Karaikal Agricultural Labourer Fair Wages Act 1970

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LaLas

THE KARAIKAL AGRICULTURAL LABOURER


*FAIR WAGES ACT, 1970
(No. 25 of 1970)

01

ARRANSEMENT OF SECTIONS
SECTION
1. Short title, extent, commencement and duration.

2. Definitions.
3. Appointment of Coxlciliation Officers.
4. Constitution of Revenue Courts.
5. Fair wages payable to agricultural labourers.
6. Enforcement of payment of fair wages.
'7. Wages for harvest.
8. Appeal.
9. Revision by the District Court.
10. Decision in appeal or revision to be given effect to.
11. Bar of jurisdiction of civil courts.
12. Power to take evi6ence on oath.
13. Act to override contract and other lzws.
14. Power to make rules.
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THE- KARAIKAL AGRICULTURAL LABOURER


FAIR WAGES ACT, $970.
(Act NO. 25 of 1970,)
1st August, 1970.

A N ACT
to provide for payment of fair rates of wags for agricultural labourers
in the Karaikal region of the Union territory of Pondicherry awl for
matters incidental thereto.

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BE it enacted by the Legislative A s s e e l y of Pondicherry in the.


Twenty-first Year of the Republic of India ad followc3

Short title, extent, commencement and duration.

1. (1) This Act may be calIed.the Ka~.iti&alAgricultural Labourer


Fair Wages Act, ? 970.
(2) It shall extend to the region known las Karaikal in.the Union
territory of Pondicherry .
(3) It shall corn? into force on such 1 date as the Government
may, by notification in the Official Gazette, appoint.

(4) It shall remiin i n force for a period of 2 six years from the date
of thecommencement of this Act 'and upon the expiry of this Act, the
provisions of section 5 of the General Clauses Act, 1897 (Central Act
10 of 1897), as applicable under section 2 of 8he Pondicherry General
Clauses Act, 1965 (1 3 of 1965), shall apply as Sf this Act had then been
repealed by a Pondicherry Act.

Definitions.
2. In this Act, unless the context otherwise requires,(1)

" agricult~lrallabaurer " means a person who, in cunsideration of wages payable to him by a landowner performs
manust labour on tha agricultural land of such landowner,
but does not include -

(a) a pannaiyal as defined in the Karaikal Pannaiyal Protection


Act, 1966 (3 of 1966);

i.

- -vide

The Act came into force on the 10th day lof Septe~ilber 1970,
Notification No. B-9494169-1 dated 5th September. 1970.
2. Substituted by Act 6 of 1974, section 2, w. e. if. 10--9-1973.
~

(b) a person engaged in the house-!101d work of the andowner &t


for cleaning cattleyard, o;,for storing manure at the backyud
of-the housi;
I

(2) '' agricultural land " means any land used fof th(e cultivation
of paddy, and includes any land used for &y purposes
subservient thereto, but does not include howd-site or land
used exclosiVely for oon-agricultural purposes; (
.
%

(3)

CdnciIi:ttion ~ f f i c e ; ' ~means . a - concilisjtiofi officer.


appointat under this Act;

(4)

('fair wages "means

the rate of wages spe/cified in the

(5) " Government" means the Administrator or the Union


territory of Pondicherry appointed by the ~resldentof India
under article 239 of the Constitution;

(5)

"

landowner "-

.--

thzough him, and


(b) in relation to a lrtnd oulti.,atecl by a culti~sting tenant!
means suzh cultivati~ig tenant.

Tenant3 Protection

(7)

Order, 1960.

"Reven,~e Court" means a Revenue


under this Act.

Ap~pintment of Conciliation Officers.

O
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constituted
~

I;.

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to be a Conciliation Officer' for the


of perforining the
functions entrusted to a Conciliation Officer by or unper this
Act.

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Constitution of Revenue Courts.

