meeting
(1) The Advisory Board shall advice the state government as regards the standards of the medical facilities to be provided which may be approved.
(2) The Advisory Board shall scrutinize the half-yearly progress reports from the employers submitted under rule 85(3) and advice the State Government to issue such instruction in the light thereof as will ensure compliance with the relevant provisions of the Act and these rules within the scheduled period.
(3) In addition to matters specified in sub-rules( l)and (2) above, the Advisory Board shall consider and report on any matter connected with the provision of medical facilities which may be referred to by the State Government or the Chairman of the Board.
There shall be two types of hospitals in plantations, namely, garden Hospitals and group Hospitals.
Provided that Group Hospitals may serve as Garden Hospitals for the plantatins in which they are situated if they are no separate Garden Hospitals in these plantations.
(1) Subject to the provisions of sub-rules (2) and (3), every employer shall, either-
Provided that in the case of lien on hospital beds outside the plantation, a plantation or group of plantations shall provide a dispensary with up to 5 detention bed under the immediate care and supervision of a qualified medical practitioner assisted by at least a full time trained nurse and such other staff as the Chief Inspector, may consider necessary with corresponding reduction in the number of beds on which the plantations or group of plantations shall have a lien.
(2) A plantation employing 1,000 or more workers shall run its own garden Hospital while plantations employing le
(1) In order to provide in-patient treatments which are not available in the Garden Hospital the planters should join together through trust or other institutional device and provide joint Group Hospital sharing the expenses proportionate to the number of workers or they should make arrangements, with the nearest Group Hospital where such facilities exist.
(2) Plans for the establishment of Group Hospitals containing details as regard their location and size, areas of plantations served, the number of workers employed thereon etc. shall be approved by the State Government.
(3) Every Group Hospital shall have a minimum of 100 beds and there shall be at least 3 beds per 700 workers, every bed having 60 sq. ft. of floor space:
Provided that the State Government may fix a lesser number of beds to be provided in a Group Hospital and exempt a group of plantations from providing a group Hospital if it is satisfied that adequate alternative arrangement exist for treatm
(a) Every Dispensary, Garden Hospital and group Hospital shall maintain such equipments and drugs, as may be specified by the State Government.
(b) The district medical officers concerned or a medical officer not below the rank of an Assistant Surgeon nominated by the District Medical officer shall visit the Dispensaries, Garden Hospital and Group Hospital at least once year to see weather they sufficiently equipped and stocked with drugs and send a report to the management and Chief Inspector.
The medical officer in-charge of each dispensary, Garden Hospital or Group hospital shall
(a) Out-patient treatment- The out-patient treatment shall include:-
(b) In-patient Treatments- The hospital treatment shall include maintenance, food and medicine including treatment at confinement:
Provided that the facilities mentioned in this rules shall be free of cost to the workers and their families and shall be paid for by the plantations: Provided further that the charges for the food supplied may be levied and be paid for by the concerned workers in accordance with the existing government orders
(1) Before the 1st January, 1977 every employer shall submit the Central as well as the State Government, for approval, a scheme for providing medical facilities according to the prescribed standards. The scheme shall show the various stages in, and the date by which required medical facilities are proposed to be provided. Medical facilities shall be provided according to the scheme approved by the Government.
(2) Every employer shall furnish to the state government reports in such form as has been prescribed by the 31st January and 31st July every year to show progress made in providing medical facilities according to the approved scheme.
(1) if any employer does not provide and maintain medical facilities as required in these Rules to the satisfaction of the Chief Inspector, the later shall, at .the expense of the defaulting employer; cause to be provided and maintained such facilities in the nearest garden hospital or Dispensary or in the District or other similar hospitals . The defaulting employer shall be liable to pay the cost of such medical facilities including charges, if any , in respect of-
(2) Where medical facilities are not provided by any employer the State Government may also arranged for such medical facilities as they deem necessary and recover such contributions from the employer as the State Government may specif
When any sum of money is due from any employer under rule 39, the Chief Inspector shall give him notice in writing requiring the payment of the amount to the Collector, who may recover the same as an arrear of land revenue.
