Nepal
LABOUR RULE RELATING TO TEA
ESTATE 2050 (1994)
In exercise of power conferred by section 86 of the
Labour Act, 2048 (1991) His Majesty's Government has
made
the following rules.
CHAPTER - 1: Preliminary
1. Short Title and Commencement:
(1) These rules may be called "Labour Rule
relating to
Tea Estate, 2050
(1994)".
(2) It shall come into force at once.
2. Definition:
Unless the subject or context otherwise requires, in
this
rule :-
(a) "Act" means the Labour Act, 2048
(1991).
(b) "Tea Estate" means the Tea Estate
registered under
the prevailing law with
business motives and it
shall also include the
factory if established.
(c) "Labour" means the person digging,
ploughing,
levelling out, shaking
out, sowing, planting,
weeding-out, cutting,
picking, uprooting and the
like on lands of the Tea
Estate, and it also
includes any person who
performs the work of
cleaning the premises,
lands, or machinery of the
Tea Estate or any part
thereof or any other work
relating to the Tea
Estate.
CHAPTER - 2: Security of Employment and Service
3. Working hours for child labour:
(1) While employing a child labour or an employee
above
the age of fourteen and
below the age of sixteen in
any work of Tea Estate,
the working hours shall not
exceed 6 hours a day and
36 hours a week under Sub-
section (2) of Section 5
of the Act.
(2) While employing a child labour or an employee
above
the age of sixteen in the
work at any other time
excepting the time from 6
o'clock in the morning to
6 o'clock in the evening,
such a child labour or an
employee mey be employed
by a mutual consent between
the child labour or
employee and the manager.
4. Working hours for women:
(1) While employing a woman labour or an employee
in the
Tea Estate at any time
excepting the time from 6
o'clock in the evening,
such a woman labour or an
employee may be employed
by a mutual consent between
the women labour or
employee and the manager.
(2) While employing a woman labour or an employee
pursuant to sub-rule (1),
the manager shall make
appropriate provisions
for their security.
(3) The manager of the Tea Estate shall give the
notice
of employment of any
woman labour or employee in the
Tea Estate pursuant to
sub-rule (1) to the concerned
Labour Office as soon as
possible.
5. Other description to be recorded in the register of the
labour or employee:
The manager shall also keep the following descriptions
in
the register of the labour or employee in addition to
the
descriptions as mentioned in sub-section (1) of section
9
of the Act.
(a) Date of first appointment, post and address
of
labour or employee.
(b) Date of birth of labour or employee.
(c) Citizenship of labour or employee.
(d) Description of assigned duties.
(e) Description relating to other facilities.
6. Condition for employing non-Nepali Citizen in the Tea
Estate:
(1) If skilled Nepali citizen is not available
for
employment in the Tea
Estate under sub-section (1)
of section 4 of the Act,
the manager may employee
any skilled non-Nepali
citizen of contract for a
maximum period of two
years at a time with the
approval of Department of
Labour on the
recommendation of
concerned labour office to work in
such a Tea Estate.
(2) The manager who employesnon-Nepali citizen
under
sub-rule (1) shall manage
to gradually replace such
non-Nepali citizen by
Nepali labour or employee
after making them skilled
in such work.
7. Other conditions of not providing remuneration and other
facilities to the reserved labour or employee:
If an agreement has been reached between the reserved
labour or employee and the manager pursuant to section
11
of the Act and whereby they agree that the labour or
employee need not to be present in the Tea Estate, such
labour or employee shall not get the remuneration and
other facilities as provided in the agreement.
8. Order of reducing the labour or employee:
If it is deemed necessary to reduce the number of
labour
or employee already appointed as mentioned in the
provision of sub-section (2) of section 12 of the Act,
the manager shall reduce in the following order.
(a) If the previously appointed labour or
employee
happens to be a
non-Nepali citizen and the
subsequently appointed be
a Nepali citizen, the non-
Nepali citizen shall be
reduced.
(b) The labour or employee who is absent for a
long
period of time on the
health ground than all others.
(c) On any other necessary reasons.
CHAPTER - 4: Provision for Remuneration and Welfare
9. Constitution of Minimum Remuneration Assessment
Committee:
For the assessment of minimum remuneration of the
labour
or employee of Tea Estate, His Majesty's Government
shall
constitute a Minimum Remuneration Assessment Committee
with equal representation in number from among the
representatives of the management of labour or employee
and His Majesty's Government by notification in Nepal
Gazette from time to time as necessary.
