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. 17 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 18 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 19 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. 20 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). 21

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