Keyword(s):
Contribution, Employer, Family, Fund, Plantation, Small Plantation, Small
Plantation Worker
An Act to provide for the constitution of a Fund for promoting the welfare of, and to pay
pension to, the workers in small plantations in the State of Kerala and for certain other
matters connected therewith.
Preamble.- WHEREAS, it is expedient to provide for the constitution of a Fund for
promoting the welfare of, and to pay pension to, the workers in small plantations in the
State of Kerala and for certain other matters connected therewith.
BE it enacted in the Fifty-ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be called the Kerala
Small Plantation Workers’ Welfare Fund Act, 2008.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Definitions. – In this Act, unless the context otherwise requires.-
(a) “Board” means the Kerala Small Plantation Workers’ Welfare Fund
Board constituted under section 6;
(b) “Chief Executive Officer” means the Chief Executive Officer
appointed under sub-section (1) of section 9;
(c) “contribution” means the sum of money payable to the Fund in
accordance with the provisions of section 5;
(d) “employer” in relation to a plantation, means the person who has the
ultimate control over the affairs of the plantation, and where the affairs of any plantation
are entrusted to any other person (whether known as a managing agent or manager or
superintendent or by any other name) such other person shall be deemed as the employer
in relation to that plantation;
(e) “family” means wife or husband, minor sons and unmarried daughters
of a plantation worker and includes his father, mother and mentally retarded or physically
handicapped or widowed children who are solely dependant upon him;
(f) “Fund” means the small Plantation Worker’s Welfare Fund established
under section 3;
(g) “member” means a member of the Fund;
(h) “plantation” means any land used or intended to be used for
cultivating one or more than that of rubber, tea, coffee, cardamom, coco, oil palm or
cashew;
(i) “prescribed” means prescribed by rules made under this Act;
(j) “Schedule” means the Schedule to this Act;
(k) “Scheme” means a Scheme framed under sub section (1) of section 3;
(l) “small plantation” means a plantation having an extent less than five
hectares and where one or more small plantation workers are employed, but shall not
include a plantation as defined in the Plantations Labour Act, 1951 (Central Act 69 of
1951); (m) “small plantation worker” means a person engaged for doing any
work in a small plantation for not less than ninety days in the preceding twelve months
for wages or reward, whether directly or through any contractor or agent, of the owner or
company or family or Trust or Society and includes any self-employed person working in
his own small plantation having an extent not more than half hectare.
Explanation. – For the purpose of this Act, if any question arises as to whether a
person is a small plantation worker or not that question shall be referred to the Board, or
to an officer authorised by the Board in this behalf, and the decision of the Board/ his
thereon shall be final;
(n) “year” means the financial year.
3. Small Plantation Workers’ Welfare Fund Scheme.- (1) The Government shall,
by notification in the Gazette, frame a Scheme to be called “the Kerala Small Plantation
Workers’ Welfare Fund Scheme” and there after as soon as may constitute a Fund in
accordance with the provisions of this Act and the Scheme.
(2) The Fund shall vest in the Board and be administered by the Board.
(3) Subject to the provisions of this Act, the Scheme may provide for all or
any of the matters specified in the Schedule.
(4) The following shall be credited to the Fund, namely:-
(a) the contributions specified under section 5;
(b) the amount borrowed by the Board under section 10;
(c) damages realised under section 19;
(d) grants, loans or advances given by the Government of India, the State
Government, any local authority institution or any institution;
(e) any donation from any other manner in accordance with law;
(f) any amount raised by the Board from other sources to augment the
resources of the Board;
(g) any fee levied under the Scheme;
(h) any other amount to be credited to the Fund under the provisions of
the Scheme.
(5) Fund may be utilised for all or any of the following purposes, namely:-
(a) for payment of pension to a member who is unable to work due to
infirmity or has completed the age of sixty years;
(b) for payment of family pension;
(c) for payment of financial assistance to a member who is suffering from
permanent disability;
(d) for payment of loans or grants to a member to meet expenses in
connection with the marriage of daughters or for expenses in connection with the death of
member or dependant or for expenses for construction or maintenance of his house;
(e) for providing maternity benefits to women workers employed in
plantations;
DISCLAIMER: This document is being furnished to you for your information by Blinkvisa. The contents of this document have been obtained from sources Blinkvisa believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. Blinkvisa or any persons connected with it do not accept any liability arising from the use of this document. Blinkvisa or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.
