Section 92
Facilities for workers in plantation.
The Occupational Safety, Health and Working Conditions Code, 2020
About this Act
An Act to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and for matters connected therewith or incidental thereto.
(1) Without prejudice to the generality of sections 23 and 24, the State Government may prescribe requiring every employer to make provisions in his plantation for—
(a) necessary housing accommodation including drinking water, kitchen and toilet to every worker employed in the plantation (including his family);
(b) crèches facilities where in the plantation fifty or more workers (including workers employed by any contractor) are employed or were employed on any day of the preceding twelve months:
Provided that,—
(i) an establishment may avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation; or
(ii) a group of establishments may agree to pool their resources for setting up of common crèche;
(c) educational facilities for the children of the workers employed in the plantation where the children between the ages of six to twelve of the workers exceed twenty-five in number;
(d) health facilities to every worker employed in the plantation (including his family) or provide coverage under the Employees State Insurance Act, 1948; and
(e) recreational facilities for the workers employed in the plantation.
(2) An employer of a plantation shall be responsible to provide and maintain welfare facilities for which the workers in the plantation are entitled under this Code either from his own resources or through the schemes of the Central Government or State Government, Municipality or Panchayat for the locality in which the plantation is situated.
Explanation.—For the purposes of this sub-section—
(i) the expression "Municipality" has the same meaning as assigned to it in clause (e) of article 243 of the Constitution; and
(ii) the expression "Panchayat" has the same meaning as assigned to it in clause (d) of article 243 of the Constitution.
(a) necessary housing accommodation including drinking water, kitchen and toilet to every worker employed in the plantation (including his family);
(b) crèches facilities where in the plantation fifty or more workers (including workers employed by any contractor) are employed or were employed on any day of the preceding twelve months:
Provided that,—
(i) an establishment may avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation; or
(ii) a group of establishments may agree to pool their resources for setting up of common crèche;
(c) educational facilities for the children of the workers employed in the plantation where the children between the ages of six to twelve of the workers exceed twenty-five in number;
(d) health facilities to every worker employed in the plantation (including his family) or provide coverage under the Employees State Insurance Act, 1948; and
(e) recreational facilities for the workers employed in the plantation.
(2) An employer of a plantation shall be responsible to provide and maintain welfare facilities for which the workers in the plantation are entitled under this Code either from his own resources or through the schemes of the Central Government or State Government, Municipality or Panchayat for the locality in which the plantation is situated.
Explanation.—For the purposes of this sub-section—
(i) the expression "Municipality" has the same meaning as assigned to it in clause (e) of article 243 of the Constitution; and
(ii) the expression "Panchayat" has the same meaning as assigned to it in clause (d) of article 243 of the Constitution.