The Tripura Agricultural Workers Act,1986

Tripura Act No. 9 of 1986, 

  

The Tripura Agricultural Workers 

Act, 1986 

  

Berner de 
ErpmrasB 

 





Published in the 

EXTRA-ORDINARY ISSUE OF TRIP URA GAZETTE. 

Agartala, Tuesday, July 8, 1986 A. D. 

Asadha 17, 1908 S. E. 

Government of Tripura 

Law Department 

No. F.2(11)-LAW/LEG/84 
Dated, Agartala, the 26th June, 1986. 

Tripura Legislative Assembly received assent of 
The following Act of the 

ereby published for general information. 
the Governor on 10-4-1986 and, is bi 

a
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TRIPURA ACT NO. 9 of 1986 

JHE TRIPURA AGRICULTURAL WORKERS ACT, 1984 

AN 

ACT 
‘ 

to provide for welfare of agricultural workers in the State of Tripura and to 
regulate the conditions of their works. 

Whereas it is expedient to provide for the welfare of Agricultural workers ® 
in the State of Tripura and to regulate the conditions of their works ; 

BHit enacted in the Thirty Seventh Year of the Republic of India as follows :— 

CHAPTER—I 

Preliminary 

J. Short title, exten¢ and commencement—(I) This Act may be called the 
Tripura Agricultural Workers’ Act, 1986. 

4) It extends to the whole of the State of Tripura. 

(3) It shall come into force on such date as the State Government may, 
by notification in the Official Gazette, appoint, and different dates may be 
appointed for different areas and for different provisions of this Act. . 

2. Definitions—In this Act, unless the context otherwise requizes,— 

(a) “adult” means a person who has completed his eighteenth year 
of age ; 

(b) “agricultural dispute’ means any dipute or difference between 
landowners and landowners or between landowners and agricul- 
turalal workers or between agricultural workers and agricultural 
workers whichis connected with the employment or non-employ- 
ment or the terms of employment or with the conditions of labour 
of any agricultural workers :; 

Explanation :—Where any landowner discharges, dismisses, retrenches , 
ot otherwise terminates the services of, or denies employment io, an indi- 
vidual agricultural worker, any dispute or difference between that agricultural 

worker aud his employer connected with, or arising out of such discharge, 
dismissal, retrenchment, 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. 

(c) “agricultural land” means any land used for cultivation, but does 
not include any Plantation as defined in the Plantations Labour 
Act, 1951 (Central Act 69 of 1951); 

(d) “Agricultural Tribunal” in relation to any area, means the 
Agricultural Tribunal constituted under this Act for that area ; 

(ce) “agricultural worker” means a person who, in consideration of the 
wages payable to him by a landowner, works on, or does any other 
agricultural operation including maintenance of livestock in 
relation to the agricultural land of such landowner ; 

 



(f) “Conciliation officer” means in relation to any area, the conci- 
liation Officer appointed under this Act for that area ; 

(g) “family” means husband, wife and their unmarried children or 
any of them as may exist ; 

(h) ‘Inspector’? means an Inspector appointed under sub-section (1) 
of section 5 or deemed, under sub-section (3) of that section to be 

E appointed for the purposes of this Act. 

Gi) “landowner” means :— 

(i) in relation to a land under personal cultivation, the owner of 
e such land ; 

(ii) in relation to a land held by a Bargadar or under Raiyat, 
such Bargadar or under Raiyat as defined in the Tripura Land 
Revenue and Land Reforms Act, 1960 (Act 43 of 1960) ; 

(iii) in any other case, the person in actual possession of the land, and 
includes his heirs, assignees and legal representatives. 