10. Functions, duties and power of the Minimum Remuneration
Assessment Committee:
In addition to the functions, duties and power as
mentioned in sub-section (3) of section 21 of the Act,
the other functions, duties and power of the Minimum
Remunetation Assessment Committee shall be as follows
:-
(a) To recommend to His Majesty's Government in
relation
to the minimum
remuneration assessment of labour or
employee.
(b) To recommend pursuant to clause (a) by
keeping in
view the study, review of
the situation of the
prevailing market price
and the present economic,
monetary and social
context of the country including
the capacity which the
Tea Estate could provide.
(c) To take suggestions from the concerned
experts in
connection with making
recommendations to His
Majesty's Government
regarding the assessment of
minimum remuneration,
dearness allowance and other
facilities of labour or
employee.
11. No discrimination in remuneration:
Equal remuneration shall be given without any
discrimination to male or female labour or employee for
the work similar or of the same nature in the Tea
Estate.
12. Limitation, method and time limit of deductive
amount from remuneration:
(1) While deducting the remuneration of any
labour or
employee pursuant to
section 24 of the Act, the
deduction shall be made
subject to the following
conditions :-
(a) While deducting
the imposed fine, the deducting
amount is realised by fixing the rate of
deducting not to exceed thirty three percent of
the remuneration to be received each time.
(b) While deducting
the amount for the loss of cash
or kind of Tea Estate knowingly or negligently
or for the loss of any item, the deducting
shall continue until such deductive amount
realised by fixing the rate of deducting not be
exceed twenty five percent of the remuneration
to be received each time.
(c) While deducting
the amount given as advance or
additional remuneration or facility, it shall
be done according to the conditions as set
between the management or the labour or
employee of the Tea estate if there be any such
conditions already set and in the absence of
such conditions the advance or additional
remunetation shall be deducted by not exceeding
the rate of 25% of the remuneration to be
received each time until the amount is
realised.
(d) While deducting
as per the order of any
government officer or court the rate of
required percentage shall be appliied in order
to realize the amount within the said period
and if the period has not been fixed the rate
shall not exceed 50% of the remuneration to be
received each time until amount is realised as
per such order.
(e) While deducting
the amount in other situation
as per fixed by His Majesty's Government by
notification in Nepal Gazette, the rate of
percentage shall not exceed 50% of the
ramuneration to be received each time until
such deductible amount is realised.
(2) Notwithstanding naything in sub-rule (1), if
a
labour or employee of the
Tea Estate dies or is
terminated from the
service of the Tea Estate due to
any reason before
relation of total deductible
amount, the due amount to
be realised from him shall
be deducted from the
amount to be received by him
from the Tea Estate if
there be such outstanding
amount.
13. Welfare Fund:
(1) The Tea Estate shall establish a Welfare Fund
pursuant to section 37 of
the Act for the benifit
and welfare of labours
and employees.
(2) Seventy percent of the rest amount after the
distribution of bonus out
of the amount allocated
for bonus pursuant to
section 5 of the Bonus Act,
2030 (1973) shall be
deposited in the welfare Fund
establishment under
sub-rule (1).
(3) The amount to be retained in the fund
established
under sub-rule (1) shall
be deposit in any
commercial bank by
opening an account.
(4) The Welfare Fund shall be operated under the
direct
control and guidance of
the Labour Relations
Committee as specified by
the come Committee. The
account of the Welfare
Fund shall be operated by the
joint signature of two
members of the Committee
designated by the Labour
Relations Committee.
14. Utilization of Welfare Fund:
(1) The Labour Relation Committee may spend the
amount
deposit in the welfare
fund for the following
purposes meant for the
benifit and welfare of the
labour or employee :-
(a) To make
available immediate financial
assistance to the labour or employee or their
family members as the when they fall sick or
meet with an accident.
(b) To make
necessary arrangement for the education
for the labour or employee or their children.
(c) To make
arranement for sport, entertainment,
library, club etc. for the labour or employee.
(d) To provide loan
at facilitated interest rate to
the labour or employee in extra ordinary
situation.
(e) To make
expenditure on emergency assistance to
the labour or employee in case disastrous
accident like natural calamity occurs.
(f) To make
expenditure on other welfare activities
like collective benefit to the labour or
employee.
(2) Notwithstanding anything contained in
sub-rule (1),
to make expenditure on
welfare activities like
collective benifit to the
labour or employee from
welfare fund, the Tea
Estate which is fully or
partly owned by His
Majesty's Government shall make
a work plan relating to
this and acquire prior
approval of Department of
Labour.
(3) The labour or employee shall not spend the
amount
deposit in Welfare Fund
for other purposes or
distribute among
themselves except for the purpose
as mentioned in sub-rule
(1).
