Rule 51. Provisions of Facilities to workers under sub-section (1) (a) to (d) of section 92

(1) Housing Accommodation:

(a) Every employer shall provide for every worker and his family residing in a plantation rent free housing accommodation as near as possible to the place of work. It shall be open to an employer to provide such accommodation in the course of several years provided that houses shall be built at least for 20 (twenty) per cent of the resident workers every year.

(b) All housing accommodation for workers in a plantation shall conform to such standards and specifications as may be approved by the State Government. The schemes shall contain the following provisions:-(i) Plan and Site-Plan, in duplicate, of the building to be constructed or recommended for use as workers houses.

(ii) The type and design which is proposed to be adopted for the construction of houses, such design being in conformity with the standards and specifications as may be approved by the State Government.

(iii) The housing accommodation is to be provided in respect of all resident workers in a plantation within a period of 5 years.

(c) Every employer shall submit a report to the Chief Inspector-cum-Facilitator regarding the progress made in accordance with the scheme approved by the State Government on or before 31st January every year in Form – XXV.

(d) The housing accommodation shall be provided within well-drained land, consistent with the requirements regarding distance from the plantation, and has supplies of wholesome drinking water within a reasonable distance. The houses shall be provided at a safe distance from the swamps and marshes and above the highest flood level.

(e) Adequate lighting arrangements shall be provided in and around the area in which housing accommodation is provided.

(f) The employer shall maintain in good condition, the approach roads and paths to the area where houses are located as also the sewers and drains in that area.

(g) The employer shall not deny to the public, free access to those parts of the plantation where the workers are housed.

(h) The employer shall cause the vicinity of all houses to be kept clear of refuse and excreta and the latrines and drains to be cleaned out daily and all refuse in or near them to be collected, removed and disposed of hygienically.

(2) Maintenance of Houses:

(a) The employer shall, at his own expense, execute such repairs to the houses as may be required from time to time and maintain the houses in fit and safe condition for occupation.

(b) A worker occupying a house may, and an Inspector-cum-Facilitator appointed under the Code shall bring to the notice of the employer any defect in the condition of a house which may be dangerous to the health and safety of the workers. Where an Inspector-cum-Facilitator so brings such defects to notice, it shall be the duty of the employer to rectify them without any delay.

(c) The employer shall get all the houses lime-washed at least once every year and all the doors, windows and other wooden structure varnished or painted once in three years. A record of dates on which lime-washing or painting was carried out shall be maintained in a register in Form – XXVI.

(3) Allotment and Occupation of Houses:

(a) Houses shall be allotted on the basis of one house each for a worker having a family for the use of the worker and his family:

Provided that if there are two or more adult workers in a family only one house shall be allotted in respect of spouses.

Provided further, that in case of termination of services of a worker in whose name a house is allotted under the preceding proviso, the house shall be allotted in the name of any other member of his family who is a worker.

(b) The employer may allot houses to workers not having families, at the rate of one house for not more than four such workers.

(c) The occupant of a house shall not make any unauthorized additions to or alterations in the house.

(d) The occupant of a house shall not exchange the house with the occupant of another house except with the written permission of the employer.

(e) The occupant shall not let out the house or any portion thereof to any person.

(f) All workers and members of their families occupying the houses shall use the latrines provided and shall not pollute the soil and shall keep the houses and the precincts thereof clean and tidy and shall not waste drinking water.

(g) No cattle or goats shall be kept in the living rooms or verandahs and no windows or air spaces shall be blocked up.

(h) The employer shall bring to the notice of each worker to whom housing accommodation has been provided, the conditions governing the occupation of such accommodation in writing in a language which the latter can understand.

(4) Occupation of Accommodation after Termination of Employment: When a worker dies in the service of the employer or retires or goes on transfer, or resigns, or goes on leave or when his services are terminated, he or his family may retain the house up to the period as detailed below:-

(a) in the case of death, transfer or termination of service, for a period not exceeding two months ;

(b) in the case of retirement or resignation, for a period not exceeding one month ;

(c) in the case of leave, for the period of leave ; and

(d) in the case where discharge or dismissal of a worker results in an industrial dispute, for so long as the case is not finally disposed of.