Explanation—I—In the purpose of this clause— 

“Personal cultivation”, with its grammatical variation and cognate 

expressions, means cultivation by a person on his own account— 

(i) by his own labour, or 

(ii) by the labour of any member of his family, or 

Gii) by servants or by hired labour on wages, payable in cash or in 
kind but not as a share of produce, under his personal super- 
vision or the personal supervision of any member of his family ; 

Explanation-II :—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 ; 

(j) “Minor” means a person who has not completed the age of eighteen 
years 5 

(k) “prescribed wages” means wages at such rate, not being— 

(a) less than the minimum rate of wages fixed or revised under the 

* Minimum Wages Act, 1948 (Central Act II of 1948) ; or 

(b} more than fifteen percent in excess of such minimum rate of wages, 
as may be specified by the Government by notification in the 

Gazette ; or 

(c) the agreed rate of wages, whichever is higher. 

‘() “Prescribed” means prescribed by rules made under this Act ; 

(m) “wages” means ail remunerations, whether payable in cash or in 
kind, which would, if the terms of employment, express or implied 
were fulfilled, by payable to a person employed in respect of his 

employment or of work done in such employment but does not 

include. 

(i) the value of 

(a) any house accommodation, supply of light, water or medical atten- 
dance ; or 

 



(b) any other amenity or any service excluded by general or special order 

of the Government ; or 

(ii) any sum paid to the person employed to defray special expenses 

entailed on him by the nature of his employment. 

CHAPTER Ji 

Officers and Agricultural Tribunal 

3. Appointment of Conciliation Officer-—The Government may, by 

notification in. the Official Gazette, appomt for any area specified therein any. 

officer of the Labour Department, not below the rank of Labour Officer, to 

be a Conciliation Officer for the purpose of performing the functions entrust- 

ed:to a Conciliation Officer by or under this Act. 

4. Constitution of Agricultural Tribunals.—(1) The Government may, 

by notification in the Official Gazette, constitute for any area specified therein 

an Agricultaral Tribunal 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 officer not below the rank of Deputy Collector, appointed by the 

Government. 

5. Appointment of Inspector.—(1) The Government may, by notifica- 

tion in the Official Gazette, appoint— 

4a) such officers, or 

such person .as possess, the prescribed qualification, as they think 

fit, to be Inspectors for the purposes of this Act and, define the local 

limits within which they shall exercise their’ powers. 

(2) Subject to rules made in this behalf, an Inspector may, within 

the local limits for which he is appointed,— 

(a) enter, at any time after sunrise and before sunset with such assis- 

tants, being persons in the service of the Government or any 

local or other public authority, as he thinks fit, prémises or places 

_ where agricultural workers are employed or where he has reasons 

to believe that records are Kept, for the prupose of examining any 

register or record of wages required to be kept under this Act ‘or 

the rule made thereunder and require the production thereof for 

inspection ; 

(b) examine any person who he finds in any such premises or place 

and whom he has resonable cause to belizve to be an agricultural 

worker ; 

(c). seize or take copies of such register or record or portions thereof 

as he may consider relevant in respect of an offerice under this Act 

which he has reason to believe has been committed by a land- 

owner ; and 

(d) exercise such other powers as may be prescribed,. 

(3) Until Inspectors are appointed under this Act the - Inspectors 

appointed under the Minimum Wages. Act (Central Act II of 1948), shall 

be deemed to be Inspectors appointed under this Act for the area in which 

they exercise jurisdiction under the said Act. 

 



6. Facilities to be afforded to Inspectors.—Every landowner shall afford 

an Inspector all reasonable facilities for making an entry, Inspection, exami- 

nation or enquiry under this Act. 
. 

CHAPTER IIT 

ie yj Security of Employment anJ Welfare 

   “7 ‘Preference for employment as agricaltaral workers— 

(i) 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 m 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 a1 agricultural worker who is bound by 

contract or otherwise to work in the agricultural jand 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 con- 

secutive agricultural seasons, prior to the previous agriculiural season, he 

shall not be denied employment merely on the ground that he has not workea 

during the previous agricultural season, provided his absence during that season 

was due to reasons beyond his conir ok. 

*     

3) Nothing contained in sub-sestion (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 Jand owner 

undet either of those sub-sections but who has not offered himself for employ- 

ment on any previous day of that agricultural season. 

