ABSTRACT
Plantations Labour Act, 1951 (Central Act 69 of 1951) and the Tamil Nadu Plantation
Labour Rules, 1955- Amendments to Tamil Nadu Plantations Labour Rules, 1955-
Preliminary Notification – Published.
Labour
and Employment (I2) Department
G.O.(Ms).NO.
65
DATED:
25.04.2005
READ:-
(1) From the Commissioner of Labour,
Chennai-6, Letter No.P1/33990/03, dated 12-9-2003,
16-12-2003 and 3-3-2004 and letter No.P1/74334/03,
dated 3-5-2004 and 26-5-2004.
(2) From the Assistant Director,
Government of India, Ministry of Labour and Employment,
New Delhi. Letter No.S-66012/1/2005-IR(PL), Dated.28.2.2005. ----- ORDER:
The appended Notification shall
be published in the Tamil Nadu Government Gazette
both in English and Tamil.
2. The Works Manager, Government
Central Press, Chennai-79, is requested to send
50 copies of the Notification to the Government
for reference and record. He is also requested
to send 20 copies of the Notification direct
to the Commissioner of Labour, Chennai-600 006. (BY ORDER OF TE GOVERNOR)
M.B.PRANESH
PRINCIPAL SECRETARY TO GOVERNMENT. To
The Works Manager, Government
Central Press, Chennai-79.(w.e) (2 copies)
The Commissioner of Labour, Chennai-6.
The Secretary to Government, Tamil
Development, Culture and Religious Endowments (Translations)
Department, Chennai-9. (2 copies).
The Secretary to Government of
India, Ministry of Labour and Employment, New Delhi. Copy to:
The Law Department, Chennai-9.
Labour and Employment (E) Department,
Chennai-9.
S.F/S.C /
Clean Copy for file. //Forwarded by order//
SECTION OFFICER.
APPENDIX
NOTIFICATION
The following draft of an amendment
to the Tamil Nadu Plantations Labour Rules, 1955,
which it is proposed to issue, in exercise of the
powers conferred by sub-section (1) of section
43 read with section 18 of the Plantation Labour
Act, 1951 (Central Act LXIX of 1951) is hereby
published for information of all the persons likely
to be affected thereby as required by sub-section
(1) of section 43 of the said Act.
2. Notice is hereby given that
the draft amendment will be taken into consideration
on or after the expiry of six weeks from the date
of publication of this Notification in the Tamil
Nadu Government Gazette and that any objection
or suggestion which may be received from any person
with respect thereto before the expiry of the aforesaid
period will be considered by the Government of
Tamil Nadu. Objection or suggestion, if any, should
be addressed to the Principal Secretary to Government,
Labour and Employment Department, Fort St.George,
Chennai-600009, through the Commissioner of Labour,
Chennai-600 006.
DRAFT AMENDMENT
In the said Rules, after chapter
VII, the following chapter shall be added, namely:-
"CHAPTER VIII.
WELFARE OFFICERS.
85.Welfare Officers.- The employer
of every plantation, wherein three hundred or more
workers are ordinarily employed, shall appoint
at least one welfare officer:
Provided that where the number
of workers exceeds one thousand and five hundred,
one welfare officer to be designated as assistant
welfare officer, shall be appointed for every one
thousand and five hundred workers or a fraction
thereof, if such fraction exceeds three hundred:
Provided further that in a plantation,-
(i) where three hundred or more,
but not more than one thousand and five hundred
workers are employed and the majority of the workers
are women, the welfare officer to be appointed
shall be a woman;
(ii) where the number of workers
exceeds one thousand and five hundred, of whom
more than three hundred but not more than one thousand
and five hundred are women, the assistant welfare
officer to be appointed under the first proviso
shall be a woman; and
(iii) where the number of women
workers exceeds one thousand and five hundred,
the assistant welfare officers to be appointed
shall be a woman at the rate of one assistant welfare
officer for every one thousand and five hundred
women workers or fraction thereof, if such fraction
exceeds three hundred.
86. Qualifications.- No person
shall be eligible for appointment as welfare officer,
unless he possesses the following qualifications,
namely:-
1)(a) a Master's Degree in Labour
Management (or) a Bachelors Degree in Labour Management
awarded by the Tamil Nadu Institute of Labour Studies,
Chennai; or
(b) a Post Graduate Degree or
Diploma in Social Work, Social Science, Personnel
Management, Labour Relations or Social Welfare
with Labour Laws on Industrial Relations and Labour
Welfare or Industrial Relations as a main subject,
of any University or Institution recognised by
the University Grants Commission for the purpose
of its grant ; or
(c) a Post Graduate Diploma in
Labour Administration awarded by the Tamil Nadu
Institute of Labour Studies, Chennai; or
(d) a Post Graduate Diploma in
Personnel Management, Industrial Relations and
Labour Welfare awarded by Productivity Councils
in Tamil Nadu or any other Institutions recognised
by the State Government for this purpose; or
(e) a
Post Graduate Diploma in Labour Laws & Administrative
Laws conducted by Dr. Ambedkar Government Law
College, Chennai; or
(f) a Degree of any University
or Institution recognised by he University Grants
Commission for the purpose of its grant and a Diploma
in Labour Laws awarded by the Indian Law Institute,
New Delhi.
