The Karaikal Agricultural Labourer Fair Wages Act, 1970

Short title, extent, commencement and duration.

1. (1) This Act may be called the Karaikal Agricultural Labourer Fair Wages Act, 1970.
2. (2) It shall extend to the region known as Karaikal in the Union territory of Pondicherry.
3. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
4. (4) It shall remain in force for a period of six years from the date of the commencement 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under section 2 of the Pondicherry General Clauses Act, 1965 (13 of 1965), shall apply as if this Act had then been repealed by a Pondicherry Act.

Definitions. In this Act, unless the context otherwise requires,—

1. (1) "agricultural labourer" means a person who, in consideration of wages payable to him by a landowner performs manual labour on the agricultural land of such landowner, but does not include—
   • (a) a pannaiyal as defined in the Karaikal Pannaiyal Protection Act, 1966 (3 of 1966);
   • (b) a person engaged in the household work of the landowner or for cleaning cattleyard, or for storing manure at the backyard of the house;
2. (2) "agricultural land" means any land used for the cultivation of paddy, and includes any land used for any purposes subservient thereto, but does not include house-site or land used exclusively for non-agricultural purposes;
3. (3) "Conciliation Officer" means a Conciliation Officer appointed under this Act;
4. (4) "fair wages" means the rate of wages specified in the Schedule;
5. (5) "Government" means the Administrator of the Union territory of Pondicherry appointed by the President of India under article 239 of the Constitution;
6. (6) "landowner"—
   • (b) in relation to a land cultivated by a cultivating tenant, means such cultivating tenant.
7. (7) "Revenue Court" means a Revenue Court constituted under this Act.

Appointment of Conciliation Officers.

Constitution of Revenue Courts Constitution of Revenue Courts. 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 this Act.

Fair wages payable to agricultural labourers.

Enforcement of payment of fair wages Enforcement of payment of fair wages.

1. (1) If any landowner pays less than the fair wages or refuses to pay the fair wages to any agricultural labourer, the agricultural labourer may make an application to the Conciliation Officer for a direction under sub-section (2).
2. (2) On receipt of such application, the Conciliation Officer shall hear the applicant and the landowner 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 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.
   • (ii) in the case of a claim arising out of non-payment of fair wages, the payment of the fair wages to the agricultural labourer.

Wages for hapvest. 7.

1. (1) The fir wages fcr harvest szhll be paid at the thresh- ing floor on whizh the thr~shing takes place and no partion of the produce siiall be ren-oved from the thrvhing floor with- out payment of [air wages to- the ag~icultural labourer cpncerned .
2. (2) If, as a directio3 under sub-section
3. (2) of section 6, any amount of fair wages becomes payable to an agricultural labourer, the , Conciliation . . Officer, or any person authorised by him not below the rank of a Revenue Inspctor (hereinafter referred to as tke authorised person) may,-
   • (i) in thl case of hisvest, - .
   • (a) recover in kind sxch am01 nt of fair wpges at the thresh- ing 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 or 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 of. 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 the agricdtural labourer concerned.
4. (3) ,The Conciliation Officer, or the authorised person shall have all such powers as are necessary to effect the payment< of the fair wages to the agricultural ' labourer including the power to enter upon zyy- land on which or inio any . * building in which ' the hatvested ,paddy is kept.

1. (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. (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 Wct Court. 9. The District Court may. call for and examine the record of any Revenue Court in respect of my 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 or- 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 :

Decision in appeal or revision to be given effect to Decision in appeal or revision t@ be given effect to. 10. (1)-where the amount of fair wa&s paid under sub-section

1. (2) of section 7 to any agricultural 'labouxir is less than the amount 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. (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.

Power to take evi6ence on oath. I

1. (b) requiring the discovery aod gradyctioq of idocgments:

1. (0) receiving avidbnce on affidavit; I Code (Central hct 43 of 1869), 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.

Power to make rules. 14.

1. (I) Thz Government may, by notificat'oll in the Oficial Gazette, make rules to carry 'out tbe purposes of this Act.

1. (2) In particular and withou* prejudge e-t~ t'le generality of the foregoing power, such rules rmy provide for-
   • (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 i AFI; .
   • (c) the powzrs of the ~znciliation Omcer nd the authorised person necessary for effective. enforc~meqt of the rqvisions of this Act ;"
   • (d) the r-~aq~qr af estimating the cash v?.!ue of fair wages in ki~d i
   • (e) any other matter whih .is ,required to bo, or may b~ prescribed under this ~cte' . , . .
2. (3) -All pules made under this htshall, 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 Legi Jatjve 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.