THE PLANTATIONS LABOUR ACT, 1951 14. Educational facilities. 15. Housing facilities. 16. Power to make rules relating to housing. 16A. Liability of employer in respect of accidents resulting from collapse of houses provided by him. 16B. Appointment of Commissioners. 16C. Application for compensation. 16D. Procedure and powers of Commissioner. 16E. Liability to pay compensation, etc., to be decided by Commissioner. 16F. Saving as to certain rights. 16G. Power to make rules. 17. Other facilities. 18. Welfare officers. CHAPTER IVA Provisions as to safety 18A. Safety. 18B. Power of State Government to make rules. CHAPTER V Hours and limitation of employment 19. Weekly hours. 20. Weekly holidays. 21. Daily intervals for rest. 22. Spreadover. 23. Notice of period of work. 24. Prohibition of employment of children. 25. Night work for women and children. 26. Non-adult workers to carry tokens. 27. Certificate of fitness. 28. Power to require medical examination. CHAPTER VI Leave with wages 29. Application of Chapter. 30. Annual leave with wages. 31. Wages during leave period. 32. Sickness and maternity benefits. 32A. Notice of accident. 32B. Register of accidents. 32C. Compensation. CHAPTER VIA A CCIDENTS CHAPTER VII Penalties and procedure 33. Obstruction. 34. Use of false certificate of fitness. 35. Contravention of provisions regarding employment of labour. 36. Other offences. 37. Enhanced penalty after previous conviction. 37A. Power of court to make orders. 38. Exemption of employer from liability in certain cases. 39. Cognizance of offences. 39A. Protection of action taken in good faith. 40. Limitation of prosecutions. 41. Power to give directions. 42. Power to exempt. 43. General power to make rules. CHAPTER VIII M ISCELLANEOUS THE PLANTATIONS LABOUR ACT, 1951 A CT N O . 69 OF 19511 An Act to provide for the welfare of labour, and to regulate the conditions of work, in plantations. B E it enacted by Parliament as follows:— CHAPTER I P RELIMINARY 1. Short title, extent, commencement and application.—(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 date2 as the Central Government may, by notification in the Official Gazette, appoint 3[(4) 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 4[, cinchona or cardamom] which admeasures 5[5 hectares] or more and in which 6[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 admeasures 6[5 hectares] or more and in which 7[fifteen] or 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. 7[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— 1. The Act comes into force in Pondicherry on 1-10-1963 by Reg. 7 of 1963, s. 3 and Sch. I. The Act has been amended in Kerala by Kerala Act 25 of 1969. 2. 1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530 3. Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960). 4. Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982). 5. Subs. by s. 2, ibid., for “10.117 hectares” (w.e.f. 26-1-1982). 6. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982). 7. Ins. by s. 2, ibid. (w.e.f. 26-1-1982). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (a) it admeasures less than 1[5 hectares], or (b) the number of persons employed therein is less than 2[fifteen]: Provided that no such declaration shall be made in respect of such land which admeasured less than 1[5 hectares] or in which less than 2[fifteen] persons were employed, immediately before the commencement of this Act.] 2. Definitions.—In this Act, unless the context otherwise requires,— (a) “adolescent” means a person who has completed his 3[fourteenth] 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 3[fourteenth] year; (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 plantation, 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; 4[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;] 5[(ee) “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, 6[and includes parents and widow sister, dependent upon him or her;] 7[(eee) “inspector” means an inspector of plantations appointed under sub-section (1) of section 4 and includes an additional inspector of plantations appointed under sub-section (1A) of that section;] 1. Subs. by Act 58 of 1981, s. 2, for “10.117 hectares” (w.e.f. 26-1-1982). 2. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982). 3. Subs. by Act 61 of 1986, s. 24, for “fifteenth” (w.e.f. 23-12-1986). 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 5. Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960). 6. Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010). 7. Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982). 1[(f) “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; 2[(h) “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 (11 of 1948); (j) “week” means a period of seven days beginning at mid-night on Saturday night or such other night as may be fixed by the State Government in relation to plantations in any area after such consultation as may be prescribed with reference to the plantations concerned in that area; 3[(k) “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 4[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 5[rupees ten thousand]; (iii) any person employed in the plantation primarily in a 6[managerial or administrative capacity, notwithstanding that his monthly wages do not exceed 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. 3. Reference to time of day.—In this Act, references 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; 1. Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960). 2. Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960). 3. Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960). 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 5. Subs. by s. 2, ibid., for “rupees seven hundred and fifty” (w.e.f. 7-6-2010). 