PLANTATION ACT

In 1951, the Parliament passed thePlantations Labour Act [PLA] which sought to
provide for the welfare of labour and to regulate the conditions of workers
inplantations. Under this law, the State Governments have been empowered to
take all feasible steps to improve the lot of theplantation workers.Rights of
Plantation Workers

With the employment of over 1 million, the Plantation industry in India is among
the largest private employers in India. It is spread across the States of Assam,
Kerala, Tamil Nadu and West Bengal. The Plantation workforce, however, has
been among the most exploited workforce in the organised sector. Their wages are
amongst the lowest when compared to other workers and working and living
conditions most dismal. Most of the plantations are located in remote and 'isolated
areas. Workers are mainly dependent on the Plantations as there is hardly any other
employment avenue. Workers are illiterate and migrants with no awareness or
information about their rights. The fact that plantation areas do not come under the
purview of rural development and antipoverty programmes has also prevented
conditions from im proving.

In 1951, the Parliament passed the Plantations Labour Act [PLA] which sought to
provide for the welfare of labour and to regulate the conditions of workers in
plantations. Under this law, the State Governments have been empowered to take
all feasible steps to improve the lot of the plantation workers. The passing of PLA
brought some improvements in the plantations sector. It also helped in creating
conditions for organising the workers and the rise of trade unions. However, the
potential benefits promised under the PLA remain unachieved mainly due to
ignorance of workers about their rights under the law.

This folder on the Plantation Labour Act (PLA) has been brought out with a view
to disseminate information on legal rights of the plantation workers under, the law.
It is our hope that the trade union activists will find this handy reference tool in
their work among the plantation workers. HMS gratefully acknowledges the
support given by ILO in bringing this educational material out.
Applicability of PLA, 1951:

The Plantations Labour Act, 1951 (PLA) applies to any land used or intended to be
used for growing tea, coffee, rubber, cinchona or cardamom or any other plant
which measures 5 hectares or more and in which 15 or more workers are employed
on any day of the preceding 12 months.

The State Governments can be notification apply this law to any other land too
even if it measures less than 5 hectares and employ less than 15 workers.

Some definitions under PLA, 1951 [Section 2]:

Adolescent: a person between the age of fourteen and Eighteen
Child: a person who has not completed his 14 th year
Employer: the person who has the ultimate control over the affairs of the
plantation and where the affairs of the plantation are entrusted to any other
person, such other person shall be the employer in relation to that plantation.
Family: means his or her spouse and the legitimate and adopted children of the
worker dependent upon him or, who have not completed their eighteenth year,
and includes, where the member is a male, his parents dependent upon him.
Plantation: any plantation to which this Act applies and includes offices,
hospitals, dispensaries, schools and any other premises used for any purposes
connected with such plantation.
Qualified medical practitioner: means a person holding a qualification
granted by an authority specified under section 3 of the Indian Medical Degrees
Act 1916 of under any provincial or State Medical Council Act.
Wages: as defined under clause (h) of section 2 of the Minimum Wages Act
1948 (11 of 1948).
Worker: means a person employed in a plantation for hire or reward, whether
directly or through any agency, to do any work, skilled, unskilled, manual or
clerical, having wages less than Rs. 750/- p.m., but does not include – medical
officer, managerial staff and temporary workers employed in any work relating
to construction, repair, maintenance of roads, bridge, etc.
LABOUR WELFARE FUND ACT

The Labour Welfare Fund is a provision of the government to ensure some basic and
necessary services, amenities and facilities to the workers. This Act is to ensure the
better life and standard of living of the employees. There are separate (State) Labour
Welfare Fund Act and (State) Labour Welfare Fund Rule for different states & Union
Territories and accordingly separate Labour Welfare Board is created for each
different States and UTs and accordingly different rate of Contribution for Employer
and Employee.The Labour Welfare Fund is created to ensure the extended support
for the social assistance for workers in the certain sectors. There are 5 different
categories of Labour welfare Funds to provide facilities like medical care, housing,
educational and recreational etc. to workers in certain sector of business.