(5) Drinking Water:

(a) An adequate supply of drinking water shall be made available in every plantation at every site, at all times during working hours.

(b) Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to free the possibility of pollution by chemical or bacterial or extraneous impurities.

(c) Where drinking water is supplied from such well or reservoir, the water in it shall be sterilized periodically as required by the Inspector-cum-Facilitator by written order, and the date on which sterilizing is carried out shall be recorded:

Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated before it is supplied for consumption.

(d) The Inspector-cum-Facilitator may, by order in writing, direct the employer to obtain at such time or at such intervals as he may direct, a report from the Health Officer, regarding the fitness for human consumption of the water supplied to workers and in every case shall submit to the Inspector-cum-Facilitator a copy of such report as soon as it is received from the Health Officer.

(e) Drinking water shall be supplied at work sites at conveniently accessible points through water carrier or by tankers, etc.

(6) Latrine Accommodation:

(a) Latrine accommodation shall be provided in every plantation on the scale of one latrine for every fifty acres of the area under cultivation or part thereof:

Provided there shall be at least one latrine each for either sex.

(b) The latrine shall be conveniently situated and shall have exclusive access for either sex.

(c) The walls, ceilings and partitions of every latrine and urinal shall be white- washed and colour-washed and the white-washing or colour-washing shall be repeated at least once in every period of four months.

(d) The latrine should conform to public health requirements and latrines other than those connected with an efficient water-borne sewage system, shall comply with the requirements of the Public Health authorities.

(e) Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings.

(f) Where workers of both sexes are employed, there shall be displayed outside each latrine or latrine block, a notice in Hindi and also in the language understood by the majority of workers “For Men Only” or “For Women only”, as the case may be. The notice shall also bear the figure of a man or of a woman, as the case may be.

(g) Where piped water supply is available, a sufficient number of water taps, conveniently accessible shall be provided in or near such latrine accommodation and if piped water supply is not available, sufficient quantity of water shall be kept stored in suitable receptacles near the latrines.

(7) Urinal Accommodation:

(a) Urinal accommodation shall be provided on the scale of one urinal for every 10 acres of the area under cultivation or part thereof. The urinals shall be conveniently situated for both males and females and shall be exclusive for either sex.

(b) Urinals should conform to public health requirements, urinals other than those connected with an efficient waterborne sewage system shall comply with the requirements of the Public Health authorities.

(8) Construction and Maintenance of Drains: All drains carrying waste or sullage water shall be constructed in masonry or other impermeable materials and shall be regularly flushed and the effluent shall be disposed of by connecting such drains with a suitable drainage line:

Provided where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Health Officer.

(9) Crèches:

(a) In every plantation wherein fifty or more women workers are employed or were employed on any day of the preceding twelve months, the employer shall provide and maintain a creche or creches for the use of their children who are below the age of six years according to the standards laid down in these rules.

(b) Every creche shall be conveniently accessible to the mothers of the children accommodated therein.

(c) There shall be not less than 15 square feet of floor area for each child to be accommodated in a creche.

(d) The building in which the creche is situated shall be of sound construction with a good plinth.

(e) The plan of the creche building shall be in accordance with the standard plan or plans laid down by the State government.

Provided that, where no standard plan has been laid down or where it is proposed to deviate from a standard plan, approval of State Government shall be obtained.

(f) The creche shall be furnished with suitable furniture and a cradle for each child below the age of two.

(g) A suitably fenced and shady open air playground shall be provided for the older children.

(h) The employer shall appoint—

(i) A woman as Creche-in-charge to look after children during the absence of their mothers, who shall possess such qualifications and training as may be approved by the State Government; and

(ii) Such other staff on a scale approved by the said authority.