(4) Where the agricultural workers mentioned in sitb-section (J) or sub- 

section (2) or sub-section (3) are not available or the number of such agricul- 

tural 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 employizg otter agricultural workers. 

(5) Notwithstanding anything contained in the foregoing provisions of 

‘this section, no landowner shall be under an obligation to employ any agti- 

cultural worker— 

(a) who does not offer himself for employment ; of 

(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 imtentionally caused damage of crops belonging to the 

landowner or caused any other loss to the landowner, 

 



8. Framing of welfare schemes for agricuitural workers: — 

(1) The State Government may, by one or more Notifications frame 

one or more schemes, namely Tripura Agricultural Workers Contributory 

Provident Fund Scheme, Tripura Agricultural Workers Group Insurance 

Scheme, Tripura Agricultural Workers (Old-age and Invalid) Pension Scheme or 

any other beneficial schemes of whatever nomenclature as may be found ex- 

pedient for the agricultural workers on terms and conditions as may be specified 

in the Notification and different schemes, may be framed for different areas or 

for different classes of agricultural workers and different date may be appointed 

for different schemes for different areas. 

(2) Any scheme framed by the State Government under sub-section (1) 

shall provide the mode of administration of such scheme and all other matters 

incidental thereto. 

(3) Every Notification publishing’ any scheme under sub-section (1) 

shall be laid as soon as may be after itis made, before the Legislative Assmebly, 

while it is in sesvion for a total period of fourteen days which may be comprised 

in oae session or in two successive yessions, and if, before the expiry of the 

session it is so laid, or session immediately following, the House agres in making 

any modification in the scheme, or the House agrees that the scheme should not 

be made, the scheme shall thereafter have effect only in such modified form or 

be of no effect, as the case may be, so however, that any modification or annul- 

ment shall be without prejudice to the validity of anything done under that 

scheme. 

CHAPTER—IV 

Hours and Limitations of Employment and Wages 

9, Hours of work.—Save as otherwise expressly provided in this Act, 

no adult agricultural worker shall be required to work for more than eight 

hours in any day and no minor for more than six hours in any day : 

Provided that nothing contained in this section shall be deemed to pro- 

hibit an agreement between the land-Owner and the agricultural workers for 

working for less than eight hours or six hours, as the case may be, on any parti- 

cular day or days or on all day: of Employment or to effect any custom or 

practice prevailing in the locality ‘under which the agricultural worker 

is required to work for less thax eight hours or six hours, as the case may be. 

10. Daily intervals for rest—-The period of work on each day shall be 

so fixed that no period shall exceed four hours and that no agricultural worker 

shall work for more than four hours before he has had an interval for rest for 

at least half an hour. 

11, Wages payable to agricuttural workers.—(1) Every landowner shall 

pay to any agricultural worker employed by him the p escribed. wages for each 

day of work done ; 

(2) The Government may, from time to time by notification in the Official 

Gazette, fix the number of hours of work which shall constitute a aermal 

workirg day i-clusive of one or more specified intervals for the purpose of sub- 

section (1) either for the whole State or any part thereof. : 

 



Provided that where the Government have fixed the number of hours of 
work which shall constitute a normal working day in respect of any of the 
categories of agricultural workers in the employment in agriculture under 
section 13 of the Minimum Wages Act, 1948 (Central Act, II of 1948), the hours 
of work so fixed shall, until a notification is issued under this sub-section, be 
deemed to have been Fixed under this sub-section. 

12. Wages for harvest—(i) The prescrived wages for harvest shall be 
paid at the thrashing floor on which the thrashing takes place and no portion 
of the produce shall be removed from the thrashing floor without payment of 
the prescribed wages to the agricultural worker concerned ; 

(2) Notwithstanding anything contained in sub-section (1) where the 
quantum. of prescribed wages is in dispute and such quantum cannot be 
determined without settling the dispute under the provisions of this Act, an 
officer not below the rank of a Labour Inspector authorised in this behalf by 
the Government by Notification in the official Gazette shall, if he is satisfied 
that the harvested produce if kept in the thrashing floor till the settlement of the 
dispute will perish or be otherwise lost take such action as he thinks expe- 
dient in each case to ensure that the harvested produce does not perish or is 
not otherwise lost itifl the settlement of the dispute. 

