2. Definitions.-
In this Act, unless the context otherwise requires,--
(a) "adolescent" means a person who has completed
his fifteenth year but has not completed his eighteenth year;
(b) "adult" means a person who has completed his
eighteenth year;
(c) "child" means a person who has not completed
his fifteenth years";
(d) "day" means a period of twenty-four hours beginning
at midnight;
(e) "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 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 relation
to that plantation;
*[Explanation.--For the purposes of this clause, "the
person who has the ultimate control over the affairs of the
plantation" means in the case of a plantation owned or
controlled by--
(i) a company, firm or other association of individuals,
whether incorporated or not, every director, partner or individual;
(ii) the Central Government or State Government or any local
authority, the person or persons appointed to manage the affairs
of the plantation; and
(iii) a lessee, the lessee;]
(ee) ``family'', when used in relation to a worker, means-
(i) his or her spouse, and
(ii) the legitimate and adopted children of the worker dependent
upon him or her, who have not completed their eighteenth year,
*[and includes parents and widow sister, dependent upon him
or her];
(eee) "inspector" means an inspector of plantation
appointed under sub-section (1) of section 4 and includes
and additional inspector of plantation appointed under sub-section
(IA) of that section;
(f) ``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;
(g) "prescribed" means prescribed by rules made
under this Act;
(h) ``qualified medical practitioner'' means a person holding
a qualification granted by an authority specified or notified
under section 3 of the Indian Medical Degrees Act, 1916, (7
of 1916) or specified in the Schedules to the Indian Medical
Council Act, 1956, (102 of 1956) and includes any person having
a certificate granted under any Provincial or State Medical
council Act;
(i) "wages" has the meaning assigned to it in clause
(h) of section 2 of the Minimum Wages Act, 1948 (XI of 1948);
(j) "week" means period of seven days beginning
at midnight on Saturday night or such other night as may be
fixed by the State Government in relation to plantation in
any area after such consultation as may be prescribed with
reference to the plantations concerned in that area;
(k) ``worker'' means a person employed in a plantations for
hire or reward, whether directly or through 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-
(i) a medical officer employed in the plantation;
(ii) any person employed in the plantation (including any
member of the medical staff) whose
monthly wages exceed *[rupees ten thousand];
(iii) any person employed in the plantation primarily in
a *[managerial or administrative capacity, notwithstanding
that his monthly wages do not exceed rupees ten thousand];
or
(iv) any person temporarily employed in the plantation in
any work relating to the construction, development or maintenance
of buildings, roads, bridges, drains or canals;
(l) "young person" means a person who is either
a child or an adolescent.
*[Inserted/Substituted by the Plantations Labour (Amendment)
Act, 2010]
|