The SGC Management Services Pvt. Ltd. provides the complete assistance and
consultancy service to the business to operate as per the rules and regulations set by
the (State) Labour Welfare Act. Being the pre-eminent service provider in Payroll
Process and other requirements of the business, SGC Management Services Pvt. Ltd.
has the team of the most professional staffs with all kind of knowledge and expertise
to provide the finest service to the business not only in Delhi and NCR Regions like
Gurgaon, Noida, Faridabad and Ghaziabad, but also other states like Punjab,
Haryana, Maharashtra, Chandigarh, Maharashtra, etc.

Importance of Labour Welfare:

1. It improves the moral and mental conditions of the workers by providing
facilities like games, cultural activities and recreation etc.

2. By providing facilities workers have more confidence in their employer, which

leads to improve industrial peace.
 3. When workers are promoted in a systematic way and they are heard properly
then they feel and realize their duties towards enterprise.

4. By providing all these facilities, workers feel happy and become enthusiastic.
Thus worker starts taking much interest in his work, which leads to greater
efficiency.

What is Labour Welfare Fund?

Labour welfare is an aid in the form of money or necessities for those in need. It provides
facilities to labourers in order to improve their working conditions, provide social
security, and raise their standard of living.
To justify the above statement, various state legislatures have enacted an Act exclusively
focusing on welfare of the workers, known as the Labour Welfare Fund Act. The Labour
Welfare Fund Act incorporates various services, benefits and facilities offered to the
employee by the employer. Such facilities are offered by the means of contribution from
the employer and the employee. However, the rate of contribution may differ from one
state to another

Scope of Labour Welfare Fund Act

The scope of this Act is extended to housing, family care & worker's health service by
providing medical examination, clinic for general treatment, infant welfare, women’s
general education, workers activity facilities, marriage, education, funeral etc. State
specific Labour Welfare Funds are funded by contributions from the employer,
employee and in few states, the government also.

Applicability of the Act

In order to provide social security to workers, the government has introduced the Labour
Welfare Fund Act. This act has been implemented only in 15 states out of 34 states
including union territories.
The Labour Welfare Fund Act is not applicable to all category of employees working in
the establishment. It depends upon the wages earned and designation of the employee.
Also, one needs to check the total number of employees working before extending this
Act to their establishment. The applicability of the Act based on the number of
employees may differ depending upon state specific Act.
MINES ACT 1952

The Mines Act, 1952 was enacted to enforce for measures of safety and welfare of
labourers working in coal, metallic, ferrous and oil mines.

Work Hours, Intervals and Night Shift

The Act prohibits employment of any women in any part of a mine which is below-
ground and on ground, except between the hours 6 a.m. and 7 p.m. It also provides
that every women employed in a mine above ground shall be allowed break of not
less than 11 hours between the end of day work and the commencement of the next
day of work . (Section 46)

Safety Measures

The Mines Act, 1952 provides for safety measures for labourers working in coal,
metallic, ferrous, and oil mines while working with shafts, opencast workings,
conveyors or aerial ropeways, etc. (Section 57)

PROVISION AS TO HEALTH AND SAFETY

19. Drinking water ---

(1) In every mine effective arrangement shall be made to provide and maintain at

suitable points conveniently situated a sufficient supply of coal and wholesome

drinking
water for all persons employed therein:

Provided that in case of persons employed below ground the Chief Inspector may,
in lieu

of drinking water being provided and maintained at suitable points, permit any other

effective arrangements to be made for such supply.

(2) All such points shall be legibly marked ‘DRINKING WATER’ in a language

understood by a majority of the persons employed in the mine and no such point
shall be

situated withi9n six metres of any washing place, urinal or latrine, unless a shorter

distances is approved in writing by the Chief Inspector.

