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 land 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 land owner, means an agricultural worker who is bound by 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 land owner to refuse employment, during an agricultural season, to an agricultural worker eligible to be employed by the land owner under either of those 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) or 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-section 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-five years of age in the case of male worker or sixty-years of age in the case of a female worker ; or (c) who is incapacitated and is unable to do the work ; or (d) who has intentionally caused damage of crops belonging to the landowner or caused any other loss to the landowner.