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PLANTATIONS LABOUR ACT, 1951

69 of 1951
[2nd November, 1951]
CONTENTS

CHAPTER 1 :- PRELIMINARY
1. Short title, extent, commencement and application
2. Definitions
3. Reference to time of day
CHAPTER 1A :- REGISTRATION OF PLANTATIONS
3A. Appointment of registering officers
3B. Registration of plantations
3C. Appeals against orders of registering officer
3D. Power to make rules
CHAPTER 2 :- INSPECTING STAFF
4. Chief Inspector and Inspectors
5. Powers and functions of inspectors
6. Facilities to be afforded to inspectors
7. Certifying surgeons
CHAPTER 3 :- PROVISIONS AS TO HEALTH
8. Drinking water
9. Conservancy
10. Medical facilities
CHAPTER 4 :- WELFARE
11. Canteens
12. Creches
13. Recreational facilities
14. Educational facilities
15. Housing facilities
16. Power to make rules relating to housing
16 A . Liability of employer in respect of accidents resulting from
collapse of houses provided by him
16B. Appointment of Commissioners
16C. Application for compensation
16D. Procedure and powers
1 6 E . Liability to pay compensation, etc., to be decided by
Commissioner
16F. Saving as to certain rights
16G. Power to make rules
17. Other facilities
18. Welfare officers
CHAPTER 5 :- HOURS AND LIMITATION OF EMPLOYMENT
19. Weekly hours
20. Weekly holidays
21. Daily intervals for rest
22. Spread-over
23. Notice of period of work
24. Prohibition of employment of young children
25. Night work for women and children
26. Non-adult workers to carry tokens
27. Certificate of fitness
28. Power to require medical examination
CHAPTER 6 :- LEAVE WITH WAGES
29. Application of Chapter
30. Annual leave with wages
31. Wages during leave period
32. Sickness and maternity benefits
CHAPTER 6A :- ACCIDENTS
32A. Notice of accident
32B. Register of accidents
CHAPTER 7 :- PENALTIES AND PROCEDURE
33. Obstruction
34. Use of false certificate of fitness
35. Contravention of provisions regarding employment of labour
36. Other offences
37. Enhanced penalty after previous conviction
37A. Power of court to make orders
38. Exemption of employer from liability in certain cases
39. Cognizance of offences
40. Limitation of prosecutions
CHAPTER 8 :- MISCELLANEOUS
41. Power to give directions
42. Power to exempt
43. General power to make rules
PLANTATIONS LABOUR ACT, 1951
69 of 1951
 [2nd November, 1951]
STATEMENT OF OBJECTS AND REASONS "In spite of the tact that
the plantation industry provides employment for more than a
million workers, there is at present no comprehensive legislation
regulating the conditions of labour in the industry. Tea Districts
Emigrant Labour Act, 1932, which applies only to Assam, regulates
merely the conditions of recruitment of labour for employment in
the tea gardens of Assam. The Workmen's Compensation Act,
1923, which applies to estates growing cinchona, coffee, rubber or
tea also does not confer any substantial benefit on plantation
labour as accidents in plantations are few. The other Labour Acts,
like Payment of Wages Act, 1936, Industrial Employment Standing
Orders Act, 1946and Industrial Disputes Act. 1947, benefit
plantation labour only to a very limited extent. In its report the
Labour Investigation Committee observed "that as the conditions of
life and employment on plantations were different from those in
other industries, it would be very difficult to fit plantation labour in
the general framework of the Industrial Labour Legislation without
creating serious anomalies" and recommended a plantation Labour
Code covering all plantation areas. 2. The present Bill, drafted as
an all-India measure, seeks to regulate the conditions of plantation
labour generally. It applies in the first instance to tea, coffee,
rubber and cinchona plantations, but the State Government may
apply it to any other plantation. Provision is made in the Bill for
assuring to the worker reasonable amenities, as for example, the
supply of wholesome drinking water or suitable medical and
educational facilities or provision for canteens and creches in
suitable cases, or provision for sufficient number of latrines and
urinals separately for males and females. Housing accommodation
is also to be provided for every worker and standards and
specifications of such housing accommodation will be prescribed
after due consultation. The Bill also regulates the working hours of
workers employed in the plantations. 3. Children under 12 are
prohibited from employment in any plantation and State
Governments are empowered to make rules regulating the payment
of sickness or maternity benefits. 4. Necessary provision is made in
the Bill for the appointment of a suitable inspecting, medical or
other staff for the purpose of securing the implementation of the
Various provisions in the Bill."-Gaz, of Ind., 16-6-1951, Pt. II, Sec.
2, p. 517. . Amending Act 34 of 1960.- "The Plantations Labour
Act. 1951, which provides for the welfare of labour and regulates
the conditions of work in plantations has been in operation since
the 1st April 1954. The Act is applicable to gardens admeasuring
twenty-five acres or more and whereon thirty or more persons are
employed. Some employers are fragmenting their plantations into
small units with a view to evading their liabilities under the Act.
T h e amendments mentioned in the Bill are proposed to check
fragmentation of plantations and to ensure more effective working
of the Act". -Gazette of India, 15-2-1960, Pt. II, Section 2, Extra,
page 9.
CHAPTER 1
PRELIMINARY