13. Enforcement of payment of prescribed wages.—-(1) If any landowner 
pays less than the prescribed wages or refuses to pay the prescribed wages to 
any agricultural worker, the agricultural worker or an official of the union 
of which he is a member may make an application to the Conciltation Officer 
for a direction under sub-section (2). 

(2) On receipt of an application under sub-section (1) the Conciliation 
Officer shall, after giving the applicant and the landowner an opportunity of 
being heard and after such inquiry, if any, as he may consider necessary, 
direct,— 

(a) in the case of a claim arising out of the payment of less than the 
prescribed wages, the payment to the agricultural worker of the 
amount by which the prescribed wages payable io him exceeds 
the amount actually paid by the landowner ; 

(b) in the case of a claim arising out of non-payment of prescribed 
wages, the payment of the prescribed wages to the agricultural 
worker. 

(3) [fas a result of a direction under sub-section (2), any amount of the 
prescribed wages becomes payable to an agricultural worker, the Conciliation 
Officer may,— 

(a} in the case of harvest,— 

G) recover in, kind or in cash such amount of the prescribed wages 
at the thrashing floor from out of the harvested paddy ; and 

(ii) if the harvested paddy or any portion thereof has been removed 
from the thrashing floor in contravention of the provisions of 
section 12 recover in kind of in cash the amount of prescribed 
wages from the land ewner concerned and if such recovery is not 
possible, the Conciliation Officer shall make a report to the 
Collector specifying the full particulars regarding the amount of 
casa value of the prescribed wages due to the agricutural worker 
concerned and on receipt of such report, the Collector shall 
proceed to recover the same from the landowner concerned as 
if it were an arrear of public revenue due on land ;



(b) in the case of any work other than harvest, recover in kind or in 

cash the amount of prescribed wages from the land owner con- 

cermed, and if such recovery is not possible, the Conciliation.O fiicer 

shall make a report fo the Collector specifying the full particulars, 

regarding the amount of cash value of the prescribed wages due 

to the agricultural worker concerned and on receipt of such report 

the Collector shall proceed to recover the same from the landowner 

conce-aed as if it were an arrear of land revenue due on land. 

Explanation. —in this sub-section, “Collector” means the Collector of 

the District or any other officer appointed by the Government to exercise 

the powers and perform the functions of a Collector under the Tripura Land 

Revenue and ‘Lane Reforms Act, 1960. 

(4) The Conciliation Officer shall have such powers as are necessary 

to effect the payment of the prasciibed wages to the agricultural worker, inclu- 

ding the power to eater upon ary Jand on which, or into any building in which, 

the harvested crop is kept. 

14. Wages for over-time work.—Where an agricultural worker is required 

by the land owner to work for more than the number of houts of work fixed 

or deemed to have been fixed under sub-section (2) of Section 11 he shall be 

entitled im respect of each hour of such over-time work to wages at the rate 

of twice his ordinary rate of wages for one hour 5 

CHAPTER—V 

Disputes 

15. Settlement of agricultural disputes. —(1) Where an agricultural 

dispute exists oT is apprehended, the Conciliation Oificer may hold concilia- 

tion proceedings aad shall, for the purpose of bringing about a settlement of 

the dispute, without delay iavestigate the same and all matters affecting the 

merits and the right goitlemeat thereof and may do ail such things, as he thinks 

fit, for the purpose of inducing the parties to come to a fair.and amicable 

settlement of the dispute. 

(2) Ifa settlement of the dispute or of any of the matters in dispute 

is arrived at in the course of conciliation proceedings, the Conciliation Officer 

shall send a report thereof to the such Odicer as may be specified -by the State 

Government by Notification in this behalf together with a memorandum of 

settlement signed by the parties to the dispute. 

