THE TAMIL NADU PLANTATIONS LABOUR RULES, 1955 ARRANGEMENT OF PARAGRAPHS
CHAPTER I PRELIMINARY PARAGRAPH
1. Short title, extent and commencement
2. Definitions
CHAPTER I-A REGISTRATION OF PLANTATIONS
2A. Manner of making application for registration of plantations 2-B. Issue of Certificate of registration 2-C. Validity of certificate of registration 2-D. Amendment of certificate of registration 2-E. Appeals and procedure
2F. Powers of the appellate authority 2-G. Payment of fees
CHAPTER II THE INSPECTING STAFF
3. Powers and functions of Inspectors
4. Procedure in issuing orders
5. Duties of certifying surgeons
6. Civil Surgeon to be the appellate authority in a certain case
CHAPTER III HEALTH
7. Drinking water
8. Source of supply
9. Storage of water
10. Cleanliness of well or reservoir
11. Report from the Health Officer
12. Latrine accommodation]
13. Latrines to conform to public Health requirements
14. Privacy of latrines
15. Sign Boards to be displayed
16. Water taps in latrines
17. Urinal accommodation
18. Urinals to conform to public health requirements
19. Construction and maintenance of drains. MEDICAL FACILITIES
20. Type of Hospitals
21. Garden Hospitals
22. Group Hospitals
23. Equipment and drugs
24. Medical records
25. Standard of medical facilities
26. Submission of scheme for the provision of medical facilities and progress reports
27. Failure to provide and maintain medical facilities as required in these rules
28. Recovery of sum due under rule 27
CHAPTER IV WELFARE
29. Canteens
30. Price to be charged
31. Creches
32. Wash room
33. Supply of milk and refreshment
34. Supply of clothes, soaps and oils
35. Recreational facilities
36.
37. Educational facilities for worker‘s children
38.
39.
40.
41.
42.
43. Housing accommodation for workers
44. Standard and specification of housing accommodation
45. Sites for housing accommodation
46. Housing scheme
47. Construction of houses in accordance with Scheme and submission of half-yearly progress report in relation thereto.
48. Maintenance of houses
49. Accommodation to be rent free
50. Occupation of houses
51. Occupation of accommodation after termination of employment
52. Facilities for harvesting standing crops on termination of employment ADVISORY BOARD
53. Constitution of Advisory Board
54. Composition of Advisory Board 54-A. Nomination of a substitute during the absence of a member
55. Term of office of members
56. Travelling allowances for members
57. Resignation
58. Vacation of office PROCEDURE RELATING TO MEETINGS
59. Disposal of business
60. Time and place of meetings
61. Notice of meetings
62. Presiding of meetings
63. Quorum
64. Decision by majority
65. Minutes of meetings
66. Powers and functions of the Advisory Board
67. Removal of difficulties
68. Facilities for protection from weather
CHAPTER IV-A WELFARE OFFICERS 68-A. Welfare officers 68-B. Qualifications 68-C. Recruitment of Welfare Officers 68-D. Conditions of Service of Welfare Officer 68-E. Duties of Welfare Officer 68-F. Welfare Officers not to deal with disciplinary cases against workers or appear on behalf of the management against workers.
CHAPTER V HOURS AND LIMITATION OF EMPLOYMENT
69. Weekly holidays
70. Notice of period of work
CHAPTER V-A LEAVE WITH WAGES 70-A. Payment of leave wages if the worker dies
CHAPTER VI SICKNESS
71. Payment of sickness allowance 71-A. 72 – 80 omitted G.O. Ms. No. 66, dated the 10.04.2015
CHAPTER VI-A. ACCIDENTS 80-A. Application of Wokmen‘s Compensation Act, 1923 80-B. 80-C. Register of accidents
CHAPTER VII MISCELLANEOUS
81. Appeals
82. Registers 82-A. Maintenance and production of registers, records and notices for inspection
83. Returns
84. Notice of occupation
CHAPTER VIII 85 – 90 Renumbered (IV-A) Vide G.O. Ms.No. 169, dated the 22.11.2018
CHAPTER IX PROVISIONS AS TO SAFETY
91.Transport and storage of insecticides within the plantation
92. Restriction on employment of women and adolescent worker in handling insecticides, chemicals and toxic substances
93. Appointment and qualification of Supervisors
94. Training
95. Medical examination to the workers
96. Maintenance of health record
97. Washing, bathing and cloak room facilities
98. List of insecticides, chemicals and toxic substances.—
99. Precautionary notices.— THE TAMILNADU PLANTATIONS LABOUR RULES, 1955
CHAPTER I PRELIMINARY
1. Short title, extent and commencement.- (1) These rules may be cited as the Tamil Nadu Plantations Labour Rules, 1955. 1[(2) These rules shall extend to the whole of the state of Tamil Nadu including the Kanyakumari district and the Shencottahtaluk of the Tirunelveli District and the territories specified in the second schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959)] 2[(3) These rules shall come into force –
(i) in respect of all tea, coffee, rubber and cinchona plantations, at once ;and
(ii) in respect of any other class of plantations to which the Act is applied by the Government of Tamil Nadu by notification in the Official Gazette under sub – section (4) of section 1, on the date of the publication of such notification.] 3[2. Definitions.-In these rules, unless there is anything repugnant in the subject or context – a) ―Act means the Plantations Labour Act, 1951; b) ―Commissioner‖ means the Commissioner for Workmen‘s Compensation appointed under section 20 of the Workmen‘s Compensation Act, 1923 (Central Act VIII of 1923) or appointed as Commissioner under section 16B of the Act; c) ―Form‖ means a form appended to these rules; d) ―Health Officer‖ means the Municipal Health Officer or such other official as may be appointed by the State Government in that behalf; e) ―Inspector‖ means an officer appointed under section 4 of the Act and includes the Chief Inspector; f) ―maintained‖ means maintained in an efficient state in efficient working order in good repair; g) ―public health authority‖ means the local Health Officer having jurisdiction over the area; h) Registering Officer‖ means registering officer appointed under sub-section
(a) of section 3A of the Act; i) ―Section‖ means a section of the Act and 1 Amended in G.O. Ms. No. 2931, Labour and Co- operation (Labour) dated the 5 th June 1962. 2 Amended in G.O. Ms. No. 845, Labour and Employment, dated the 23 rd May 1979. 3 Subs by G.O. Ms. No. 1315, Labour,dated the 26 th June 1987. j) all other words and expressions used herein and not defined shall have the meaning respectively assigned to them under the Act.] 1[CHAPTER I – A] REGISTRATION OF PLANTATIONS
2A. Manner of making application for registration of plantations:-
(1)The application referred to in sub – section (1) of section 3-B shall be made in duplicate in Form No. I-A to the registering officer accompanied by the treasury challan receipt in proof of the fee paid for the certificate of registration.
(2) The fees to be paid for the issue of certificate of registration of a plantation shall be as specified in Table below:- 2[THE TABLE Serial Number Area of Plantations Rate of Fees (in Rupees)
(1) (2) (3)
1. Below 10 hectares 3[1000
2. 10 hectares and above but not exceeding 25 hectares 1500
3. Exceeding 25 hectares but not exceeding 50 hectares 2000
4. Exceeding 50 hectares but not exceeding 75 hectares 2500
5. Exceeding 75 hectares but not exceeding 100 hectares 3000
6. Exceeding 100 hectares but not exceeding 150 hectares 6000
7. Exceeding 150 hectares 10000]
(3) The certificate of registration issued to plantation by the registering officer shall be exhibited in a conspicuous place in the office of the plantation within a week from the date of its receipt from the registering officer. Copies of the certificate of registration shall also be exhibited in a conspicuous place in the offices of all the divisions of the plantations and in the headquarters. 2-B.Issue of Certificate of registration.- (1) The registering officer shall issue the certificate of registration in form no. 1-B in duplicate, one to be issued to the employer and the other to serve as counterfoil. In the case of plantations having units outside their headquarters, copies of the said certificate shall also be sent by him simultaneously to the registering officer having jurisdiction over each of the units specified in the certificate of registration. 1 Chapter 1-A ins. by G.O. Ms. No. 1315, Labour, dated the 26 th June, 1987. 2 Subs. by G.O. Ms. No. 229, Labour and Employment (12), dated the 31 st July, 2004 (deemed to have into force w.e.f. 29 th September, 2004. 3 Amended in G.O. Ms. No. 28, Labour and Employment (K2) Department, dated the 22 nd February 2018.
(2) An application for the issue of certificate of registration not in accordance with the provisions of the Act or rules made thereunder governing the certificate of registration shall be rejected.
(3) There shall be maintained a register called the register of Plantations in Form No. 1-C. 2-C. Validity of certificate of registration.-Every certificate of registration shall remain in force until it is cancelled by the registering officer under sub – section (6) of section 3 – B. 2-D. Amendment of certificate of registration.-(1) The certificate of registration issued under sub – rule (3) of rule 2 – A may, for good and sufficient reasons be amended by the registering officer concerned.
(2) The application for the amendment of certificate of registration shall be accompanied by –
(i) A statement indicating the nature of amendment required;
(ii)A statement showing the change in particulars already furnished in the application for registration which necessitate the amendment;
(iii) A treasury challan receipt in support of payment of fee for the amendment of the certificate of registration;
(iv) The original certificate of registration; and
(v) Form No. 1 – D duly filled in where application is for transfer of certificate of registration.
(3) The fee for the amendment of certificate of registration shall be 1[Rs. 1000/- (Rupees one thousand only)] and where there is change of category of plantation the balance of fees payable if any for that category shall also be paid in addition to the said amount. In the case of transfer of certificate of registration the fee shall be 1[Rs.1000/- (Rupees one thousand only)] If the registration officer approves of the transfer he shall enter upon the certificate of registration under his signature an endorsement to the effect that the certificate of registration has been transferred to person named thereon. 2[(4) The intimation referred to in sub-section (5) of section 3-Bshall be sent to the registering officer in Form-1 DD
(5) Where a certificate of registration issued under sub-rule (1) of rule 2-B has been lost, defaced or accidentally destroyed, a duplicate certificate of registration may be granted on payment of fee of 1[Rs. 1000/- (Rupees one thousand only)] on an application made by the employer. The registering officer shall write the words ―Duplicate Certificate‖ on the face of the certificate in red ink.] 1Amended in G.O. Ms. No. 28, Labour and Employment (K2), Department, dated the 22nd February 2018. 2Added by G.O. Ms. No. 5, Labour and Employment, dated the 21stJanuary, 2014. 2-E. Appeals and procedure.--( 1 ) Every appeal under sub-section(1) of section 3-C of the Act shall be preferred to the Chief Inspectorof plantations who shall be the appellate authority, in the form of a memorandum setting forth concisely the grounds of appeal and signed by the appellantor his authorised agent and shall be presented to the appellate authority inperson or sent to him by registered post.
(2)The memorandum of appeal shall be accompanied by a certified, copy of the order appealed against and a treasury challan receipt for1[Rs. 100/- (Rupees one hundred only)] in proof of the fee paid for the appeal.
(3)Where the memorandum of appeal does not comply with the provisions of sub-rule (1) it may be rejected or returned to the appellantfor the purpose of being amended within a time to be fixed by the appellate authority.
(4)Where the appellate authority rejects the memorandum of appeal under sub-rule (3) he shall record the reason for such rejection andcommunicate the order to the appellant.
(5)Where the memorandum of appeal is in order the appellate authority shall admit the appeal, endorse thereon the date of presentationand shall register the appeal in a book to be kept for the purpose, called the register of appeals in Form No. 1-E
(6)Where the appeal has been admitted the apellate authority shall send the notice of the appeal to the registering officer whose order is appealed against and the registering officer shall send the complete records of the case to the appellate authority.
(7)On receipt of the records, the appellate authority shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal.
(8)If on the date fixed for hearing. the appellant or his authorised agent does not appear, the appellate authority may dismiss the appealex-parte.
(9) An order passed under sub-rule (8) may be set aside andappeal reheard if the appellant shows a good and sufficient cause to the satisfaction of the appellate authority within one month of thedate of the said order and the appeal may be heard, after giving noticeto the party of the date fixed for such hearing.
2F. Powers of the appellate authority:- (1) If the appellantor his authorised agent is present when the appeal is called on forthe hearing, the appellate authority shall proceed to hear the appellant or his authorised agent and any other personsummoned by him forthis purpose and after considering all the facts and circumstances eitherconfirm, reverse or vary the order appealed against.
(2) The order of the appellate authority shall state the pointsfor determination, the decisions taken thereon and the reasons for thedecisions. 1 Subs ibid
(3) The order of the appellate authority shall be communicated to the appellant and a copy of it shall be sent to the registering officer whose order has been appealed against. Copies of orders ofthe appellate authority may be obtained on specifying the date andother particulars in full of the order or orders required.] 1[2-G. Payment of fees.-- All fees payable under these rules shall be paid into the Local Government Treasury under the head of account: ‗023000 Labour and Employment - 101.Receipts under Labour Laws – AG.Receipts under Tamil Nadu Plantations Labour Rules, 1955 (DPC 023000 101 AG 0004)'.]
