Preference for employment as agricultural workers

(1) The landowner shall not employ any agricultural worker other than an agricultural worker who has worked in the same land during the previous agricultural season: Provided that preference shall be given to agricultural workers employed for the previous agricultural operation in the same agricultural and during the same agricultural season: Provided further that where there are permanent workers of the landowner, such workers shall be given preference over other agricultural workers. Explanation.—For the purposes of this sub-section, "permanent worker", in relation to a landowner, means an agricultural worker who is bound by custom or contract or otherwise to work in the agricultural land of that landowner. (2) Notwithstanding anything contained in sub-section (1), where any agricultural worker has worked in the land of a landowner during three consecutive agricultural seasons, prior to the previous agricultural season, he shall not be denied employment merely on the ground that he has not worked during the previous agricultural season, provided his absence during that season was due to reasons beyond his control. (3) Nothing contained in sub-section (1) or sub-section (2) shall be deemed to enable the landowner to refuse employment during an agricultural season to an agricultural worker eligible to be employed by the landowner under either of these sub-sections but who has not offered himself for employment on any previous day of that agricultural season. (4) Where the agricultural workers mentioned in sub-section (1) of sub-section (2) or sub-section (3) are not available or the number of such agricultural workers available is less than the number required by the landowner for the agricultural operation in his land, nothing in those sub-sections shall be deemed to prevent him from employing other agricultural workers. (5) Notwithstanding anything contained in the foregoing provisions of this section, no landowner shall be under an obligation to employ any agricultural worker— (a) who does not offer himself for employment; or (b) who is more than sixty years of age; or (c) who is incapacitated and is unable to do the work; or (d) who has intentionally caused damage of crops belonging to the owner or caused any other loss to the landowner. Any Director may resign his office by letter in writing addressed to the Government through the Chairman and his office shall fall vacant from the date on which he renders his resignation: Provided that the Chairman shall send his letter of resignation to the Government directly.