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The Tamil Nadu Agricultural Labourer Fair Wages Act, 1969

Act 19 of 1969

Keyword(s):
Agricultural Land, Conciliation Officer, Fair Wages, Landowner, Revenue
Court

Amendment appended: 65 of 1981

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An Act .t oi provide :forvpaywertt. of .
agricultural Zabourkrs iri certai~! nr&
Tamil Nodu and .for motters inc
BE it enacted by the Legislature of the .
Nadu' in 1he Twentieth Year of the Re
as follows :--

title and
1~ir:librt 1. (1) This Act m~.y bc called the Tamil Nadu A
~ommence cultural La bvurer F~tirW;rges Act, 1969.
mtnt .I
(2) (a:) It sh?tl bs d2crned to h ~ come
e into
on the 5th d3y of August 1969 in ths taluks in the Th
vur dist~ictspecified in Schedule I.
(6). The Goyerpmpnt Eay,
I
tKat the provisions of this Act s
an$ lother area - on 6ueA:date; a p may
notificationt and different datbs may
different areas.

' ' , & i u$*c- . &&-8i*~$. ;**


* For Statemqqt of Objects and Reascms, see
Gd-Wej$ttaorditiary, the 21st Augtist 1969, Part IV
14
t 3; page 149. 1.

his ieadiii was su$stipteQ for he kcadin


corr mencement and durdtion" by' section
Agricul ~ ~ r Labourer
al Fair Wages (Amendmen
Nadu Act 24 of 1972).
P
7 The provisions of this Act have come into force in the
in rhe newly upgraded taluks of the Tiruvarur and Vedarany
the Thsnjav,rr district respectively with effect on and from the
Septenzber 1975 and 30th July 1480 vide Govcrnn~
No. !I (2\1Rev/9373/75, dated 24th September 1975 a
NQ. I I :2)1Kev/3464(c)/l(C\, dated 31st July 1680,

'T
." - *.- +" - -- - -- .."-. *.

. . .

93~
-- -
.. - -

Agriculturdl .Labourer Fair Wages

Nadu Agri-
) Act; 1972;

i "
unless the context ijtherwise re yu'ires,- DC:€initions.
meah$ d persod wlio.lias c~11ipl2ted his .

"~gricult&sl l~.b&~irt;r"me?,ns a s i s o n
nsideration c f wages payable to him by a laMA
performs manual .labour, on the. agricultural land
h landdwnei, but does nGt ihclua&--

tIIeRnS any lend used for the


cludes any l m d used for any
but does not incl lde house-
r non-~..gicnlturzipurpsses ;
~ o i c i l i d i o nOfficer" mems in relation to ?.ny
appointed under this Act

the rate of w.-.ges specified

(5) 5):c.~avc!ernment4"
means the State Government ;

eriving rights through him, and


----

e of the 4th day of


was omitted by section 2

il Nadu Act I of
n repealed by a Tamil
E
:r:
682 ' Agriclrltr!rui Labourer Fair Wages . - [I969 : T.N. Act l9..'1- $4$4
*

(b) in relation toea land cultivated by a cultivating


tenant means such cultivating
. % .
.- .
tenant.
Explanation.- "Cultivating tenant 'she.ll'havethe
".'

meaning as in clause (aa) of section 2 of the Tamil Nadb


Cultivating Tenants Protection Act, 1955 (Tamil Nadu
Act XXV of 1955) and itl clause (5) of section.

',
a
Tamil Nadu Public Trusts Regulatj~n.. of,Adqp
tion of Agricul~uri?lLznds) ct, 1961 (Tamil Nr.
57 of 1961) ;

the Revenue Court constituted ubder

3. The ~overnment l-,k$

melrt not below t


tion Officer. for the purpose of p ~ i f ~ t m i 3thc'
g f~~~ctic
entrusted to a Conciliation Officer by or under this A

ment not below the


for the pwpos; of
to a Revenue Court

nforc~mmtof '[ti. ( I ) If any landownkr pays


payment of fair or refuses to pay the fair wages to
compensation. theagriculturallabourerorany
of :&evenue Inspect
'

Officer in this behalf, may ma


Conisiliation-O@.cerfor a direct
-

This section was


by section 2 of the Tam
(Amendment) Act, 1981
"6, Enforcement of
- pzys Is?f!~zr, tbe fBir msges or
-.