CHAPTER II THE INSPECTING STAFF
3. Powers and functions of Inspectors.- An Inspector shallfor the purpose of Rules prescribed under section 5 giving effect to the provisions of the act, have power to do all or any of the following things, that is to say--
(i) to photograph any non-adult worker; to inspect, examine,measure, copy, photograph, sketch or test, as the case may be, anyhouse, building or room, register or document maintained under theAct or anything provided for the purpose of securing the health orwelfare of the workers employed in a plantation;
(ii) to prosecute, conduct or defend before a court any complaint or other proceeding arising under the act;
(iii) to require an employer to supply or send any return or information relating to the provisions of the act,
(iv) to satisfy himself at each inspection that –
(a) the provisions of the act and the rules regarding the health and the welfare of workers employed in the plantation are observed.
(b)the adolescents and children employed in the plantation have been granted certificates of fitness and that no adolescent or child is employed who is obviously unfit.
(c) the prescribed registers are properly maintained.
(d) the periods of rest and holidays provided by the act are granted andthatthe limits of hours of work laid down therein are not exceeded.
(e) the notice of period of work required under section 23 of the act is dultaffixed. 1 Added by G.O. Ms. No. 1882, Labour and Employment, 27th October, 1989
(f) leave with wages and sickness and maternity benefits are granted in accordance with the provisions of the act and the rules;
(v) to note how far the defects pointed out at previous inspections have been removed and how far orders previously issued have been complied with ; and
(vi) to point out all such defects or irregularities as he may have observed and to give orders for their removal and to record and furnish to the employer a summary of the defects or irregularities and of his orders.
4. Procedure in issuing orders.—Every order passed under the Act and the rules shall be served on the employer.
(a) by delivering a copy of it to him personally or at his office, or
(b) by registered post.
5. Duties of certifying surgeons.— (1) For purpose of the examination and Rules prescribed under section 7 certification of young persons who wish to obtain certificate of fitness for work, the certifying Surgeon shall fix a suitable time and place in consultation with the employer for the attendance of suchpersons 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 containingcertificates in Form No. 1 respectively in foil and counterfoil. In each book, the form shall be numbered consecutively and shall be printed on cloth backed or other durable paper. The foil and counter foil shall be filled in and either the signature or the left thumb mark of the person in whose 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 Certifying Surgeon shall sign the foil and initial the counterfoil and shall deliver the foil to him. The foil so delivered shall be the certificate of fitness granted under section 27. All counterfoils in a book shall be preserved by the Certifying Surgeon for a period of atleast two years after the therein issue of the last certificate in that book.
(3) A person who loses a certificate of fitness which has been granted to him may apply to the Certifying Surgeon who granted it for a copy of the certificate and the said Surgeon after making such s enquiry from the employer of such person (or if such person is un employed, from his last employer) and from such other sources, as he deems fit, may grant a duplicate of the lost certificate. The "Duplicate‖shall be clearly written in red ink across such duplicate certificate and initialled by the CetifyingSurgeon. The counterfoil in the bound book of forms shall be similarly marked "Duplicate‖ and initialled. For every copy of a duplicate certificate granted, a fee of fifty paise shall be charged from the person concerned which shall be credited to Government. The Certifying Surgeon shall maintain a register in Form No 2 of all fees paid for the issue of duplicate certificates and shall initial each entry therein. Noduplicate of a certificate shall be granted to any person otherwise than in accordance with the provisions of thissub-rule.
(4)The Certifying Surgeon at his periodical visit shall satisfy himself as to the fitness of all1[the adolescents employed]in theplantation and shall revoke the certificate of fitness of any whom he deems to be unfit.
(5)The Certifying Surgeon shall hand over to the employer and chief inspector a note in Form No. 3 detailing the result of each visit to the plantation.
(6)The Certifying Surgeon shall, upon request by the Chief inspector carry out such examination as he may indicate for any plantation or class of plantations wher young persons are, or are to be, employed in any work which is likely to cause injury to their health.
(7) The employer shall provide for the purpose of any medical examination which the certifying Surgeon wishes to conduct at the plantation (for his exclusive use on such occasion) a room which shall be properly cleaned and adequately ventilated and furnished with a screen, a table (with writing materials) and chairs.
6. Civil Surgeon to be the appellate authority in a certain case.— 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 the plantation is situated.
CHAPTER III HEALTH
7. Drinking water.—An adequate supply of wholesome drinking water shall be Rules prescribed under section 8 available in every plantation at worksites or at a place or places to be approved by the inspector, at all times, during working hours.
8. Source of Supply.—The water provided for drinking shall be supplied—
(a) from the tabs connected with a public water supply system, or
(b) from any other source approved by the Chief Inspector of Plantations.
9. Storage of water.--If drinking water is not supplied from taps connected with a public water supply system, it shall be kept in suitable vessels and renewed atleast daily. All practicable steps shall be taken to preserve the water and vessels from contamination and to keep the vessels scrupulously clean. 1Amended in G.O. Ms. No. 77, Labour and Employment, (K2) Department, dated the15th May 2015.
10. Cleanliness of well or reservoir.— (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 our shall be recorded:
Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated before it is supplied for consumption. 1[11. Report from the Health Officer.—The inspector may, by an order in writing direct the employer to obtain such time or at such intervals, (i.e., once in six months) as he may direct, a report either from the Health officer or the Certifying Surgeon or from the Tamil Nadu Water Supply and Drainage Board Testing Laborataries as to the fitness for human consumption of the water supplied to workers, and in every case to submit to the Inspector a copy of such report as soon as it is received.
12.Latrine accommodation.-2[(a) Latrine accommodation shall be provided Rules prescribed under section 9 in every plantation on the scale of one latrine for every fifty hectares of the area under cultivation or part thereof in addition to the latrine provided to the houses of workers:
Provided that there shall be atleast one latrine for either sex.]
(b) The latrines shall be convieniently situated and shall have exclusive access for either sex.
13. Latrines to conform to public health requirements.— The latrines should conform to public health requirements and latrines other than those connected with an efficient water-bone sewage system, shall comply with the requirements of the public health authorities.
14. Privacy of latrines. – Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings.
15. Sign boards to be displayed.— 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 of a woman as the case may be. 1 Subs.by G.O. Ms. No. 172, Labour and Employment, dated the 6th December, 2006 (deemed to have come into force from 21 st February, 2007.) 2 Subs.by G.O. Ms. No. 1674, Labour and Employment, dated the 29th July, 1981.
16. Water tabs in latrines.— (a) Where piped water supply is available, a 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 latrine.
17. Urinal accommodation.— Urinal accommodation shall be provided on the scale of one urinal for every * twenty hectares of the area under cultivation or part thereof. The urinals shall be conveniently situated for both males and females and shall have exclusive access for either sex.
18. Urinals to conform to public health requirements.--- Urinals should conform to public health requirements. Urinals other than those connected with an efficient water- borne sewage system shall comply with the requirements of the Public Health authorities.
19. Construction and maintenance of drains.— All drains carrying waste or sullage water shall be constructed in masonry of 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 the Health Officer. MEDICAL FACILITIES
20. Type of Hospitals.—There shall be two types of hospitals in plantations, Rules prescribed under section 10 namely, garden hospitals and group hospitals:--
(1) Garden hospitals will deal with out-patients, in-patients not requiring any elaborate diagnosis and treatment, infectious cases, midwifery, simple pre-natal and post-natal care, care of infants and children and periodical inspection of workers.
(2) Group hospitals shall be capable of dealing efficiently with all types of cases normally encountered but will not be used for routine treatment. Admission to group hospitals except in emergency shall be only on the recommendation of a garden hospital doctor.
21. Garden Hospitals.--1[(1) Every employer of plantations specified in column
(1) of the table below shall provide the medical facilities specified in corresponding entries in column (2) thereof : *Amended in G.O. Ms. No. 6606, Industries, Labour and Co- operation, dated the 20 th November, 1961. 1 Subs. by G.O. Ms. No. 244, Labour, 21 st February, 1970. THE TABLE Class of plantations Nature of medical facilities to be provided
(1) (2)
1. Plantations which employ 1,000 or more workers. Own garden hospital
2. plantations employing more than 200 workers but less than 1,000 workers. Combined garden hospital and own dispensary.
3. Plantations employing 200 or less workers Dispensary either individually or in groups with necessary equipments and arrangements for visiting doctors] 1[The employers shall ensure that the doctor visits the dispensary at least thrice a week.]
(2) Each garden hospital shall be under a qualified medical practitioner assisted by at least one trained nurse, one trained maternity assistant, a qualified 2[pharmacist), one man and one woman nursing Orderly, one toti and one sweeper. The services of the staff shall be readily available during all hours :
Provided that in the case of doctors, nurses, maternity assistants and 2[pharmacists) employed in plantation at the commencement of these rules, the Chief Inspector of Plantations may in consultation with the Director of Medical Services grant exemption from possessing the qualifications prescribed for them.
(3) Medical and auxiliary personnel shall be appointed according to the following scale 3[One qualified medical practitioner for every 1750 workers or part thereof. 4[Nurse/number of workers not less than 1/1750.] Maternity assistants / number of workers not less than 1/1750. 2[Pharmacist]/number of workers not less than 1/1750. Men nursing orderly / number of workers not less than 1/1750. Women nursing orderly / number of workers not less than 1/1750. Toti / number of workers not less than 1/1750. Sweeper / number of workers not less than 1/1750. 1 Amended by G.O. Ms. No. 1178, Labour and Employment dated the 24 th July, 1979. 2 Amended in G.O. Ms. No. 5489, Industries, Labour and Co- operation (Labour) dated the 30 th November 1960. 3 Subs by G.O. Ms. No. 408, Labour and Employment, dated the 12 th June 1973. 4 Ins. Vide by G.O. Ms. No. 515, Industries, Labour and Co-operation dated 28 th January, 1961. 1[Provided that where the number of workers does not exceed 2,000, no additional practitioner need be appointed:
Provided further that where the number of women workers employed in any plantation is not less than 750, a woman medical practitioner also shall be appointed.]
(4) (a) A minimum of 15 beds shall be provided in every garden hospital per 1,000 workers served and each bed shall be allowed at least 2[Six square metres] of floor space.
(b) Every hospital shall be of sound permanent construction with impermeable washable walls to a height of at least 2[1.5 metres] on the inside with proper water – supply and efficient sanitary arrangements.
(c) Every hospital shall have pure piped water supply and the wards consulting room, operation theatre and dispensary shall each have a water point over a suitable glazed sing.
(d) The following departments shall be provided:-
(i) General Ward for males.
(ii)General Ward for females.
(iii) Maternity with separate labour room.
(iv) Family planningcentre.
(v) Infectious ward with separate sanitary arrangements.
(vi) Out patient department (with sufficient waiting space for patients to wait under cover) preferably situated in a separate block from general wards.
(vii) Consulting room so arranged that patients can be examined in privacy.
(viii) Minor operation and dressing room.
(ix) Dispensary and drug store.
(x) General store.
(xi)Kitchen for cooking (fly proofed).
(e) In every hospital, transport facilities shall be provided for carrying patients to and from group hospitals.
22. Group hospitals.—(1) Group hospitals shall be established by the 1st July, 1957 : 3[Provided that the state Government, may subject to such conditions as may be deemed necessary, extend the time limit in respect of any plantation or class of plantations. 1 Subs. by G.O. Ms. No. 408, Labour and Employment, dated 12th June, 1973. 2 Subs. by G.O. Ms. No. 6606, Industries, Labour and Co-operation (Labour), dated the 20thnovember,
1961. 3 Amended in G.O. Ms. No. 1432, Industries, Labour and Co-operation, dated the 17th April, 1958.
(2) Plans for the establishment of group hospitals, containing details as regards 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 atleast three beds per 700 workers, every bed having 1[7.5 square metres] 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 plantation from providing a group hospital, if it is satisfied that adequate alternative arrangements exist for treatment of patients intended to be treated at a group hospital:
Provided further that no exemption shall be allowed without the previous approval of the central government.
(4)The hospital shall be built according to such specifications as may be approved by the state government.
(5) There shall be provision for piped supply of pure water, electricity, modern methods of sanitation and water flushed closets. Each ward, labour room, surgical dressing room, consulting room and dispensary, shall have a water point over a suitable glazed sink.
Provided that with the approval of the state government, suitable alternative arrangements may be made in regard to supply of pure water, electricity and other modern methods or sanitation;
(6) Each hospital shall have provision for— Operating theatre block, X-ray block, Physical Therapy block, Dental treatment block, Labour room, T.B. and V.D. clinics, Consulting and examination rooms, Clinical Laboratary fully equipped, Dispensary, Administrative and office block, Kitchen and Laundry blocks, Lavatories and bath-rooms, Stores, Mortuary and post – mortem room. 1 Amended in G.O.Ms. No. 6606, Industries, Labour and Co-operation, dated the 20thnovember, 1961. Out-patient block which should preferably be at some little distance from the wards. Separate wards shall be provided for males, females, maternity cases and small isolated wards for infectious diseases:
Provided that X-ray and physical Therapy blocks may not be provided if satisfactory arrangements are made by employers to provide these facilities with some hospital approved by the Chief Inspector.
(7) (a) Every group hospital shall have such medical and other staff as may be specified by the state government. All doctors in a group hospital shall be qualified medical practitioners.
(b) There shall be 15 nurses for a 100 bedded hospital of whom one shall be senior trained, 5 junior trained and 9 assistant nurses. Such classification may be made according to their qualifications and experience.