(2) adequate knowledge of the
language spoken by the majority of the workers
in the plantation to which he is to be attached:
Provided that in the case of a
person who is employed as a welfare officer at
the time of publication of this Notification in
the Tamil Nadu Government Gazette, the State Government
may subject to such conditions as it may specify,
relax all or any of the aforesaid qualifications.
87.Recruitment of welfare officers.-
(1) Vacancies in the post of welfare officers shall
be advertised in two daily newspapers having wide
circulation in the State, one of which shall be
in Tamil and the other in English:
Provided that the vacancies in
the Government Undertaking plantations and private
plantations financially assisted by the Government
shall be filled up through the Employment Exchange.
Provided further that vacancies
in the said plantations shall be advertised in
the newspapers only after obtaining non-availability
certificate from the Employment Exchange.
(2) Selection for appointment
to the post of welfare officer shall be made from
among the candidates applying for the post by a
committee appointed by the employer of the plantation.
(3) The appointment when made
shall be notified by the employer to the State
Government or such other authority as the State
Government may specify for the purpose, giving
the details of the qualifications, age, pay, previous
experience and other relevant particulars of the
officer appointed and the terms and conditions
of his service.
88. Conditions of Service of welfare
officer.- (1) A welfare officer shall be given
appropriate status corresponding to the status
of a member of the plantation executive staff.
(2) The Conditions of service
of a welfare officer shall be the same as those
of other members of the staff corresponding status
in the plantation:
Provided that in the case of discharge
or dismissal , the welfare officer/assistant welfare
officers shall have a right of appeal to the chief
inspector of plantations whose decision thereon
shall be final and binding upon the employer of
the plantation.
The appeal shall be preferred
within thirty days from the date of receipt by
the welfare officer of the order or discharge or
dismissal.
(3) The welfare officer shall
be started on a suitable scale of pay minimum of
which shall not be less than Rs.8000/- per mensem
for the welfare officer and Rs.5,500/- per mensem
for the assistant welfare officer, inclusive of
the Dearness Allowance.
(4) No penalty shall be imposed
upon a welfare officer by the management unless
he has been first informed in writing of the grounds
on which it is proposed to take action and has
been afforded an adequate opportunity of defending
himself.
89. Duties of welfare Officers.-
The duties of the welfare officer shall be-
(a) to establish contacts and
hold consultations with a view to maintaining harmonious
relations between the plantation management and
workers;
(b) to bring to the notice of
the plantation management the grievances of workers,
individual as well as collective with a view to
securing their expeditious redress and to act as
a liaison officer between the management and labour;
(c) to study and understand the
point of view of labour in order to help the plantation
management to shape and formulate labour policies
and to interpret these policies to the workers
in a language they can understand;
(d) to watch industrial relations
with a view to using his influence in the event
of a dispute between the plantation management
and workers and to help to bring about a settlement
by persuasive effect;
(e) to
advise on fulfillment by the management and the
concerned departments of the plantation of obligations,
statutory or otherwise, concerning regulation
of working hours, maternity benefit, medical
care, compensation of injuries and sickness and
other welfare and social benefit
measures;
(f) to advise and assist the management
in the fulfillment of its obligations statutory
or otherwise, concerning prevention of personal
injuries and maintaining a safe work environment
(g) to promote relations between
the concerned departments of the plantation and
workers which will bring about productive efficiency
as well as amelioration in the working conditions
and to help workers to adjust and adapt themselves
to the working environment;
(h) to encourage the formation
of works and Joint Production Committee, Co-operative
Societies and Welfare Committees such as Works
Committee, Sub - Committee and to supervise their
work;
(i) to encourage provision of
amenities such as canteens, shelters for rest,
school, creches, adequate latrine facilities, drinking
water, medical facilities and superannuation benefits;
(j) to help the plantation management
in regulating the grant of leave with wages and
explain to the workers the provisions relating
to leave with wages and other leave privileges
and to guide the workers in the matter of submission
of application for grant of leave for regulating
authorised absence;
(k) to advise on provision of
welfare facilities, such as housing facilities,
social and recreational facilities, sanitation,
advise on individual personnel problems and education
of children;
(l) to
advise the plantation management on questions
relating to training of new starters and supervisors,
supervision and control of notice board and information
bulletins to further education of workers and
to encourage their attendance at technical
institutes;
(m) to suggest measures which
will serve to raise the standard of living of workers
and in general promote their well being;
(n) to work for the improvement
of educational facilities and to promote adoption
of the family welfare measures amongst the workers;
and
(o) to implement the scheme of
eradication of illiteracy among the workers in
coordination with the Education Department authorities
or any other agencies as the case may be.
90. Welfare officers not to deal
with disciplinary cases or appear on behalf of
the management against workers.-
No welfare officer shall deal
with any disciplinary case against a person employed
in a plantation or appear before a Conciliation
Officer, Court or Tribunal on behalf of the management
of the plantation against a person or persons employed
in the plantation except when he is required by
the Conciliation Officer, Court, or Tribunal to
appear as an independent witness.
Provided
that nothing in this rule shall be deemed to
prohibit a person employed in a plantation from
approaching the welfare officer in respect of
a grievance arising out of any case of disciplinary
action against him."
//TRUE COPY//
SECTION OFFICER. |