In or near every plantation wherein one hundred and fifty or more workers are ordinarily employed the employer shall arranged directly otherwise, to provide and maintain a canteen or canteens with the facilities for sale of tea, coffee and snacks to the workers.
(1) tea, coffee and snacks served in every canteen shall be sold on a no profit basis.
(2) The prices of all items served in the canteen shall be conspicuously displayed in every canteen.
(1)
(2) Every creche shall conveniently accessible to the mothers of the children accommodated therein.
(3) There shall be not less than 15 sq. ft. of floor area for each child to be accommodated in a creche.
(4) The building in which the creche is situated shall be of sound construction with a good plinth.
(5) the plan of creche building shall be in accordance with the standard plan, or with other plains approved by the Chief Inspector
(6) The Creche shall be furnished with suitable furniture and a cradle for each child below the age of two.
(7) A suitably fence and shady open- air playground shall be provided the elder children.
(8) The employer shall appoint-
(1) there shall be in or adjoining the creche a sitable wash room for the washing of the children and their clothes.
(2) there shall be provided a latrine for the use of the children in the creche.
At least half a pint of clean pure milk if possible, otherwise powdered milk approved by the certifying Surgeon, shall be made available
The Wheat rawa or Ragi flour may be cooked in sufficient qua
(1) The creche attended or attendants shall be provided 2[free of cost] with four sets of clean clothes per year for use while on duty in the creche.
(2) An adequate supply of clean clothes, soap and oil shall be made available 2[free of cost] for each child while it is in the creche.
Every employer shall provide and maintain-
Provided that subject to the provisions of rule 48 a group of employers may with the approval of the Chief Inspector provide and maintain joint recreation centers and playgrounds and share their expenses.
Every recreation centre to be provided and maintained under rule 47 shall be conveniently situated as near as possible to the worker's quarters.
Every employer shall, if number of workers' children between the age of 6 and 12 in his plantation exceeds 25. provided and maintain a primary school or school for imparting primary education to the children:
Provided that an employer may not provide and maintain a primary school if there is one under the direct management of the state government or of any local body for imparting free education to the children up to primary or higher standard, and within a distance of two miles from the place where workers reside in his plantation, or, if under any other law he is required to pay a cess or tax for primary education:
(1) Every school to be provided and maintained under rule 49 shall be conveniently situated and within a distance of two miles from the workers' quarters
(2) No school opened without the previous sanction of the Director of Public instruction shall be recognized:
Provided that in the case of any school maintained in any plantation at the commencement of these rules the Director of Public Instruction may, subject to such conditions he may specify, grant recognition.
(3) The schools shall be under the administrative control of the State Education Department.
(4) Every school shall be under the management of one person or definite by constituted body of persons approved by the Education Department.
(5) the school shall be conducted in conformity with the conditions of the education Code.
(6) A school should have a minimum, site of 50 cents of land approved by the education Department and Building 100' x 18' constructed in accordance with the s
There shall be provided for every primary maintained under rule 49 such educational and other equipments as may be considered necessary by the director of public instruction or such other authority appointed by him.
No person shall be permitted to teach in a school unless he has the required qualification as per education code rules and holds a license granted by the director of public instruction:
Provided that in the case of any person who is working as a school teacher in a plantation at the commencement of these rules, the Director of Public Instructions or such other authority as may be appointed by him may. subject to such condition specified, relax any of the qualifications.
The curriculum, duration standard and syllabus of the course of instruction to be imparted in the primary school shall be such as may be prescribed by the education Department.
No fees shall be charged from the worker's children attending the primary school.
Every employer shall provide for every worker and his family residing in a plantation, housing accommodation as near as possible to the place of work. It shall be open to an employer to provide such accommodation in the course of several year provided that houses shall be built for at least eight per cent of the resident workers every year up to the maximum required.