(8) A properly equipped ambulance shall be maintained every group hospital.
23. Equipment and drugs.— (a) Every dispensary / garden hospital and group hospital shall maintain such equipment and drugs, etc., as may be specified by the state government.
(b) The District Medical Officer concerned or 1[an Assistant Surgeon nominated by the District Medical officer or a Medical Officer appointed by the Labour Department] shall visit the dispensaries, garden hospitals and group hospitals at least once a year to see whether they are sufficiently equipped and stocked with drugs, and send a report to the management and to the Chief Inspector of Plantations.
24. Medical records.—The medical officer in charge of each dispensary, garden or group hospital shall –
(a) maintain such registers, books, accounts and a medical record in respect of every patient, as may be prescribed by the State Government for the purpose ; and
(b) comply with such regulations as may be made by the State Government in respect of medical stores.
25. Standard of medical facilities.—(a) Out-patients, treatment.— It shall include –
(i) detention for observation and treatment,
(ii) preventive treatment such as vaccination and inoculation,
(iii) free provision of all drugs including those needed for injections and dressings and appliances that may be considered necessary, 1 Subs. by G.O. Ms. No. 130, dated the 16th February, 1976.
(iv) ante – natal and post-natal advice,
(v) provision of certificates, free of cost in respect of maternity and sickness benefit claims under section 32 of the Act. 1[(b) In-patient‘s Treatment.—(i) The hospital treatment shall include maintenance, food and medicines including treatment at confinement as may be available at the hospital and the said facilities shall subject to the provisions of clause
(ii) be free of cost of workers 2[and their families] and shall be paid for by the plantations.] 2[(ii) Notwithstanding anything contained in clause(i), workers and their families admitted as in-patients in the hospital shall be entitled to the supply of free diet, only where any award, agreement or contract of service provides for the supply of free diet or where they were already enjoying the benefit of free diet under any custom, usage and past practice and such supply shall be in accordance with the terms of the said award, agreement, contract, custom, usage and last practice, but where there is no such award, agreement, contract, custom, usage and past practice the diet charges shall be paid for by the workers at such rate as the State Government may, from time to time, fix.] 3[(iii) Workers and members of their families undergoing treatment as in-patients in the Garden or Group hospitals in plantations shall be required during their period of stay in the hospitals to wear only the uniforms supplied by the Garden or Group hospitals free of cost.]
26. Submission of scheme for the provision of medical facilities and progress reports.—(1) Within six months of the promulgation of these rules every employer shall submit to the central as well as the State Government concerned a scheme for providing medical facilities according to the prescribed standards. The scheme shall show the various stages in and the date by which the required medical facilities are proposed to be provided. Medical facilities shall be provided according to the approved scheme.
(2) 4[***] 5[27. Failure to provide and maintain medical facilities as required in these rules.-If any employer does not provide and maintain medical facilities as required in these rules to the satisfaction of the Chief Inspector, 6[State Government upon request by the Chief Inspector] will cause to be provided and maintained these facilities in the nearest garden hospital or dispensary or in a Panchayat Union dispensary or other similar hospital or dispensary. 1 Amended in G.O. Ms. No. 543, Industries, Labour and Co-operation, dated 28th January, 1963. 2 Amended in G.O. Ms. No. 4436, Industries, Labour and Co-operation, dated 9th November, 1966. 3 Ins. by G.O. Ms. No. 9, dated 5th January, 1973. 4 Omitted as per G.O. Ms. No. 3785, Industries, Labour and Co-operation, dated 1st August, 1960. 5 Amended by G.O. Ms. No. 616, Industries, Labour and Housing, (Labour), dated 20th February, 1967. 6 Subs by G.O. Ms. No. 77, Labour and Employment, (K2) Department, dated the 15 th May 2015. The defaulting employer shall be liable to pay the cost of such medical facilities including charges, if any, in respect of –
(a) a medical officer‘s visit to the plantations for the purpose of attendance on any sick worker or workers and his or their families respectively;
(b) the maintenance of sick workers or a member of his family in a hospital / dispensary for each day‘s maintenance; and
(c) transport to and fro provided to the sick worker or a member of his family.]
28. Recovery of sum due under rule 27.— When any sum of money is due from any employer under rule 27, 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.
CHAPTER IV WELFARE
29. Canteens.—In or near every plantation where in 150 or more workers are Rules prescribed under section 11 ordinarily employed, the employer shall provide and maintain a canteen or canteens with facilities for sale of coffee, tea and snacks to workers.
30. Price to be charged.—(1) Coffee, tea 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.
31. Creches.—(1) In every plantation wherein fifty or more women workers are Rules prescribed under sub section (3) of Section 12 employed or were employed on any day of the proceeding twelve months, the employer shall provide and maintain a crèche or crèches for the use of their children who are below the age of six years according to the standards laid down in these rules.
(2) Every creche shall be conveniently accessible to the mothers of the children accommodated therein.
(3) There shall be not less than 1[1.5 square metres] of the floor area for each child to be accommodated in a crèche.
(4) The building in which the crèche is situated shall be of sound construction with a good plinth.
(5) The plan of the creche building shall be in accordance with the standard plan or plans laid down by the Chief Inspector : 1 Amended in G.O. Ms. No. 6606, Industries, Labour and Co-operation, dated 20 th November, 1961.
Provided that where no standard plan has been laid down or where it is proposed to deviate from a standard plan, the Chief Inspector‘s approval shall be obtained.
(6) The creche shall be furnished with suitable furniture and a cradle for each child below the age of two and provided with playing materials such as sliding chutes, see-saws, dummy horses, toys, etc.
(7) A suitable fenced and shady open air playground shall be provided for the older children.
(8) The employer shall appoint (i) a woman trained in the care of children and infants as crèche-in-charge to look after children during the absence of their mothers, and (ii) other staff on scale approved by the State Government.
32. Wash room.—(1) There shall be in or adjoining the crèche a suitable 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 crèche.
33. Supply of milk and refreshment.— At least 1[0.3 litres] of clean pure milk if possible, otherwise, powdered milk approved by the certifying surgeon shall be made available for each child on every day it is accommodated in the crèche and the mother of such child shall be allowed in the course of her daily work, two intervals of sufficient time to visit the crèche and feed the child. For children above two years of age, there shall be provided in addition an adequate supply of wholesome refreshment.
34. Supply of clothes, soaps and oils.—(1) The crèche staff shall be provided with suitable clean clothes for use while on duty in the creche. 2[(2) (a) Two sets of clothing once a year shall be made available for each child while it is in the creche. The clothing for boys will consist of a shirt and a half-trouser and for girls a blouse and a skirt or a frock or gown. Measurement should be taken and the clothingmustbe stitched accordinglyto suit every child in the creche. The cost of the cloth and stiching thereof including washing charges for washing the clothes once in a week shall be borne by the employer.
(b) One cake of soap weighing 100gms. and 100 ml. oil shall be made available for the use of each childper month while it is in the creche.] Rules prescribed 35. Recreational facilities.—Every under Section 13 employer shall provide and maintain --
(i) a recreation centre for workers with provision for indoor games suitable for adult and child workers; and
(ii) where adequate flat open space is available within a reasonable distance, a playgrounds for adult and child workers with necessary sports equipment for outdoor games; 1Amended by G.O. Ms. No. 6606, Industries, Labour and Co-operation, dated 20th November,
1961. 2subs by G.O. Ms. No. 276, Labour and Employment, dated 7thOctober, 1991. (w.e.f. 6th November, 1991).
Provided that subject to the provisions of rule 36, a group of employers may, with the approval of the Chief Inspector, provide and maintain joint recreation centres and playgrounds and share their expenses.
36. Every recreation centre to be provided and maintained under rule 35 shall be conveniently situated as near as possible to the workers‘ quarters.
37. Educational facilities for workers’ children.—Everyemployer shall, if the Rules prescribed under Section 14 number of workers‘ children between the ages of 6 and 12, in his plantation exceeds 25, provide and maintain a primary school or schools 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 upto the primary or higher standard, with enough seats to admit the children between the ages of six and twelve of the workers in his plantation and within a distance of 1.6 kilometres 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:
Provided further that subject to the provisions of sub – rule (1) of rule 38, a group of employers may jointly provide and maintain a primary school and share its expenses.
38. (1) Every school to be provided and maintained under rule 37 shall be conveniently situated and within a distance of 1.6 kilometres from the workers‘ quarters.
(2) The school building shall be constructed in accordance with the standard plan or plans which may be laid down by the State Government:
Provided that where there is no standard plan or where it is proposed to deviate from a standard plan, the State Government‘s approval of the plan of the school building shall be obtained.
(3) Where adequate space is available, an open air playground with suitable accessories shall also be provided for the children attending the school.
39. The employer or employers, as the case may be, shall provide for every primary school maintained under rule 37 such educational and other equipment as may be considered necessary by the State Government.
40. (1) The employer or employers concerned shall appoint one teacher for every forty children attending the primary school.
(2) The teacher shall possess the qualifications prescribed by the State Government for teachers in Government primary schools.
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 State Government may, subject to such conditions as it may specify, relax any of the qualifications.
41. The curriculum, duration, standard and syllabus of the course of instruction to be imparted in the primary school shall be such as may be approved by the State Government.
42. No fees shall be charged from the workers children attending the primary school.
43. Housing accommodation for workers.— Every employer shall provide Rules prescribed under Section 16 forevery 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 years provided that houses shall be built for atleast eight percent. of the resident workers every year.
44. Standard and specification of housing accommodation.—All housing accommodation for workers in a plantation shall conforms to such standards and specifications as may be approved by the State Government on the recommendation of the Advisory Board referred to in rule 53.
45. Sites for housing accommodation.—(1) The housing accommodation shall be provided on dry well-drained land which, consistent with the requirements regarding distance from the plantation, has supplies of wholesome drinking water within a reasonable distance. In malarial tracts, the house shall be provide at a safe distance from the swamps and marshes an above the highest flood level. 1[(2) Adequate electric lighting shall be provided by the employer in the houses provided for the workers and also in and around the area in which housing accommodation is provided.]
(3) The employer shall maintain in good condition the approach roads and parts to the area where houses are located as also the sewers and drains in that area.
(4) The employer shall not deny to the public free access to those parts of the plantation where the workers are housed.
(5) The employer shall cause the vicinity of all houses to be kept clear of refuse and excreta and the latrines and drains to be cleaned out daily and all refusein or near them to be collected, removed and disposed of hygienically.
46. Housing scheme.—Within three months from the date of intimation by Government of their approval of the Advisory Board‘s recommendations in the matter, every employer shall submit to the Chief Inspector of Plantations for approval a scheme in regard to the provisionby him of housing accommodation for workers. The scheme shall provide for the following matters.— 1 Subs. by G.O. Ms. No. 745, Labour and Employment, dated 7th August, 1976.
(1) Specification of the period during which housing accommodation is proposed to be provided in respect of all resident workers in a plantation, such period being not later than the period referred to in rule 43.
(2) The type design which is proposed to be adopted for the construction of houses, such design being in conformity with the standards and specification as may be approved by the State Government under rule 44.
(3) Plans and site plans in triplicate of the buildings to be constructed in accordance with the provisions of rule 43 or remodeled for use as workers‘ houses. 1[47. Construction of houses in accordance with Scheme and submission of half – yearly progress report in relation thereto.—All houses shall be built in accordance with the scheme approved in writing by the Chief Inspector of Plantations. Every employer shall submit to 2[Assistant Commissioner of Labour (Plantation) having jurisdiction over the area 3[and also to the Chief Inspector of Plantations], half – yearly progress report in Form No.4 on or before the 4[31st January and the 31st July] of each year.]
48. Maintenance of houses.— (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 defects 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 the 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, window and other wooden structure varnished or painted once in three years. A record of dates on which lime-washing or painting was carried out shall be maintained in a register in Form No. 5. 5[The extract of Form No. 5. shall be sent to the 2[Assistant Commissioner of Labour (Plantation) concerned on or before the 31st January of each year.]
49. Accommodation to be rent free.— No rent shall be charged by an employer for the housing accommodation provided to workers and their families residing in his plantation.
50. Occupation of houses.—6[(1) Houses shall be allotted on the basis of one house for a 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: 1 Amended by G.O. Ms. No. 4702, Industries, Labour and Co-operation (Labour), dated the 11 th October,
1960. 2 Amended vide G.O. Ms. No. 3, of Labour and Employment (E1) Dept. Dated the 8 th January 2018. 3 Ins. by G.O. Ms. No. 1126, Labour and Employment dated the 22 nd May, 1981. 4 Subs by G.O. Ms. No. 1238, dated the 18 th December, 1974. 5 Ins. by G.O. Ms. No. 1149, dated the 18 th November, 1974. 6 Subs. by G.O. Ms. No. 1334, Labour and Employment, dated the 7 th November, 1972.
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 said house or any other standard house shall be reallotted in the name of any other member of his family, who is a worker :
Provided also, that it shall be open to the employer to allot houses to workers not having families at the rate of one house for not more than four such workers.]
(2) The occupant of a house shall not make any unauthorised additions to or alterations in the house.
(3) The occupant shall not exchange the house with the occupant of another house except with the written permission of the employer.
(4) The occupant shall not let the house or any portion there of to any person.