15. Compensation for injury:
(1) If any labour or employee of the Tea Estate
suffers
bodily injury in the
course of discharging the duty
assigned by the Tea
Estate, the Management shall pay
as compensation all the
expenses incurred on
treatment to such labour
or employee as recommended
by the medical
practitioner recognised by His
Majesty's Givernment.
(2) In the course of performing the duty assigned
by the
Tea Estate if any labour
or employee is injured and
at once becomes unable to
perform the duty and needs
to undergo treatment at
hospital or at home as per
the recommendation of a
medical practitioner, the
Management shall give
full remuneration for the
period if the treatment
has been done at hospital
and one half remuneration
for the period if
treatment has been done
at home in addition to the
compensation payable to
him pursuant to sub-rule
(1). But if the treatment
needs to be continued for
a period more than one
year, the Management shall
not pay any remuneration
for such a excess period.
16. Compensation for grievous hurt:
(1) In the course of performing the duty assigned
by the
Tea Estate if any labour
or employee suffers
grievous hurt due to an
accident, the Management
shall, in relation to
such grievous hurt, pay to
such labour or employee a
total sum of amount
equivalent to the
remuneration of four years in line
with the remuneration
which he is presently drawing
if the degree of the
disableness of such labour or
employee has been cent
percent on the basis of the
percentage of disableness
as mentioned in the
schedule.
(2) While providing compensation to the concerned
labour
or employee for grievous
hurt under this rule, the
Management shall
determine the amount of
compensation to be paid
to such grievous hurt
proportinately to equal
to the percentage of
disableness which
emanates from grievous hurt as
mentioned in the schedule
on the basis of the amount
of remuneration of four
years, the equivalent of 100
percent of disableness.
17. Compensation for death:
If any labour or employee dies instantly or while
undergoing treatment following the accident in the
course
of performing the duty assigned to him by the Tea
Estate,
a total sum of amount equivalent to the remuneration of
three years calculated on the basis of his present
remuneration shall be paid as compensation to the
nearest
heir of the deceased labour or
employee.
18. To assess the percentage of disableness:
If any employee suffers grievous hurt following the
accident in the course of performing the duty assigned
to
him by the Tea Estate, the Factory Inspector shall, in
relation to grievous hurt of such labour or employee,
cause to make assessment of percentage of disableness
as
mentioned in the schedule from a medical practitioner
recognised by His Majerty's Government and make
available
the compensation from the Management to such labour or
employee under rule 16. Provided that the assessment of
percentage of disableness of the labour or employee
shall
not exceed more than 100 percent.
19. Condition to be granted compensation:
If any labour or employee dies or faces grievous hurt
due
to the natural calamity while being engaged in the duty
assigned by the Tea Estate, such labour or employee or
his heir shall not receive the compensation to be
granted
under this rule.
20. Amount of double compensation not be granted:
If any Tea Estate has made any kind of insurance the
compensation of its labour or employee, such labour or
employee shall only receive either the amount of
compensation to be received under this rule or the
insured amount of such compensation, whichever is
higher.
21. Retirement from service may be given with compensation or
gratuity:
In the course of discharging the duty assigned by the
Tea
Estate if any labour or employee meets with an accident
and receive bodily injury which is not cured in spite
of
treatment for one year, in the case of such labour or
employee not recovering health or the medical
practitioner recognised by His Majesty's Government has
certified that the person meeting with an accident is
incapable of performing the duty of the Tea Estate
owing
to grievous hurt, the Management may retire him from
service by providing him the compensation to be
received
under rule 16 and also the gratuity to be received
under
this rule.
22. Priority to be given for Employment:
The dependent family members of the labour or employee
who is terminated from service of the Tea Estate
pursuant
to rule 21 or has died meeting with an accident in the
course of performing the duty of the Tea Estate shall
be
given priority for employment in the Tea Estate
according
to their qualification in case suitable post has fallen
vacant.
23. Gratuity:
(1) In case any permanent labour or employee who
has
served for four years or
more in the Tea Estate and
retires from service due
to age limit or in relieved
of his service after the
acceptance of his
resignation or due to any
other reasons, such labour
or employee shall receive
a lump sum gratuity at the
following rate :-
(a) One third of
the current monthly remuneration
for every year for the service of first ten
years.
(b) One half of the
current menthly remuneration
for every year for the service of between ten
years and fifteen years.
(c) Two third of
the current monthly remuneration
for every year for the service of more than
fifteen years.
