Umakanthan53
Labour Law & Hr Consultant

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Dear sir, I own a small tea plantation in tamil nadu. It measures less than 5 hectares and I do not employ more than 10 people, so I do not come under plantation act. But I have been issued notices by the plantation inspector to pay plantation minimum wage and pay wages for national and festival holidays. Is this legally correct and also could you clarify if I am bound to pay bonus.
Regards

From India, Chennai
Please also let me know if I come under gratuity act and what should I do if I am not able to manage the tea estate ie what should be the process to close it or lease it someone Regards
From India, Chennai
Dear Hariprakash,
If the extent of your plantation is less than 5 hectares, the PLAct,1951 is not applicable.
However, as per sec.1(3)(a) of the PG Act,1972, the Act is applicable to your establishment irrespective of the no of employees.
Similarly, even in the case of an unregistered plantation, the Minimum Wages Act,1948 and the Tamilnadu Industrial Establishments (National and Festival Holidays ) Act,1958 are still applicable.
As long as you maintain the plantation by employing workmen, you have to comply with the provisions of these Acts despite your exemption from the PLA,1951. When you lease it out to another person, better settle the accounts of the existing workmen.

From India, Salem
Thank you Umakanthan sir, I just need a clarification. Sec 2A(m) of PG ACT,1972 defines a plantation as in PLA ,1951. REGARDS
From India, Chennai
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