--- w*cpr -r
- -.
on receipt of such ipplication. the Conci1ia;i-n
r shall hear the applicant and the landowner and
such inquiry, if any, which he may consider neces-
y, without prejudice to any othcr pendty to which
,landowner may be liable undei this Act, direct,-'
e of a claim arising out of the payment of
wages, the payment to thc agricultxl-a1
amount by which the fair wagcs payable
him exceeds the amount actually paid by the land-
with the payment of su~li~compensatioil,
ion Officcr may think fit, cot cxceeding
times the amouizt of such excess ;
. 1

(ii) in the case of a claiin where the landowner


ir wagcs, the payment of the fair wages
ricultural labourer, together with the
colltpcnsation, a.s .,the Conciliation
fit, not exceeding tell times, the fair

e Conciliation Oficcr may direct paymnent 13f such


ensation in cases where the excess a r the amount
le is paid by the lal~downei.to the ag;ricultural
ouror before the djsposal of the applicat~on.) -
I

arvest shall be paid .at the Wages for


threshing t ~ k e splace; and h m a t *
hall be removed fiom the
tnt of fair wages to the
. I . .
---
bourer may make an appli-
direction under sub-section
iliation Officer shall
after such inquiry, if any,

ceeds the amount


rising out of non-payment of fair
pa-nt of fair wages to the agricultural labourer.".
(2) If, as a result of a direction under
of section 6, in-g amdt.t!b uf Lf9ir wflge
sation] ~ & C O I = S 6ayahle to an agrroult
the Conciliation O f f i ~ r.or ., autnori@
, any pers~n . .* t
I b
not &low the rank of 6 Rtvenue In,spt3'cto:. .(librei. *
referred to as t h ~person authoridd) may,-

(i) in the case oP harvest,-


" * 4. ., . ""
(u) recover in kind such amount of ''[fafair? v:ages
t
and compensation] at the threshing floor from out dt' the
herveste'd paddy, add
(6) if the harvested paddy or any portion thenof
has been removed from the tlueshing floor in wnt.raven-
tion of the pravisions qf syb-section (I), the Conciliatio
Officer or the person aiithorised shall ie'dver ihi,ki"
the amount of '[fair wages and co@.pc~lsation] froin
land owner concerned and if such recovery is not pos
the Conciliation Officer or tk person authorised
recztvci thb amount of cash value of su.c;l '[fair wiges ii
compensatioc] from the landowner concerned as if su
ax-unt were an arrear of laud revenue,
9 i

and pay the amount so recovered to the agricul'tura


labourer concerned ; *

to the agricultural labo~rer comcerned.

---- -
. - -
. - --

I969 :T.N. Act 191


.. -
Aaricultural Labourer - ---- W
- Fair -- i z ~ --0

ny final order passed by a Conciliation Appeal. .


n 6, an appeal shall lie to the Reverne
time as may b;; prescribed and the
ue Court on such appeal sliall, subject
. . section 9, be :final.
rovisions of s

@4
.: (2) The Revenue Court shall have no vower to stav
. ---
order of the cQnciDatidi o$&
>

of the appkal.

opri may call for and examine the Revision by the


' t iespect of any procmding District Court,
~ b u i'in
sQ itself as to the regularity of such
orre ctness, legality or propriety of
'
p ~ s s e dtherebn ; and if, in a.ny
ppears to the District Court that any such pro-
decision or order shoula 6e niodified, annu'lled
for re~drisiiierationiit mav pass
se&'6r';lremitt'ed1

he District Court shail have no power


Il-o stay the operation pf ally decisiqn or order of the
Revenue Court pctldiiig the exercise of the powers u n b r
LpB spction :
t & '.'I * =
Proyided furthcr that the powers of the District Caul:
Lbintcrim
der this section shall not be exercised in respect of
0rdt.r p ~ s s e dby the Revenue Crurt :
'