(2) The amount of gratuity to be received under
clause
(a), (b) and (c) of
sub-rule (1) shall not exceed
rupees seven thousand,
rupees fifteen thousand and
rupees twenty thousand
respectively.
(3) The gratuity to be provided to labour or
employee of
the Tea Estate pursuant
to the rules relating to the
Factory and Factory
Workers, 2019 (1962) for the
period before the
commencement of this rule shall be
as per those rules.
(4) Notwithstanding anything contained in
sub-rule (1)
if any labour or employee
who has been relived of
the service in accordance
with sub-section (4) of
section 52 or section 54
of the Act such labour or
employee shall not be
entitled to receive gratuity
under this rule.
24. Gratuity Fund:
(1) Each Tea Estate shall establish a separate
gratuity
fond for the purpose of
deposting the amount of
gratuity to be received
by the labour or employee
under rule 23.
(2) The Estate shall have to maintain separate
accounts
showing clearly the
amount of gratuity to be
received by each labour
or employee.
(3) The Tea Estate shall also deposit the amount
of
gratuity to be provided
to the labour or employee
according to sub-rule (3)
of rule 23 in the gratuity
fund established under
sub-rule (1).
25. Compensation or gratuity may be chosen:
The labour or employee who has become redundant
pursuant
to section 12 of the Act shall be entitled to choose
either the compensation to be received under the same
section or the gratuity to be received under rule 23.
26. Provident Fund:
(1) The Tea Estate shall, after deducting fine
percent
of the current monthly
remuneration of the permant
labour or employee, add
100 percent to it and
deposit in his/her name
in the provident fund
established pursuant to
sub-rule (2).
(2) The Management of each Tea Estate shall
establish a
separate provident fund
in the Tea Estate to deposit
the amounts pursuant to
sub-rule (1). Provided that
the Tea Estate may
deposit such accumulated amount
by opening separate
accounts in the name of its
labour or employee in the
provident fund established
under the Employee
Provident Fund Act, 2019 (1962).
(3) If the Tea Estate has established its
separate
Provident Fund oursuant
to sub-rule (2), it shall
maintain records showing
separate accounts of every
labour or employee.
(4) The provident fund established pursuant to
sub-rule
(2) shall be operated by
Labour relations Committee
if there be such a
Committee and in the situation
where there is no such a
Committee, the Committee
consisting of the
reprsentatives of management,
labours or employees
shall operate such fund. Should
there be welfare officer
in the Tea Estate, such
officer shall act as
Member Secretary of the said
Committee.
(5) The total amount deposited in the provident
fund in
the name of any labour or
employee pursuant to sub-
rule (1) shall not be
withdrawn unless such labour
or employee gets
retirement from the service of the
Tea Estate.
(6) If any labour or emoployee dies during the
service
period, the amount
deposit in the provided provident
fund of such labour or
employee shall be given to
the person willed by such
labour or employee if
there be such person and
if there be no such person
or the person whom he has
so willed has already
died, the nearest heir
among the family members of
such dead labour or
employee shall be given the
amount of provident fund.
If there be more than one
heir, all the heirs shall
share the amount of the
provident fund in the
name of the dead labour or
employee proportionately
among themselves.
(7) The concerned labour or employee may take up
to
fifty percent loan as the
maximum out of the amount
deposited under this rule
in the provident fund
accorking to the bye laws
of the Tea Estate. The
loan shall be paid back
by deducting one fourth of
the monthly remuneration
of such employee until the
loan taken by the labour
or employee is fully paid
back.
27. Medical Treatment Facility:
In case any labour or employee of the Tea Estate fall
sick due to serious illness for a long time and if
medical practitioner recognised by His Majesty's
Government, such labour or employee shall be provided
as
amount equivalent to the remuneration of two months at
the maximum as medical treatment facility for the
entire
service period of such person.
28. Health Examination:
(1) While appointing any person to the post of
any
labour or employee, the
Tea Estate mey ask such
person to submit a
medical certificate of sound
health from a medical
practitioner recognised by His
Majesty's Government. The
Tea Estate is not bound to
appoint such person if he
fails to submit the
medical sertificate of
sound health.
(2) While appointing any person to the post of
any
labour or employee, the
Tea Estate, if it deems
necessary, may itself
cause to conduct medical
examination of such
person from a medical
practitioner recognised
by His Majesty's Government.
29. Leave:
The labour or employee may obtain the following leaves
:-
(a) Public holiday
(b) Home leave
(c) Sick leave
(d) Mourning leave
(e) Special leave
(f) Maternity leave
30. Public Holiday:
(1) The labour or employee shall obtain public
holidays
of thirteen days with
full pay each year.