All housing accommodation for workers in a plantation shall conform to such standards and specification as may be approved by the state government on the recommendation of the Advisory Board referred to in rule 65, provided that existing buildings substantially conforming to the later specifications may be accepted.
(1) The housing accommodation shall be provided on dry well-drained land which, taking into consideration of the requirements regarding distance from the plantations, has supplies of wholesome drinking water within a reasonable distance. In Malarialtracts, the houses shall be provided at a safe distance from the swams and marshes and above the highest flood level.
(3) The employer shall maintain in good condition the approach roads and paths to the area where houses are located as also the sewers and drains in that area.
(4) The employer shall not deny to public free access to those parts of the plantation where the workers are housed.
(5) The employer shall cause the vicinity of all house to be kept clear of refuse and excerta and their latrine and drains to be clean
Within six months after standards and specifications are approved by government, every employer shall submit to the Chief Inspector of plantations for approval a scheme in regard to the provision by him of housing accommodation for worker. The scheme shall provide for the following matters:-
(1) Specification of the period during which housing accommodation is proposed to be provided in respect of all resident workers in plantations, such period being not later than the period referred to in rule 55
(2) The type design which is proposed to be adopted for the construction of houses, such design being in conformity with the standards and specifications as may be approved by the State Government under rule 56.
(3) Plan and site plan, in duplicate of the buildings to constructed or remodeled for use as workers' houses.
All houses shall be built in accordance with the scheme as approved In waiting by the Chief Inspector of Plantations. With a view to showing the progress made in providing houses according to the approved scheme, every employer shall submit to the Chief Inspector of plantations a report in form No.4 on the 31st January and 31st July every year.
(1) The employer shall at his own expense, execute such repairs to the houses as may be required from time to time and maintain the houses in fit and safe condition for occupation.
(2) A worker occupying a house may, and an inspector appointed under the Act shall, bring to the notice of the employer any defect in the condition of a house which make it dangerous to the health and safety of the worker. Where an inspector so brings any such defects to notice, it shall be the duty of one employer to rectify them with the least possible delay.
(3) The employer shall get all the houses lime-washed at least once every year and all the doors, windows and other wooden structure varnished or painted once in three years. The dates on which lime-washing or painting was last carried out shall be painted or stenciled at a convenient spot on each building.
No rent shall be charged by an employer for the housing accommodation provided to workers and their families residing in his plantation.
(1) Houses shall be allotted on the basis of one house for a worker having a family for the use of the worker and his family:
Provided that if there are two or more workers in a family, only one house shall be allotted in respect of any such family in the name of any worker in the family:
Provided further that in the case of termination of services of a worker in whose name a house is allotted under the preceding proviso, the house shall be allotted in the name of any other member of his family who is worker
(2) The occupant of house shall not make any unauthorized additions to or alterations in the house.
(3) The occupant shall not exchange the house with the occupant of smother house except with the written permission of the employer
(4) The occupant shall not let the house or any port
(1) When a worker dies in the service of the employer or retries or goes on transfer, or resign or goes on leave or when his services are terminated, he or his family, as the case may be, may retain the house up to the period as detailed below:
(1) In the case of termination of his employment, a worker shall, where possible, be given reasonable facilities to harvest the standing crops in his garden plot.
(2) In the case of any employer wanting to take over for the estate use any plot of land that is being cultivated by the workers, the workers shall be given reasonable facilities to harvest the standing crops in their garden plots or be paid reasonable compensation in lieu thereof.
(1) if in any Plantation the employer does not provide and maintain all or any of the facilities and amenities required to be provided under rules 41 to 46 or 49 to 63, the Chief Inspector shall issue notice to employer requiring him to provide the facilities and amenities within 30 days of receipt of the notice. If no satisfactory reply is received within the time specified or the required facilities or amenities are not provided he may require the Chief Engineer,(Roads and Buildings) to construct the building(s) for the purpose in conformity with the provisions contained in the said rules at Government cost and send a certificate of cost incurred therefor to the Chief Inspector
(2) The Chief Inspector shall arranged to provide other facilities and amenities required to be provided under the said Rules at Government cost.