4. The Government may, by notification in- the Official


Gazette, constitute for such area as may be specified therein,
a Revenue Court which shall be 'presided over by an Officer
not below the rank of a Deputy Collector (Revenue), for the
purpose of performing the functions entrusted to a Revenue
Court by or under t6is Act.

Fair wages

payable to agricultural labourers.

' 5 . Every landowner shall pay fair wages to any agricultural labomer engaged by him.

Enforcement of payment of fair wages.


I

,
I

If any
refuses to pay the
agricultural labourer
liation Officer for a
6. (1)

landowner pays Isss than thefair wages or


fair wages to ary agricultural labourer, the
may make an :tpplication to the Concidirection under ~ub-section (2).

(2j On receipt of such application, the Conciliation Officer


shall hear the applicant and the landowner and afte; such
inQuiry, if any which he may consider necessary, direct-

(i) in the case df a claim a-isingout of the payment of


the fair wages, the payment to the agricultural labourer
of the - amount by which the fair wages payable to him
exceeds the amount actually paid by the landowner.
I ~ S 'than

(i)
in the c a s e of a claim arising out of non-payment
of"fair
wages, the payment of the fair wages to the
agficultural labourer.
-. .
. .

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Wages for

hapvest.

.. .
fcr harvest shzll
c

be paid at the thresh7. (1) The f i r wages


ing floor on whizh the thr~shing takes place and no partion
of the produce siiall be ren-oved from the thrvhing floor without payment of [air wages t o - the ag~iculturallabourer cpncerned .
'I

(2) If, as a result of a directio3 under sub-section (2) of


section 6, any amount of fair wages becomes payable t o an
..
Officer, or any person
agricultural labourer, the , Conciliation
authorised by him not below the rank of a Revenue Inspctor
(hereinafter referred to as tke authorised person) may,(i) in t h l case of hisvest, -

(a) recover in kind sxch am01 nt of fair wpges a t the threshing floor from oct of the harvested pzddy, and
(b) if tl e harvested oaddy or &y portion'thcreof has been
removed from the thr:shing flc or in cont:avention o r the
provisio:is cf sub-sec,ion (I), the Conci!iation OlLficer or the
aulhorist d pxson shz 11 rccoier in kipd the arlount of fair
wages fram the landcwner concerned and if such recovery is
not possible, the' Conciliation Officer or the authorised
pel-son s'lall recover the nmourit of cash vslue of such fair
wages from the landowner co-rrcerned as I$ such amount
were an arrear of land revenuz, and pay thj: amount so
recovered to the agricultural labourer concerned;

(ii) in the case o f . any. work other than harvest the


Conciliation ONcer, or the authorised person may recover
in kind or in cash the amount of 'such fair wages from
the landowner concerned as if such aaicunt were' an
arrear of land revenue and pay it to t h e
agricdtural
labourer concerned.
f
a

(3) ,The Conciliation Officer, o r the authorised


person
shall have all such powers a s are necessary to effect the payment<
of the fair wages t o the agricultural labourer including the
on which o r inio any .
power to enter upon zyy- land
building in which the hatvested ,paddy is kept.
'

'

8. (1) Against any find order &sed by a Conciliation Officer


under section 6, an appeal shall lie to the Revenue Court within
such time as may be p&scribed aml the decision of the Revenue
Court on such appeal shall, subject .to fht provisions of section.9,
be final.
'

(2) The Revenue Court shall have no. power to stay the
operation of the order of the Co-tion
Otfkxr pending the
disposal of the appeal.
Revision by the W c t Court.

9. The District Court may. call for and examine the record of
any Revenue Court in respect of m y proceeding under this Act
to satisfy itself as to the regularity of such proceeding or the
correctness, legality or propriety of any decision or order passed
thereon; and if, in any case, it appqars to the District Court that
any such proceeding, decision or order should be modified, annulled
or reversed o r - remitted for reconsideration, it may pass orders
,
accordingly :

Provided that the District Court shall hare no power to stay


the operation of any decision or order of the Revenue Court
pending the exercise of the powers under this section :
Provided further that the powers of the District Court undere
this section shall not be exercised in respect of an interim order'
passed by the Revenue Court :
Provided also that the District Court shall not pass any
order prejudicial to any party unless he has been gived a reasonable
opportunity of being heard.