(5) All workers and members of their families occupying the houses shall use the latrines provided and shall not pollute the soil and shall keep the houses and the precincts thereof clean and tidy and shall not waste drinking water.
(6) No cattle or goats shall be kept in the living rooms or verandahs and no windows or air spaces shall be blocked up.
(7) The employer shall bring to the notice of each worker to whom housing accommodation has been provided, the conditions governing the occupation of such accommodation, in writing, in a language which the latter can understand. 1[51. Occupation of accommodation after termination of employment.—(1) When a worker dies in the service of the employer, or retires or goes on transfer, or resigns, or goes on leave or when his services are terminated, he or his family may retain the house upto the period as detailed below:--
(i) in the case of death, a period not exceeding three months, and in the case of transfer or termination of service, a period not exceeding two months ;
(ii) in the case of retirement, or resignation, a period not exceeding one month;
(iii) in the case of leave, for the period of leave; and
(iv) in the case where discharge or dismissal of a worker results in an industrial dispute, for so long as the same is not finally disposed of.
(2) If the employer makes an application to the presiding officer of the Labour Court having jurisdiction over the area and if the presiding officer of the Labour Court is satisfied that a worker or any member of his family refuses to vacate the house allotted to such workers, after the expiry of the period specified in sub-rule (1), the Labour Court may, notwithstanding anything contained in any other law for the time being in force, by notice, served – 1 Subs. by G.O. Ms. No. 529, Labour and Employment dated the 11 th June, 1975.
(a) by post, or
(b) by affixing a copy of it on the outer door or some other conspicuous part of such house, or
(c) in such other manner as may be prescribed, require such worker or a member of his family or any other person who may be in occupation of the whole or any part of the house to vacate in within one month of the date of service of such notice.
(3) In the event of the failure of the worker or a member of the family or any other person who is in occupation of the house to comply with the notice under sub-rule (2), the presiding officer of the Labour Court may, by order, evict such worker, member of the family, or other person and take possession of the house and may, for that purpose, use such force as may be necessary :
Provided that before taking such possession, a copy of the order of eviction shall be served on the worker or a member of the family or any other person in occupation of the said house.]
52. Facilities for harvesting standing crops on termination of employment.-- In the case of termination of his employment, a worker shall where possible, be given facilities to harvest the standing crops in his garden plot. ADVISORY BOARD
53. Constitution of Advisory Board.—The State Government shall, by notification in the Official Gazette, constitute an Advisory Board for consultation in regard to matters connected with housing.
54. Composition of Advisory Board.—(1) The Advisory Board shall consist of— 1[(i) the Secretary to the State Government in the Department concerned or if so authorised by the State Government, the Additional Secretary or the Joint Secretary to such Department, who shall be the Chairman of the Board ;]
(ii) the Chief Inspector of Plantations, who shall be the Secretary of the Board; 2[(iii) four officials including the Commissioner of Labour to be nominated by the State Government ;] 3[(iv) four representatives each of the employers and workers nominated in consultation with the interest concerned.] 1 Subs. by G.O. Ms. No. 5836, Industries, Labour and Co-operation (Labour), dated the 16 th December,
1965. 2 Subs. by G.O. Ms. No. 407, Labour and Employment dated the 26 th February, 1982. 3 Amended by G.O. Ms. No. 3063, Industries, Labour and Co-operation (Labour), dated the 14 th March, 1960.
(2) No acts 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[54A. Nomination of a substitute during the absence of a member.—(1) If a member nominated under clause (iv) of sub-rule (1) of rule 54 is unable to attend any meeting of the Board, he may send a written instrument signed by him and addressed to the Chairman of the Board explaining the reasons for his inability to attend the meeting and appointing a substitute in his place to attend the meeting :
Provided that no such appointment shall be valid unless,--
(a) the instrument of appointment is presented to the Chairman before the commencement of the meeting and approved by him ; 2[(b) the substitute is an office – bearer or member of the executive body of the organization or officer of the organization represented by the members nominated under clause (iv) of sub – rule (1) of rule 54 ; and]
(c) the appointment of substitute is not made by the same member nominated under clause (iv) of sub-rule (1) of rule 54 more than twice consecutively.
(2) The substitute appointed under sub-rule (1) shall have all the rights and power of a regular member in relation to that meeting of the Board in respect of which he is appointed.
55. 3[Term of office of members.—(1) A nominated member shall unless he resigns his office or dies or ceases to hold office under sub-rule (1) of rule 58 hold office 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:
Provided that an outgoing member shall continue in office until the appointment of the successor is notified.
(2) A member appointed in a vacancy shall enter upon office forthwith, but shall hold office only so long as the member in whose place he is appointed would have been entitled to hold office if the vacancy had not occurred.
(3) The official member of the Board shall hold office during the pleasure of the State Government.
56.Travelling allowances for members.—Every non-official member shall be entitled to draw travelling and daily allowances at the ordinary rate as admissible to a Government servant of the first class for any journey performed by him for attending a meeting the Advisory Board.
57. Resignation.-- 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 accepted by the Chairman.
58. 3[vacation of office.—(1) A nominated member shall cease to hold office— 1 Ins. by G.O. Ms. No. 160, Labour and Employment, dated 23 rd January, 1982. 2 Subs. by G.O. Ms. No. 289, Labour, dated 3 rd February, 1984. 3 Amended by G.O. Ms. No. 2328, Industries, Labour and Co-operation (Labour), dated the 22 nd April, 1960.
(a) if he becomes insolvent, or ( (b) if he is convicted of an offence which in the opinion of the State Government involves moral turpitude, or
(c) if he is absent from three consecutive meetings of the Advisory Board without leave of absence from its Chairman, or 1[Provided that if the nominated member during the period his absence is represented by a substitute appointed under sub-rule(1) of rule 54-A in the meeting of the Advisory Board, then the period of absence of such nominated members shall not be treated as a period of absence for the purpose of this clause ;]
(d) if he, having been nominated in his capacityas an office-bearer or member of a labour union or an association of employers ceases to be such office-bearer or member, or
(e) If he is declared to be of unsound mind by a competent court.
(2) The State Government may appoint another person in the place of a member who has ceased to hold office under sub –rule (1). The person so appointed shall hold office only so long as the member in whose place he is appointed would have been entitled to hold office if the vacancy had not occurred. PROCEDURE RELATING TO MEETINGS
59.Disposal of business.—(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 members for their opinion :
Provided that the 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.
60. Time and place of meetings.—The Advisory Board shall meet at such time and place as may be appointed by the chairman.
61. Notice of meetings.—(1) Notice shall be given to every member of the 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 a 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. 1 Ins. by G.O. Ms. No. 160, Labour and Employment, dated 23 rd January, 1982.
62. Presiding at meetings.— The Chairman of the Advisory Board shall preside at every meeting of the Board at which he is present If the Chairman is absent from the meeting, the members person shall elect of the members to preside over the meeting and the member so elected shall at that meeting exercise all the powers of the Chariman.
63. Quorum.—No business shall be transacted at the meeting of the Advisory Board, whether ordinary or emergent, unless at least three members are present :
Provided that if at any meeting, less than three members are present, theChairman 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 thereupon dispose of the business at such adjourned meeting even if there is no quorum.
64. Decision by majority.-- (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 the 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 members for 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.
65. Minutes of meetings.—(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 the 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 the meeting.
66. Powers and functions of the Advisory Board.— (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 scrutinize 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-rules (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.
67. Removal of difficulties.-- If there is any difficulty in the working of rules 43 to 66, the State Government may issue such instructions as it may consider necessary to remove the difficulty.
68. Facilities for protection from weather.—1[(1) Every employer shall Rules prescribed under section 17 supply to every worker, free of cost, at specified interval or intervals, such materials, for protection from rain or cold as may be notified by the State Government. 2[(2) A Register showing the supply of materials referred to in sub-rule (1) shall be maintained in Form 24 (2).] 3[CHAPTER IV- A WELFARE OFFICERS
68.A. Welfare Officers.— The employer of every plantation, wherein three hundred or more workers are ordinarily employed, shall appoint atleast one welfare officer:
Provided that where the number of workers exceeds one thousand and five hundred one welfare officer to be designated as assistant welfare officer, shall be appointed for every one thousand and five hundred workers or a fraction thereof, if such fraction exceeds three hundred:
Provided further that in a plantation,---
(i) Where three hundred or more, but not more that one thousand and five hundred workers are employed and the majority of the workers are women, the Welfare Officer to be appointed shall be a woman:
(ii) Where the number of workers exceeds one thousand and five hundred, of whom more than three hundred but not more than one thousand and five hundred are women, the assistant welfare officer to be appointed under the first proviso shall be a woman; and
(iii) Where the number of women workers exceeds one thousand and five hundred,the assistant welfare officers to be appointed shall be a women at the rate of one assistant welfare officer for every one thousand and five hundred women workers or fraction thereof, if such fraction exceeds three hundred. 68-B.Qualifications. — (1) No person shall be eligible for appointment as welfare officer, unless he possesses any one of the following qualifications, namely;-
(a) A Master‘s degree in Labour Management (or)
(b) A Bachelors degree in Labour Management awarded by the Tamil Nadu Institute of Labour Studies, Chennai; or
(c) A Post graduate degree in Social Work, Social Science, Personnel Management, Labour Relations or Social Welfare with Labour Laws on Industrial Relations and Labour Welfare or Industrial Relations as a main subject of any University or Institution recognized by the University Grants Commission; or 1 Numbered as sub-rule (1) of rule 68 by G.O. Ms. No. 458, Labour and Employment dated the 22 nd March,
1990. 2 Added ibid. 3 Added by chapter IV - A ins by G.O. Ms. No. 169 Labour and Employment (k2) dated the 22 nd November
2018.
(d) A Post graduate Diploma in Social Work, Social Science, Personnel Management, Labour Relations or Social Welfare with Labour Laws on Industrial Relations and Labour Welfare or Industrial Relations as a main subject of any University or Institution recognized by the University Grants Commission
(e) A Post graduate diploma in Labour Administration awarded by the Tamil Nadu Institute of Labour Studies, Chennai; or
(f) A Post graduate diploma in Personnel Management, Industrial Relations and Labour Welfare awarded by the Productivity Councils in Tamil Nadu or any other Institutions recognized by the State Government for this purpose; or
(g) A Post graduate diploma in Labour Laws and Administrative Laws conducted by the Dr. Ambedkar Government Law College, Chennai; or
(h) A degree of any University or Institution recognized by the University Grants Commission and a Diploma in Labour Laws awarded by the Indian Law Institute, New Delhi; or
(i) A degree in Bachelor of Law awarded by any University recognized by, the University Grants Commission; and
(2) Adequate knowledge in Tamil language and the language spoken by the majority of the workers in the plantation to which he is to be attached: 68-C.Recruitment of Welfare Officers.— (1) Vacancies in the post of welfare officers shall be advertised in two daily newspapers having wide circulation in the State, one of which shall be in Tamil and the other in English:
Provided that the vacancies in the Government undertaking plantations and private plantations financially assisted by the Government shall be made by calling for names of eligible candidates from the employment exchange besides inviting applications by giving advertisement in two daily newspapers having wide circulation in the State, one of which shall be in Tamil and other in English.
(2) Selection for appointment to the post of welfare officer shall be made from among the candidates applying for the post by a committee appointed by the employer of the plantation.
(3) The appointment when made shall be notified by the employer to the State Government or Chief Inspector of plantations or Assistant Commissioner of Labour (Plantations) giving the details of the qualifications, age, pay, previous experience and other relevant particulars of the officer appointed and the terms and conditions of his service. 68-D.Conditions of Service of welfare officer.—(1) A Welfare Officer shall be given appropriate status corresponding to the status of a member of plantation Executive.
(2)The conditions of service of a welfare officer shall be the same as defined to a Member of plantation Executive;
Provided that in case of discharge or dismissal, the welfare officer / assistant welfare officer shall have a right of appeal to the Chief Inspector of Plantations whose decision thereon shall be final and binding upon the employer of the plantation. The appeal shall be preferred within thirty days from the date of receipt by the welfare officer of the order or discharge or dismissal.
(3) The scale of pay and the allowances of the Welfare Officer / assistant welfare officer and other conditions of service shall be as same as defined to a member of plantation Executive.
