11. Canteens.—(1) The State Government may make rules requiring that in every plantation wherein
one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and
maintained by the employer for the use of the workers.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the date by which the canteen shall be provided;
(b) the number of canteens that shall be provided and the standards in respect of construction,
accommodation, furniture and other equipment of the canteens;
(c) the foodstuffs which may be served therein and the charges which may be made therefor;
(d) the constitution of a managing committee for the canteen and the representation of the
workers in the management of the canteen;
(e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of the
power to make rules under clause (c).
12. Creches.—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.]
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).
11
(2) 1
[The rooms referred to in sub-section (1) or sub-section (1A)] shall—
(a) provide adequate accommodation;
(b) be adequately lighted and ventilated;
(c) be maintained in a clean and sanitary condition; and
(d) be under the charge of a woman trained in the care of children and infants.
(3) The State Government may make rules prescribing the location and the standards of 1
[the rooms
referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation and
the equipment and amenities to be provided therein.
13. Recreational facilities.—The State Government may make rules requiring every employer to
make provision in his plantation for such recreational facilities for the workers and children employed
therein as may be prescribed.
14. Educational facilities.—Where the children between the ages of six and twelve of workers
employed in any plantation exceed twenty-five in number, the State Government may make rules
requiring every employer to provide educational facilities for the children in such manner and of such
standard as may be prescribed.
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.]
16. Power to make rules relating to housing.—The State Government may make rules for the
purpose of giving effect to the provisions of section 15 and, in particular providing for—
(a) the standard and specification of the accommodation to be provided;
(b) the selection and preparation of sites for the construction of houses and the size of such plot;
(c) the constitution of advisory boards consisting of representatives of the State Government, the
employer and the workers for consultation in regard to matters connected with housing and the
exercise by them of such powers, functions and duties in relation thereto as may be specified;
(d) the fixing of rent, if any, for the housing accommodation provided for workers;
1. Subs. by Act 58 of 1981, s. 6, for "such rooms" (w.e.f. 26-1-1982).
2. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982).
12
(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.
2
[16A. Liability of employer in respect of accidents resulting from collapse of houses provided
by him.—(1) If death or injury is caused to any worker or a member of his family as a result of the
collapse of a house provided under section 15, and the collapse is not solely and directly attributable to a
fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay
compensation.
(2) The provisions of section 4 of, and Schedule IV to, the Workmen's Compensation
Act, 1923 (8 of 1923), as in force for the time being, regarding the amount of compensation payable to a
workman under that Act shall, so far as may be, apply for the determination of the amount of
compensation payable under sub-section (1).
16B. Appointment of Commissioners.—The State Government may, by notification in the Official
Gazette, appoint as many persons, possessing the prescribed qualifications as it thinks fit, to be
Commissioners to determine the amount of compensation payable under section 16A and may define the
limits within which each such Commissioner shall exercise the powers and discharge the functions
conferred or imposed on him by or under this Act.
16C. Application for compensation.—(1) An application for payment of compensation under
section 16A may be made to the Commissioner—
(a) by the person who has sustained the injury; or
(b) by any agent duly authorised by the person who has sustained the injury; or
(c) where the person who has sustained the injury is a minor, by his guardian; or
(d) where death has resulted out of the collapse of the house, by any dependant of the deceased or
by any agent duly authorised by such dependant or, if such dependant is a minor, by his guardian.
(2) Every application under sub-section (1) shall be in such form and shall contain such particulars as
may be prescribed.
(3) No application for compensation under this section shall be entertained unless it is made within
six months of the collapse of the house:
Provided that the Commissioner may, if he is satisfied that the applicant was prevented by sufficient
cause from making the application within the aforesaid period of six months, entertain such application
within a further period of six months.
Explanation.—In this section, the expression “dependant” has the meaning assigned to it in clause (d)
of section 2 of the Workmen's Compensation Act, 1923 (8 of 1923).
16D. Procedure and powers of Commissioner.—(1) On receipt of an application under section
16C, the Commissioner may make an inquiry into the matter covered by the application.
1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960).
2. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).
13
(2) In determining the amount of compensation payable under section 16A, the Commissioner may,
subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit.
(3) The Commissioner shall have all the powers of a civil court while trying a suit under the Code of
Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed.
(4) Subject to any rules that may be made in this behalf, the commissioner may, for the purpose of
determining any claim or compensation, choose one or more persons possessing special knowledge of any
matter relevant to the inquiry to assist him in holding the inquiry.
16E. Liability to pay compensation, etc., to be decided by Commissioner.—(1) Any question as to
the liability of an employer to pay compensation under section 16A, or as to the amount thereof, or as to
the person to whom such compensation is payable, shall be decided by the Commissioner.
(2) Any person aggrieved by a decision of the Commissioner refusing to grant compensation, or as to
the amount of compensation granted to him, or to the apportionment thereof, may prefer an appeal to the
High Court having jurisdiction over the place where the collapse of the house has occurred, within ninety
days of the communication of the order of the Commissioner to such person:
Provided that the High Court may entertain any such appeal after the expiry of the period aforesaid if
it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such
period:
Provided further that nothing in this sub-section shall be deemed to authorise the High Court to grant
compensation in excess of the amount of compensation payable under section 16A.
(3) Subject to the decision of the High Court in cases in which an appeal is preferred under
sub-section (2), the decision of the Commissioner under sub-section (1) shall be final and shall not be
called in question in any court.
16F. Saving as to certain rights.—The right of any person to claim compensation under section 16A
shall be without prejudice to the right of such person to recover compensation payable under any other
law for the time being in force; but no person shall be entitled to claim compensation more than once in
respect of the same collapse of the house.
16G. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,
make rules for giving effect to the provisions of sections 16A to 16F (both inclusive).
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for—
(i) the qualifications and conditions of service of Commissioners;
14
(ii) the manner in which claims for compensation may be inquired into and determined by the
Commissioner;
(iii) the matters in respect of which any person may be chosen to assist the Commissioner under
section 16D and the functions that may be performed by such person;
(iv) generally for the effective exercise of any powers conferred on the Commissioner.]
17. Other facilities.—The State Government may make rules requiring that in every plantation the
employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other
like amenities for the protection of workers from rain or cold as may be prescribed.
18. Welfare officers.—(1) In every plantation wherein three hundred or more workers are ordinarily
employed the employer shall employ such number of welfare officers as may be prescribed.
(2) The State Government may prescribe the duties, qualifications and conditions of service of
officers employed under sub-section (1).