(3) After estimating the total cost incurred under sub-rules (1&2) the chief inspector shall require the employer in writing to remit the amount so
The State Government shall by notification in the official gazette; Constitute an Advisory Board for consultation in regard to matters connected with housing.
(1) The advisory Board shall consist of -
(2) The Chief Inspector of Plantations shall be the Convener of the board,
(3) No act or proceedings of the Advisory Board shall be invalid on the ground of any defect in the constitution of, or any vacancy in the Board.
The provision of rules 20 to 30 relating to term of office of members travelling allowance, resignation, vacation at office and procedure relating to meetings of Medical Advisory Board shall apply mutatis and mutantis to the Advisory Board constituted under rule 65 above.
(1) The Advisory board shall advise the State Government as regards standards and specifications of houses which may be approved.
(2) The advisory Board shall scrutinies the yearly progress reports from employers and advise the State Government to issue such instructions in the light thereof as will ensure compliance with the relevant provisions of the Act and these rules within the scheduled period.
(3) In addition to matters specified in sub-rule (1) and (2), the Advisory Board shall consider and report on any matter connected with housing of workers which may be referred to it by the State Government or by the Chairman of the Advisory Board.
If there is any difficulty in the working of rules 55 to 68 the State Government may issue such instructions as it may consider necessary to remove the difficulty.
Any Commissioner for Workmen's Compensation appointed under section 20(1) of the workmen's compensation Act, 1923 (Act VIII of 1923) shall be qualified to be appointed as Commissioner for the purpose of determining the amount of Compensation payable under section 16 a of the Act
The service Conditions of the Commissioner under the Plantation Labor Act, 1951 shall be the same as those applicable to the commissioner for Workmen's Compensation.
(1) The application for payment of Compensation under 16A shall be in Form F prescribed under rule 20 of the Kerala Workmen's Compensation Rules, 1958. The procedure laid down in the Kerala Workmen's Compensation Rules, 1958 shall mutaties-mutandis apply for the receipt and disposed of application for Compensation by the Commissioner.
(2) The matter or matters on which the Commissioner seeks the assistance of person prossessings special Knowledge shall relate to any one or more of the following:
(3) Any amount of compensation awarded by the Commissioner shall be recovered as arrears of land revenue by co
(1) Every employer shall supply to every worker free of cost once in every twelve months either a combli or an umbrella or rain-coat or a hat of suitable quality approved by the Chief Inspector;
Provided that in an estate situated at an elevation of 2500 ft or more above sea level one extra combli shall be supplied in addition to the above:
Provided further that in the case of temporary workers, the employer shall have the option of supplying a special type of combli which is returnable on termination of the employment alternatively an allowance of
In case of dispute or difference of opinion regarding the elevation of any estate the Chief Inspector shall arrange for elevation being determined.
(1) Unless otherwise permitted by the State Government no worker shall be required or permitted to work on any plantation on a Sunday except when he has had or will have a day of rest on one of the three days immediately preceding or succeeding that Sunday.
Provided that the weekly holiday may be substituted by another day: Provided further that every worker shall be free to work on a day of rest, which is not a general holiday, but in so doing he shall not work for more than ten days consecutively without having holiday for full one day.
(2) Every worker shall be paid for work on his day of rest at the overtime rate prevailing in a particular areas as fixed under the Minimum Wages Act, 1948, and where there is no such rate, at double the ordinary rate.
(1) The notice prescribed in section 23 shall be in the Form No.5.
(2) It shall be written in English and in the language understood by the majority of workers in the plantation shall be displayed at some conspicuous and convenient place and shall be maintained in a clean and legible condition.
(3) Any modification in the periods of work in the plantation which may necessitate a change in the aforesaid notice shall be intimated to the inspector in duplicate, along with a copy of the original notice, either before the change is made or within three days of making any such change.
