Ordinance XXXIX of 1962 · 12 pages
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THE TEA PLANTATIONS LABOUR ORDINANCE, 1962
CONTENTS
CHAPTER I
1. Short title, extent, commencement and application
2. Definitions
CHAPTER II
3. Chief Inspector and Inspectors
4. Powers and functions of inspectors
5. Facilities to be provided to inspector
6. Notice to inspector before commencement of work
7. Certifying surgeons
CHAPTER III
8. Drinking water
9. Conservancy
10. Medical facilities
CHAPTER IV
11. Canteens
12. Creches
13. Recreational facilities
14. Educational facilities
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15. House building facilities
16. Facilities for daily necessities, etc.
17. Welfare Officers
CHAPTER V
18. Weekly hours, spread-over and daily intervals for rest
19. Weekly holidays
20. Notice of period of work
21. Prohibition of employment of young children
22. Night work for women and children
23. Non-adult workers to carry tokens
24. Certificate of fitness
25. Power to require medical examination
CHAPTER VI
26. Application of Chapter
27. Annual leave with wages
28. Festival holidays
29. Sick leave
30. Wages during leave or holiday period
31. Extra wages for overtime
CHAPTER VII
32. Obstruction
33. Penalty for contraventions of provisions relating to medical facilities
34. Use of false certificate of fitness
35. Contravention of provisions regarding employment of labour
36. Other offences
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37. Enhanced penalty after previous conviction
38. Exemption of employer from liability in certain cases
39. Cognizance of offences
40. Limitation of prosecutions
41. Indemnity
CHAPTER VIII
42. Leave for person simultaneously engaged in a tea factory and a tea plantation
43. Power to exempt
44. General power to make rules
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THE TEA PLANTATIONS LABOUR ORDINANCE, 1962
ORDINANCE No. XXXIX OF 1962
[4th June, 1962]
An Ordinance to provide for the welfare of labour, and to regulate the conditions of work, in tea
plantations
WHEREAS it is expedient to provide for the welfare of labour, and to regulate the conditions
of work, in tea plantations;
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958,
and in exercise, of all powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance :-
CHAPTER I
1. Short title, extent, commencement and application.___(1) This Ordinance may be called
the Tea Plantations Labour Ordinance, 1962.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
(4) It applies in the first instance to all tea plantations, but the Provincial Government may,
by notification in the official Gazette, apply it to any other area of land measuring twenty-five acres
or more and used or intended to be used for growing tea whereon less than thirty persons are
employed, or were employed on any day of the preceding twelve months.
2. Definitions.—In the Ordinance, unless there is anything repugnant in the subject or
context,-
(a) “adolescent” means a person who has completed his fifteenth year but has not
completed his seventeenth year ;
(b) “adult” means a person who has completed his seventeenth year;
(c) “child” means a person who has not completed his fifteenth year;
(d) “day” means a period of twenty four hours beginning at midnight;
(e) “employer” when used in relation to a tea plantation means the person who
has ultimate control over the affairs of the tea plantation, and where the affairs
of any tea 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 tea plantation;
(f) “prescribed” means prescribed by rules made under this Ordinance;
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(g) “tea plantation” means any land used or intended to be used for growing tea
which measures twenty five acres or more and whereon thirty or more persons
are employed, or were employed on any day of the preceding twelve months ;
(h) “wages” has the meaning assigned to it in clause (vi) of section 2 of the
Payment of Wages Act, 1936 (IV of 1936) ;
(i) “week” means a period of seven days beginning at midnight on Saturday night
or such other night as may be fixed by the Provincial Government in relation
to tea plantations in any area after such consultation as may be prescribed with
reference to the tea plantations concerned in that area ;
(j) “worker” means a person employed in a tea plantation for hire or reward,
whether directly or through any agency, to do any work, skilled, unskilled,
manual or clerical, but does not include-
(i) a medical officer at the plantation ;
(ii) any person whose monthly wages exceed five hundred rupees; or
(iii) a person employed in a tea plantation primarily in a managerial
capacity notwithstanding that his monthly wages do not exceed five
hundred rupees ;
(k) “young” person means a person who is either a child or an adolescent.
CHAPTER II
3. Chief Inspector and Inspectors.___(1) The Provincial Government may, by notification in
the official Gazette, appoint for the Province a duly qualified persons to be the chief inspector of tea
plantations and so many duly qualified persons to be inspectors of tea plantations subordinate to the
chief inspector as it thinks fit.
(2) Subject to such rules as may be made in this behalf by the Provincial Government, the
chief inspector may declare the local area or areas within which, are the tea plantations with respect
to which, inspectors shall exercise their powers under this Ordinance, and may himself exercise the
powers of an inspector within such limits as may be assigned to him by the Provincial Government.
(3) The chief inspector and all inspectors shall be deemed to be public servants within the
meaning of section 21 of the Pakistan Penal Code (Act XIV of 1860).