:provided also that the District Court shall rot pass


!@y order prejudicial to any party unless he hhas been
:n a rcasonablc opportunity of being heard.
k,>10.(1) Where the amount of fair wages paid under Decision in
1-section (2) of section 7 to any agricikltut:.l labourer appeal or
less than the amount of fair wages' payr.ble es a lesult revision to be
given eiTcct t@.

-
r
the decision in gp a1 or levision the balance' shall -be
overed from 'the 4 ndbwnef con-wr&tlfisrifi
*
it b e an
.. - . % "

) . here the amount of fair wages paid qndet sub-


:(r%$.s&ction 7% any igrieuliur~l'laborreg is
8s qf *be -Xmduat ofi fair 'wsg'es $df~.ble a s a.sesult
d5d.lsion in'apijeal o r revisiob,"sulcfi'eices's shall be
rzd frpm the
. a . I agricultui2 1 la bouler concet ned as if
re' an artear of land 'reven~e,ad-paid . ,
t o the land-
:r concerned. . &.
Agricultural Labourer . . t. ,

I
I

[ I ) Wo injunction shpll be gxaiited by sny,court


resped of any action taken cr tc be tr.ken by any dfkcei.
authority in pursuance of any power conferred by
' under this Act.

witnesses ;

-
.

Agricultural Labourer Fair BYa

Alteration of
rates in
Schedule 11. ,

(2) Before issuing the notification under sub-section


the Governn~eut shall take into con ;ideration the
owing fadors, namejy :-
( a ) the availability of the labour in the area, or

( b ) the price of essentid commodities in the

( e ) the rise in the cost of living in the are& or

)' such other fxtors as - may. be prescribed.


, &t ' $ 9 8 ...' t ; :
7. .

I . . .

-- . ,

.*. ,.,. a.1 ." 'L


. . .
688
l

or order of R COU~:

to 8 - 14. (1 ) The Government may "ake- :rules to canY' C.

na~es. out the purposes' of this Act'.


(2) In Particulu and without prejudice
gt-n~rr,li:y of th- fbftgbing POW", such ~ulesmay PrQvl
for-
)(, all matters expressly required owed b
this Act to be prescribed ;

- ._ --p- *- ^ ~ --" - -,,


.

Agricu.ltura/ Labower,$ 831, !I I, ~ t *

15. The 'I'a11'amil Nadu Agncu1tur;u L:.bOurel r:irRepeaL


Wages Ordinance, 1969 (Tamil Nadu Ordioanc' 2 .
1969) is hereby repenlcd.
b

ki
P

SCHEDULE
!.!
$[Seesection 1 ( 2 ' I a
t'

&rib1
number Nume of taluh.

z Nagapattinam
t
i:
I Nanzmikm,
4.:
& < ~ ~ ~ % $ * "

p," *
/"-,
2-*, ;-
I

: e.
4;: ,
I #+ ,(

- - ~ 6, 9 0 ~ ~ r i c u l t u rLabourers
a l - -.--- . - - Fair Wages
-- - [I9 - - - - -
". '
1 .
----.- - --