(1) Every
(IB) Every child worker shall be entitled to get sickness allowance from his employer for each day of certified sickness for a total period of 14 days in an year at the rate of 50 paise per day]
(2) Sickness allowance specified in sub-rule (1) shall be paid either weekly or along with first installment of wages payable to the worker after he resumes his work on recovery from certified sickness.
(3) The certificate of sickness shall be issued in Form No.6 (to b
(1) Notwithstanding anything contained in the rule 73, where in any year, a worker does not take the whole of the leave allowed to him under sub- rule( 1) of that rule, he shall be entitled to add the leave not taken in that year to the leave to be allowed to him in the succeeding year:
Provided that the number of the days of leave that may be carried forward to a succeeding year shall not in any case exceed thirty days.
(2) In addition to the leave to which a worker is entitled under sub-rule (1) of rule 73 and sub-rule (1) of this rule, a worker may in the event of certified sickness, the prefix or suffix to such leave, the balance amount, if any, of the annual leave with wages outstanding to his credit under section 30 of the act:
Provided that the leave under the sub-rule shall be allowed only in genuine cases of serious chronic illness or for prolonged periods of convalescence on the basis of a certificate in Form No. 6.
Every women employed in a plantation in the case of confinement, or expected confinement, shall without prejudice to her right, if any, to premedical facilities existing in a plantation be entitled to obtain from her employer maternity allowance at such rate, for such period and at such intervals as have been provided for in the
The employer shall send a notice of accident in Form No.21 to the chief inspector of plantations and to the inspector of plantations having jurisdiction over the area within three days of the occurrence of the accident:
Provided that in the case of a fatal accident a notice shall be sent within twenty-four hours.
The Registrar of Accidents to be maintained by the employer shall be in Form No. 22)
(1) An appeal against the orders of an inspector shall lie to the Chief Inspector and against the orders of the Chief Inspector to the State Government or to such authority as the State Government may appoint in this behalf. The appellate authority after giving both parties an opportunity of being heard, shall either reject the application or decide in any manner it deems fit.
(2) All appeals under sub-rule (1) shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and shall be accompanied by a certified copy of the order appealed against, duly signed by the appellant or, on his behalf, by a duly authorized agent or legal practitioner An appeal shall be considered valid only if submitted within two months from the date of the order appealed against.
(3) on receipt of the memorandum of appeal, the appellate authority shall, if it thinks fit, appoint an assessor within two weeks to assist in the disposal of the appeal. It shal
(1) Every employer shall maintain -
Provided that if the Inspector or the Chief inspector is of the opinion that any muster roll or register maintained by the employer gives there required particulars in respect of any or all workers in the plantation, he may by order in writing, direct that such muster-roll or register shall, to the corresponding extent, be maintained in the place of and be treated as the register required under this sub-rule in respect of that plantation.
(2) (a) Every employer shall provide a plantation worker with a book in Form No. 10 (hereinafter called the Leave Book). The leave Book shall be the property of the worker and the employer or his agent shall not demand it except to
(1) Every employer shall furnish to the Inspector and the chief inspector on or before the 31st January of every year an annual return in duplicate in Form No. 11.
(2) Every employer shall furnish to the inspector and the Chief inspector not later than the 15th February of the year subsequent to that to which it relates, returns in form Nos. 12, 13, 14 and 15.
(3) Every employer shall furnish to the inspector and the chief inspector by the 31st January and 31st July every year-a half -yearly progress report in duplicate in regard to the provision of medical facilities in Form No. 16.
The State Government may by order in writing exempt,- subject to such conditions and restrictions as they may think fit to impose, any employer or class of employers from all or any of the provisions of these rules:
Provided that no such exemption shall be granted except with the previous approval of the Central Government.
The Travancore Cochin Plantations Labor Rules, 1955 and the Madras Plantations Labor Rules, 1955 in their application to the territories transferred from the State of Madras to the State of Kerala, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
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