(4) No penalty shall be imposed upon a Welfare Officer by the management unless he has been first informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself. 68-E.Duties of welfare Officers.— The duties of the welfare officer shall be as follows, namely:–
(a) to establish contacts and hold consultations with a view to maintain harmonious relations between plantation management and the workers;
(b) to bring to the notice of the plantation management the grievances of workers, individual as well as collective with a view to securing their expeditious redress and to act as a liaison officer between the management and workers;
(c) to study and understand the point of view of workers in order to help the plantation management to shape and formulate workers policies and to interpret such policies to the workers in a language they can understand;
(d) to watch industrial relations with a view to using his influence in the event of a dispute between the plantation management and the workers and to help to bring about a settlement by persuasive effect;
(e) to advise on fulfillment by the management and the concerned departments of the plantation of obligations, statutory or otherwise, concerning regulation of working hours, maternity benefit, medical care, compensation of injuries and sickness and other welfare and social benefit measures;
(f) to advise and assist the management in the fulfillment of its obligations statutory or otherwise, concerning prevention of personal injuries and maintaining a safe work environment;
(g) to promote relations between the concerned departments of the plantation and workers which will bring about productive efficiency as well as amelioration in the working conditions and to help workers to adjust and adapt themselves to the working environment;
(h) to encourage the formation of works and Joint Production Committee, Cooperative Societies and Welfare Committees such as Works Committee, Sub-Committee and to supervise their work;
(i) to encourage provision of amenities such as canteens, shelters for rest, school, crèches, adequate latrine facilities, drinking water, medical facilities and superannuation benefits;
(j) to help the plantation management in regulating the grant of leave with wages and explain to the workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of application for grant of leave for regulating authorized absence;
(k) to advise on provision of welfare facilities, such as housing facilities, social and recreational facilities, sanitation, advice on individual personnel problems and education of children;
(l) to advise the plantation management on questions relating to training of new starters and supervisors, supervision and control of notice board and information bulletins to further education of workers and to encourage their attendance at technical institutes;
(m) to suggest measures which will serve to raise the standard of living of workers and in general promote their well being;
(n) to work for the improvement of educational facilities and to promote adoption of the family welfare measures amongst the workers; and
(o) to implement the scheme of eradication of illiteracy among the workers in coordination with the Education Department authorities or any other agencies as the case may be. 68-F.Welfare officers not to deal with disciplinary cases against workers or appear on behalf of the management against workers.— No welfare officer shall deal with any disciplinary case against a worker or workers or appear before a Conciliation Officer, Court or Tribunal on behalf of the management of the plantation against a worker or workers except when he is required by the Conciliation Officer, Court or Tribunal to appear as an independent witness;
Provided that nothing in this rule shall be deemed to prohibit a worker or workers from approaching the welfare officer in respect of a grievance arising out of any case of disciplinary action against him / them‖.
CHAPTER V HOURS AND LIMITATION OF EMPLOYMENT
69. Weekly holidays.—(1) Unless otherwise permitted by the State Rules prescribed under section 20 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, if so required by his employer, which is not a closed 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 the day of rest at the overtime rate prevailing in a particular area as fixed under the Minimum Wages Act, 1948, and where there is no such rate, at double the ordinary rate.
70. Notice of period of work.— (1) The notice prescribed in section 23 shall Rules prescribed under section 23 be in Form No. 6 1[and the employer shall send the notice in duplicate to the Inspector]. 1 Amended by G.O. Ms. No. 627, Industries, Labour and Co-operation (Labour), dated the 14 th February,
1959. 1[CHAPTER V-A] LEAVE WITH WAGES 70-A. Payment of leave wages if the worker dies.— If a worker dies before he resumes work, the balance of his pay due for the period of leave with wages, not availed of, shall be paid to his nominee, within one week of the receipt of the intimation of the death of the worker. For the purpose, each worker shall submit a nomination to the employer concerned in Form 5-A duly signed by him and attested by two witnesses. The nomination shall remain in force until it is cancelled or revised by means of another nomination.]
CHAPTER VI 2 SICKNESS
71. Payment of sickness allowance.— (1) Every worker shall be entitled to Rules prescribed under section 32 obtain sickness allowance from his employer for each day of certified sickness for a total period of fourteen days in a year at the rate of two-thirds of his daily wages 3[subject to a minimum of Re.1per day in the case of adult workers only (men and women) 4[and 80 paise per day in the case of child workers] or of the average daily earnings if he is employed on piece wages. 5[Explanation.—For the purpose of this sub-rule average daily earnings shall be calculated by dividing the total wages payable to a worker for the period of twelve working days immediately preceding the day of certified sickness, by the number of days he actually worked during that period. 6[***]
(2) Sickness allowance specified in sub – rule(1) shall be paid at the option of the worker either at the time of payment of weekly advances on account of wages or along with the first instalment of wages payable to the workers after he resumes his work on recovery from certified sickness.
(3) The certificate of sickness shall be issued in Form No. 7 (to be supplied by the employer free of cost) by the certifying surgeon or a resident medical officer appointed by the employer or any other qualified medical practitioner to every worker entitled to obtain sickness allowance on a requestbeing made by such worker in this behalf. Every employer shall pay to a worker sickness allowance due to him on 1 Ins. by G.O. Ms. No. 225, Labour and Employment, dated the 26th March, 1973. 2 In the heading, the words ―AND MATERNITY‖ Omitted vide G.O. Ms. No. 66, Labour and Employment, (K2) Department dated the 10th April, 2015. 3 Ins. by G.O. Ms. No. 3066, Department of Industries, Labour and Housing, dated 23 rd September, 1967. 4 Ins. by G.O. Ms. No. 994, Labour, dated 14 th July, 1970. 5 Ins. by G.O. Ms. No. 4421, Industries, Labour and Co-operation (Labour), dated 6 th July, 1961. 6 Proviso dated vide G.O. Ms. No. 425, dated the 19 th May, 1971. presentation of such certificate, in accordance with the provisions of sub-rule (2) above. If a worker has to pay any fee for obtaining the sickness certificate, the employer shall bear the cost.
(4) No sickness allowance shall be paid to a worker if he attends to work on any day for which he has been granted sickness allowance. 1[71-A. (1) Notwithstanding anything contained in sub-rule (1) of rule 71 where in any year, a worker does not avail of the entire leave allowed to him under sub-rule (1) of that rule, he shall be allowed 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 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 71 and sub-rule (1) of this rule, a worker may, in the event of certified sickness, prefix or suffix to such leave the balances of any of the annual leave with wages standing to his credit under section 30 of the Act :
Provided that leave under this sub-rule shall be allowed only in genuine cases of serious or chronic illness or for prolonged periods of convalescence on the basis of a certificate in Form No.7 from the Chief Medical Officer or Medical Officer of a Plantation, or from any Government Doctor not below the rank of an Assistant Surgeon.
(3) Sickness allowance at the rate laid down in rule 71 shall be payable for the days of leave availed of under sub-rule (1) of this rule.
Explanation.— For the purpose of this rule, leave means absence from work as certified sickness as referred to in sub-rule (1) of rule 71.] 2[*****] 3[CHAPTER VI-A ACCIDENTS 80-A. Application of Workmen’s Compensation Act, 1923.—The provisions of Workmen‘s Compensation Act, 1923 (Central Act VIII of 1923) and the rules made there under by the Government of Tamil Nadu shall apply mutatis mutandis to the proceedings before the Commissioner to the extent such provisions are consistent with the provisions of the Act and the rules made under it. 80-B. (1) When any accident occurs in a plantation, to a worker on duty, the employer of the plantation shall forthwith send notice by telephone, special messenger, or telegram to the Inspector or Chief Inspector:
Provided in respect of any accident which causes death to any person or is of such a serious nature that it is likely to prove fatal or to result in loss of limbs or permanent disablement, notice as aforesaid shall also be sent to— 1 Ins. by G.O. Ms. No. 994, Labour, 14 th July, 1970. 2 1In the rules 72,73,74,75,76,77,78,79 and 80 Omitted vide G.O. Ms. No. 66, Labour and Employment, (K2) Department dated the 10th April, 2015. 3 Chapter VI –A ins.by G.O.Ms.No.1315, Labour,dated the 26 th June,1987.
(a) the District Magistrate or sub-divisional officer;
(b) the officer in-charge of the police station having jurisdiction over the area; and
(c) next kin of the injured or deceased person.
(2) The notice so given under sub-rule (1) above in respect of an accident shall be confirmed by the employer by sending to the abovementioned authorities within 12 hours of the accident, a separate written report in respect of each person killed or injured in the prescribed Form No11-A.
(3) When any accident occurs in a plantation, to a worker on duty, which causes such bodily injury as prevents the person injured from working for a period of 48 hours, to the Inspector within 24 hours of the expiry of 48 hours after the occurrence of the accident, a separate report thereof in respect of each person injured, in the prescribed Form No.11- A;
Provided that it shall be open to the Chief Inspector of Plantations to accept a report in any other form if he is satisfied that the form contains all the particulars specified in Form No.11A aforesaid. 80-C. Register of accidents.—(1) The employer of every plantation shall maintain upto date and make available for inspection during all working hours of the plantation a register of accidents in Form No.11-B.
(2) Such a register shall be preserved for a period of not less than three years after the last entry in them]
CHAPTER VII MISCELLANEOUS
81.Appeals.— (1) An appeal against the orders of an Inspector Rules prescribed under sub –section
(2)(e) of section 43 shall lieto 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 objections 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 authorised 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 shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector or Chief Inspector, as the case may be, whose order is appealed against.
82. Registers.—(1) Every employer shall maintain— Rules prescribed under sub –section (2) (j) of section 43
(a) Registers of adult and non-adult workers in Form Nos.12 and 13 respectively;
(b) a Register in Form No.14 hereinafter called the Leave with Wages Register which shall be preserved for a period of three years after the last entry in it;
(c) 1[a muster –roll of all the workers employed in the plantation in Form No.14-A; and
(d) an overtime muster –roll in Form No.14-B:
Provided that the Chief Inspector is of the opinion that any muster – roll or register maintained by the employer gives the 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[(1A) In any register or record which an employer is required to maintain under these rules, the entries relating to any day shall be written up that very day for every day on which work is performed.]
(2) (a) Every employer shall provide a plantation worker with a book in Form No.15 (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 make necessary entries, and shall not keep it for more than a week at a time.
(b) If a worker loses his Leave Book, the employer shall provide him with another copy on 3[payment of six paise]
(3) Every employer shall maintain a bound Inspection Book and shall produce it when required by the Inspector or Certifying Surgeon. 4[(4) Maintenance and supply of Service Books/-- (a) Every employer shall issue a Service Book in Form 25 to every plantation worker immediately on the date of his entry into service and to every worker in service who has not been issued with a service book with all entries duly made therein. Every entry shall be attested by the full signature of the employer or any person authorised by him with date. This Service Book shall be the property of the worker and the employer shall not demand it except to make an entry and the employer shall not retain it with him for more than three days. While receiving the Service Book from the worker, the employer shall issue a receipt duly signed by him with date to the worker for having received the book. 1 Amended by G.O. Ms. No. 627, I.L.C. (Labour) dated the 14th February, 1959. 2 Ins by G.O.Ms.No.770,Labour and Employment, dated the 17th August, 1976. 3Subs for ―one anna‖ by G.O.Ms.No.70, Labour and Employment, dated the 27thJanuary.1973. 4Added by G.O.Ms.No.205.Labour and Employment, dated the 23rd September, 1992.
(b) Every employer shall maintain a register of service book in Form 26 which shall be preserved for a period of three years from the date of last entry made in it and shall be produced before the Inspector on demand by him.
(c) If a worker loses his service book the employer shall provide him with another copy thereof on payment of rupee one, within three days from the date of receipt of an application to the effect and shall have entries made in it from the Register of Service Book.] 1[82-A Maintenance and production of registers, records and notices for inspection.—The registers, records and notices prescribed under these rules shall be maintained or exhibited in the office of the Plantation and shall on demand be produced or caused to be produced for inspection by any inspector having jurisdiction during working hours of the plantation concerned.]
83.Returns.—(1) Every employer shall furnish to the Inspector and the Chief Inspector on or before the 2[31st January] of every year 3[a combined annual return in Form No.28].
(2)4[*****]
(3)Every employer shall furnish to the Inspector and the Chief Inspector by the 5[31stMarch and 30th September] every year a half-yearly progress report in duplicate in regard to the provision of medical facilities in Form No. 22. 6[84.Notice of occupation.—Every employer shall send to the Inspector and the Chief Inspector a notice in Form No,23, within one month of the commencement of the rule, and thereafter whenever there is a change in the employer of the plantation.] -------- 7[CHAPTER – VIII] 8[CHAPTER IX PROVISIONS AS TO SAFETY
91. Transport and storage of insecticides within the plantation.- (1) No insecticides, chemicals and toxic substances shall be transported or stored in such a way as to come into direct contact with food stuffs or animal feeds or drinking water.
(2) If any insecticides, chemicals and toxic substances are found to be leaked our in transport or storage, it shall be the responsibility of the employer to take such measures urgently to prevent poisoning and pollution of soil or water, if any. 1 Subs.by G.O.Ms.No.402, Labour and Employment, dated the 16 th March,1990. 2 subs.by G.O.Ms.No.1238, dated the 18rh December,1974 3 subs.by G.O.Ms.No.20, Labour and Employment, (k2) dated the 14th February, 2018. 4 Omitted by G.O.Ms.No.239, dated the 8 th December, 2016. 5 subs.by G.O.Ms.No.1280, dated the 17rh June,1981. 6 Added by G.O.Ms.No.627,Industries, Labour and Co-operation (Labour),dated the 14 th February, 1959. 7 Renumbered (IV A) vide G.O. Ms.No. 169, Labour and Employment (K2) Department, dated 22 nd November 2018. 8 Added by G.O.Ms.No.138, Labour and Employment (K2) Department,dated the 23 rd June, 2016.
(3) The packages containing insecticides, chemicals and toxic substances shall be stored in separate rooms or premises away from the rooms or premises used for storing such articles or shall be kept in separate almirahs under lock and key depending upon the quantity and nature of the insecticides.
(4) The rooms or premises meant for storing insecticides, chemical and toxic substances shall be well built, dry, well lit and ventilated with sufficient dimension.