1. Short title, extent, commencement and application :-

(1) This Act may be called The Plantations Labour Act, 1951.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date" as the Central
Government may, by notification in the Official Gazette, appoint.
OBJECTS AND REASONS Sub-section (5).-"Sub-section (5) is being
added in Section 1 to empower the State Governments to apply all
or any of the provisions of the Act to any plantations less than
10.117 hectares in area or employing less than 30 workers, subject
to the condition that such of these plantations as were in existence
before the commencement of the Act will not be brought within its
scope. This sub-section thus seeks to check the fragmentation of
plantations by employers into small units and to prevent the
establishment of such small units in future with a view to by-
passing the Act". -S.O.R. -Gaz. of Ind., 15-2-1960, Pt. II, S. 2,
Ext. p. 10.
2. Definitions :-
In this Act, unless the context otherwise requires,-
(a) "adolescent" means a person who has completed his 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 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;
(g) "prescribed" means prescribed .by rules made under this Act;
(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;
(1) "young person" means a person who is either a child or an
adolescent.
3. Reference to time of day :-
I n 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 means time ordinarily observed therein; and
(c) permitting such-time to be observed in .all or any of the
plantations situated in that area.
CHAPTER 1A
REGISTRATION OF PLANTATIONS

3A. Appointment of registering officers :-

The State Government may. by notification in the Official Gazette-
(a) appoint such persons, being Gazetted officers of Government as
it thinks fit, to be registering officers for the purposes of this
Chapter, and
(b) define the limits within which a registering officer shall exercise
the powers and discharge the functions conferred or imposed on
him by or under this Chapter.
3B. Registration of plantations :-
(1) Every employer of a plantation, existing at the commencement
of the Plantations Labour (Amendment) Act, 1981 shall, within a
period of sixty days of such commencement, and every employer of
any other plantation coming into existence after such
commencement shall, within a period of sixty days of the coming
i n t o existence of such plantation, make an application.to the
registering officers for the registration of such plantation : Provided
that the registering officer may entertain any such application after
the expiry of the period aforesaid if he is satisfied that the
applicant was prevented by sufficient cause from making the
application within such period.
(2) Every application made under sub-section (1) shall be in such
form and shall contain such particulars and shall be accompanied by
such fees as may be prescribed.
(3) After the receipt of an application under sub-section ( 1 ), the
registering officer shall register the plantation.
(4) Where a plantation is registered under this section, the
registering officer shall issue a certificate of registration to the
employer thereof in such form as may be prescribed.
(5) Where, after the registration of a plantation under this section,
any change occurs in the ownership or management or in the
extent of the area or other prescribed particulars in respect of such
plantation, the particulars regarding such change shall be intimated
by the employer to the registering officer within thirty days of such
change in such form as may be prescribed.
(6) Where as a result of any intimation received under sub-section
(5), the registering officer is satisfied that the plantation is no
longer required to be registered under this section he shall, by
order in writing, cancel the registration .thereof and shall, as soon
as practicable, cause such order to be published in any one
newspaper in the language of, and having circulation in, the area
where the plantation is situated.
3C. Appeals against orders of registering officer :-
3D. Power to make rules :-
(1) The State Government may, by notification in the Official
Gazette, make rules to carry out the purposes of this Chapter.
CHAPTER 2
INSPECTING STAFF