(3) In respect of all mines or any class or description of mines, the Central

Government may make rules for securing compliance with the provisions of sub-
sections

(1) and (2) and for the examination by prescribed authorities of the supply and
distribution

of drinking water.

20. Conservancy –

(1) There shall be provided, separately for males and females in every mine, a
sufficient

number of latrines and urinals of prescribed types so situated as to be convenient

and accessible to persons employed in the mine at all times.

(2) All latrines and urinals provided under sub-section (1) shall be adequately
lighted,

ventilated and at all times maintained in a clean and sanitary condition.

(3) The Central Government may specify the number of latrines and urinals to be

provided in any mine, in proportion to the number of males and females employed
in

the mine and provide for such other matters in respect of sanitation in mines

(including the obligations in this regard of persons employed in the mine) as it may

consider necessary in the interests of the health of the persons employed,

21. Medical appliance :

(1) In every mine there shall be provided and maintained so as to be readily

accessible

during all working hours such number of first-aid boxes or cupboards equipped with

such contents as may be prescribed.

(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard
o

Trade Unions Act, 1926

In this Act 'the appropriate Government' means, in relation to Trade Unions whose
objects are not confined to one State, the Central Government, and in relation to
other Trade Unions, the State Government, and, unless there is anything repugnant
in the subject or context, -

 (a) "executive" means the body, by whatever name called, to which the
management of the affairs of a Trade Union is entrusted;
 (b) "office-bearer", in the case of a Trade Union, includes any member of the
executive thereof, but does not include an auditor;
 (c) "prescribed" means prescribed by regulations made under this Act;
  (d) "registered office" means that office of a Trade Union which is registered
under this Act as the head office thereof;
 (e) "registered Trade Union" means a Trade Union registered under this Act;
 (f) "Registrar" means -
o (i) a Registrar of Trade Unions appointed by the appropriate
Government under section 3, and includes any Additional or Deputy
Registrar of Trade Unions; and
o (ii) in relation to any Trade Union, the Registrar appointed for the
State in which the head or registered office, as the case may be, of the
Trade Union is situated ;
 (g) "trade dispute" means any dispute between employers and workmen or
between workmen and workmen, or between employers and employers
which is connected with the employment or non-employment, or the terms
of employment or the conditions of labour, of any person, and "workmen"
means all persons employed in trade or industry whether or not in the
employment of the employer with whom the trade dispute arises;

Provisions to be contained in the rules of a Trade Union.- A Trade Union shall

not be entitled to registration under this Act, unless the executive thereof is
constituted in accordance with the provisions of this Act, and the rules thereof
provide for the following matters, namely: -

 (a) the name of the Trade Union;

 (b) the whole of the objects for which the Trade Union has been established;
 (c) the whole of the purposes for which the general funds of the Trade Union
shall be applicable, all of which purposes shall be purposes to which such
funds are lawfully applicable under this Act;
 (d) the maintenance of a list of the members of the Trade Union and
adequate facilities for the inspection thereof by the office-bearers and
members of the Trade Union;
 (e) the admission of ordinary members who shall be persons actually
engaged or employed in an industry with which the Trade Union is
connected, and also the admission of the number of honorary or temporary
members as office-bearers required under section 22 to form the executive of
the Trade Union;
 (ee) the payment of a subscription by members of the Trade Union which
shall be not less than twenty-five naye paise per month per member;
 (f) the conditions under which any member shall be entitled to any benefit
assured by the rules and under which any fine or forfeiture may be imposed
on the members;
 (g) the manner in which the rules shall be amended, varied or rescinded;
 (h) the manner in which the members of the executive and the other office-
bearers of the Trade Union shall be appointed and removed;
 (i) the safe custody of the funds of the Trade Union, an annual audit, in such
manner as may be prescribed, of the accounts thereof, and adequate facilities
for the inspection of the account books by the office-bearers and members of
the Trade Union; and
 (j) the manner in which the Trade Union may be dissolved.