kerala agricultural workers act, 1974

V.SIVARAMASETHU,M.A.,M.L.,

KERALA AGRICULTURAL WORKERS ACT, 1974 V.

Sivaramasethu

IMPORTANCEKerala is the first state in the country enacted

a Law specifically to protect the agricultural workers

It is an umbrella Legislation providing various benefits for Agricultural workers

Later Tripura state enacted ‘Tripura Agricultural workers Act,1986’ in the model of KAWA

OBJECTTo provide for the welfare of agricultural

workers in the state of Kerala To regulate the conditions of their work.

WELFARE OF AGRICULTURAL WORKER’S The Govt. is authorized to frame an

Agricultural Workers’ Welfare Fund Scheme under this Act for the welfare of agricultural workers. As per this section, the Govt. have constituted an Agricultural Worker’s Welfare Fund Scheme in 1990 (Section-8)

CONTRIBUTION BY AGRICULTURAL WORKERS

The contribution made by the workers is the major source of income to the Agricultural Workers’ Welfare Fund Board constituted under section 11 of the Kerala Agricultural Workers’ Act, 1974.

Every registered agricultural worker shall pay contribution to the Fund at the rate of five rupees per mensem (As per 2012 amendment bill ten Rupees per mensem)

CONTRIBUTION BY THE LAND OWNEREvery land owner holding more than half

hectare but less than one hectare in extent of agricultural land shall pay contribution to the Fund at the rate of rupees ten per annum for the land held by him

Those holding one hectare and in excess thereof in extent of agricultural land shall contribute fifteen Rupees per annum per hectare of land or part thereof held by him in the manner prescribed.

GOVERNMENT CONTRIBUTIONAny loan, grant or advance made by the

Government of India, the State Government, a local body, or any other institution shall be credited to the Fund.

The Government shall contribute to the Fund every year, by way of grant, an amount equal to that of the contribution paid by registered agricultural workers in every financial year.

WORKING HOURS AND REST HOURSThe daily hours of work of an adult

agricultural worker is 8 hours and for adolescent or child are 6 hours

INTERVALS FOR REST :The period of work on an agricultural worker shall not exceed four hours and he shall not work more than four hours before he has had an interval for rest for at least half an hour. (Section-17)

WAGES PAYABLE TO AGRICULTURAL WORKERSAn agricultural worker is entitled to receive a

prescribed wage notified under this Act (Section -18)

Wages for over-time work-Where an agricultural worker is required by the land owner to work for more than the number of hours of work fixed, he shall be entitled in respect of each hour of such over-time work to wages at the rate of twice his ordinary rate of wages for one hour.

Provided that nothing contained in this section shall apply in respect of harvest or any work connected therewith.

WAGES FOR HARVESTThe prescribed wages for harvest shall be

paid at the threshing floor itself. Unless the prescribed wages is paid, no portion of the produce shall be removed from the threshing floor (Section-19)

ENFORCEMENT OF PAYMENT OF PRESCRIBED WAGES

If any land owner pays less than the prescribed wages or refuses to pay the prescribed wages, the agricultural worker or an official of the union may apply to the conciliation officer for a direction to pay the prescribed wages.(Section-20)

SECURITY OF EMPLOYMENT 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 further that where there are permanent workers of the landowner, such workers shall be given preference over other agricultural workers(Section – 7)

SETTLEMENT OF DISPUTES Conciliation Where an agricultural dispute exists or is

apprehended, the conciliation officer may hold conciliation proceedings for the purpose of bringing about settlement of the dispute.

If a settlement is arrived conciliation officer shall send a report to the district Labour Officer together with a memorandum of settlement. If no settlement is arrived, the conciliation officer shall after the close of the investigation, send a full report to the District Collector, through the District Labour Officer.

If the district Collector is satisfied, that he may refer the dispute to the Agricultural Tribunal for adjudication.

If no such reference is made, he shall record and communicate his reasons to the parties concerned. (Section-22)

Under Section-25 the Govt. can voluntarily refer the dispute to the Agricultural Tribunal for adjudication or decide the dispute themselves.

APPEAL

An appeal against the order of a conciliation officer regarding the payment of prescribed wages shall be preferred within 30 days to the Agricultural Tribunal. (Section -23)

PENALTIES The offences under the Act shall be

punishable with imprisonment which may extend to six months or with fine which may extend to Rs.1,000/- or with both.(Section-27 to 30)

For a subsequent conviction, of the same offences shall be punishable with enhanced penalty with compulsory imprisonment (Section-31)

WHO CAN FILE PROSECUTIONSThe Government, or an officer authorized by

the govt. A person with previous sanction in writing of

the govt. (Section-33)No court inferior to that of a First Class

judicial Magistrate shall try the offences.

REGISTERS

The executive authority of every local authority shall prepare a register of agricultural workers residing within the jurisdiction of that local authority (Section-35)

Every land owner shall maintain a register of employment and wages in Form-8 (Section-36 read with Rule - 23)

RECOVERY OR MONEY DUE FROM LAND OWNERSAny money due to an agricultural worker

from a landowner can be recovered as if it were an arrear of public revenue due on land. (Section-39)

CONCILIATION OFFICER (UNDER SEC-3)

The Government may by notification in 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.

LIMITATION Limitation for prosecution is three months from

the alleged commission of the offence come to the knowledge of the person filing the complaints. (Section-34)

THANK YOU