Section 2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Tea Plantations Labour Ordinance, 1962: • adolescent — a person who has completed his fifteenth year but has not completed his seventeenth year • adult — a person who has completed his seventeenth year • child — a person who has not completed his fifteenth year • day — a period of twenty four hours beginning at midnight • prescribed — prescribed by rules made under this Ordinance • tea plantation — any land used or intended to be used for growing tea which measures twenty five acres or more and whereon thirty or more persons are employed, or were employed on any day of the preceding twelve months • week — a period of seven days beginning at midnight on Saturday night or such other night as may be fixed by the Provincial Government in relation to tea plantations in any area after such consultation as may be prescribed with reference to the tea plantations concerned in that area • worker — a person employed in a tea plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, but does not include- (i) a medical officer at the plantation ; (ii) any person whose monthly wages exceed five hundred rupees; or (iii) a person employed in a tea plantation primarily in a managerial capacity notwithstanding that his monthly wages do not exceed five hundred rupees This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions.—In the Ordinance, unless there is anything repugnant in the subject or context,- (a) “adolescent” means a person who has completed his fifteenth year but has not completed his seventeenth year ; (b) “adult” means a person who has completed his seventeenth year; (c) “child” means a person who has not completed his fifteenth year; (d) “day” means a period of twenty four hours beginning at midnight; (e) “employer” when used in relation to a tea plantation means the person who has ultimate control over the affairs of the tea plantation, and where the affairs of any tea plantation are entrusted to any other person (whether called a managing agent, manager, superintendent or by any other name) such other person shall be deemed to be the employer in relation to that tea plantation; (f) “prescribed” means prescribed by rules made under this Ordinance; (g) “tea plantation” means any land used or intended to be used for growing tea which measures twenty five acres or more and whereon thirty or more persons are employed, or were employed on any day of the preceding twelve months ; (h) “wages” has the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (IV of 1936) ; (i) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be fixed by the Provincial Government in relation to tea plantations in any area after such consultation as may be prescribed with reference to the tea plantations concerned in that area ; (j) “worker” means a person employed in a tea plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, but does not include- (i) a medical officer at the plantation ; (ii) any person whose monthly wages exceed five hundred rupees; or (iii) a person employed in a tea plantation primarily in a managerial capacity notwithstanding that his monthly wages do not exceed five hundred rupees ; (k) “young” person means a person who is either a child or an adolescent. CHAPTER II

Effective date: 1962-01-01

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