92. Restriction on employment of women and adolescent worker in handling insecticides, chemicals and toxic substances.-- No women worker or adolescent worker shall be permitted to be engaged in handling or storage or transport of insecticides, chemicals and toxic substances.
93. Appointment and qualification of Supervisors.--The use, handling, storage and transportation of insecticides, chemicals and toxic substances shall be supervised by a competent person who should possess the following qualifications.—
(i) He shall be a graduate in Agriculture or in Science or he shall possess a Certificate Course on handling of chemicals and toxic substances conducted by the United Planters‘ Association of Southern India (UPASI).
(ii) He should be given training from a designated Training Instituted; and
(iii) He should also possess valid certificate from St. Johns Ambulance Institute for giving first aid treatment to workers.
94. Training.- (1) The persons involved in handling insecticides, chemicals, arid toxic substances shall be arranged for suitable training in observing safety precautions and handling safety equipments provided to them in the institutes notified by the State Government form time to time.
(2) All the workers who apply, handle, transport or come into contact with agrochemicals or other chemical substancesmust be trained in at least in the following subjects.—
(i) General occupational health;
(ii) Formulations, names , and the biocide action of the substances used in the case of pesticides;
(iii) Correct use of personal protective clothing and equipment;
(iv) Preventive measures and measures for reducing damage to health and the environment, caused by the chemical substances, equipment, techniques, signage, medical examination, etc.,
(v) Emergency procedures, first aid and medical attention for cases involving poisoning or undue contact with chemical substances;
(vi) Techniques for handling chemical substances and for the correct application of agro chemicals;
(vii) Secure handling and transportation of agro-chemicals for drivers; and
(viii) Other necessary training suitable for the plantation.
95. Medical examination to the workers.—(1) Every worker who is engaged in the work of handling, dealing, or spraying or mixing insecticides, chemical and toxic substances shall be medically examined initially at the time of employment and thereafter once in six months in Group Hospital or Garden Hospital or any other hospital notified in this regard.
(2) The medical examination and tests shall be registered in Form 27.
(3) Any person showing symptoms of poisoning shall be immediately examined and given proper treatment.
96. Maintenance of health record.—Every employer shall maintain health record of every worker such as bi-annual medical examination or any other examination when required shall be kept in plantation and every such worker shall have access to such record.
97. Washing, bathing and cloak room facilities.--Every employer shall provide washing, bathing and cloak room facilities to the workmen, who are employed in handling insecticides, chemicals and toxic substances.
(2) Protective clothing and equipment.—(a) Persons handling insecticides, chemicals and toxic substances during its operation, distribution, mixing, spraying shall be adequately protected with appropriate clothing.
(b) The protective clothing shall be made of materials which prevent or resist the penetration of any form of insecticide, chemical and toxic formulations. The materials shall also be washable so that the toxic elements may be removed after each use.
(c) A complete suit of protective clothing shall consists of the following dresses, namely.—
(i) Protective outer garment with hat.
(ii) Rubber gloves or such other protective gloves extending of way upto the fore arm made of materials impermeable to liquids.
(iii) Dust proof goggles.
(iv) Boots.
(v) Reusable cloth masks.
98. List of insecticides, chemicals and toxic substances.—Every employer shall display in plantationsthe list of insecticides, chemicals and toxic substances as notified by the Central Government, from time to time, under the insecticides Act, 1968 (Central Act 46 of 1968).
99.Precautionary notices.—Every employer in the plantations shall display the following precautionary notices at or near the place where the insecticides, chemicals and toxic substances are handled.—
(i) Use protective clothing‘s like overalls, gloves, rubber gum-boots and wide rimmed hats.
(ii) Do not wear clothes contaminated with insecticides and pesticides.
(iii) Clean the protective clothing by washing with soap and water.
(iv)Do not allow children, sick persons and pregnant women and nursing mothers to handle insecticides and pesticides.
(v) Do not eat, drink, smoke or chew while handling insecticides and pesticides
(vi) Never blowout clogged nozzles with mouth.
(vii)Do not use leaking sprayers. Avoid contamination of the skin, mouth and eyes.
(viii) Do not inhale the insecticides unattended in the fields.
(ix) Never spray insecticides and pesticides against the wind.
(x) Do not leave insecticides and pesticides unattended in the fields.
(xi) Do not allow humans and livestock to enter the insecticides and pesticides sprayed fields for a period of time, suggested by the manufacturers.
(xii) Do not wash insecticides and pesticides containers near a well or running stream.
(xiii) Keep clean water, soaps and towels ready for use.
(xiv) Wash hands and exposed skin thoroughly with soap and water before eating, drinking, smoking or, chewing and after work.
(xv) Keep the insecticides and pesticides locked in store room and out of reach of children and other unauthorized persons.
(xvi) Do not enter sprayed field. Follow the re-entry periods for all insecticides and pesticides including herbicides, suggested by the manufacturers.
(xvii) Keep insecticides and pesticides in their original, labeled containers.
(xviii) Do not decant insecticides and pesticides into unlabeled containers except for immediate use.
(xix) Dispose the containers safely after thoroughly emptying and washing. They may be buried in a place away from water source.
(xx) Never reuse the container for any other purposes if it is impossible to remove the traces of insecticides and pesticides from the containers. For Commissioner of Labour THE T.N.PLANTATIONS LABOUR RULES, 1955 FORM.NO.1 [Prescribed under sub-rule (2) of Rule 5] CERTIFICATE OF FITNESS Serial No Serial No
1. Date Date.
2. Name I Certify that I have personally examined (name) son/daughter of……..residing at……and that his/her age, as nearly as can be ascertained from my examination is………years and that he/she is fit for employment in plantation as an adolescent child.
3. Father’s name
4. Sex
5. Residence
6. Age certified
7. Physical fitness
8. Descriptive marks His/her description marks are:
9. Reason for
(i) Refusal of Certificate
(ii) Certificate being revoked Thumb-impression Thumb-impression. Initials of Certifying Surgeon. Certifying Surgeon Note:-- Exact details of cause of physical disability should be clearly stated. ………. THE T.N.PLANTATIONS LABOUR RULES, 1955 1 [FORM 1-A [Prescribed under sub-rule (1) of Rule 2-A] APPLICATION FOR THE REGISTRATION OF PLANTATION
1. Name of the Plantation
2. Nature of the Estate (Whether coffee,tea,rubber,cinchona, cardamom,etc.,) with hectarage of each division.
3. Maximum number of employees employed on any one day during the calendar year.
4. Full postal address and situation of the plantation
5. Name of the employer who has ultimate control over the affairs of the plantation. In case of a minor, the fact shall be clearly stated.
6. Full address to which communication relating to the plantation to be sent.
7. Full name and residential address of the person other than the employer who manages the plantation.
8. Amount of fee paid Rs. (Rupees ) (vide challan No. dated of the treasury) enclosed. Signature of the employer Date: Instruction: This form shall be completed in ink in Block letters or typed.] 1 Ins by G.O. Ms.No.1315, Labour , dated the 26 th June, 1987. THE T.N.PLANTATIONS LABOUR RULES, 1955 1 [FORM 1-B [Prescribed under sub-rule (1) of Rule 2-B] CERTIFICATE OF REGISTRATION Serial Number: Registration Number: Under sub - section (4) of section 3 - B of the Plantations Labour Act, 1951 (Central Act LXIX of 1951), it is hereby certified that the plantation known as ………………of Thiru / Tmt………………………(Name of the employer) employing not more than ……………………. workers in the year …………has been registered as required under sub-section (3) of section 3 –B of the said Act. The Certificate of Registration hereby issued shall be remain in force until it is cancelled under subsection (6) of section 3 –B of the said Act. Place: Date: Signature of the Registering Officer ___________________________________________________________________ Amendments Signature of the Registering Officer ____________________________________________________________________
(1) (2) ____________________________________________________________________
1. Amended to change the ownership
(i)
(ii)
(iii)
2. Amended to change the management
(i)
(ii)
(iii) 1 Subs by G.O.Ms.No.5,Labour and Employment, dated the 21 st January.2004 (deemed to have come into force w.e.f.18 th February,2004). THE T.N.PLANTATIONS LABOUR RULES, 1955 _______________________________________________________________________
(1) (2) _______________________________________________________________________
3. Amended to extend the area.
(i)
(ii)
(iii)
4. Amended to change the crop
(i)
(ii)
(iii)
5. Amended to change the name.
(i)
(ii)
(iii)
6. Amended to employ maximum number of workers.
(i)
(ii)
(iii)
7. Amended to change the number of staff.
(i)
(ii)
(iii) TRANSFERS Name of the person to whom the ownership of the plantation is transferred Name of the Plantation signature of the Registering Officer.
(1) (2) (3) THE T.N.PLANTATIONS LABOUR RULES, 1955 1 [ FORM 1-C [Prescribed under sub-rule (3) of Rule 2-B] REGISTER OF CERTIFICATE OF REGISTRATION ISSUED TO EMPLOYER
1. Serial Number.
2. Date of receipt of application by the Registering Officer.
3. Number and date of the previous Certificate of Registration.
4. Name of the Plantation.
5. Area of the Plantation including divisions.
6. Nature of crops proposed to be grown.
7. Name of the employer who has ultimate control over the plantation in whose name the Certificate of Registration is to be issued.
8. Address of the Plantation
9. Maximum number of employees employed.
10. Fees paid Rs. (Rupees) (videchallan No. date of the Treasury)
11. Number and date of Certificate of Registration issued.
12. Initials of the Registering Officer.
13. Amendments, if any to the Certificate of Registration
1.
2.
3.
4.
14. Transfer a) Date of transfer of Certificate of Registration.
(b) Name of the person to whom the certificate of Registration is transferred
15. Remarks
16. Initials of the Registering Officer.] ___________________________________________________________ 1 Ins by G.O.Ms.No.1315, Labour, dated the 26 th June , 1987 THE T.N.PLANTATIONS LABOUR RULES, 1955 1 [ FORM 1-D [Prescribed under sub-rule (2) of Rule 2-D] APPLICATION FOR TRANSFER OF CERTIFICATE OF REGISTRATION
1. Full Name of the Plantation
2. Full Postal Address and situation of the Plantation
3. Registration Certificate Number
4. Full Name and residential Address of the employer of the plantation to whom Registration Certificate is to be transferred.
5. Full Name and residential Address other than the employer, who manages the Plantation.
6. Reasons in brief for the transfer of Registration Certificate
7. Amount of fees Rs. (Rupees only) paid in Treasury (vide Challan Number Date of the Treasury)enclosed. I agree that I shall accept all liabilities of the transfer in respect of all the employees of the Plantation. Signature of the transferee. Dated: Number Date I agree that the Registration Certificate may be transferred in the name of Date: Signature of the holder of the Registration Certificate. Instruction: This form should be completed in ink in Block letters or typed]. 1 Ins by G.O.Ms.No.1315, Labour, dated the 26 th June , 1987 THE T.N.PLANTATIONS LABOUR RULES, 1955 1 [ FORM.NO.1-DD [Prescribed under sub-rule (4) of rule 2-D] Intimation regarding change of ownership / Management / extent of area / crop / number of workers / staff, etc.
1. Registration number of plantation:
2. Name and address of the Plantation:
3. Name and full address of the employer / Proprietor / Partner etc:
4. Nature of change occurred in owner ship / management extend of area / crop / number of workers / staff / etc:
5. The date on which the change referred to above occurred:
6. Name and address of the person to whom ownership of the plantation is transferred, in case of change of ownership:
7. Extent of the area of the plantation decreased / increased and date from which such change occurred:
8. Extent of the area of the plantation after the change in area:
9. Number of workers employed before the change:
10. Number of workers employed after the change:
11. Name of the crop proposed to be grown (if change):
12. Other Particulars, if any: Place : Date: signature of the employer.] 1 Ins by G.O. Ms.No.5, Labour and Employment, dated the 21 st January.2004 (deemed to have come into force w.e.f. 18 th February,2004.). THE T.N.PLANTATIONS LABOUR RULES, 1955 1 [ FORM.NO.1-E [Prescribed under sub-rule (5) of rule 2-E] REGISTER OF APPEALS
1. Serial Number
2. Date of receipt of appeal by the appellate authority.
3. Name and address of the Appellant.
4. Details of appeals.
5. Number and the date of Registration Certificate appealed against.
6. Name of the employer in whose name the registration certificate is issued.
7. Name of the Plantations
8. Address of the Plantation.
9. Fees paid
10. Name of the Treasury.
11. Number and date of challan.
12. Brief summary of disposal of appeal.
13. Initials of the Officer.
14. Remarks.] [ FORM.NO.2 [Prescribed under sub-rule (3) of rule 5] REGISTER SHOWING THE FEES PAID TO THE CERTIFYING SURGEON FOR THE ISSUE OF DUPLICATE CERTIFICATES
(1) Date
(2) Serial Number
(3) Number and date of previous certificate.
(4) Name of person to whom granted.
(5) Father’s name.
(6) Initials of the Certifying Surgeon. Paid into Treasury at …………. on ………………….(date) Signature of the Certifying Surgeon. 1 Ins by G.O.Ms.No.1315, Labour, dated the 26 th June,1987. THE T.N.PLANTATIONS LABOUR RULES, 1955 FORM.NO.3 [Prescribed under sub-rule (5) of Rule 5] CERTIFYING SURGEON‘S VISIT NOTE visit to (Plantation) on date 20 Name of the Certifying Surgeon. EXAMINATION AND CERTIFICATE (A) Children --
1.Original examination Number examined Number of certificates granted.