. + SCHEDULE I1
[See szction.2 (4
PART I.
Adults,
For persons engaged in ploughing, sowing, plucking
of saedlinps, forming, trim.ning and maintenance o f lands
and channels, prepxation of land for sowing and tra
plantation, transport by manual labour of inputs
produce-
Seven litres of paddy+ Rs. 2. h0 per day
or
I
I
- Rs. 9.0;) per day.
For prsons engaged in trans$ iant dtion, weeding
other agr'cultura1 operations not specified-
Six .itres cf paddy+Rs. 1.80 per day
or
Rs. 7.00 per day.
Non-Adhlts.
All agri suliurcil operations-
Four Iiircs' uC p'rcldy-t Rs. 1.53.
0r
Rs. 5.00 pcr day.
E.$lanation.--(l) Ploughing will not include provisio
of bullocks ind ploughs by the 1z;bourer.
(2) Hsurs of work for all operations other tha
ploughing will be seven hours per day and for ploughi
five hours per day.
(3) Persons required to work at night shall be pa
Eft y per cent additional wages.]
I -
I I( The plesent Palt I of Schzdula II was substituted
I
notification q o . 11 (2)/REV/3673/(i)lSl. Revenue Depa
publishsd in Part 11-Section 2 of Turn*l Nadu G.iv
Gazetre Extraordinary, dat':d the 1st Septembsr 1981.
rThe original Part I of Schedule If read as follows :- 8 *
(*PARTI. - h
i
Men. :*8

All kinds of work during cuIti- Rs. 3.00 or six Iitres of paddy.,
vat ion seasom. plus Rs. 1.25 P. per day.
Wornerr.
All kinds of work luring cdti- Rs. 1.75 P. or five fitre of:
vation seasen. paddy plus 0.25 P.per dy,
E+pmtion.-" Work " does not include ploughias r&
bullocks and ploughs are provided by the ~griculturallabourer. "-$j
The above original Part I of Schedule U
- following Part I by dedibD 3 of the Tamil Nad
Fair W w ( m d )- Ad, 1981
of lSl)r--
Ire

*.+' -""-*>- .* .**,


.-7 .
t
hd Rate of wages.
t3
Y'
* 0-

--Purtltg---the p~riodcornmen-
--- L--- - ---.-C------c----.ll.lr
-3
Agr icaifturul operations. During the period commert- Dliririg the pzr id comirzert-
I cing oit the 24th February cing on the 5th November cing on the 5th September
A 1979 and ending with the 1979 and ending with the 198i) nlld errdie with the
s 4th November 1979. 4th Septemt,e'r 1936. 15th October 1980.

AduIis engzged in ploughing, ?!=.en litres of pa*ldy+ ;even iitres of paddy+ Szven iitres of paddy+
sowing, plucking of seed- Rs. 2.80 pzr (fay Rs. 2.80 per day Rs. 2.80 per aay
lingp, forming, trimmiqg or or or
and maintenance of lands Rs. 7.23 pe: day, bet~veen Rs. 7.20 per day. Rs. 7.30 per day.
and channel s, preparat ; 3n 1st June and 3Clh Sep-
of land for sowiug a..d tember and Rs. 6.60
. transplantation, transport Per day between 1st
by manual labour of October and 3 1st May,
inputs or produe.

Adults engaged in trans Sir? !:ties of paddy+ Six itrcs of p;a&!y-J- Six iitres of paddy+
plaatation, weeding or Rs.1.80 per day Rs. 1.80 per day Rs, 1.60 p ~ day
r
I atha: agricultural ope- or or or
$ rations not specified Rs. 5.60 per dly between Rs. 5.6!1 per da . Rs.6.20 per day.
1st Jurie and 3 0th Sep-
t c mber and Rs. 5,00 per
day between 1st Octo-
ber and 31st May.
:,2j $=&
f (1)
No~*dfillj e n l l ~ dill all
* <: 2

(3) (4)
F-ur . l i t m ' of' padd'+c Four litrcs of paddy+ Four 1it rcs of paddy+
azricultural omrat ions.
r
Rs. -1.50'hi.idayl' " . Rs. 1.50 per day. Rs. 1.50 per day.
,or-., oi or
I- Rs..9-00.per ,day?bet f&. . Rs., 4.00 iper..day. Rs. 4.4G per day.
1st June arid 30th e p
Rs. 3.60
S
. . per.dayand
ttmber between, 1st
October and 3 1st May.
kxplanatfon,~'l) Ploughing will not include provision of b u l l ~ ~ kand
r ploughs by the labourer.
(2) Hours of work fdr all operations o t b ~than ploughing will be ;:v:n h3u s par day and for plo~ghingfire hours
Per day.
(3) I D ' r q .~cai~.lrcg
~s be paid fifty p:r cent additional wages."]
to work at night s,haII ,.-
- ,

- .. * .
PART [I.
H~rvest.