Decision in appeal or revision t@ be given effect to.


of

10. (1)-where the amount of fair wa&s paid under sub-section (2)
section 7 to any agricultural 'labouxir is less than the

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amoudt of fair wages payable as a result of the declsion in appeal


or revision, the balance shall be rec~vered from the landowner
- concerned as if it were an arrear of land revenue apd paid to the
agricultural labourer concerned.

labourer concerned as if it were an arrear of land I revenue, and


paid to the landowner concerned.

BPf of jurisdieti~of civil

courts.

11, (1) Save as otherwise provided in this Act, in0 civil courl
shall entertain any suit or other proteeding t~ set aside or modify

any order or decision passed by any Officer or a@hority or ia


respect. of any other matter falling within his or i+ scope.

(b) requiring the discovery aod gradyctioq of idocgments:


avidbnce on affidavit;
I

(0) receiving

Code (Central

hct

43 of 1869),
I
I

Act, to override contsact and other Jaws.


.
.
/ <
13. The provisions of t'lis Act sllall have eFect notwithstanding
anything to the contrary contained ill any pre-e.:isting law, custom,
usage, agreement or decree - or order of a court.
. ,

. d

Power to make rules.

14. (I) Thz Government may, by notificat'oll in the Oficial


Gazette, make rules to carry 'out tbe purposes of this Act.

II

(2) .In particular and withou* prejudge e - t ~ t'le generality of the


foregoing power, such rules rmy provide for-

1
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(a) tho p:ocedure to be followed by the Co?ciliation OAIcer aid


the &vgqye Court;

(b) .the feqs to be paid for applications and appqals under this

AFI; .
tc) the powzrs of the ~znciliation Omcer nd the authorised
person necessary for effective. enforc~meqt of the rqvisions of this

'h

Act ;"

(df the r - ~ a q ~ qafr estimating the cash v?.!ue of fair wages in


k i ~ id

whih .is ,required to bo, or may b~


prescribed under this ~ c t e.' , . .
(e) any other matter

(3)-All pules made under this h t s h a l l , as soon as may bc aiter


they are made, be laid befor; the Legislative Ass:mbly, Pondicherry,
while it is in session for a total pcrio3 of fourteer- days which may be
comprised in one iessibn 'ot in two ' su:cessivs sessi,ns,and if before the
expiry of the session in which it is -so 'laid, or the session immediately
fpllowinge the LegiJatjve Assembly makes any modification in the
rule or decides that the rule , siould not be made or issued,
the ruki - shall thereixfter hive kffe.:t .only in such modified form
or lx'of no esecect;' as' tyi i+i.'rnay &; scj, however, tliit any such
md+ificatiod or annulmen't' skill be ivithout prejudice to the validity
of anything previously done under that rule.

THE SCHEDULE
[See se'ctiog 2(4)]
PART I
Men

All kinds of work during


bultivating season,

Rs. 3-00 or six litres of


paddy plus Re. 1 .2S P per day
Womgn

Al! kinds of work du&g


qultivating season.

' R e . 1.75 p. or fi\'e litres


of paddy plus 0-25 P. Per day.

does not inclpde ploughing where bullocks and


are provided by th$ agricultural labourer:

PART 11
Six litres out of every fifty-four litres of harvested paddy.
Explanation.- For arriving at the wages specified above no
deduction shall bq made either for kalavady or forany other expenses
from out of thO harvested heap till the agricultural labourers' w a s $
are paid.
-.
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Illustration- If 5.m litras of paddy is the total amount of paddy


harvested, the wag6; arable for the agricultural labourers engaged
for the harvest will be 600 litres and the balancemwillbe 4,800 litres
from which alone, tbe lzndowner will have to make apy deduction
for kalavady' or for any other expenses.

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