. @) Iino such settlement if arrived at, the Conciliation Officer, shall, 

as soon as practicable after the close of the investigation send to the Collector 

of the District through the Officer appointed under sub-clause (2) a full report 

setting forth the steps taken by him for ascertaining the facts and circumstance 

relating to the disputes and for bringing about a settlement thereof, together 

with full statement of such facts and circumstances, and the reasons on account 

of which, im his opinion, 4 settlement could not be arrived at : 

Provided that in a case where the agriculiuial dispute relates to an agri- 

cultural jand situated within the local limits of more than one District, the 

Conciliation ONicer shall send the report to the Collector of the githe. District 

with intimation to another. 

  
 



(4) If on a consideration of the report referred to in sub-section GB), 
the Collector of the District is satisfied that there is a case of reference to an 
agricultural Tzibunal ; he may, by order in writing, refer the agricultural dispute 
to the said Tribunal for adjudication ana where the Collector of the District 
does not make such a reference, he shall record and communicate to the parties 
concerned his reasons therefor. 

(5) Where an agricultural dispute has been referred to an Agricultural 
Tribunal under sub-section (4), the Tribunal shall hold its procecdings expedi- 
tiously and shall, as soon as practicable after the conclusion of the proceedings, 
but not later than thirty aays from the date of receipt of the reference by the 
Tribunal, submit its award to the Collector of the District, 

(6) The Collector of the District shall, within a period. of fifteen, days 
from the date of receipt of the award referred to in sub-section (5), cause the 
same to be published in his office and in the office of the Agricultural Tribunal 
in such manner as may be prescribed and shall also forward copies of the 
award, to the parties concerned. 

(7) An award referred to in sub-section (5) shall subject to any order of 
the Government under section 19 become enforceable on the expiry of ter 
days from the date of its publication in the manner provided in sub-section (6). 

(8) Every memorandum of setilement referred to in sub-section (2) and, 
subject to any order of the Government under section 19 every award of an 
Agricultural Tribunal shall be final and shall be given effect to by the parties 
to the agricultural dispute. 

16. Appeal—(1) Against any order passed by 2 Conciliation Officer under 
section 13 an appeal shall lie to the Agricultural Tribunal within a period of 

-thirty days from the date of the order appealed against, and the decision of 
the Agricultural Tribunal on such appeal shall be final. 

@) The Agricultural Tribunal shall have power to stay the operation 
of the order of the Conciliation Officer pending disposal of the appeal. 

i7. Decision in appeal in respect of prescribed wages to be given effect to. 

(1) Where the amount of prescribed wages paid to an agricultural 
worker under section 11 or recovered under section 13 for payment to an 
agricultural worker is less than the amount of prescribed wages payable as a 
result of the decision in appeal, the balance shall be recovered from the land 
owner concerned as if it were an arrear of Jand revenue due on land and paid 
to the agricultural worker, concerned. 

(2) Where the amount of prescribed wages paid to an agricultural 
worker under section 11 or recovered under section 13 for payment to an agri- 
cultural workers is in excess of the amount of prescribed wages payable as a 
result of the decision in appeal, such excess shail be recovered from the agricul- 
tural worker concerned for payment to the land owner concerned and the 
procedure contained in Section 32 shall apply for such recovery. 

18. Reference of decision of disputes by” Govermment.— 

(1) Notwithstanding anything contained in section 15, where any agui- 
cultural dispute exists or is apprehended the Government may, by order in 
writing and for reasons to be stated therein,— 

(a) refer the dispute to the Agricultural Tribunal constituted for 
the area in which the dispute exists or is apprehended, for adjudi- 
cation ; or 

  
 



10 

(b) decide the dispute themselves and pass an award. 

(2) Where a dispute is referred to an Agricultural Tribunal under 

clause (a} of sub-section (1), the provisions of gub-sections (5), (6), (7) ant(8) of 

section. 15 shall apply as if the reference to fhe Tribunal were made by the 

Collector of the District under sub-section (4) of that Section. 