6. Subs. by s. 2, ibid., for “managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty” (w.e.f. 7-6-2010). (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. 1[CHAPTER IA Registration of plantations 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 functions 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 Plantation Labour (Amendment) Act, 1981 (58 of 1981) shall, within a period of sixty days of such commencement, and every employer of any other plantation coming into existence after such commencement shall, within a period of sixty days of 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: 1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982). Provided that the appellate authority may entertain an appeal under this sub-section after the expiry of the aforesaid period if it is satisfied that the appellant was prevented by sufficient cause from 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 power, 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.] CHAPTER II Inspecting staff 4. Chief inspector and inspectors.—(1) The State Government may, by notification in the Official Gazette, appoint for the State a duly qualified person to be the chief inspector of plantations and so many duly qualified persons to be inspectors of plantations subordinate to the chief inspector as it thinks fit. 1[(1A) The State Government may also, by notification in the Official Gazette, appoint such officers of the State Government or of any local authority under its control, as it thinks fit, to be additional inspectors of plantations for all or any of the purposes of this Act.] (2) Subject to such rules as may be made in this behalf by the State Government, the chief inspector may declare the local area or areas within which, or the plantations with respect to which, inspectors shall exercise their powers under this Act, and may himself exercise the powers of an inspector within such limits as may be assigned to him by the State Government. (3) The chief inspector and all inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). 5. Powers and functions of inspectors.—Subject to any rules made by the State Government in this behalf, an inspector may within the local limits for which he is appointed— (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the rules made thereunder are being observed in the case of any plantation; 1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982). (b) with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or part thereof at any reasonable time for the purpose of carrying out the objects of this Act; (c) examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this section to answer any question or make any statement tending to incriminate himself. 6. Facilities to be afforded to inspectors.— Every employer shall afford the inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this Act. 7. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such plantation or class of plantations as it may assign to them respectively. (2) The certifying surgeon shall carry out such duties as may be prescribed in connection with— (a) the examination and certification of workers; (b) the exercise of such medical supervision as may be prescribed where adolescents 1[are], employed in any work in any plantation which is likely to cause injury to their health. CHAPTER III Provisions as to health 8. Drinking water.—In every plantation effective arrangements shall be made by the employer to provide and maintain at convenient places in the plantation a sufficient supply of wholesome drinking water for all workers. 9. Conservancy.—(1) There shall be provided separately for males and females in every plantation a sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to workers employed therein. (2) All latrines and urinals provided under sub-section (1) shall be maintained in a clean and sanitary condition. 10. Medical facilities.—(1) In every plantation there shall be provided and maintained so as to be readily available such medical facilities for the workers 2[and their families] as may be prescribed by the State Government. (2) If in any plantation medical facilities are not provided and maintained as required by sub-section (1) the 3[State Government upon a request by the chief inspector] may cause to be provided and maintained therein such medical facilities, and recover the cost thereof from the defaulting employer. (3) For the purposes of such recovery the chief inspector may certify the costs to be recovered to the collector, who may recover the amount as an arrear of land-revenue. 1. Subs. by Act 17 of 2010, s. 3, for “and children are, or are to be” (w.e.f. 7-6-2010). 2. Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960). 3. Subs. by Act 17 of 2010, s. 4, for “chief inspector” (w.e.f. 7-6-2010). STATE AMENDMENT Kerala Amendment of section 10.—In section 10 of the Plantations Labour Act, 1951 (Central Act 69 of 1951), after sub-section (1), the following Explanation shall be inserted, namely:— “Explanation.—For the purpose of this section, “family”, when used in relation to a worker, means— (i) his or her spouse; (ii) mentally retarded children, minor legitimate or adopted son, unmarried legitimate or adopted daughter of the worker dependent upon him or her, and includes the parents of the worker dependent upon him or her.”. CHAPTER IV W ELFARE 11. Canteens.—(1) The State Government may make rules requiring that in every plantation wherein one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and maintained by the employer for the use of the workers. (2) Without prejudice to the generality of the foregoing power, such rules may 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 foodstuffs 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). 