4. Chief Inspector and Inspectors :-

( 1 ) The State Government may, by notification in the Official
Gazette, appoint for the State a duly qualified person to be the
chief inspector of plantations and so many duly qualified persons to
be inspectors of plantations subordinate to the chief inspector as it
thinks fit.
(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 the powers under this Act, and may
himself exercise the powers of an inspector within such limits as
may beassigned to him by the State Government.
5. Powers and functions of inspectors :-
Subject to any rules made by the State Government in this behalf,
an inspector may within the local limits for which he is appointed-
(a) make such examination and inquiry as he thinks fit in order to
ascertain whether the provisions of this Act and of the rules made
thereunder are being observed in the case of any plantation;
(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 of the purposes of this Act;
(d) exercise such other powers as may be prescribed : Provided
that no person shall be compelled under this section to answer any
question or make any statement tending to incriminate himself.
6. Facilities to be afforded to inspectors :-
Every employer shall afford the inspector all reasonable facilities for
making any entry, inspection, examination or inquiry under this
Act.
7. Certifying surgeons :-
(1) The State Government may appoint qualified medical
practitioners to be certifying surgeons for the purposes of this Act
within such local limits or for such plantation or class of plantations
as it may assign to them respectively.
CHAPTER 3
PROVISIONS AS TO HEALTH

8. Drinking water :-
In every plantation effective arrangements shall be made by the
employer to provide and maintain at convenient places in the
plantation a sufficient supply of wholesome drinking water for all
workers.
9. Conservancy :-
(1) There shall be provided separately for males and females in
every plantation a sufficient number of latrines and urinals of
prescribed types so situated as to be convenient and accessible to
workers employed therein.
(2) All latrines and urinals provided under sub-section (1) shall be
maintained in a clean and sanitary condition.
10. Medical facilities :-
(2) If in any plantation medical facilities are not provided and
maintained as required by sub- section ( 1 ) 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 recovere to the collector, who may recover
the amount as an arrears of land revenue.
CHAPTER 4
WELFARE

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.
12. Creches :-
Explanation.- For the purposes of this sub-section and sub-section
(1A), "children" means persons who are below the age of six
years.]
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.
15. Housing facilities :-
It shall be the duly 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 (inclding 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
w h o 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 maybe specified;
(d) the fixing of rent, if any, for the housing accommodation
provided for workers;
(f) access to the public to those parts of the plantation wherein the
workers are housed.
16A. Liability of employer in respect of accidents resulting
from collapse of houses provided by him :-
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 :-
(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.
16D. Procedure and powers :-
(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 :-
(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 :-
T he 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 :-
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).
CHAPTER 5
HOURS AND LIMITATION OF EMPLOYMENT

19. Weekly hours :-

(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.]
20. Weekly holidays :-
(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 containd 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.
21. Daily intervals for rest :-
T he 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.
22. Spread-over :-
The period of work of an adult worker in a plantation shall be so
arranged that inclusive of his interval for rest under section 1 [21]
it shall not spread over more than twelve hours including the time
spent in waiting for work on any day.
1. Substituted for clause (f), by the Plantations Labour
(Amendment) Act, 1960 (34 of 1960), S. 3 (21-11-1960).
23. Notice of period of work :-
( 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.
24. Prohibition of employment of young children :-
Omitted by Child Labour (Prohibition and Regulation) Act (61 of
1986), S. 24 (23-12-86)].
25. Night work for women and children :-
Except with the permission of the State Government, no woman or
child 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.
26. Non-adult workers to carry tokens :-
N o child 1 [x x x x x] and no adolescent shall be required or
allowed to work in any plantation unless--
(b) such child or adolescent carries with him while he is at work a
token giving a reference to such certificate.
1. Substituted for clause (f), by the Plantations Labour
(Amendment) Act, 1960 (34 of 1960), S. 3 (21-11-1960).
27. Certificate of fitness :-
( 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 either as a
child or 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.
28. Power to require medical examination :-
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.
CHAPTER 6
LEAVE WITH WAGES