(3) . The Government shall cause every award passed by them under 

clause ib) or sub-section, (1) to be published in the Official Gazette and in such 

other manner as may be prescribed, : : 

(4) An award referred to in sub-section (3) shall be final, shall be. given 

effect to by the parties to the agricultural dispute and shall be enforceable on 

the-expiryjof five -days from the date of its publication in the Official Gazette. 

19. Power of Govevnment in respect of awards.--(1) Ifthe Government is 

of opinion that it is inexpedient on public grounds cffecting rationa economy 

social justice to give effect to the whole or any part cf an award referred 6 

in sub-section (5) of section 15, it may by Notification in the official Gazette 

declared that the award shall not become enforceable on the expiry of the 

period imentioned in sub-section (7) of the said section. 

(2) Where any declaration has been made in relation to an award 

ander sub-section (1), the Government may within thirty days from the date of 

publication of the award under sub -section (6) of section 15 make an order 

rejecting or modifying the award and such order shail be published in ‘the official 

Gazette. 

(3) Where no order has been passed by the Government under sub- 

section (2), the award shall become enforceable on the expiry of the period of 

thirty days mentioned in that sub-section. 

(4) Where an order has been made by the Government under sub- 

section (2), the award shall not be enforceable or, as the case may be, the award. 

as modified shall be erforceable on the expiry of a pericd of five days from the 

date of publication of such order in the official Gazette. 

CHAPTER—Vi 

Penalties and Procedure 

30. Penalty for obstructions, etc. (1) Whoever obstructs any Inspector 

or Conciliation Officer in the discharge of this ‘duties under this Act of réfuses 

or wilfully neglects to afford any Inspector reasonable facilities for making 

an inspection, examination or enquiry authorised by of under this Act, shail 

be punishable with imprisonment for a term which may extend to six months, 

or with fine which may extend to one thousaid rupees, or with both. 

(2} Whoever wilfully refuses to produce on the demand of an Inspector 

any register or other document kept ia pursuance of this Act or prevents or 

attempts to prevent or does anything which he has reason to believe is likely 

to prevent any person from appearing before, of being examined by, an 

Inspector acting m puisuance of his duties under this Act, shail be punish- 

able with imprisonment for a term which may extend to six months’ or with 

fine which may extend to one thousand rupees, or with both. 

 



a 

It 

21. Penalty for making false statements, ete.—Whoever for the purpose 

of avoiding any payment to be made by him under this Act or for enabling 

any other person to avoid such payment, knowingly makes or causes to be 

any other person to avoid such payment, knowingly makes or causes to be 

made any false statement or false ‘ve-presentation, shall be punishable with 

imprisonment for a term. which may extend to six months or with fine which 

may extend to one thousand rupees, or with both. 

22. Penalty for breach of settlement or award.—Any person who commits 

4 breach of any term of any settlement or award shall'be punishable with, inypri- 

sonment for a term which may extend to oné year, or with, fine which “may 

extend to one thousand rupees, or with beth and where the. breach is a conti- 

tinuing one, with a further fine which-may extend to one hundred rupees for 

every day duting which the breach continue after conviction for the first such 

breach, and the Cowt trying the offence may direct that the whole or any part 

Of the fine realised from him shall be paid by way of compensation to any person 

who in its ‘opinion has been injured by such breach. 

23. Other Penalties,-Whoever contravenes OF makes default in complying 

with any of the provisions of this Act, or of any rule made under this Act shall, 

if no other penalty is elsewhere provided by o# under this Act for such contra- 

vention or non-compliance, be punishable with imprisonment for a term which 

may extend to six months, or with:-fine which may extend to one thousand rupees, 

or with both and, in the case of continuing contravention, with an additional 

fine which may extend to one hundred rupees for every day during which 

such contravention continues after conviction for the first such contravention. 

24.’ Fahanced penalty after previous conviction.—If any person who has 

been convicted of any offence punishable under this Act is again found guilty 

of an offence involving a contravention of the same provision, he shall be puni- 

shable on a subsequent conviction with imprisonment for a term which shall 

not be fess than one month, but which may exterid to six months and with fine 

which shall not be less than five hundred rupees, but which may extend to two 

thousand rupees < 

Provided that for the purpose of this section , no cognizance shall be taken 

of airy conviction, made more than five years before the Commission. of the 

offence which is being punished. 