2.Re-examination of those holding certificates Number examined. Number of certificates cancelled Reasons for cancellation in each case (i.e.., general nature of unfitness) (B) Adolescents--
1.Original examination Number examined Number of certificates granted.
2.Re-examination of those holding certificates Number examined. Number of certificates cancelled Reasons for cancellation in each case (i.e.., general nature of unfitness) (Signed) Certifying Surgeon. N.B.—Names of young persons who have been granted certificates and of those whose certificates have been cancelled shall be given in an Appendix to this Form. THE T.N.PLANTATIONS LABOUR RULES, 1955 FORM.NO.4 [Prescribed under rule47] HALF-YEARLY PROGRESS REPORT FOR THE PERIOD FROM 1ST JANUARY 20 TO 30TH JUNE 20 1ST JULY 20 TO 31ST DECEMBER 20
1. Name of Plantation
2. Name of the State and District .
3. Name and address of the employer
4. Total resident labour Population including dependants in the Plantation --
(a) Staff
(b) Other workers
5. Number of resident workers requiring houses --
(a) Staff
(b) Other workers
6. Number of resident single workers requiring houses --
(a) Staff
(b) Other workers.
7. Number of resident families in the Plantation –
(a) Staff
(b) Other workers
8. Number of houses required to be provided as per sub –rule (1) of rule 50 –
(a) Staff
(b) Other workers
9. Number of existing houses which conform to the standards (particulars should be furnished for) –
(a) Staff
(b) Other workers (separately)
(a) built before 1st April 1954.
(b) (b) newly built after 1st April 1954. 1954,1955,1956,1957,1958, 1959 I/II, 1960 I/II, 1961 I/II,1962 I/II, 1963 I/II,1964 I/II,1965 I/II,1966 I/II, 1967 I/II,1968 I/II,1969 I/II.
Note.--Particulars regarding the number of houses built after 1st April 1954 against this item shall be furnished for each half year separately.
10. Number of existing houses which does not conform to the standard --
(a) Staff
(b) Other workers.
11. Number of houses required to be provided according to the approved scheme every year --
(a) Staff. to be newly construced.
(b) Other workers to be renovated.
12. Number of houses provided as per the approved scheme during the half – year –
(a) Construction of new houses --
(i) Staff
(b) Renovation of old houses –
(i) Staff
(ii) Other workers.
(ii) Other workers.
13. Reasons for not providing the number of houses as required by item (11) (Form substituted by G.O. Ms. No. 1237, Labour Department, dated 30thSeptember ,1971). ------- FORM.NO.5 [Prescribed under sub-rule (3) of Rule 48] RECORD OF LIME WASHING , PAINTING, ETC. D e s c ri p ti o n s o f h o u s e s P a rt s lim e -w a s h e d , p a in te d , v a rn is h e d o r o ile d , e .g ., w a lls . c e ili n g w o o d – w o rk , e tc . T re a tm e n t w h e th e r lim e – w a s h e d , p a in te d , v a rn is h e d o r o ile d . Date on which lime – washing, painting, varnishing or oiling was carried out (according to the English calendar), R e m a rk s .
(1)
(2)
(3) Date. Month. Year
(4). (5) (6)
(7) Signature of employer. THE T.N.PLANTATIONS LABOUR RULES, 1955 1[ FORM.NO.5-A [Prescribed under rule70-A] PAYMENT OF LEAVE WAGES IF THE WORKER DIES. I hereby require that the event of my death before resuming work the balance of my pay due for the period of leave with wages not availed of, shall be paid to ------------------- who is my ------------------ and resides at---------------. Witnesses:--
(1)
(2) Signature of worker Date: To The Employer, (Name of Plantations and full address).] --------- [ FORM.NO.6 (Prescribed under rule70) NOTICE OF PERIOD OF WORK Name of Plantations Place District Period of work Adults Adolescents Male Female A B C D E F Male Female G H I J
(1) (2) (3) From To From ------------------------------------------------------------------------------------------------------ 1Ins. by G.O. Ms.No.225, Labour and Employment, dated the 26th March,1973 . THE T.N.PLANTATIONS LABOUR RULES, 1955 Children Description of Groups Remarks. K L M
(4) Group letter. Name of work
(5)
(6) A B C D E F G H I K L M Date on which the notice is first exhibited. (Signed). Employer. Instructions to be followed in filling in the notice of period of work.
(1) Divide all workers into groups according to the nature and periods of their work and classify ‗Groups‘ as A, B,C,D, etc.
(2) If workers in a particular group do not work during the same periods on all working days of the week, the periods should be shown separately for different days or sets of days during the week. --------- THE T.N.PLANTATIONS LABOUR RULES, 1955 FORM NO.7 [Prescribed under sub-rule (3) of Rule 71] CERTIFICATE OF SICKNESS This is to certify that I have examined son / daughter / wife of employed in Plantation at in the district of on and found him / her suffering from I recommend days absence from work and payment of the corresponding sickness allowance. Signature, qualification and designation of Medical Practitioner ----- 1 [*****] 1 Form No. 8,9,10 and 11 omitted by G.O.Ms. No. 66, Labour and Employment, (K2) Department, dated the 10th April 2015. THE T.N.PLANTATIONS LABOUR RULES, 1955 FORM NO.11-A [Prescribed under sub-rule (2) of Rule 80-B] NOTICE OF ACCIDENT 1Ins. by G.O.Ms.No.1315, Labour, dated the 26th June, 1987. Nature of accident Authority to whom Within what report is to be sent period
(1) (2) (3) Fatal or serious 1. Registering Officers.
2. Chief Inspector of Plantations. Within 12 hours of the accidents.
3. District Magistrate or Sub-Divisional Officer.
4. Officer-in –charge of the nearest police station.
5. Next kin of the injured/deceased.. Which causes such Registering Officers Within 24 hours of the bodily injury as pre- expiry of 48 hours after vents the person injured the occurrence of the from working for a period accident. of 48 hours immediately following the accident.
1. Registration number of Plantation.
2. Running serial number of the accident in the Plantation for the calendar year 20 and calendar year 20
3. Name and address of the Plantation.
4. Name and address of the employer.
5. Exact place in the plantation where the accident occurred.
6. Particulars of person injured:
(a) Name
(b) Address
(c) Sex
(d) (d)Date of Birth
(e) Occupation
(f) Monthly wages
7. Date and hour of accident :
8. Describe clearly how the accident occurred.
9. State exactly what the person injured was doing at the time of the accident.
10. Give names and addresses of witnesses to the accident.
11. Detail the nature, extent, location, etc., of injury received.
12. Name and Address of the Doctor or Hospital from whom or in which the person injured received or is receiving treatment.
13. If the persons injured has died, give : --
(a) the date and hour of his death
(b) the date and hour of post-mortem examination
(c) the name and address of the doctor who conducted the post-mortem examination.
(d) if no post-mortem examination was conducted, the reasons therefor.
14. Any other relevant information. I certify that to the best of my knowledge and belief the above particulars are correct in every respect. Signature of employer (Name in Block Letters) Date if despatch of notice. This part is to be field up by the Registering Officer. registration Number / Accident No. 20 Date of receipt. Date of filing. Instructions: A separate report is to be filled up in respect of each person killed or injured and each report will constitute a separate accident. THE T.N.PLANTATIONS LABOUR RULES, 1955 1 [FORM NO.11-B [Prescribed under sub-rule (1) of Rule 80-C] REGISTER OF ACCIDENTS
1. Name and Address of the Plantation :
2. Registration No. of the Plantation :
3. Calendar Year : R u n n in g s e ri a l N o . o f th e a c c id e n t fo r th e c a le n d a r y e a r. D a te a n d h o u r o f a c c id e n t. N a m e a n d d e s ig n a ti o n o f th e p e rs o n i n ju re d E x a c t p la c e w h e re t h e a c c id e n t o c c u rr e d . A f u ll c le a r d e s c ri p ti o n o f h o w t h e a c c id e n t o c c u rr e d . N a tu re , e x te n t, l o c a ti o n , e tc ., o f in ju ry r e c e iv e d . D e ta ils o f d is a b le m e n t, d e a th a n d l o s s o f e a rn in g c a p a c it y , if a n y . R e m a rk s a n d i n it ia l o f th e e m p lo y e r.
(1) (2) (3) (4) (5) (6) (7) (8) FORM NO.12 [Prescribed under sub-rule (1) of Rule 82] REGISTER OF ADULT WORKERS S e ri a l N u m b e r N a m e , a g e a n d a d d re s s . F a th e r‘ s / h u s b a n d ‘s n a m e N a tu re o f w o rk L e tt e r o f g ro u p a s i n n o ti c e o f p e ri o d o f w o rk ( F o rm N o .6 ). R e m a rk s
(1) (2) (3) (4) (5) (6) 1 Ins. by G.O. Ms. No.1315, Labour, dated the 26th June, 1987. THE T.N.PLANTATIONS LABOUR RULES, 1955 FORM NO.13 [Prescribed under sub-rule (1) of Rule 82] REGISTER OF NON-ADULT WORKERS Number Name and address Father‘s Name Date of first employment. Number of Certifying Surgeon‘s certificate with date.
(1) (2) (3) (4) (5) Age as entered in the certificate. Token number reference to certificate, if any. Nature of Work. Letter of group as in notice of period of work (Form No.6) Remarks
(6) (7) (8) (9) (10) ----- FORM NO.14 [Prescribed under sub-rule (1) of Rule 82] REGISTER OF LEAVE WITH WAGES Part I – Adults. Part II – Non – Adults Plantation. Serial Number. Serial Number in the register of adult/non-adult workers. Date of entry into service. Name of Worker. Father‘s / Husband‘s name. Address. Number of days worked. Leave taken F ro m T o T o ta l d a y s w o rk e d . L e a v e e a rn e d . L e a v e a t c re d it ( In c lu d in g b a la n c e , if a n y , o n r e tu rn fr o m l e a v e o n l a s t o c c a s io n ). F ro m T o N u m b e r o f d a y s
(1) (2) (3) (4) (5) (6) (7) (8) B a la n c e o n r e tu rn f ro m le a v e , D a te o n w h ic h w a g e s f o r le a v e p a id a n d a m o u n t p a id . c a s h v a lu e o f fo o d a n d o th e r c o n c e s s io n s p a id t o th e w o rk e r d u ri n g t h e l e a v e p e ri o d . D a te o f te rm in a ti o n o f s e rv ic e . W a g e s p a id i n l ie u o f le a v e o n t e rm in a ti o n o f s e rv ic e . R e m a rk s
(9) (10) (11) (12) (13) (14) Note – Separate page shall be allotted to each worker. THE T.N.PLANTATIONS LABOUR RULES, 1955 FORM NO.14-A* [Prescribed under Rule 82 (1) (c)] MUSTER ROLL Name of Estate : Place : District : S er ia l n u m b er . N am e. F at h er ’s n am e. D es ig n at io n G ro u p P er io d o f W o rk For the period ending 1 2 3 4 5 6 1 [T o ta l n u m b er o f h o u rs w o rk ed ]. R em ar k s
(1) (2) (3) (4) (5) (6) (7) (7A) (8) FORM NO.14-B* [Prescribed under Rule 82 (1) (d)] OVERTIME MUSTER ROLL Month ending 20 N u m b er i n re g is te r N am e. D es ig n at io n D at e o n w h ic h o v er ti m e h as b ee n w o rk ed . T o ta l o v er ti m e w o rk ed N o rm al h o u rs . N o rm al r at e o f p ay . O v er ti m e ra te o f p ay . N o rm al ea rn in g s. O v er ti m e ea rn in g s. T o ta l ea rn in g s, . D at es o n w h ic h o v er ti m e p ay m en ts m ad e.
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) * * Inserted as per G.O. Ms. No. 627, Industries, Labour and Co-operation, dated the 14th February, 1959. * Ins. by G.O. Ms. No.1, Labour, dated the 5th January, 1988. THE T.N.PLANTATIONS LABOUR RULES, 1955 1 [FORM No.15 [Prescribed under Sub-rule (2) of Rule 82] LEAVE BOOK Number of days worked Leave taken F ro m T o T o ta l n u m b er o f d ay s w o rk ed . L ea v e ea rn ed L ea v e at c re d it (i n cl u d in g b al an ce , if a n y o n re tu rn f ro m l ea v e o n l as t o cc as io n ) F ro m . T o N u m b er o f d ay s. B al an ce o n r et u rn fr o m l ea v e. D at e o n w h ic h w ag es f o r le av e p ai d a n d a m o u n t p ai d ..
