Plantations Labour Act, 1951

(1) This Act may be called the Plantations Labour Act, 1951. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint 3[(4) It applies to the following plantations, that is to say,- (a) to any land used or intended to be used for growing tea, coffee, rubber 4[, cinchona or cardamom] which admeasures 5[5 hectares] or more and in which 6[fifteen] or more persons are employed or were employed on any day of the preceding twelve months; (b) to any land used or intended to be used for growing any other plant, which admeasures 6[5 hectares] or more and in which 7[fifteen] or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government, by notification in the Official Gazette, so directs. 7[Explanation.-Where any piece of land used for growing any plant referred to in clause (a) or clause (b) of this sub-section admeasures less than 5 hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-section, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures 5 hectares or more.] (5) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any land used or intended to be used for growing any plant referred to in clause (a) or clause (b) of sub-section (4), notwithstanding that- *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (a) it admeasures less than 1[5 hectares], or (b) the number of persons employed therein is less than 2[fifteen]: Provided that no such declaration shall be made in respect of such land which admeasured less than 1[5 hectares] or in which less than 2[fifteen] persons were employed, immediately before the commencement of this Act.] 1.The Act comes into force in Pondicherry on 1-10-1963 by Reg. 7 of 1963, s. 3 and Sch. I. The Act has been amended in Kerala by Kerala Act 25 of 1969. 2.1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530 3.Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960). 4.Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982). 5.Subs. by s. 2, ibid., for "10.117 hectares" (w.e.f. 26-1-1982). 6.Subs. by s. 2, ibid., for "thirty" (w.e.f. 26-1-1982). 7.Ins. by s. 2, ibid. (w.e.f. 26-1-1982)

In this Act, unless the context otherwise requires,- (a) "adolescent" means a person who has completed his 3[fourteenth] year but has not completed his eighteenth year; (b) "adult" means a person who has completed his eighteenth year; (c) "child" means a person who has not completed his 3[fourteenth] year; (d) "day" means a period of twenty-four hours beginning at midnight; (e) "employer" when used in relation to a plantation, means the person who has the ultimate control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any other person (whether called a managing agent, manager, superintendent or by any other name) such other person shall be deemed to be the employer in relation to that plantation; 4[Explanation.-For the purposes of this clause, "the person who has the ultimate control over the affairs of the plantation" means in the case of a plantation owned or controlled by- (i) a company, firm or other association of individuals, whether incorporated or not, every director, partner or individual; (ii) the Central Government or State Government or any local authority, the person or persons appointed to manage the affairs of the plantation; and (iii) a lessee, the lessee;] 5[(ee) "family", when used in relation to a worker, means- (i) his or her spouse, and (ii) the legitimate and adopted children of the worker dependent upon him or her, who have not completed their eighteenth year, 6[and includes parents and widow sister, dependent upon him or her;] 7[(eee) "inspector" means an inspector of plantations appointed under sub-section (1) of section 4 and includes an additional inspector of plantations appointed under sub-section (1A) of that section;] 1[(f) "plantation" means any plantation to which this Act, whether wholly or in part, applies and includes offices, hospitals, dispensaries, schools, and any other premises used for any purpose connected with such plantation, but does not include any factory on the premises to which the provisions of the Factories Act, 1948 (63 of 1948) apply;] (g) "prescribed" means prescribed by rules made under this Act; 2[(h) "qualified medical practitioner" means a person holding a qualification granted by an authority specified or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916), or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956), and includes any person having a certificate granted under any Provincial or State Medical Council Act;] (i) "wages" has the meaning assigned to it in clause (h) of section 2 of the Minimum Wages Act, 1948 (11 of 1948); (j) "week" means a period of seven days beginning at mid-night on Saturday night or such other night as may be fixed by the State Government in relation to plantations in any area after such consultation as may be prescribed with reference to the plantations concerned in that area; 3[(k) "worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical 4[and includes a person employed on contract for more than sixty days in a year], but does not include- (i) a medical officer employed in the plantation; (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed 5[rupees ten thousand]; (iii) any person employed in the plantation primarily in a 6[managerial or administrative capacity, notwithstanding that his monthly wages do not exceed ten thousand]; or (iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals;] (l) "young person" means a person who is either a child or an adolescent. 1.Subs. by Act 58 of 1981, s. 2, for "10.117 hectares" (w.e.f. 26-1-1982). 2.Subs. by s. 2, ibid., for "thirty" (w.e.f. 26-1-1982). 3.Subs. by Act 61 of 1986, s. 24, for "fifteenth" (w.e.f. 23-12-1986). 4.Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 5.Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960). 6.Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010). 7.Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982).