4. Powers and functions of inspectors.—Subject to any rules made by the Provincial
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 Ordinance and of the rules made thereunder are
being observed in the case of any tea plantation;
(b) with such assistants from amongst persons in the employment of Government
or of any municipal body or other local authority, as he thinks fit, enter,
inspect and examine any tea plantation or part thereof at any reasonable time
for the purpose of carrying out the objects of this Ordinance;
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(c) examine any worker employed in any tea plantation or require the production
of any register or other document maintained in pursuance of this Ordinance,
and take on the spot or otherwise statement of any persons which he may
consider necessary for carrying out the purposes of this Ordinance ; and
(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.
5. Facilities to be provided to inspector.—Every employer shall afford the inspector all
reasonable facilities for making any entry, inspection, examination or inquiry under this Ordinance.
6. Notice to inspector before commencement of work.—Before work is begun in any tea
plantation after the commencement of this Ordinance, the employer shall, send to the inspector a
written notice containing—
(a) the name of the tea plantation and its situation;
(b) the address to which communications relating to the tea plantation should be
sent ; and
(c) such other particulars as may be prescribed for the purposes of this Ordinance.
7. Certifying surgeons.___(1) The Provincial Government may appoint medical practitioners
having the prescribed qualifications to be certifying surgeons for the purposes of this Ordinance
within such local limits or for such tea plantation or class of tea plantations as it may assign to them
respectively.
(2) The certifying surgeon shall carry out such duties as may be prescribed in connection
with-
(a) the examination and certification of workers ; and
(b) the exercise of such medical supervision as may be prescribed where young
persons are, or are to be, employed in any work in any tea plantation which is
likely cause injury to their health.
CHAPTER III
8. Drinking water.—In every tea plantation such arrangements as may be prescribed shall be
made by the employer to provide and maintain at convenient places in the tea 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 tea
plantation a sufficient number of latrines and unrinals of prescribed types and number 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.
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10. Medical facilities.—In every tea plantation there shall be provided and maintained so as
to be readily available such medical facilities for the workers as may be prescribed.
CHAPTER IV
11. Canteens.___(1) The Provincial Government may make rules requiring that in every tea
plantation wherein one hundred and fifty or more 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 food-stuffs which may be served therein and the charges which may be
made therefor;
(d) the constitution of managing committee for the canteen and the representation
of the workers in the management of the canteen ; and
(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.—The Provincial Government may make rules providing that in every tea
plantation wherein forty or more women workers are employed or were employed on any day of the
preceding twelve months the employer shall provide and maintain, in such manner and of such-
standard as may be prescribed, rooms for the use of such of the children of the women workers as are
below the age of six years.
13. Recreational facilities.—The Provincial Government tray make rules requiring every
employer to make provision in his tea plantation for such recreational facilities for the workers and
their children as may be prescribed.
14. Educational facilities.—Where the children between the ages of six and twelve of
workers employed in any tea plantation exceed twenty five in number, the Provincial 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. House building facilities.—It shall be the duty of every employer to provide house-
building facilities to every worker and his family residing in the tea plantation according to such
scale as may be prescribed.
16. Facilities for daily necessities, etc.—It shall be the duty of the employers to provide
facilities within easy reach of the employees for obtaining the daily necessities of life through co-
operative or other means and also to provide the employees with such amenities for protection from
adverse weather conditions as may be prescribed.
17. Welfare Officers.___(1) In every tea plantation wherein three hundred or ,more workers
are ordinarily employed the employer shall employ such number of Welfare Officers as may be
prescribed.
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(2) The Provincial Government may prescribe the duties, qualifications and conditions of service of
officers employed under sub-section (1).
CHAPTER V
18. Weekly hours, spread-over and daily intervals for rest.—The Provincial Government
may make rules providing for the regulation of the weekly working hours, their spread-over per day,
and the daily intervals for rest, for the workers,
19. Weekly holidays.___(1) The Provincial Government may make rules providing for-
(a) a day of rest in every period of seven days which shall be allowed to all
workers ; and
(b) payment for work done on a day of rest at such overtime rate as may be
prescribed under section 31.
(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 tea plantation, nothing
contained 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.— 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.
20. Notice of period of work.___(1) There shall be displayed and correctly maintained in
every tea plantation, in such form and manner as may be prescribed, a notice of periods of work
showing clearly for every day the periods during which the workers may be required to work.
(2) Subject to the other provisions of this Ordinance, no worker shall be required or allowed
to work in any tea plantation otherwise than in accordance with the notice of periods of work
displayed in the tea 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.
21. Prohibition of employment of young children.—No child who has not completed his
twelfth year shall be required or allowed to work in any tea plantation.
22. Night work for women and children.—Except with the permission of the chief
inspector, no woman or child worker shall be a employed in any tea 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 tea plantations.
23. Non-adult workers to carry tokens.—No child who has completed his twelfth year and
no adolescent shall be required or allowed to work in any tea plantation unless-
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(a) a certificate of fitness granted with reference to him under section 24 is in the
custody of the employer ; and
(b) such child or adolescent carries with him while he is at work a toke giving a
reference to such certificate.