25. ‘Offences by compantes,—(1) Where an offence under this Act has 

been. committed. by a company, every person who at the time the offence was 

committed, was in charge of, and was responsible to the Company for the con- 

duct of the business of Company, as well as the Company, shall be deemed to 

be guilty of the offence and shall be liable to be proceeded against and punished 

accordingly : 

Provided that nothing, contained in, this stib-section, shall render any such 

person liable to any punishment if he proves that the offence was committed 

_without his knowledge or that he exercised afl due diligence to prevent the 

‘Commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1) where an 

offence under this Act has been committed by a company and it is proved that 

: the offence has been committed with the consent or connivance of or is aitri- 

, butable to any neglect om the part of, any director, ninager, Secretary or 

other officer shall aiso be deemed to be guilty of that offence and shall be liable 

‘to be proceedéd against and punished accordingly. 

 



12 

Explanation,—For the purpose of this section,— 

(a) “company” means any body corporate and includes a frm or other 

association of individuals ; and 

(b) “Director”, in relation to a firm, means a partner in the firm. 

26. Cognizance of offences,—No court shall take cognizance of 

offence punishable under this Act, except on complaint made by, or with the 

previous sanction in writing of, the Government or an. officer authorised by the 

Government in this behalf by notification in the official Gazette, and no Court 

inferior to that of a Judicial Magistrate of the First Class shall try any offence 

punishable under this Act. 

27. Limitation of prosechtions,-—No Court shall take cognizance of an 

offence punishable under this ‘Act unless complaint thereof is made within three 

months from the date on which alleged Commission of the offence comes to 

the knowledge of the Government or the officer authorised under section 26. 

CHAPTER VII 

Miscellaneous 

28. Register of agricultural workers,--(1) The executive authority of 

every local authority shall prepare a register of agricultural workers residing 

within the jurisdiction of that local authority. 

(2} The register shall contain such particulars as may prescribed. 

QG) The register shall be maintained by the executive authority in such 

manner as may be prescribed. 

Explanation— For the purpose of this section “Local authority’ in relation 

to 2n agricultural worker means a municipality or a Notified 

Area Authority established under the Bengal Municipality 

Act, 1932 as adopted in Tripura or a Gaon Panchayat 

established under the Tripura Panchayats Act, 1983 under 

the local jurisdiction of which such agricultural worker resides. 

29. Maintenance of registers and records by landowners :— 

(1) Every landowner shall maintain such registers and records as may 

be prescribed. 

(2) The registers and records referred to in sub-section (1) shall 

contain such, particulars and shall be kept in such place, as may 

be prescribed. 

30. Bar of jurisdiction of civil courts, -No civil court shall entertain any 

suit ot other proceedings to set aside or modify any order or decision, passed 

by any outhority or officer under this Act in vespect of any of the matters falling 

within its or his scope. © 

fo
 

 



13 

31. Power to take evidence on oath, etc,—Any authority or officer exer 

cising powers under this Act shall have the same powers as are vested in a civil 

court under the Code of Civil procedure, 1908 (Central Act 5 of 1908), when 

trying a suit in respect of the following matters, namely :-— 

(a) enforcing the attendance of any person and examining him on oath ; 

(b) requring the discovery and production of documents ; 

(c) receiving evidence on affidavit ; 

(d) issuing commissions for the examination of witnesses ; 

and 

(ce) such other matters as may be prescribed ; and any proceeding, 

before such authority or officer shall be deemed to be a judicial 

proceeding within the meaning of sections 193 and 228 and for 

the purpose of section 196, of the Indian Penal Code (Central 

Act 45 of 1860). 