(i) There shall be in or adjoining the creche a suitable washroom and toilet.

(j) At least 250 ml clean pure milk if possible, otherwise powdered milk shall be made available for each child on every day and the mother of such child shall be allowed in the course of her daily work two intervals of sufficient time to visit the creche and feed the child. For children above two years of age there shall be provided in addition to the above, an adequate supply of wholesome refreshment.

(k) The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

(l) An adequate supply of clean clothes, soap and oil shall be made available for each child while such child is in the creche.

(10) Educational Facilities for Workers Children:

(a) Every employer shall, if the number of workers’ children between the ages of 6 and 12 in his plantation exceeds 25, provide and maintain a primary school or schools for imparting primary education to the children:

Provided that, an employer may not provide and maintain a primary school if there is one school under the direct management of the State Government or of any local body for imparting free education to the children up to the primary or higher standard, with enough seats to admit the children between the ages of six and twelve of the workers in his plantation and within a distance of one mile from the place where workers reside in his plantation, or if under any other law he is required to pay a Cess or tax for primary education :

Provided further that subject to the provisions of clause (a) a group of employers may jointly provide and maintain a primary school and share its expenses.

(b) Every school to be provided and maintained to be conveniently situated within a distance of one mile from the workers' quarters.

(c) The school building shall be constructed in accordance with the standard plan or plans which may be laid down by the State Government:

Provided that, where there is no standard plan or where it is proposed to deviate from a standard plan, the State Government's approval of the plan of the school building shall be obtained.

(d) Where adequate space is available, an open air playground with suitable accessories shall also be provided for the children attending the school.

(e) The employer or employers, as the case may be, shall provide for every primary school maintained by them such educational and other equipments as may be considered necessary by the State Government.

(f) The employer or employers concerned shall appoint one teacher for every forty children attending the primary school. The teacher shall possess the qualifications prescribed by the State Government for teachers in Government primary schools:

Provided that in the case of any person who is working as a school teacher in a plantation at the commencement of these rules, the State Government may, subject to such conditions as it may specify, relax any of the qualifications.

(g) The curriculum, duration, standard and syllabus of the course of instruction to be imparted in the primary school shall be such as may be approved by the State Government.

(h) No fees shall be charged from the workers’ children attending the primary school.

(11) Health Facilities: The plantation workers and their families shall be provided with adequate medical facilities and there shall be two types of hospitals in plantations.

(i) Garden Hospital shall deal with out-patients and in patients not requiring any elaborate diagnosis and treatment, infectious cases, mid-wifery, simple pre-natal and post-natal care, care of infants and children and periodical check-up of workers.

(ii) Group Hospitals shall be capable of dealing efficiently with all types of cases normally encountered but will not be used for routine treatment. Admission to Group Hospitals shall be only on the recommendation of a Garden Hospital Doctor.

(12) Garden Hospitals:-

(i) A Garden Hospital shall maintain the standards laid down in these rules; or

(ii) Have lien on beds in such hospital in a neighbouring plantation or other hospital to the scale of 15 beds per 1000 workers.

Provided that in the case of lien on hospital beds outside the plantations, a plantation or group of plantations may provide a dispensary with up to five detention beds under the immediate care and supervision of a qualified medical practitioner assisted by a full time trained nurse and such other staff as the Chief Inspector-cum-Facilitator may consider necessary, with corresponding reduction in the number of beds on which the plantation or group of plantations shall have a lien.

(iii) A plantation employing 1,000 or more workers shall run its own garden hospital wherever possible while plantations employing less than 1,000 workers which are situated within reasonable distances from one another may, with the approval of Chief Inspector-cum-Facilitator, combine and provide joint hospitals/dispensaries and share their expenses. For this purpose, the plantations concerned shall submit to the Chief Inspector-cum- Facilitator particulars of the scale of staff proposed to be employed, the equipment proposed to be provided, the location of joint hospital/dispensaries, areas of plantations, the distances of plantations from one another, the number of workers employed and all other relevant information.

