workmen, free of charge;
(f)
to provide such protective clothing to the
workmen as may be prescribed; and
(g) in case of fatal accident or serious bodily injury
to any such workman, to report to the specified
authorities of both the States and also the next of kin
of the workman.
Section 4. Duty of employer to pay equal
remuneration to men and women workers for same
work or work of a similar nature.- (1) No employer
shall pay to any worker, employed by him in an
establishment or employment, remuneration, whether
payable in cash or in kind, at rates less favourable than
those at which remuneration is paid by him to the
workers of the opposite sex in such establishment or
employment for performing the same work or work of
a similar nature.
(2) No employer shall, for the purpose of complying
with the provisions of sub-section (1), reduce the rate
of remuneration of any worker.
(3) Where, in an establishment or employment,
the rates of remuneration payable before the
commencement of this Act for men and women
workers for the same work or work of a similar nature
are different only on the ground of sex, then the higher
(in cases where there are only two rates), or as the
case may be, the highest (in cases where there are
more than two rates), of such rates shall be the rate at
which remuneration shall be payable, on and from such
commencement, to such men and women workers:
Provided that nothing in this sub-section shall be
deemed to entitle a worker to the revision of the
rate of remuneration payable to him or her before the
commencement of this Act.
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Section 12. Creches.—(1) In every plantation wherein
fifty or more women workers (including women
workers employed by any contractor) are employed
or were employed on any day of the preceding twelve
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57
months, or where the number of children of women
workers (including women workers employed by any
contractor) is twenty or more, there shall be provided
and maintained by the employer suitable rooms for the
use of children of such women workers.
Explanation.—For the purposes of this sub-section and
sub-section (1A), “children ‘’ means persons who are
below the age of six years.
(1A) Notwithstanding anything contained in subsection (1), if, in respect of any plantation wherein less
than fifty women workers (including women workers
employed by any contractor) are employed or were
employed on any day of the preceding twelve months,
or where the number of children of such women
workers is less than twenty, the State Government,
having regard to the number of children of such
women workers deems it necessary that suitable
rooms for the use of such children should be provided
and maintained by the employer, it may, by order,
direct the employer to provide and maintain such
rooms and thereupon the employer shall be bound to
comply with such direction.
(2) The rooms referred to in sub-section (1) or subsection (1A) shall—
(a) provide adequate accommodation;
(b) be adequately lighted and ventilated;
(c) be maintained in a clean and sanitary condition;
and
(d) be under the charge of a woman trained in the care
of children and infants.
(3) The State Government may make rules prescribing
the location and the standards of the rooms referred
to in sub-section (1) or sub-section (1A)] in respect
of their construction and accommodation and the
equipment and amenities to be provided therein.
Section 15. Housing facilities.—It shall be the duty of
every employer to provide and maintain necessary
housing accommodation—
(a) for every worker (including his family) residing in
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the plantation;
(b) for every worker (including 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 who is a member of the family of a deceased
worker who, immediately before his death, was
residing in the plantation.
Section 32. Sickness and maternity benefits.—(1)
Subject to any rules that may be made in this behalf,
every worker shall be entitled to obtain from his
employer—
(a) in the case of sickness certified by a qualified
medical practitioner, sickness allowance, and
(b) if a woman, in the case of confinement or
expected confinement, maternity allowance, at such
rate, for such period and at such intervals as may be
prescribed.
(2) The State Government may make rules regulating
the payment of sickness or maternity allowance and
any such rules may specify the circumstances in
which such allowance shall not be payable or shall
cease to be payable, and in framing any rules under
this section the State Government shall have due
regard to the medical facilities that may be provided by
the employer in any plantation.
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Section 3. Framing of scheme.—(1) The Central
Government shall formulate and notify, from time
to time, suitable welfare schemes for unorganised
workers on matters relating to— (a) life and disability
cover; (b) health and maternity benefits; (c) old
age protection; and (d) any other benefit as may be
determined by the Central Government.
(2) The schemes included in the Schedule 1 to this Act
shall be deemed to be the welfare schemes under
sub-section (1).
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