Enforcement of payment of prescribed wages

(1) If any landowner pays less than the prescribed wages or refuses to pay the prescribed wages to any agricultural worker, the agricultural worker or an official of the union of which he is a member may make an application to the Conciliation Officer for a direction under sub-section (2). (2) On receipt of an application under sub-section (1), the Conciliation Officer shall, after giving the applicant and the landowner an opportunity of being heard and after such inquiry, if any, which he may consider necessary, direct: (i) in the case of a claim arising out of the payment of less than the prescribed wages, the payment to the agricultural worker of the amount by which the prescribed wages payable to him exceeds the amount actually paid by the landowner; (ii) in the case of a claim arising out of non-payment of prescribed wages, the payment of the prescribed wages to the agricultural worker. (3) If as a result of a direction under sub-section (2), any amount of the prescribed wages becomes payable to an agricultural worker, the Conciliation Officer may: (a) in the case of harvest, (i) recover in kind such amount of the prescribed wages at the threshing floor from out of the harvested paddy; and (ii) if the harvested paddy or any portion thereof has been removed from the threshing floor in contravention of the provisions of section 19, recover in kind the amount of prescribed wages from the landowner concerned and if such recovery is not possible, the Conciliation Officer shall make a report to the Collector specifying the full particulars regarding the amount or cash value of the prescribed wages due to the agricultural worker concerned and on receipt of such report, the Collector shall proceed to recover the same from the landowner concerned as if it were an arrear of public revenue due on land; (b) in the case of any work other than harvest, recover in kind the amount of prescribed wages from the landowner concerned and if such recovery is not possible, the Conciliation Officer shall make a report to the Collector specifying the full particulars regarding the amount or cash value of the prescribed wages due to the agricultural worker concerned and on receipt of such report, the Collector shall proceed to recover the same from the landowner concerned as if it were an arrear of public revenue due on land. Explanation.—In this sub-section, "Collector" means the District Collector or any other Officer appointed by the Government to exercise the powers and perform the functions of a Collector under the Kerala Revenue Recovery Act, 1968 (15 of 1968). The Conciliation Officer shall have such powers as are necessary to effect the payment of the prescribed wages to the agricultural worker, including the power to enter upon any land on which, or into any building in which, the harvested crop is kept. (1) The provisions of this Act and the Scheme shall have effect notwithstanding anything inconsistent therewith contain in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this section: Provided that where under any such award, agreement, contract of service custom or otherwise, any agricultural worker was enjoying immediately before the commencement of this section benefits in respect of any matter, which are more favourable to him than those to which he would be entitled under this Act, the Agricultural worker shall be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act. Nothing contained in this Act shall be construed as precluding any agricultural worker from entering into an agreement with a landowner for granting him rights or privileges in respect of any matter, which are more favourable to him than those to which he would be entitled under this Act. For the avoidance of doubts, it is hereby declared that nothing contained in sub-section (1) or sub-section (2) shall be deemed to enable a landowner to enter into any agreement in contravention of the provisions of section 7. The Board may appoint with the prior approval of the Government, such sub-committee as it may deem fit for the proper discharge of its duties and members of such committees shall be allowed travelling allowance and daily allowance at the rate and subject to the conditions specified in paragraph 19.