In this Act, references to time of day are references to Indian Standard Time being five and a half hours ahead of Greenwich Mean Time: Provided that for any area in which the Indian Standard Time is not ordinarily observed, the State Government may make rules- (a) specifying the area; (b) defining the local mean time ordinarily observed therein; and (c) permitting such time to be observed in all or any of the plantations situated in that area. 1.Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960). 2.Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960). 3.Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960). 4.Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 5.Subs. by Act 17 of 2010, s. 2, for "rupees seven hundred and fifty" (w.e.f. 7-6-2010). 6.Subs. by Act 17 of 2010, s. 2, for "managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty" (w.e.f. 7-6-2010).

(1) The State Government may, by notification in the Official Gazette, appoint for the State a duly qualified person to be the chief inspector of plantations and so many duly qualified persons to be inspectors of plantations subordinate to the chief inspector as it thinks fit. 1[(1A) The State Government may also, by notification in the Official Gazette, appoint such officers of the State Government or of any local authority under its control, as it thinks fit, to be additional inspectors of plantations for all or any of the purposes of this Act.] (2) Subject to such rules as may be made in this behalf by the State Government, the chief inspector may declare the local area or areas within which, or the plantations with respect to which, inspectors shall exercise their powers under this Act, and may himself exercise the powers of an inspector within such limits as may be assigned to him by the State Government. (3) The chief inspector and all inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). 1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982).

Subject to any rules made by the State Government in this behalf, an inspector may within the local limits for which he is appointed- (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the rules made thereunder are being observed in the case of any plantation; (b) with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or part thereof at any reasonable time for the purpose of carrying out the objects of this Act; (c) examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this section to answer any question or make any statement tending to incriminate himself.

Every employer shall afford the inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this Act.

(1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such plantation or class of plantations as it may assign to them respectively. (2) The certifying surgeon shall carry out such duties as may be prescribed in connection with- (a) the examination and certification of workers; (b) the exercise of such medical supervision as may be prescribed where adolescents 1[are], employed in any work in any plantation which is likely to cause injury to their health.

In every plantation effective arrangements shall be made by the employer to provide and maintain at convenient places in the plantation a sufficient supply of wholesome drinking water for all workers.

(1) There shall be provided separately for males and females in every plantation a sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to workers employed therein. (2) All latrines and urinals provided under sub-section (1) shall be maintained in a clean and sanitary condition.

(1) In every plantation there shall be provided and maintained so as to be readily available such medical facilities for the workers 2[and their families] as may be prescribed by the State Government. (2) If in any plantation medical facilities are not provided and maintained as required bysub-section (1) the 1[State Government upon a request by the chief inspector] may cause to be provided and maintained therein such medical facilities, and recover the cost thereof from the defaulting employer. (3) For the purposes of such recovery the chief inspector may certify the costs to be recovered to the collector, who may recover the amount as an arrear of land-revenue. 1.Subs. by Act 17 of 2010, s. 3, for "and children are, or are to be" (w.e.f. 7-6-2010). 2.Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960).

(1) The State Government may make rules requiring that in every plantation wherein one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and maintained by the employer for the use of the workers. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the date by which the canteen shall be provided; (b) the number of canteens that shall be provided and the standards in respect of construction, accommodation, furniture and other equipment of the canteens; (c) the foodstuffs which may be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and the representation of the workers in the management of the canteen; (e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c).

2[(1) In every plantation wherein fifty or more women workers (including women workers employed by any contractor) are employed or were employed on any day of the preceding twelve months, or where the number of children of women workers (including women workers employed by any contractor) is twenty or more, there shall be provided and maintained by the employer suitable rooms for the use of children of such women workers. Explanation.-For the purposes of this sub-section and sub-section (1A), "children" means persons who are below the age of six years.] 3[(1A) Notwithstanding anything contained in sub-section (1), if, in respect of any plantation wherein less than fifty women workers (including women workers employed by any contractor) are employed or were employed on any day of the preceding twelve months, or where the number of children of such women workers is less than twenty, the State Government, having regard to the number of children of such women workers deems it necessary that suitable rooms for the use of such children should be provided and maintained by the employer, it may, by order, direct the employer to provide and maintain such rooms and thereupon the employer shall be bound to comply with such direction.] (2) 1[The rooms referred to in sub-section (1) or sub-section (1A)] shall- (a) provide adequate accommodation; (b) be adequately lighted and ventilated; (c) be maintained in a clean and sanitary condition; and (d) be under the charge of a woman trained in the care of children and infants. (3) The State Government may make rules prescribing the location and the standards of 1[the rooms referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation and the equipment and amenities to be provided therein. 1.Subs. by Act 17 of 2010, s. 4, for "chief inspector" (w.e.f. 7-6-2010). 2.Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982). 3.Ins. by s. 6, ibid. (w.e.f. 26-1-1982).