(2) The Worker Relations Committee shall
determine the
public holidays to be
obtained by the labour or
employee under sub-rule
(1) at the beginning of each
year and shall notify
immediately to the labour or
employee of it.
(3) The representatives of management, labour or
employee shall determine
the pubic holidays with
mutual consent in the
case of the Tea Estate where
the Workers Relations
Committee does not exist.
31. Home leave:
(1) The labour or employee working in the Tea
Estate
shall obtain full pay
home leave of one day for 30
working days period. The
labour or employee shall
acquire prior approval
before taking such leave.
(2) The home leave to be obtained under sub-rule
(1) may
be accumulated upto 60
days at the maximum.
(3) For the purpose of assessing home leave to be
obtained under this rule,
the working period shall
also include weekly
leave, public holidays and other
full pay leave within
that period.
(4) If any labour or employee resigns his service
or
gets retirement due to
any other reasons, such
person get lumpsum amount
of the accumulated home
leave by caculaing the
current salary to be drawn by
such person.
32. Sick Leave:
(1) The labour or employee who has
completed continuous
service of one year in
the Tea Estate shall obtain
the sick leave for which
he shall be entitled to
receive half pay for
fifteen days in a year.
(2) While sanctioning the sick leave of more than
three
days to any labour or
employee, the Management may
course to submit the
certificate of a medical
practitioner recognised
by His Majesty's Government.
(3) If any labour or employee has to take sick
leave due
to sudden illness, he
shall serve a notice to this
effect to the Management
through the available quick
means.
33. Mourning Leave:
(1) The labour or employee completing the
continuous
service of one year in
the Tea Estate may obtain the
mourning leave of
thirteen days at the maximum in
case he has himself to
perform the mourning as per
the family religious
tradition.
(2) The employee entitled to obtain the mourning
leave
pursuant to sub-rule (1)
shall obtain the full pay
for the period of such
leave.
34. Special Leave:
(1) In case any permenent labour or employee who
has not
any leave left in balance
is under compulsion to
take leave due to special
circumtace, he may obtain
the special leave up to
thirty days in a year with
prior approval.
(2) The labour or employee who is on special
leave
pursuant to sub-rule (1)
shall not obtain the
remuneration for such
period of leave.
(3) The total period of special leave to be
obtained
pursuant to this rule
shall not exceed a period of
six months for the entire
service period of such
labour or employee.
35. Maternity Leave:
The pregnant female labour or employee shall obtain the
maternity leave up to 45 days in total with full pay
whether before or after the delivery. Such maternity
leave shall be obtained only two times during the
entire
service period. Provided that the pregnant female
labour
or employee who has already taken the maternity leave
for
two times may again obtain the maternity leave in case
both the children are not alive.
36. Seave Sanctioning Authority:
The Management or the officer prescribed by the rule of
Tea Estate shall sanction the leaves mentioned in this
chapter.
37. Leave is not a matter of right:
Leave is not matter of right, it is only a privilege.
The
leave sanctioning authority may refuse to sanction the
leave showing the reasons as per the need of the work
of
the Tea Estate, withhold, deduct or postpone the
sanctioned leave.
38. Action against the labour or employee who absents himself
without the sanction of leave:
(1) No any labour or employee shall be absent
from the
duty of the Tea Estate
without the approval of
leave.
(2) If any labour or employee absent himself from
the
duty of the Tea Estate
continuously for the period
of more than thirty days
without giving notice of
leave or without sanction
of leave, such a labour or
employee may be removed
from the service of the Tea
Estate by deducting the
salary for the absent days.
(3) Notwithstanding anything contained in
sub-rule (1)
and (2) if somebody takes
leave due to unforeseen
reason without the leave
being sanctioned for such
period it shall not be
considered that this rule has
been violeted.
CHAPTER - 4: Management relating to Health, Sanitation
and Security
39. Arrangement for safety against fire:
The following safety arrangements against the fire
shall
be managed by the Management of the Tea Estate :-
(a) To keep necessary fire fighting equipment at
proper
places for safety against
fire.
(b) To arrange hydrant points alongwith hours
pipes to
make available
pressurized water in the Tea Estate
as per necessity.
(c) To manage emergency exit to go in and come
out
during fire and not to
keep any object which may
cause obstruction or
stoppage around it.
(d) To make provision of fire alarm to any other
sound
producing equipments in
order to alert all the
people during fire.
(e) To maintain record by having the fire
extinguisher
equipments inspected and
experimented at least once
in a year.
