Amendment status not verified — confirm the current text below against the official source.
Definitions—In this Act, unless the context otherwise requires,- "adult" means a person who has completed his eighteenth year of age; "adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year of age; "agricultural dispute" means any dispute or difference between landowners and lando,ners or between landowners and agricultural workers or between agricultural workers and agricultural workers which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person. Explanation.—Where any landowner discharges, dismisses, retrenches or otherwise terminates the services of, or denies employment to, an individual agricultural worker, any dispute or difference between that agricultural worker and his 'employer connected with, or arising out of, such discharge, dismissal, retirement, termination or denial of employment shall be deemed to be an agricultural dispute notwithstanding that no other agricultural worker nor any union of agricultural workers is a party to the dispute; 3/214712017/S-I0. '4gricultural land" means any land used for cultivations include any plantation as defined in the Plantations Labour Act, 1951 . (Central Act 69 of 1951); "Agricultural Tribunal" means, in relation to any area, the Agricultural Tribunal constituted under this Act for that area; 4agricultural worker" means a person who, in consideration of the . wages payable to him by a landowner, works on, or does any other agricultural. Operation in relation to, the agricultural land of such landowner; '["(g) f'Board" means the Agricultural Workers' Welfare Fund Board constituted under section II;";] "child" means a person who has not completed his fifteenth year of age; "Conciliation Officer" means, in relation to any area, the Conciliation Officer appointed under this Act for that area; ) 'f family" means husband, wife and their unmarried minor children or such of them as exist; (k) "Fund" means the fund established in pursuance of sub-section (1) of section 8; (I) 'inspector" 'means an hspector appointed under sub-section (1) of section 5 or deemed, under sub-section (3) of that section, to be appointed for the purposes of this Act; (rn) "landowner" means,- in relation to a land personally cultivated, the owner of such land; in relation to a land held by a cultivating tenant, such cultivating tenant; in any other case, the person in actual possession of the land, and includes his heirs, assignees and legal representatives. Substituted by Act 6 of 1990. Explanation f—For the purposes of this clause,- "cultivating tenant" shall have the same meaning as in clause (8) of section 2 of the Kerala Land Reforms Act, 1963 (1 of 1964); and "personally cultivate" means cultivate either solely by one's own labour or with the help of the members of his family or hired labourers or both, or personally direct or supervise cultivation by such members or hired labourers or both, provided that such members or hired labourerü have not agreed to pay or to take any fixed proportion of the produce of the land they cultivate as compensation for being allowed to cultivate it or as remuneration for cultivating it. Explanation 11—For the avoidance of doubts it is hereby clarified that the Government shall be deemed to be the landowner, where the land referred to in sub-clause (i) or sub-clause (iii) is land owned by, or, as the case may be, in the actual possession of, the Government; (n) "prescribed wages" means- (i) wages at such rate, not being- less than the minimum rate of wages fixed or revised under the Minimum Wages Act, 1948 (Central Act 11 of 1948); or more than fifteen per cent in excess of such minimum rate of wages, as may be specifiedby the Government by notification in the Gazette; or (ii) the agreed rate of wages, - whichever is higher. Explanation—For the purposes of this clause, the rate of wages decided by an industrial Relations Committee constituted for any area or the rate of wages agreed at conferences held by the Government or the Labour Department of the Government in respect of any area shall be deemed to be agreed rate of wages for that area during the period covered by such decision; (o) "prescribed" means prescribed by rules made under this Act; '["(p) "Scheme" means the Agricultural Workers' Welfare Fund Scheme framed under sub-section (1) of section 8;".] •(q) "wages" means all remuneration, whether payable in cash or in kind, which would, if the terms of employment, express or implied, were Substituted by Act 6 of 1990 fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, but does not include- (i) lithe value of- any house accommodation, supply of light, water or medical 1 attendance; or any other amenity or any service excluded by general or special 11 order of the Government; or (ii)any contribution paid by the employer under any scheme framed 'under any law for the time being in force; (iii) 'fany sum paid to the person employed to defray special expenses ientailed on him by the nature of his employment. CUArER II OFFICERS AND AGRICULTURAL TRIBUNAL AppSintment of Conciliation Officers — The Government may by notification the Gazette, appoint for any area specified therein any officer of the Labour Department not below the rank of Assistant Labour Officer to be a Conciliation Officer for the purpose of performing the functions entrusted to a Conciliation Officer by or under this Act. 11 Consiitution of Agricultural Tribunals.—(l) The Government may; by notification in the Gazette, constitute for any area specified therein an AgriculturalTribunal for the purpose of performing the functions of the Agricultural tribunal under this Act. (2) An Agricultural Tribunal shall consist of a sole member, who shall be an offic4 notbelow the rank of Deputy Collector, appointed by the Government. I! JnspeAtors.—(l} The Government may, by notification in the Gazette, appoint- () such officers, or (b) such persons as possess the prescribed qualification, as they think fit, to be inspectors for the purposes of this Act and define the local limits within they shhll exercise their powers. (2) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,- enter, at any time after sunrise and before sunset with such assistants (if any), being persons in the service of the Government,or any local or other public authority, as he thinks fit, premises or places where agricultural workers are employed or where he has reasons to believe that records are kept, for the purpose of examining any register or record of wages required to be kept under this Act or the rules made thereunder nd require the production thereof for inspection; examine any person whom he finds in any such premises or place and whom he has reasonable cause to believe to be an agricultural worker; seize or take copies of such register or record or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by a landowner; and exercise such other powers as may be prescribed. (3) Until Inspectors are appointed under this Act, the Inspectors appointed under the Minimum Wages Act, 1948 (Central Act 11 of 1948), shall be deemed to be Inspectors appointed under this Act for the area in which they exercise jurisdiction under the said Act. Facilities to be offbrded to Inspectors—Every landowner shall afford an Inspector all reasonable facilities for making an entry, inspection, examination or inquiry under this Act. CHAPTER III SECURITY OF EMPLOYMENT AND WELFARE 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. H Explanaion.—For the purposes of this sub-section. "permanent workdr", 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. 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 nearely on the ground that he has not worked during the previous agricultural season, provided his absence during that season was due to reasons be. his control. Nothing contained in sub-section (1) or sub-section (2) shall be deemed to eyable the landowner to refuse employment during an agricultural season to an agricultural worker eligible to be employed by the landowner under either of thSe sub-sections but who has not offered himself for employment on any previous day of that agricultural season. 1here 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. Notwithstanding anything contained in the foregoing provisions of this section, A0 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".] who is incapacitated and is unable to do the work; or Who has intentionally caused damage of crops belonging to the owner or caused any other loss to the landowner.