The State Government may make rules requiring every employer to make provision in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed.

Where the children between the ages of six and twelve of workers employed in any plantation exceed twenty-five in number, the State Government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed.

2[15. Housing facilities.- It shall be the duty of every employer to provide and maintain necessary housing accommodation- (a) for every worker (including his family) residing in the plantation; (b) for every worker (including his family) residing outside the plantation, who has put in six months of continuous service in such plantation and who has expressed a desire in writing to reside in the plantation: Provided that the requirement of continuous service of six months under this clause shall not apply to a worker who is a member of the family of a deceased worker who, immediately before his death, was residing in the plantation.]

The State Government may make rules for the purpose of giving effect to the provisions of section 15 and, in particular providing for- (a) the standard and specification of the accommodation to be provided; (b) the selection and preparation of sites for the construction of houses and the size of such plot; (c) the constitution of advisory boards consisting of representatives of the State Government, the employer and the workers for consultation in regard to matters connected with housing and the exercise by them of such powers, functions and duties in relation thereto as may be specified; (d) the fixing of rent, if any, for the housing accommodation provided for workers; (e) the allotment to workers and their families of housing accommodation and of suitable strips of vacant land adjoining such accommodation for the purpose of maintaining kitchen gardens, 1*** and for the eviction of workers and their families from such accommodation; (f) access to the public to those parts of the plantation wherein the workers are housed.

The State Government may make rules requiring that in every plantation the employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other like amenities for the protection of workers from rain or cold as may be prescribed.

(1) In every plantation wherein three hundred or more workers are ordinarily employed the employer shall employ such number of welfare officers as may be prescribed. (2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1).

1[(1)] Save as otherwise expressly provided in this Act, no adult worker shall be required or allowed to work on any plantation in excess of 2[forty-eight hours] a week and no adolescent 3*** for more than 4[twenty-seven hours] a week. 5[(2) Where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than forty-eight hours in any week, he shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages: Provided that no such worker shall be allowed to work for more than nine hours on any day and more than fifty-four hours in any week. (3) For any work done on any closed holiday in the plantation or on any day of rest, a worker shall be entitled to twice the rates of ordinary wages as in the case of overtime work.]

(1) The State Government may by rules made in this behalf- (a) provide for a day of rest in every period of seven days which shall be allowed to all workers; 1[(b) provide for the conditions subject to which, and the circumstances in which, an adult worker may be required or allowed to work overtime.] (2) Notwithstanding anything contained in clause (a) of sub- section (1) where a worker is willing to work on any day of rest which is not a closed holiday in the plantation, nothing contained in this section shall prevent him from doing so: Provided that in so doing a worker does not work for more than ten days consecutively without a holiday for a whole day intervening. Explanation 1.-Where on any day a worker has been prevented from working in any plantation by reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his day of rest for the relevant period of seven days within the meaning of sub-section (1). Explanation 2.-Nothing contained in this section shall apply to any worker whose total period of employment including any day spent on leave is less than six days. 1.Section 19 renumbered as sub-section (1) thereof by Act 58 of 1981, s. 9 (w.e.f. 26-1-1982). 2.Subs. by s. 9, ibid, for "fifty-four hours" (w.e.f. 26-1-1982). 3.The words "or child' omitted by Act 17 of 2010, s. 6 (w.e.f. 7-6-2010). 4.Subs. by Act 58 of 1981, s. 9, for "forty hours" (w.e.f. 26-1-1982). 5.Ins. by s. 9, ibid. (w.e.f. 6-1-1982).

The period of work on each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest for at least half an hour.

The period of work of an adult worker in a plantation shall be so arranged that inclusive of his interval for rest under section 2[21] it shall not spreadover more than twelve hours including the time spent in waiting for work on any day.

(1) There shall be displayed and correctly maintained in every plantation a notice of periods of work in such form and manner as may be prescribed showing clearly for every day the periods during which the workers may be required to work. (2) Subject to the other provisions contained in this Act, no worker shall be required or allowed to work in any plantation otherwise than in accordance with the notice of periods of work displayed in the plantation. (3) An employer may refuse to employ a worker for any day if on that day he turns up for work more than half an hour after the time fixed for the commencement of the day's work.