24. 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 tea 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 in the tea plantation, examine such person, and ascertain his fitness
for work as a child or 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.
25. Power to require medical examination.— An inspector may, if he thinks necessary so
to do, cause any young person employed in a tea plantation to be examined by a certifying surgeon.
CHAPTER VI
26. Application of Chapter.—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.
Explanation.—For the purpose of this Chapter leave shall not, except as provided in section
27, include weekly holidays or holidays for festivals or other similar occasions.
27. Annual leave with wages.___(1) Every worker shall be allowed leave with wages for a
number of days calculated at the rate of.
(a) if an adult, one day for every thirty days of work performed by him; and
(b) if a young person, one day for every twenty days of work performed by him:
Provided that a period of leave shall be inclusive of any holiday which may occur during such
period.
(2) if a worker does not in any one period of twelve months taken 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 shall cease to earn any leave under this section when the leave with wages due
to him amounts to thirty days.
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28. Festival holidays.—Every worker shall be allowed in a year not less than five days’ paid
festival holidays which shall be determined by the employer in consultation with the workers.
29. Sick leave.—Every worker shall be allowed in a year fifteen days sick leave on half
average wages.
30. Wages during leave or holiday period.___(1) For the leave or holidays allowed to a
worker under section 27 and section 28 he shall be paid at the rate equal to daily average of his total
full-time wages for the days on which he worked, exclusive of any overtime earnings and bonus, if
any, but inclusive of dearness allowance and cash equivalent of any advantage accruing from the
occasional supply by the employer of food grains.
(2) A worker who has been allowed leave under section 27 for any period not less than four
days in the case of an adult and five days In the case of a young person shall, before his leave begins,
be paid his wages for the period of the leave allowed.
31. Extra wages for overtime.—Where a worker works on any day or in a week for more
than the hours fixed under section 18, he shall be entitled in respect of the overtime worked to wages
at such rate as may be prescribed.
CHAPTER VII
32. Obstruction.___(1) Whoever obstructs an inspector in the discharge of his duties under
this Ordinance or refuses or willfully neglects to afford the inspector any reasonable facility for
making any inspection, examination of inquiry authorized by or under this Ordinance 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 willfully refuses to produce on the demand of an inspector any register or other
document kept in pursuance of this Ordinance, 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 Ordinance, 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.
33. Penalty for contraventions of provisions relating to medical facilities.—Any employer
who contravenes the provisions of section 10 shall be punishable with imprisonment 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 24 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 Ordinance, contravenes any provision of this Ordinance or of
any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a tea
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.
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36. Other offences.—Whoever contravenes any of the provisions of this Ordinance or of any
rules made thereunder for which no other penalty is elsewhere provided by this Ordinance or the
rules, 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 Ordinance 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.
38. Exemption of employer from liability in certain cases.—Where an employer charged
with an offence under this Ordinance 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 the 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 Ordinance ; and
(b) that the other person committed the offence in question without his
knowledge, consent or connivance ; the said other person shall be convicted of
the offence and shall be liable to the like punishment as if he were the
employer and the employer shall be acquitted:
Provided that—
(a) the employer may be examined on oath and his evidence and that of any
witness whom .he calls in his support shall be subject to cross-examination on
behalf of the person he charges to be the actual offender and by the prosecutor;
and
(b) if, in spite of due diligence, the person alleged as the actual offender cannot be
brought before the court on the day appointed for the hearing of the ease, court
shall adjourn the hearing thereof from time to time so, however, that the total
period of such adjournment does not exceed three months, and if, by the end
of the said period, the person alleged as the actual offender cannot still be
brought before the court, the court shall proceed to bear the case against the
employer.
39. Cognizance of offences.___ No court shall take cognizance of any offence punishable
under this Ordinance except on complaint made by the chief inspector or any person authorized by
him in this behalf and no court inferior to that of a Magistrate of the first class shall try any offence
punishable under this Ordinance.
40. Limitation of prosecutions.—No court shall take cognizance of any offence punishable
under this Ordinance unless the complaint thereof has been made or is made within three months
from the date on which the alleged commission of the offence comes to the knowledge of an
inspector:
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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.
41. Indemnity.—No suit, prosecution or other legal proceeding shall lie against any person
for anything which is in good faith done or intended to be done under this Ordinance.
CHAPTER VIII
42. Leave for person simultaneously engaged in a tea factory and a tea plantation.—If a
person is employed within the same year both in the tea plantation covered by this Ordinance and a
tea processing factory covered by the Factories Act, 1934 (XXV of 1934), under the sane
management, he shall be entitled to the maximum facilities provided under either this Ordinance or
that Act so far as annual leave, sick leave and other similar conditions are concerned.
43. Power to exempt.—The Provincial 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 Ordinance.
44. General power to make rules.—The Provincial Government may, subject to the
conditions of previous publication, make rules to carry out the purposes of this Ordinance.
Dated: 05.04.24
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