40. In relation of Loads Carrying:
(1) Generally the workers shall not be employed
to lift,
transport or carry core
weight than shown as follows
:-
(a) 55 kg for adult
male
(b) 45 kg for adult
female
(c) 25 kg for minor
male (16-18 years)
(d) 15 kg for minor
male or female (14-16 years)
(2) Notwithstanding anything contained in clause
(a) of
sub-rule (1), the above
mentioned weight limits
shall not apply in the
case of lifting, transporting
or carrying the weight
wrapped in sack by any adult
male worker.
41. Investigation of profession related disease or accident:
(1) After the receipt of information of
profession
related disease or
accident pursuant to section 35
of the Act, the Labour
Office may designate an
investigating officer for
examining and
investigating in this
connection if it is required.
(2) The function and duties of the investigating
officer
designated under sub-rule
(1) shall be as follows :-
(a) To inquire
about the necessary details of the
spot of the accident or the concerned person,
collect necessary evidence, cause to submit
necessary documents and take the statements
etc.
(b) The report
shall be submitted to the Labour
Office within the stipulated time by the Labour
Office after coducting investigation under
clause (a).
CHAPTER - 5: Management relating to the Committee and
the Official
42. Constitution of Worker Relation Committee:
(1) A Worker Relations Committee shall be
constituted
with equal representation
from each Management of
the Tea Estate and the
workers.
(2) In the Worker Relations Committee to be
constituted
pursuant to sub-rule (1),
there may be four members
at the minimum and twenty
members at the maximum on
the basis of the total
numbers of workers in the Tea
Estate.
(3) The nomination prodecure of the
representatives
representing on behalf of
the Management and the
workers in the Workers
Relations Committee shall be
as mentioned in rule 43
and 44.
(4) The Management shall give a notice
immediately to
the concerned Labour
Office to this effect after the
constitution of the
Workers Relations Committee
under this
rule.
43. Nomination of representatives of Management:
While nominating the representatives on behalf of the
Management in Workers Relations Committee, the manager
or
the personnel who is directly involved in the
management
duty of the Tea Estate shall be nominated as far as
possible.
44. Nomination of Workers representative:
(1) While nominating the representative on behalf
of the
Workers in Workers
Relations Committee, if there
there be trade union of
the standard of an
enterprise in the Tea
Estate and if there be not
such a trade union the
workers shall nominate their
representatives.
(2) While nominating the workers to represent in
the
Workers Relations
Committee poursuant to sub-rule
(1), the nomination shall
be made to represent all
kind of workers in Tea
Estate.
45. Members and officers of the Workers Relations Committee:
(1) For the nomination of member in the Workers
Relation
Committee, the labour or
employee shall be at least
eighteen years of age and
have completed one years
continuous service in the
Tea Estate.
(2) The Workers Relations Committee shall consist
of a
chairman, a
vice-chairman, a secretary, a joint
secretary and a treasurer
as officers.
(3) The Management shall nominate a chairman of
the
Committee from among the
members of the Workers
Relations Committee.
(4) The Vice-Chairman and the Secretary of the
Workers
Relations Committee shall
be nominated from among
the worker
representatives representing in the
Committee and Joint
Secretary and the Treasurer of
the Committee shall be
chosen by the Committee
itself from among the
management representatives
representing in the
Committee.
(5) The tenure or office of the mambers and
officers of
the Workers Relations
Committee shall be of two
years.
46. Meeting of the Worker Relations Committee:
(1) The Secretary shall call the meeting of the
Worker
Relations Committee as
direct by the Chairman,
provided that such a
meeting shall be called at
least once in a three
months.
(2) The Management shall manage the meeting to be
convened pursuant to
sub-rule (1).
(3) The Secretary shall keep the record of the
decisions
of the meeting in the
minute book after getting them
certified by the
Chairman.
(4) All the proceedings relating to the meeting
of the
Worker Relations
Committee shall be as dtermined by
the Committee itself.
47. Functions and duties of the Worker Relations Committee:
The functions and duties of the Worker Relations
Committee shall be as follows :-
(a) To be effective in maintaining the quality by
promoting and improving
the products and services of
the Tea Estate.
(b) To perform the function related to operation
of
Welfare Fund.
(c) To perform the functions related to the
operation of
Provident Fund of the Tea
Estate.
(d) To perform the functions related to the
quarters and
operation of fund of the
labour or employee.
48. Functions, duties and power of Welfare officer:
The functions, duties and power of the Welfare Officer
shall be as follows :-
(a) To maintain good contacts and relations with
both
parties by keeping
cordial relations between the
Management and the
workers.
(b) To solve the problems by giving timely
information
to the Management if any
difficulty or problems in
faced by the workers
individually or collectively.