S i x litres out of w r y fifty-four litres ot haruztre i

i ar~iving
at the wages cpcci&d .hove,
on shall be made either fof: kalavadi ar I'oc
lother .expenses from ~ u 3t f the harvested heep till
agricultural labourers' wages ate paid.
I .

,400 litres of paddy is the total amount


he wag2s payable for the agricultural
r the harvest will be 600 l i t r ~ sand
00 litres, from which alone, the land-
any deductioris for ' kaldvady ot for
6 12 dgricu2t~r~i Labourer Fair [19$l: i
: 65
k g e s (second Amendment)
i'.c4JMKW U ACT BO. 65 OF 19811
1 H E TAMIL NADU AGRICUL'I'URAL L A B O U ~ R
P A ~ K WACibS (SECUNL) AMhNUMW?) A( 'T,
1981.

received the assent oj' the President on the 25th November


196 1, frrst published in the Tamil Nadu Gov&%men.t ,
Gazette Extraordinary on the 28th Nov&b$t" 4981
(Karthigai 13. Thunmathi-2012-ThiruvaNuvar Aandu).]
An Act further to amend the Tamil Nadu Agricultural
~5!bower Fair Wages Act, 1969.
BE it enacted by tae Legislature of tbe State of Tamil Nadu
in tbe Tblrty-second Year of the Republic of India as
iollows :-
Short title 1. (1) This Act may be called the Tamil Nadu Agri-
and corn-
mencement. cultura1 Labourer &air Wages (Second Amendment)
Act, 1981.
i2) Sections 2 and 3 shall be deemed to have come into
force on the 24th February 1979.
2-3.[The amendments made by these sections have been
incorporated in the principal Act, namely, the Tamil Nadu
Agricultural L~bourerFair Wages Act, 1969 (Tcunil Nadu
Act 19 04' 1Y6Y).]
Of
fair wag= 4. Notwithstanding anything contained in section 12-A
Paid. of the principal Act or any rule made thereunder or in
any judgment, decree or order 0:' any court or ether
authority, all fair wages paid to ox received by, or pup
porting to have been paid to or received by, any agricul-
tural labourer at the rates specified in Part 1of Schedule 11
to the principal Act, as amended by section 3 of this Act,
for the period commencing on the 24til February 1979
and endil,:L with the l5tn Octuber 1980, (hereafter in
this reaion rcferred to as t l ~ esaid period), shall, for all
purposes, be deemed to be, and to have always been,
vahdly paid or received in accordance witb law, as if,
section 3 oi this Act had been in force at a:l material times
when such falr wages were paid or received and accor-
kingly,-
--

*For S;atcmznt of Gbjttcis and Reasons, see Tamil Nadu


Govtrmeizt Guzrae Exukordinery, daied the 26th August 1981,
part 1V-Section 1, pages 720-721,
@$I : T.N. Act 651 ~gricdturalLabourer Fair 613
Wages (Second Amendment) -

(a) all acts, proceedings or things done or taken by


any authority, officer or person in connection with pay-
$ meat of such fair wages for the said period shall, for all
: purposes be deemed to be and to have always been validly
done or taken in accordance with law ;
(b) no suit or ot3er proceeding instituted or initiated
by a land owqer before the date of the publication of this
Act in the T w i l Nadu Government Gazette fot ref1 nd of
fair wages already paid to, or received by, any agricultural
labourer for the said period on tbe ground that such pay-
ment of fair wages was n u t in wbulLrci;ce with law, shall
be mt$ntained or ccntinued in any court ;
(c) no court shall enforce any decree or order directing
the refund of any fair wages so paid for the said period.

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