Section 75: Compensation in case of death of or injury in plantation

Finin2min analysis — what the section actually does

Full statutory text — Section 75

75. Compensation in case of death of or injury in plantation.— If death or injury is caused to any
worker or a member of his family as a result of the collapse of a house provided by the employer in a
plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of
the house or to a natural calamity, the employer shall be liable to pay compensation under section 76 and
the Sixth Schedule, so far as may be applicable.
    Explanation.— For the purposes of this section, the expression “worker” means a person employed in
a plantation 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 the amount as determined by the appropriate Government, by notification, from
    time to time;
       (iii) any person employed in the plantation primarily in a managerial or administrative capacity,
    notwithstanding that his monthly wages do not exceed the amount as determined by the appropriate
    Government, by notification, from time to time;
       (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.

How to apply this provision

1. Primary statutory test — If death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation under section 76 and the Sixth Schedule, so far as may be applicable.
2. Qualification / exception to test — Explanation.— For the purposes of this section, the expression “worker” means a person employed in a plantation 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…
3. Numerical or timing control — Explanation.— For the purposes of this section, the expression “worker” means a person employed in a plantation 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…
4. Evidence file — retain facts and records proving the role/status of: Employer, Worker, Appropriate 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 75

Source & verification trail