Government Of Tamil Nadu

Abstract

Plantations Labour Act, 1951 and Tamil Nadu Plantation Labour Rules , 1955 - Amendment to Rule 2D(3), 2E(2) - Preliminary Notification - Confirmed.

LABOUR AND EMPLOYMENT (I.2) DEPARTMENT

G.O.Ms.No.5 
Dated: 21.1.2004

Read:-

(1) G.O.Ms.No. 76 Labour and Employment (I2) Department, Dated: 4.6.2003

(2) From the Commissioner of Labour, Chennai-6 Letter     No.P1/29954/03, Dated 3.9.2003 and even No.Dated  31.10.2003.

ORDER:-

In the Government Order 1st read above, the Government have issued preliminary notification to amend Rule 2D(3) and 2E(2) of the Tamil Nadu Plantation Labour Rules, 1955 and objections and suggestions were invited from the persons likely to be affected by that amendments.

2.The Government after examining the objections and suggestions with regard to the amendment, have decided to confirm the preliminary Notification  over-ruling the objections.

3.The appended notification will accordingly be published in the Tamil Nadu Government Gazette both in English and Tamil.

4.The Tamil Development and Religious Endowment Culture (Translation) Department, Chennai-9 is requested to supply the Tamil translation of the Notification to the Works Manager, Government Central Press, Chennai-79 directly.

5.The Works Manager, Government Central Press, Chennai-79 is requested to send five copies of the Gazette in which the notification is published, for record of the Government and 5 copies to the Commissioner of Labour, Chennai-6.

(BY ORDER OF THE GOVERNOR)

M.B.PRANESH,
PRINCIPAL SECRETARY TO GOVERNMENT.

To

The Works Manager, Government Central Press, Chennai-79(2 copies for publication in the Tamil Nadu Government Gazette).

The Director of (Translations) Tamil Development Culture and Religious Endowments Department, Chennai-9 (2 copies).

The Commissioner of Labour,Chennai-6.

Copy to:

The Secretary to Government of India, Ministry of Labour, New Delhi.
The Law Department, Chennai.9.

APPENDIX

NOTIFICATION

In exercise of the powers conferred by sub/section (1) of section 43 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951)and in supersession of the Labour and Employment Department Notification No. S.R.O. A-5/97 dated the 30th October 1996 published at page 6 of Part-III Section 1(a) of the Tamil Nadu Government Gazette dated the 8th January 1997, is hereby published as required by the said sub-section (1), after subjecting the same to the previous approval of the Central Government as required by sub-section (3)  of section 43 of the said Act.

AMENDMENTS.

In the said Rules:-

1. (1)   Iin rule 2-D,
2. (1)   in sub-rule(3) for the expressions, “Rs.10/- (Rupees ten only)” “Rs.5/- (Rupees five only) the expression “Rs.50/- (Rupees fifty only)” shall be substituted;

(ii) after sub-rule(3), the following sub-rules shall  be added, namely:-

(4)The intimation referred to in sub-section (5) of section 3-B shall be sent to the registering officer in Form-1-DD.

1. (1)   Where a certificate of registration issued under sub-rule(1) of rule2-B has been lost, defaced or accidentally destroyed, a duplicate certificate of registration may be granted on payment of fee of Rs.50/- (Rupees fifty only on an application made by the employer.  The registering officer shall write the words “Duplicate Certificate” on the face of the certificate in red ink;
2. (2)   in rule 2-E, in sub-rule(2), for the expression “Rs.10/- (Rupees ten only)”, the expression “Rs.100/-  (Rupees hundred only)” shall be substituted;
3. (3)   for Form 1-B, the following form shall be substituted namely:-j

FORM-1B.

(Prescribed under sub-rule (1) of rule 2-B)

CERTIFICATE OF REGISTRATION

SERIAL NUMBER;

REGISTRATION NO.

Under sub-section(4) of section 3-B of the Plantations Labour Act,1951 (Central Act LXIX of 1951), it is hereby certified that the plantation known as ……………….of Thiru/Tmt ……………………(Name of the employer) employing not more than ………………… workers in the year ……………..has been registered as required under sub-section(3) of section 3-B of the said Act.

This certificate of Registration hereby issued shall be remain in force until it is cancelled under sub-section(6) of section 3-B of the said Act.

Place:                                                                                     Registering Officer:

Date:

Signature of the Registering Officer.

TRANSFERS

1. (4)   after Form 1-D. the following form shall be inserted, namely:-
2. (5)   (FORM-1DD
3. (6)   Prescribed under sub-rule(4) of rule 2-D)

Intimation regarding change of ownership/management/extend of aea/crop/number of workers/staff, etc.

1.  Registration number of plantation:

2.  Name of and address of the plantation:

3.  Name and full address of the employer /proprietor/partner etc.

4.  Nature of change occurred in ownership/management/extend of area/crop/number of workers/staff/etc.

5.  The date on which the change referred to above occurred:

6.  Name and address of the person to whom ownership of the plantation is transferred, in case of change of ownership;

7.  Extent of the area of the plantation decreased/increased and date from which such change occurred;

8.  Extent of the plantation after the change in area;

9.  Number of workers employed before the change:

10. Number of workers employed after the change;

11. Name of the crop proposed  to be grown (if change):

12. Other particulars, if any:

Place:                                                                         Signature of the employer:

DATE;

M.B. PRANESH
PRINCIPAL SECRETARY TO GOVERNMENT.

Section Officer.