3[24. Prohibition of employment of children.- No child shall be employed to work in any plantation.]

Except with the permission of the State Government, no woman5*** worker shall be employed in any plantation otherwise than between the hours of 6 A.M. and 7 P.M.: Provided that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation. 1.Subs. by Act 58 of 1981, s. 10, for clause (b) (w.e.f. 26-1-1982). 2.Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "19". 3.Ins. by Act 17 of 2010, s. 7 (we.f. 7-6-2010). 4.The words "and children" omitted by s. 8, ibid. (we.f. 7-6-2010). 5.The words "or child" omitted by s. 8, ibid. (we.f. 7-6-2010).

No 1*** adolescent shall be required or allowed to work in any plantation unless- (a) a certificate of fitness granted with reference to him under section 27 is in the custody of the employer; and (b) such 2*** adolescent carries with him while he is at work a token giving a references to such certificate.

(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed in the plantation if certified to be fit for work, or on the application of the employer or any other person on his behalf with reference to any young person intending to work, examine such person and ascertain his fitness for work 3*** as an adolescent. (2) A certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed. (3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the young person, his parents or guardian.

An inspector may, if he thinks necessary so to do, cause any young person employed in a plantation to be examined by a certifying surgeon.

(1) The provisions of this Chapter shall not operate to the prejudice of any rights to which a worker may be entitled under any other law or under the terms of any award, agreement, or contract of service: Provided that where such award, agreement or contract of service provides for a longer leave with wages than provided in this Chapter the worker shall be entitled only to such longer leave. Explanation.-For the purpose of this Chapter leave shall not, except as provided in section 30, include weekly holidays or holidays for festivals or other similar occasions.

(1) Every worker shall be allowed leave with wages for a number of days calculated at the rate of- (a) if an adult, one day for every twenty days of work performed by him, and (b) if a young person, one day for every fifteen days of work performed by him. 4* * * * * 1[2[Explanation 1].-For the purposes of calculating leave under this sub-section,- (a) any day on which no work or less than half a day's work is performed shall not be counted; and (b) any day on which half or more than half a day's work is performed shall be counted as one day.] 3[Explanation 2.-The leave admissible under this sub-section shall be exclusive of all holidays, whether occurring during, or at either and of the period of leave.] (2) If a worker does not in any one period of twelve months take the whole of the leave allowed to him under sub-section (1), any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding period of twelve months. (3) A worker shall cease to earn any leave under this section when the earned leave due to him amounts to thirty days. 2[(4) If the employment of a worker who is entitled to leave under this section is terminated by the employer before he has taken the entire leave to which he is entitled, the employer shall pay him the amount payable under section 31 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after such termination.] 1.The words "child and no" omitted by Act 17 of 2010, s. 9 (w.e.f. 7-6-2010). 2.The words "child or" omitted by s. 9, ibid. (w.e.f. 7-6-2010). 3.The words "either as a child or" omitted by s.10, ibid. (w.e.f. 7-6-2010). 4.The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).

4[(1) For the leave allowed to a worker under section 30, he shall be paid,- (a) if employed wholly on a time-rate basis, at a rate equal to the daily wage payable to him immediately before the commencement of such leave under any law or under the terms of any award, agreement or contract of service, and (b) in other cases, including cases where he is, during the preceding twelve calendar months, paid partly on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wage calculated over the preceding twelve calendar months. Explanation.-For the purposes of clause (b) of sub-section (1), the average daily wage shall be computed on the basis of his total full-time earnings during the preceding twelve calendar months, exclusive of any overtime earnings or bonus, if any, but inclusive of dearness allowance. (1A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in addition to his daily wages unless these concessions are continued during the leave period.] (2) A worker who has been allowed leave for 5[any period not less than] four days in the case of an adult and five days in the case of a young person under section 30 shall, before his leave begins, be paid his wages for the period of the leave allowed. 1.Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960). 2.The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982). 3.Ins. by s. 11. ibid. (w.e.f. 26-1-1982). 4.Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960). 5.Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than".

(1) Subject to any rules that may be made in this behalf, every worker shall be entitled to obtain from his employer- (a) in the case of sickness certified by a qualified medical practitioner, sickness allowance, and (b) if a woman, in the case of confinement or expected confinement, maternity allowance, at such rate, for such period and at such intervals as may be prescribed. (2) The State Government may make rules regulating the payment of sickness or maternity allowance and any such rules may specify the circumstances in which such allowance shall not be payable or shall cease to be payable, and in framing any rules under this section the State Government shall have due regard to the medical facilities that may be provided by the employer in any plantation.