29. Application of Chapter :-

(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.
30. Annual leave with wages :-
(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 snail cease to earn any leave under this section when
the earned leave due to him amounts to thirty days.
OBJECTS AND REASONS Explanation.- "It is clearwhether the
expression "work performed" appearing in sub-section. ( 1 ) of
Section 30 includes day on which less than the normal day's work is
performed or on which only attendance is put in. The proposed
"Explanation" clarifies the position in this regard. Sub-section (4).-
The existing Section 30 does not provide for grant of leave due to a
worker or wages in lieu of such leave in case his services are
terminated by the employer. The new sub-section (4) makes
necessary provision on this acccount". -S.O.R.
31. Wages during leave period :-
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 over-time earnings or bonus, if any, but inclusive
of dearness allowance.
(1-A) 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.]
OBJECTS AND REASONS Sub-section (1) assubstituted.-"The
period over which the average daily wage should be calculated has
not been specified in Section 31(1). This has been causing difficulty
in the calculation of wages for the leave period. The proposed
amendment seeks to remove this difficulty." -S.O.R.
32. Sickness and maternity benefits :-
CHAPTER 6A
ACCIDENTS

32A. Notice of accident :-

Where in any plantation, an accident occurs which causes death or
which causes any bodily injury to a worker by reason of which the
worker injured is prevented from working for a period of forty-eight
hours or more immediately following the accident, or which is of
such a nature as may be prescribed in this behalf, the employer
thereof shall send notice thereof to such authorities, in such form,
and within such time, as may be prescribed.
32B. Register of accidents :-
The employer shall maintain a register of all accidents which occur
in the plantation in such form and in such manner as may be
prescribed.]
CHAPTER 7
PENALTIES AND PROCEDURE

33. Obstruction :-
(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 authorized by or under this Act in relation to any plantation,
shall be punishable with imprisonment for a term which may extend
to three months, or with fine which may extend to five hundred
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 three months, or with fine which may
extend to five hundred rupees, or with both.
34. Use of false certificate of fitness :-
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 one month, or
with fine which may extend to fifty rupees, or with both.
35. Contravention of provisions regarding employment of
labour :-
Whoever, except as otherwise permitted by or under this Act,
contravenes any provisions 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 three months, or with fine which may
extend to five hundred rupees, or with both.
36. Other offences :-
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 three months, or
with fine which may extend to five hundred rupees, or with both.
37. Enhanced penalty after previous conviction :-
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 six
months, or with fine which may extend to one thousand 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.
37A. Power of court to make orders :-
(2) Where an order is made under sub-section (1), the employer
shall not be liable under this Act in respect of the continuation of
the offence during the period or extended period, as the case may
be. specified by the court, but if, on the expiry of such period or
extended period, the order of the court has not been fully complied
with, the employer shall be deemed to have committed a further
offence and he shall, on conviction, be punishable with
imprisonment for a term which may extend to six months and with
fine which may extend to three hundred rupees for every day after
such expiry. ]
38. Exemption of employer from liability in certain cases :-
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
t h e 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
39. Cognizance of offences :-
No Court shall take cognizance of any offence under this Act except
on complaint made by, or with the previous sanction in writing of,
t he chief inspector and no Court, inferior to that of a Presidency
Magistrate or a Magistrate of the second class shall try any offence
punishable under this Act.
40. Limitation of prosecutions :-
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.
CHAPTER 8
MISCELLANEOUS

41. Power to give directions :-

The Central government may give directions to the Government of
any State as to the carry ing into execution in the State of the
provisions contained in this Act.
42. Power to exempt :-
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. OBJECTS AND
REASONS Proviso asamended in 1960.- "Under Section 42.
previous approval of the Central Government is necessary before
State Government can exempt employers from any provisions of
the Act. Section 19 restricts weekly hours of work to 54 for adults.
Employers are finding it difficult to observe a 54-hour week in a
rush period when tea leaves have to be plucked while in heavy
flush and coffee berries have to be plucked before torrential rains
can bring down the whole of the ripening crop. The restriction of
weekly hours of work to 54 in such cases results in loss of crop to
estates and loss of. earnings to workers paid on piece rates. The
proposed amendment empowers State Governments to exempt
employers froth Section 19 in suitable cases without prior reference
to the Central Government which takes time". -S.O.R.
1. Substituted for clause (f), by the Plantations Labour
(Amendment) Act, 1960 (34 of 1960), S. 3 (21-11-1960).
43. General power to make rules :-
(3) All rules made under this Act shall, if made by any Government
other than the Central Government, be subject to the previous
approval of the Central Government.