Section 92: Facilities for workers in plantation

Finin2min analysis — what the section actually does

Full statutory text — Section 92

92. Facilities for workers in plantation.— (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 (34 of 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.

How to apply this provision

1. Primary statutory test — (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);
2. Additional operative limb — 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;
3. Qualification / exception to test — 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…
4. Numerical or timing control — (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:
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker, Central Government, State Government.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 92

Source & verification trail