(c) To motivate, suggest and advise for the shake
of
enhancing the activities
of trade unions about the
matters of professional
rights and benefit of the
workers.
(d) To inspire the workers to be always dedicated
towards their works and
create necessary environment
for that.
(e) To give suggestion and advice to the
Management in
formulating necessary
policy in connection with the
development and axtension
of the Tea Estate and
change in the functions
and duties of the workers
and to play active role
in maintaining healthy and
balanced labour
relations.
(f) To let know the workers about the problems to
be
faced by the Tea Estate
and the matters of security
relating to their rights
and benefits in simple
language.
(g) To play a leading role in decision making
process by
bringing the Management
and worker representatives
together for mutual
discussion and suggestion in
relation to the
reformation of production process
and adoption of any other
working process of the Tea
Estate.
(h) To manage to make compromise by means of
mutual
consultation and
discussion in order not to let
create the untoward
atmosphere between the
Management and the
workers.
(i) To be active to refrain the workers from
engaging in
illegal strike or causing
obstruction in the works
of the Tea Estate or
treating unauthoritatively each
other by the Management
and the workers.
(j) To make efforts to control the situation in
peaceful
and cordial atmosphere by
adopting healthy and
natural policy in case
dispute arises between the
Management and the
worker.
(k) To arrange timely management to conduct heath
check-
up of the workers and
keep its record, to keep the
body safe from hazardous
works, to examine
machinery, to clean the
factory and of other health
and security related
matters by taking advice and
suggestion of the lacal
office and the qualified
medical practitioner for
the facility and the safety
of the workers.
(l) To give necessary advice and suggestion to
the
Management also in
relation to granting wage, leave
and other facilities to
the workers.
(m) To cause to implement the welfare provision
as
mentioned in the Act.
(n) To arrange the management also of the
entertainment
and sports for mental and
physical fitness of the
workers.
(o) To arrange necessary management by also
inspiring
the Management and the
workers in order to
constitute the Worker
Relations Committee,
Production Committee,
Welfare Committee, Committee
relating to Security and
other Committees assisting
in the operation of the
Tea Estate.
CHAPTER - 6: Miscellaneous
49. To determine the works to be assign by the Tea Estate:
The Tea Estate shall determine the nature and quality
of
the assigned daily works to be performed by the
workers.
50. Notice to be served in order to establish the Tea Estate
or extend the existing Tea Estate:
(1) The Management of the Tea Estate shall serve
the
notice to the concerned
Labout Office with
descriptions relating to
the following matters
before at least 15 days
of carrying out such works
in case any Tea Estate is
to be established or
extension of the existing
Tea Estate is to be made.
(a) Description of
area, kind and dividing lines of
every side of land.
(b) Arrangement of
taking out gas from the factory
if the production process produces gas.
(c) Proper
arrangement of toilet.
(d) Name and
quantity of goods to be produced
alongwith the nature and quantity of necessary
energy for production process.
(2) The Factory Inspector after having necessary
examination of the
description to be received by the
Labour Office pursuant to
sub-rule (1) may direct
the Management of the
concerned Tea Estate to make
necessary amendment or
change in such description if
he finds adverse effect
from the viewpoint of
health, safety and
environment also. It shall be the
duty of the concerned
Management to obey such
direction.
51. Notice to be given by the Management:
(1) The Management shall give a written notice
alongwith
the following description
to the local Labour Office
at least before 15 days
while taking any new
building or land for the
use of the Tea Estate.
(a) Name and
address of the Tea Estate,
(b) Name and
address of the Management of the Tea
Estate,
(c) Address for
correspondence with the Tea Estate,
(d) Description of
the labour or employee
associated with the Tea Estate.
(2) The Management shall send a written notice
along
with the description as
mentioned in sub-rule (1) to
the local Labour Office
within 30 days from the date
of the commencement of
this rule.
(3) In a situation where the Manager has not been
appointed in any Tea
Estate or although appointed,
he has not taken over the
charge of Management of
the Tea Estate, the
person acting as a Manager or in
case there be no even
such person, the Management
himself shall be
considered Manager of such Tea
Estate for purpose of
this rule.
52. This rule to apply:
This rule shall apply in the provisions made in this
rule
and the Labour Rule, 2050 (1992) shall apply in other
matters.