Provided that in the case of combined hospitals, plantations employing more than 200 workers shall, wherever possible, run their own dispensaries.

(iv) In the plantations where a garden hospital/dispensary or a combined garden hospital/dispensary provide and maintain readily available during all hours at least one first aid box or cup-board equipped with such contents as may be specified by the Chief Inspector-cum-Facilitator. The first-aid box or cup-board shall be kept in charge of a responsible person trained in first-aid treatment whose services shall be readily available during all hours to render first-aid.

(v) Notwithstanding anything contained in clauses (b) to (d), small and inaccessible plantations employing 350 or less workers situated beyond reasonable distance or reach of a Garden Hospital shall have, subject to the approval of the Chief Inspector-cum-Facilitator, dispensaries with up to 5 detention beds under the immediate care of a full-time qualified compounder, supervised and visited daily at regular hours by the nearest Garden Doctor.

(vi) Each Garden Hospital shall be under a qualified medical practitioner assisted by least one trained nurse, one trained midwife, a qualified compounder and a trained health assistant. The services of the staff shall be readily available during all hours.

(vii) Medical and auxiliary personnel shall be appointed according to the following scale:-

(a) Qualified Medical Practitioner/number of 1/1000 workers not less than

(b) Midwives 1/500

(c) Nursing attendants (Male or Female) 1/500

(d) Compounder 1/1000

(e) Health assistants 1/500

Note : Where more than one medical practitioner is appointed at least one shall be a lady doctor.

(viii) (a) A minimum of 16 beds shall be provided in every Garden Hospital per 1,000 workers and each bed shall be allowed at least 60 sq. ft. of floor space.

(b) Every hospital shall be of sound permanent construction, with impermeable washable walls to a height of at least five feet on the inside with proper water supply and efficient sanitary arrangements.

(c) Every hospital shall have pure piped water supply and the wards, consulting room, Operation Theater and dispensary shall each have a water point over a suitable glazed sink.

(ix) The following departments shall be provided:-

(a) General ward for males;

(b) General ward for females;

(c) Maternity ward with separate labour room;

(d) Family planning Centre;

(e) Infectious ward with separate sanitary arrangement;

(f) Out-patient department with sufficient waiting space for patients to wait under, preferably situated in a separate block from General Wards;

(g) Consulting room so arranged that patients can be examined in privacy;

(h) Minor operation and dressing room;

(i) Isolation room.

(j) Dispensary and drug stores;

(k) General Store;

(l) Kitchen for cooking (fire proofed);

(x) In every hospital transport facilities shall be provided for carrying patients to and from Group Hospitals.

(13) Group Hospitals :

(i) Plans for the establishment of Group Hospitals containing details of location and size, areas of plantation the number of workers employed thereon shall be approved by the State Government.

(ii) Every Group Hospital shall have a minimum of 100 beds and there shall be at least 3 beds per 700 workers, every bed having 80 sq. ft. of floor space;

Provided that, the State Government may fix a lesser number of beds to be provided in a Group Hospitals and exempt a group of plantations from providing a Group Hospitals, if it is satisfied that adequate alternative arrangements exist for treatment of patients intended to be treated at a Group Hospital:

(iii) The Hospital shall be built according to such specifications as may be approved by the State Government.

(iv) There shall be provision for piped supply of pure water, electricity, modern methods of sanitation and water flushed closets in each ward, labour room, surgical dressing room, consulting room and dispensary and shall have a water point over a suitable glazed sink:

Provided that, suitable alternative arrangements may be made for supply of pure water, electricity and other modern methods of sanitation.