(1) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this Act in relation to any plantation, shall be punishable with imprisonment for a term which may extend to 3[six months, or with fine which may extend to ten thousand rupees, or with both]. (2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to 1[six months, or with fine which may extend to ten thousand rupees, or with both.] 1.Ins. by Act 58 of 1981, s. 12 (w.e.f. 26-1-1982). 2.Ins. by Act 17 of 2010, s. 11 (w.e.f. 7-6-2010). 3.Subs. by s. 12, ibid., for "three months, or with fine which may extend to five hundred rupees, or with both" (w.e.f. 7-6-2010).

Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 27 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment which may extend to 2[two months, or with fine which may extend to one thousand rupees, or with both].

Whoever, except as otherwise permitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable with imprisonment for a term which may extend to 1[six months, or with fine which may extend to ten thousand rupees, or with both].

Whoever contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided by or under this Act shall be punishable with imprisonment for a term which may extend to 1[six months, or with fine which may extend to ten thousand rupees, or with both].

If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to 3[one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both]: Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished.

Where an employer charged with an offence under this Act alleges that another person is the actual offender, he shall be entitled upon complaint made by him in this behalf to have, on giving to the prosecutor in this behalf three clear days, notice in writing of his intention so to do, that other person brought before the Court on the day appointed for the hearing of the case and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court that- (a) he has used due diligence to enforce the execution of the relevant provisions of this Act; and (b) that the other person committed the offence in question without his knowledge, consent or connivance; the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be acquitted: Provided that- (a) the employer may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges to be the actual offender and by the prosecutor, and (b) if, in spite of due diligence, the person alleged as the actual offender cannot be brought before the Court on the day appointed for the hearing of the case, the Court shall adjourn the hearing thereof from time to time so, however, that the total period of such adjournment does not exceed three months, and if, by the end of the said period, the person alleged as the actual offender cannot still be brought before the Court, the Court shall proceed to hear the case against the employer.

1[39. Cognizance of offences.- No Court shall take cognizance of any offence under this Act except on a complaint made by any worker or an office bearer of a trade union of which such worker is a member or an inspector and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

No Court shall take cognizance of an offence punishable under this Act unless the complaint thereof has been made or is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector: Provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

The Central Government may give directions to the Government of any State as to the carrying into execution in the State of the provisions contained in this Act. 1.Subs. by Act 17 of 2010, s. 12, for section 39 (w.e.f. 7-6-2010).

The State Government may, by order in writing, exempt, subject to such conditions and restrictions as it may think fit to impose, any employer or class of employers from all or any of the provisions of this Act: Provided that no such exemption 1[other than an exemption from section 19] shall be granted except with the previous approval of the Central Government.

(1) The State Government may, subject to the condition of previous publication, make rules to carry out the purposes of this Act: Provided that the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed rules was published. (2) In particular, and without prejudice to the generality of the foregoing power, any such rules may provide for- (a) the qualifications required in respect of the chief inspector and inspector; (b) the powers which may be exercised by inspectors and the areas in which and the manner in which such powers may be exercised; (c) the medical supervision which may be exercised by certifying surgeons; (d) the examination by inspectors or other persons of the supply and distribution of drinking water in plantations; (e) appeals from any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeals may be preferred; (f) the time within which housing, recreational, educational or other facilities required by this Act to be provided and maintained may be so provided; (g) the types of latrines and urinals that should be maintained in plantations; (h) the medical, recreational and educational facilities that should be provided in plantations; (i) the form and manner in which notices of periods of work shall be displayed and maintained; (j) the registers which should be maintained by employers and the returns, whether occasional or periodical, as in the opinion of the State Government may be required for the purposes of this Act; 2*** (k) the hours of work for a normal working day for the purpose of wages and overtime; 1.Ins. by Act 34 of 1960, s. 8 (w.e.f. 21-11-1960). 2.The word "and" omitted by Act 58 of 1981, s. 14 (w.e.f. 26-1- 1982). 1[(l) any other matter which is required to be, or may be, prescribed.] 2[(3) Every rule made by the State Government under this Act shall, as soon as may be after it is made, be laid before the State Legislature.] 3[(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] 1.Added by Act 58 of 1981, s. 14 (w.e.f. 26-1-1982). 2.Subs. by Act 17 of 2010, s. 16, for sub-section (3) (w.e.f. 7-6-2010). 3.Added by Act 4 of 2005, s. 2 and the Schedule (w.e.f.11-1-2005).