Shedule
Certified degree of diablement
S.N Description of
Injury
Percentage of Disability
01 Loss of two
limbs
100
02 Loss of both hands or loss of all fingers including
palms
100
03 Loss of total
vision
100
04 Complete
paralysis
100
05 Permanently disabled due to the reason of
injury 100
06 Loss of eye of one eyed
person
100
07 Loss of arm of a person having only one
arm 100
08 Loss of leg of a person having only one
leg 100
09 Loss of hand and a
foot
100
10 Permanent and total disablement due to the reason of
any other
injury
100
11 Absolute
deafness
100
Situation where any
one hand is amputated
12 Amputation of shoulder
joint
80
13 Amputation of arm through the middle of the shoulder
and
elbow
70
14 Loss of arm through
elbow
70
15 Loss of hand through
wrist
60
16 Loss of four fingers and thumb of a
hand
60
17 Loss of four fingers of a hand except
thumb 40
18 Loss of two phalanges of
thumb
30
19 Loss of one phalanx of
thumb
20
20 Loss of three phalanges of index
finger
14
21 Loss of two phalanges of index
finger
11
22 Loss of one phalanx of index
finger
9
23 Loss of three phalanges of middle
finger
12
24 Loss of two phalanges of middle
finger
9
25 Loss of one phalanx of middle
finger
7
26 Loss of three phalanges of ring or little
fingers 7
27 Loss of two phalanges of ring or little
fingers 6
28 Loss of one phalanx of ring or little
fingers 5
29 Further loss of first or second metacarpal
bone 5
30 Further loss of third, fourth and fifth metacarpal
bone
4
Situation where any one or both legs are
amputed
31 Amputation of both thighs through the middle or loss
of another leg after amputation of leg through the
middle of thigh or amputation of both legs through
both
knees
100
32 Amputation of legs through 5 inch below of both
knees
100
33 Amputation of one leg from 5 inch below of one the
knee along with loss of another
foot
100
34 Amputation of both feet resulting in end bearing
stumps
100
35 Amputation through both feet proximal to the
metatarsophalangeal
joint
90
36 Loss of all toes of both feet through the
metatarsophalangeal
joint
80
37 Loss of all toes of both feet proximal to the
proximal interphalangeal
joint
40
38 Loss of all toes of both feet distal to the
proximal interphalangeal
joint
20
39 Amputation from the middle of the hip
joint 90
40 Amputation below hip joint with stump of thigh less
than 5 inch from the great trenchanter
bone 80
41 Amputation of leg below hip joint with stump of
thigh more than 5 inch from the great trenchanter
bone but not reaching below from the middle of the
thigh
70
42 Amputation below from the middle of thigh and not
exceeding 3.5 inch below the
knee
60
43 Amputation of leg below knee with stump not
exceeding 3.5 inch to 5 inch in length from the
knee 50
44 Amputation of leg below knee with stump exceeding 5
inch in length below
knee
40
45 Amputation of one foot resulting in only end-bearing
40
46 Amputation through one foot proximal to the
metatarsophalageal
joint
40
47 Loss of all toes of one foot proximal to the
interphalangeal joint from the middle of
metatarsophalangeal
joint
20
48 Loss of two phalanges of great toe of
foot 10
49 Loss of any one phalanx of great toe of
foot 5
50 Loss of any other toes except great toe of foot
3(each)
51 Loss of one part of any other toe including bone
except great toe of
foot
1
Other Special Injuries
52 Loss of one eye, without comlecation, the other
being
normal
40
53 Loss of vision of one eye without complecations or
disfigurement of eyeball, the other being
normal 30
54 Loss of hearing of one
ear
20
Permanent rigidity occured in limbs or joints after injury
55
Spine
30
56 Shoulder
joint
40
57
Elbow
30
58
Wrist
30
59 Proximal and distal radio-ulnar
joint
30
60 Thumb (First metacarpophalangeal
joint)
63
61 One joint of any one finger except
thumb
3
62 All joints of any one finger except
thumb
10
63 All joints of all fingers including
thumb
40
64 Hip
joint
40
65
Knee
19
66
Ankle
19
67 Joints under tales
bones
19
68 Great toe of foot (First metatarsophalangeal
joint) 19
69 Joints of other toes of foot except great toe of
foot
10
Paralysis of limbs or any part of the body to be occured after
injury
70 Absolute paralysis to be occured due to injury in
the spinal
cord
100
Absolute paralysis
of the following parts
71 Bracheal plexsus
70
72 Radial
Nerve
50
73 Median
Nerve
40
74 Ulnar
Nerve
40
75 Siatic
Nerve
70
76 Medial Paplytial
Nerve
40
77 Lateral Paplytial
Nerve
30
Other degree of disablement not mentioned above shall
be
assessed on the basis of the similar kind as mentioned
in
this schedule.
The International Labour Organization is a United Nations specialized agency.