(v) Each Hospital shall have provision for:-

(a) Operation Theater block;

(b) X-Ray block;

(c) Physio therapy block;

(d) Dental treatment block;

(e) Labour Room;

(f) T. B. and V.D. clinics;

(g) Consulting and examination rooms;

(h) Clinical Laboratory fully equipped;

(i) Dispensary;

(j) Administrative and Office block;

(k) Kitchen and Laundry block;

(l) Laboratories and bathrooms;

(m) Stores;

(n) Mortuary and post-mortem room;

(o) Out patients block which should preferably be at some distance from the wards.

(p) Separate wards for males, females, maternity cases and isolation wards for infectious diseases;

Provided that, X-Ray and Physical Therapy Blocks may not be provided if satisfactory arrangements are made by employers to provide these facilities with some other hospital approved by Chief Inspector-cum-Facilitator.

(vi) (a) Every Group Hospital shall have such medical and other staff. All doctors in a Group Hospital shall be qualified medical practitioners.

(b) There shall be 15 nurses for a 100 bedded hospital of whom one shall be senior trained, five junior trained and nine assistant nurses. Such classification may be made according to their qualifications and experience.

(vii) A properly equipped ambulance shall be maintained in every Group Hospital.

(viii) Equipment and drugs: - Every dispensary, garden and group hospital shall maintain such equipment and drugs etc. as may be specified by the State Government.

(ix) Medical Records: - The medical officer in charge of each dispensary, Garden or Group Hospital shall:-

(a) Maintain such registers, books, accounts and a medical record in respect of every patient, as may be prescribed by the State Government; and

(b) Comply with such regulations as may be prescribed by the State Government in respect of medical stores.

(x) Standard of Medical Facilities shall include out Patient Treatment providing:

(a) Detention for observation and treatment;

(b) Preventive treatment such as vaccination and inoculation;

(c) Free provision of all drugs including those needed for injections and dressings and appliance that may be considered necessary;

(d) Antenatal, natal and postnatal advice;

(e) Provision of certificate, free of cost, in respect of maternity and sickness benefit claims.

(xi) In Patient Treatment:-The hospital treatment shall include maintenance, food and medicines, including treatment at confinement.

(14) Submission of scheme for the Provision of Medical Facilities and Progress Report:

(i) Within six months of the commencement of these rules every employer shall submit to the State Government a scheme for providing medical facilities according to the prescribed standards. The scheme shall show the various stages and the date by which the required medical facilities are proposed to be provided. Medical facilities shall be provided according to the approved scheme.

(ii) Every employer shall furnish to the State Government annual reports on or before 31st January every year to show progress made in providing medical facilities according to the approved scheme.

(15) Failure to provide and maintain Medical Facilities as required in these rules: - If any employer does not provide and maintain medical facilities as required in these rules to the satisfaction of the Chief Inspector-cum-Facilitator, the latter shall cause to be provided and maintained these facilities in the nearest Garden Hospital and dispensary, or other similar hospital. The defaulting employer shall be liable to pay the cost of such medical facilities including charges, if any, in respect of –

(i) A medical officer’s visit to the plantation for the purpose of attendance on any sick worker or workers ;

(ii) The maintenance of sick worker in a hospital/dispensary for each day’s maintenance ; and

(iii) Transport to and fro provided for the sick worker.

(16) Recovery of sum due under Sub-rule (15):- When any sum of money is due from any employer, the Chief Inspector-cum-Facilitator shall give him notice in writing requiring the payment of the amount to the Collector who may recover the same as an arrear of land revenue.

(17) The employer may opt for availing facilities of ESIC.

(18) Recreation Facilities :

(a) Every employer shall provide and maintain:-

(i) A recreation centre or centres for workers with provision for indoor games suitable for adult and child;

(ii) Where adequate open space is available within a reasonable distance, a playground or playgrounds for adult and children of workers with necessary sports equipment for outdoor games:

Provided that a group of employers may with the approval of the Chief Inspector-cum-Facilitator, provide and maintain joint recreation centres and playgrounds and share their expenses.

(b) Every recreation centre to be provided and maintained shall be conveniently situated as near as possible to the workes’ quarters.