"Employer" when used in relation to a plantation, means the person who has the ultimate control over the affairs of the plantations, and where the affairs of the plantations, 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 relations to that plantation.
"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.
"Worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any agency, to do any work, skilled, unskilled, manual or clerical and includes a person employed on contract for more than sixty days in a year, but does not include.
- A medical officer employed in the plantation;
- Any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed rupees ten thousand.
- Any person employed in the plantation primarily in a managerial or administrative capacity, notwithstanding that his monthly wages do not exceed rupee ten thousand.
- Any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of building, roads, bridges, drains or canals;
Further, more information on the tea garden workers are briefed below:
- The tea garden workers come under the ambit of the existing Plantations Labour Act and Rules and the economy of Assam is heavily based on tea plantation. This Act extends to the whole of India except the State of Jammu and Kashmir. It applies to any land used or intended to be used for growing tea, coffee, rubber which admeasures (5 hectares) or more and in which (fifteen) or more persons are employed on any day of the proceeding twelve months.
- 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 wholesale drinking water, a sufficient number of latrines & urinals, Medical facilities, Canteens, Crèches, Recreational facilities, Educational facilities, Housing facilities under the provision of this Act.
- Inspector is appointed for making any entry inspection, examination or enquiry under this Act. Every employer shall afford the inspector all reasonable facilities to carry out his powers and functions.
- The Labour Commissioner is empowered to administer and implement all Labour Laws and Rules.
- The State Government may appoint qualified medical practitioners to be certifying surgeons to carry out his duties in tea plantations.
- The employer of tea plantation shall implement the provisions as laid down under the Plantation Labour Act.
- The labourers of tea garden are paid daily wages for their works in tea plantation alongwith weekly holding i.e. a day of rest in every period of seven days.
- As weekly hours no adult worker shall be required or allowed to work on any plantation in excess of (48 hours) a week and no adolescent for more than 27 hours a week.
- Every worker in tea plantations shall be entitled to obtain sickness and maternity benefits from his/her employer.
- Contravenes any provisions of this Act made thereunder, prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable with imprisonment of a term which may extend to (six months, or with fine which may extend to ten thousand rupees, or with both).