12. Creches.—1[(1) In every plantation wherein fifty or more 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 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.] 2[(1A) 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 1. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982). 2. Ins. by s. 6, ibid. (w.e.f. 26-1-1982). 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) 1[The rooms referred to in sub-section (1) or sub-section (1A)] shall— (a) provide adequate accommodation; (b) be 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 1[the rooms referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation and the equipment and amenities to be provided therein. 13. Recreational facilities.—The State Government may make rules requiring every employer to make provision in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed. 14. Educational facilities.—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 be prescribed. STATE AMENDMENT Assam Amendment of section 14.—In the principal Act, for existing section 14, the following shall be substituted, namely: — 14. — Educational Faculties.—Where the children between the ages of six and fourteen 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 be prescribed.”“ 15. Housing facilities.—It shall be the duty of every employer to provide and maintain necessary housing accommodation—2[ (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: 1. Subs. by Act 58 of 1981, s. 6, for “such rooms” (w.e.f. 26-1-1982). 2. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982). 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 deceased worker who, immediately before his death, was residing in the plantation.] 16. Power to make rules relating to housing.—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. Liability of employer in respect of accidents resulting from collapse of houses provided by him.—(2[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 solely and directly attributable to a fault on the part of any 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 (8 of 1923), as in force for 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 Commissioner 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 dependant of the deceased or by any agent duly authorised by such dependant or, if such dependant is a minor, by his guardian. 1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960). 2. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982). (2) Every application under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed. (3) No 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 “dependant” has the meaning assigned to it in clause (d) of section 2 of the Workmen's Compensation Act, 1923 (8 of 1923). 16D. Procedure and powers of Commissioner.—(1) On receipt of an application under section 16C, the Commissioner 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 (5 of 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 of 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 or 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 or 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 if 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 decision of the High Court in cases in which an appeal is preferred under sub-section (2), the decision of the Commissioner under sub-section (1) shall be final and shall not be called in question in any court. 16F. Saving 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 than 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 sections 16A 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 of 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.] 17. Other facilities.—The State Government may make rules requiring that in every plantation the employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other like amenities for the protection of workers from rain or cold as may be prescribed. 18. Welfare officers.—(1) In every plantation wherein three hundred or more workers are ordinarily employed the employer shall employ 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). STATE AMENDMENT Kerala Amendment of Section 18.—In Section 18 of the Plantation Labour Act, 1951 (Central Act 69 of 1951) (hereinafter referred to as the principal Act), after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) If in any plantation, welfare officers are not employed as required by the rules made under sub-section (1), the chief inspector may appoint the required number of welfare officers and thereupon such officers shall be deemed to have been employed by the employee under sub-section (1): Provided that before appointing welfare officers under this sub-section the employer shall be given an opportunity of being heard.” 1[CHAPTER IVA Provisions as to safety 18A. Safety.—(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 transp
[2nd November, 1951.] [Vide Kerala Act 1 of 1999, s. 2.] [Vide Assam Act 1 of 2018, s. 2.] [Vide Kerala Act 25 of 1969, s. 2.] [Vide Kerala Act 25 of 1969, s. 3]
————— ARRANGEMENT OF SECTIONS ————— CHAPTER I P RELIMINARY 1. Short title, extent, commencement and application. 2. Definitions. 3. Reference to time of day. CHAPTER IA Registration of plantations 3A. Appointment of registering officers. 3B. Registration of plantations. 3C. Appeals against orders of registering officer. 3D. Power to make rules. 4. Chief inspector and inspectors. 5. Powers and functions of inspectors. CHAPTER II Inspecting staff 6. Facilities to be afforded to inspectors. 7. Certifying surgeons. CHAPTER III 8. Drinking water. 9. Conservancy. 10. Medical facilities. 11. Canteens. 12. Creches. 13. Recreational facilities. Provisions as to health CHAPTER IV W ELFARE