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) C as h v al u e o f fo o d a n d o th er co n ce ss io n s p ai d to t h e w o rk er d u ri n g t h e le av e p er io d . D at e o f ce ss at io n o f em p lo y m en t. W ag es f ix ed o n th is d at e. w ag e p ai d i n l ie u o f le av e o n ce ss at io n o f em p lo y m en t. R ea so n s D at e o f re - ap p o in tm en t w ag e fi x ed o n t h is d at e R em ar k s S ig n at u re o f em p lo y er w it h d at e
(11) (12) (13) (14) (15) (16) (17) (18) (19) 2[*****] 1 Subs.by G.O.Ms.No.504, Labour and Employment, dated the 4th June, 1976. 2[Form No. 16 to Form No. 21 omitted by G.O.Ms. No. 239, Labour and Employment, (K2) Department, dated the 8th December 2016. Name of Plantation and address : Serial Number : Serial number in the register of adult/non-adult worker : Name of the worker : Father’s/Husband’s name : Address : Nature of work done by the worker : Date of entry done by the worker : Date of entry into service : Age of the worker (in figures and in words) Present Wage : THE T.N.PLANTATION LABOUR RULES, 1955 FORM No.22 [Prescribed under sub-rule (3) of Rule 83] PROVISION OF MEDICAL FACILITIES Return for the period ending the 30 th June 20 or 31 st December 20 (To be furnished to the Inspector and the Chief Inspector by the 1 [31 st March,31 st September] )
1.
2.
3.
4.
5.
6.
7. 2 8 Name of plantation. Total population. Average number of workers employed daily. Garden hospital / dispensary. Figures per 700 workers Nature of medical facilities FacilitiesFacilities Deviation prescribed available + (plus) in the rules - (minus) Hospital beds. Doctors. Maternity Assistant. Nurses. Compounders. Men nursing orderlies. Women nursing orderlies. Toties. Sweepers. Number of first – aid boxes or cup-boards maintained, if any. Steps taken or proposed to be taken, if any to bring the medical facilities available in the plantations at par with those prescribed in rules. State with special reference to the various stages of the approved scheme for provision of medical facilities. Number of patients recommended for treatment at the Group Hospital and arrangements made for their treatment if no Group Hospital has been established. The Government order number and date in which the medical scheme was approved by the Government
9. The conditions subject to which the medical scheme was approved
10. Steps taken to comply with the conditions stipulated in the Government Orders. Date: Signature of employer ----------------- 1 Subs by G.O.Ms.No.2124, Labour, 3rd October, 1985 2 Added as per G.O.Ms.No.2638, Industries, Labour and Co-operation dated the 7 th July,1958. THE T.N.PLANTATION LABOUR RULES, 1955 FORM No.23 1 [Prescribed under Rule 84] Notice of occupation (to be furnished to the Inspector and the Chief Inspector in duplicate)
1. Name of Plantation. 2 [2. Name of employer who has ultimate control over the affairs of the Plantation.]
3. District
4. Postal address
5. Full address to which communications relating to the estates should be sent
6. Nature of the estate, viz., whether coffee, tea, rubber, etc., with acreage in each.
7. Approximate number of workers employed in the Plantation.
8. Full name and residential address of the person who shall be the employer of the plantation for the purpose of the Act.
9. Full name and residential address of the proprietor of the estate.
10. Full name and addresses : –
(i) the Directors in case of a public limited liability Company / Firm.
(ii) Shareholders in case of a private company where no managing agents have been appointed
(iii) Where a managing agent has been appointed, the name of managing agent and directors thereof.
(iv) The Chief Administrative head in case of a Government or Local Fund estate. Date: 1. Signature of employer mentioned in item 2 above
2. Signature of employer mentioned in item 2 above 1 Added as per G.O.Ms.No.627, Industries, Labour and Co-operation, dated the 14 th February,1959. 2 Added as per G.O.Ms.No.149, Labour and Employment, dated the 5 th , March,1973. NOTE:-- This form should be completed in ink in block letters or typed. THE T.N.PLANTATION LABOUR RULES, 1955 1 [FORM No.24 [Prescribed under sub-rule of (2) of Rule 68] REGISTER SHOWING THE SUPPLY OF PROTECTIVE MATERIALS Name of the worker Token Number Date of previous supply of the field cumbly/rug/umbrella/bed sheet/rain coat as the case may be Date of present supply Signature of the worker
(1) (2) (3) (4) (5) THE T.N.PLANTATION LABOUR RULES, 1955 2 [FORM No.25 [Prescribed under clause (a) of sub-rule (4) of Rule 82] SERVICE BOOK
1. Name and address of the Plantation ….
2. Full Name and address of the employer of the Plantation ….
3. Name and address of the Worker ….
4. Father’s / Husband’s name ….
5. Date of entry in to service ….
6. Nature of work and any subsequent changes therein with date of such change ….
7. Details of basic wages and allowances and any subsequent changes therein with dates of such change …. Date : Signature of the Employer 1 Added by G.O.Ms.No.458, Labour and Employment, dated 22 nd March, 1990. 2 Added byG.O.Ms.No.205, Labour and Employment, dated the 23 rd September,1992. FORM No.26 [Prescribed under clause (b) of sub-rule (4) of Rule 82] REGISTER OF SERVICE BOOK S l. N o N am e o f th e w o rk er N at u re o f w o rk D at e o f ap p o in t m en t D at e o f is su e o f se rv ic e b o o k t o t h e w o rk er .
(1) (2) (3) (4) (5) D at e o n w h ic h re ce iv ed fr o m h im f o r m ak in g en tr ie s D at e o f is su e af te r m ak in g en tr ie s D at e o f re ce ip t o f ap p li ca ti o n fo r d u p li ca te co p y D at e o n w h ic h d u p li ca te co p y i s is su ed S ig n at u re o f th e w o rk er .
(6) (7) (8) (9) (10) 1Added by G.O. Ms.No. 205 Labour and employment, dated the 23rdseptember 1992. 1[―FORM NO. 27 (Prescribed under sub-rule (2) of rule 95) REGISTER OF PERSONS ENGAGED IN CONNECTION WITH INSECTICIDES, CHEMICALS AND TOXIC SUBSTANCES, AND THEIR PERIODICAL MEDICAL EXAMINATION FOR THE YEAR…. Sl. No. Name: Age: Father‘s / Husband‘s name: Full Address: Sex: Male/Female: Identification Marks: Date of appointment: Designation:
1. Added by G.O.Ms.No.138, Labour and Employment, (k2) Department dated the 23rd June, 2016. PAST HISTORY Illness Poisoning Allergy Exposure to pesticides No. of years / seasons Remarks, if any 1 2 3 4 5 6 FAMILY HISTORY Allergy Psychological disorders Heamorrhagic disorder 1 2 3 PERSONAL HISTORY Smoking Alcohol Other addiction 1 2 3 OBSERVATIONS Medical Examination Pre-employment Examination End of Year Remarks I. General Examination.- General Body limit: Weight and Height: Blood Pressure: Respiration: Anaemia: Dadema: Jaundice: Skin condition: Temperature: Fatigablity: Sweating: Sleep: Urination: II. Gastro Intestinal.- Nausea: Vomiting: Appetite: Taste: Pain in abdomen: Bowel movement: Liver: Spleen: III. Cardio – Respiratory.— Nasal discharge: Wheeze: Cough: Expectoration: Tightness of chest: Dyspnoea: Palpitation: Heart: Cyanosis: Tachycardia: IV. Neuro-Muscular.— Headache: Dizziness: Irritability: Pulse: Twitchings: Tremors: Convulsion: Pasesthesia: Hallucination: Unconsciousness: Deep reflexes: Superficial reflexes: Coordination: V. Eye.— Pupil: Lachrymation: Double vision: Clumped Vision: VI. Psychological.— Temperament: Judgment: Nervousness: VII. Kidney.— Kidney condition VIII. Investigation.— Blood HB%: Blood DC: Serum cholinesterage: Serum Bilirubin: Urine routine examination: Urine microscopic: X ray of Chest: Advice given to
1. The patient
2. The employer Steps taken by the employer as per doctor‘s advice
1. Patient
2. Employer.‖ 1[―FORM NO. 28 [Prescribed under sub-rule (1) of Rule 83] combined annual return for the year ending the 31st December 20……
1. Name of the Plantation:
2. Full Postal Address of the Plantation with Fax No. and E-mail:
3. Nature of Plantation:
4. Area of Plantation:
5. Registration No:
6. Name of the Employer with Mobile No. and E-mail:
7. Name and address of the manager / Authorised Person with Mobile No. and E-mail:
8. Number of employees employed during the year: Men Women Adolescent Total
9. Average Number of employees employed daily: Men Women Adolescent Total
10. Weekly Holiday:
11. Number of days worked during the year:
12. Normal hours worked per week:
13. Rest Interval given:
14. Total Amount of salary / wages paid including allowances:
15. Number of employees whose employment is ceased / suspended:-
(i) Number of employees discharged / dismissed / terminated / resigned / retired / expired during the year:
(ii) Amount of compensation paid:
(iii) Number of employees suspended during the year:
(iv) Amount of subsistence allowance paid: 1Added by G.O.Ms.No.239,Labour and Emplyment (k2) Department,dated the 8th December, 2016.
16. Wages:
(i) Total wages paid including deductions:-
(a) Basic wage:
(b) Dearness Allowance
(c) Overtime wage:
(d) Non-profit sharing bonus:
(e) Other allowance in cash:
(f) Arrears of pay in respect of previous year paid during the year:
(ii) Number of persons whose wages does not exceed Rs. 18000/-* per month (*subject to change as and when the Government of India Notifies) Men: Women: Young Person:
(iii) Particulars of Deductions made from wages:- Deductions as Number of Employees involved Total Amount of Deductions made
(a) Fines
(b) Damages / Loss
(c) Breach of Contract
(d) Others Total
(iv) Wage Period
(v) Total wages paid in cash:
(vi) Total cash value of the wages paid in kind:
(vii) Disbursement from Fines
(a)
(b)
(c) Purpose Amount
(viii) Balance of fine in hand at the end of the year.
(ix) Details of remittances of fines collected towards Tamil Nadu Labour Welfare Fund:-
(a) Mode of Payment:
(b) Amount
17. Leave:-
(i) Number of employees eligible for earned leave:
(ii) Number of employees availed / granted earned leave:
(iii) Number of employees paid wages / salary in lieu of earned leave:
18. Welfare Measures provided:-
(i) Whether canteen is run as per Section 11 of the Plantations Labour Act, 1951:
(a) Whether providing cooked food and refreshment etc:
(b) Whether providing cooked food alone:
(c) Whether providing refreshment alone:
(d) Whether sold below cost price. If so, state the items provided below the cost price.
(ii) Whether Creche is provided as per Section 12 of the Plantations Labour Act, 1951: Number of children admitted: Facilities provided in crèche:-
(a) Milk
(b) Food
(c) Clothes
(d) Toys
(e) Medical aid
(f) Others Strength of Staff employed in each crèche:-
(a) Trained ayah
(b) Sweepers
19. Sickness Benefits:-
(i) Number of persons who applied for sickness benefit:
(ii) Number of cases in which the claim was rejected and the reason there for:
(iii) Number of persons who were granted sickness benefit and the total amount paid:
20. Maternity Benefits:-
(i) Benefits for Number of Employees received the Benefits Total amount paid
(a) Miscarriage
(b) Confinement
(c) Illness
(d) Medical Bonus
(e) Total
(ii) Number of women who gave notice under section 6 of the Maternity Benefit Act, 1961:
(iii) Number of women who were granted permission to absent on receipt of notice of confinement:
(iv) Cases in which payment was made to persons other than the woman concerned: Number: Amount Paid:
(v) Cases in which payment was made on the order of the Appellate Authority or Inspector: Number: Amount Paid:
(vi) Claims for maternity benefit rejected: Number: Amount not Paid:
(vii) Claims for medical bonus rejected: Number: Amount not Paid:
(viii) Cases in which leave for miscarriage was applied for but was rejected. Number: Amount not Paid:
(ix) Cases in which additional leave for illness under section 10 was applied for but was rejected: Number: Amount not Paid:
(x) Women deprived of maternity benefit and / or medical bonus under proviso to sub-section
(2) of section 12 of the Maternity Benefit Act,
1961. Number: Amount not Paid:
(xi) Number of cases where prenatal confinement and post-natal care was provided by the management free of charge under section 8 of the Maternity Benefit Act, 1961:
21. Bonus:-
(i) Number of employees benefited by bonus payments:
(ii) Percentage of Bonus declared:
(iii) Total amount of Bonus paid:
(iv) Date of payment:
22. Conferment of Permanent Status:-
(i) Number of non-permanent workmen who have completed 480 days of continuous service:
(ii) Number of workmen made permanent during the period:
(iii) Number of workmen yet to be made permanent during the period:
(iv) Reasons for delay:
23. Contract Labour:-
(i) Name and addresses of the Contractors:
(ii) Period of Contract:
(iii) Nature of work / operations on which contract labour was employed:
(iv) Maximum number of workers employed by each contractor:
(v) Number of days worked:
(vi) Number of Mandays worked:
24. Inter-State Migrant Workmen:-
(i) Name and addresses of the Contractors in Home State:
(ii) Name of the Principal Employer in Host State (Tamil Nadu):
(iii) Period of Contract:
(iv) Nature of work / operations on which migrant labour was employed:
(v) Maximum number of migrant workmen employed by each contractor:
(vi) Number of days worked:
(vii) Number of mandays worked:
(viii) Amount of displacement allowance paid:
(ix) Amount of outward and return journey allowance paid:
(x) Amount of wages for outward and return journeys paid: Date: Place: Signature of Employer For Commissioner of Labour