32, Recovery of money due from landowners,—Where any money is due 

to an agricultural worker from a landowner under a settlement referred to in 

sub-section (2) of Section 15 or an award under sub-section (5) of that section 

or under clause (b) of sub-section (1) of Section 18 or an award as modified by 

the Government under sub-section (2) of Section 19 the agricultural worker 

himself or any other person authorised by him in writing in that behalf or, in 

the case of the death of the agricultural worker, his assignees or heirs may 

without prejudice to any other mode of recovery make an application to the 

Collector of the District for the recovery of the money due to him and if the 

Collector of the District is satisfied that any money is so due, he shall proceed 

to recover the same as if it were an arrear of land revenue due on land : 

Provided that every such application shall be made within one year from 

the date on which the money become due to the agricultural worker from the 

landowner : 

Provided farther that any such application may be entertained after the 

expiry of the said period of one year if the Collector or of the District is 

satisfied that the applicant had sufficient cause for not making the application 

within the said period. 

33. Effect of laws and agreements inconsistent with this Act—(1) The 

provisions of this Act shall have effect notwithstanding anything inconsistent 

therewith contained in any other law or in the terms of any award, agreement 

or contract of service, whether made before or after the commencement of this 

section, ; 

Provided that where under any such award, agreement contract of service, 

custom or otherwise, any agricultural worker was enjoying immediately before 

the commencement of this section tenefits in respect of any raatter, which 

are more favourable to him than thos: to which. he would be entitled under this 

Act, the agricultural worker shall be entitled tothe more favourable benefits in 

respect of that matter notwithstanding that he receives benefits in respect of 

other matter under this Act. 

12) Nothing contained in this Act shall be construed as precluding 

any agricultural worker from entering into an agreement with a land owner 

for granting him rights or privileges in respect of any matter, which are more 

favourable to him than those to which he would be entitled under this Act. 

 



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(3) For the avoidance of doubts, it is hereby declared that nothing 
contained in sub-section (1) or sub-section, (2) shall be deemed to enable a 
land owner to enter into any agreement in contravention of the provisions of 
section—7. 

34, Exemption—(1) Nothing contained in this Act other than section— 
13, 14, 16, 17, clause (>) of sub-section (1) and sub-sections.(3),and (4) of section 
18 and sub-section (1} of Section 33 shall apply in,relation toa Jand owner who 
does not hold more than one hectare in extent of agricultural land. 

Explanation. Where the landowner is a member of a family, the extent 
of land held individually by any member of his family or jointly by some or 
all of the members of such family shall, for the purposes of this sub-section be 
deemed to be held by the landowner. 

(2) The Government may, by Notification in the Gazette, for reasons 
to be recorded in writing, exempt any landowner.or class of ladowners or any 
agricultura! land or class of agricultural lands from all or any of the provisions 
‘of this Act other than sections 11,13,14,16, 17clause(b) ofstib-section U}and 
sub-sections (3) and (4) of section 18 and sub-section (1) of section 33. 

35. Eelegation of Powers.—The Government--may, by notification in 
the Official Gazette, direct that any power exercisable by them-under this Act 
or the rules made thereunder shall, in relation to such matters and subject to 
such conditions, if any, as-may be specified in the direction, be exercisable also 
by such officer or authority subordinate to the Government as may be specific 
in: the Notification. 

36. Power to remove difficulties.—If any difficulty arises in giving effect 
to the provisions of this Act or any award or settlement under this Act, the 
Government may, by order, do anything not inconsistent, with such provision 
which appear to them necessary or expedient for the purpose of removing 
the difficulty. 

37. Protection of action taken in good faith.—No suit, prosécution or 
other legal proceeding shall lie against the Government or any authority or 
officer in respect of any thing which is in good faith done orintended to be done 
in pursuance of this Act, or any rule or order made under this Act. 

38. Power to make rules.—(1) The Government may, by Notification in 
the Gazette, make rules to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the ‘fore- 
goifig power, such rules may provide for— 

(a) The procedure to be followed by the Conciliation officer and the 
Aéricultural Tribunal ; 

(b) the fees. to be paid for applications and appeals under this Act ; 

- (c) The powers of the Conciliation Officer necessary for the effective 
enforcement of the previsions of this Act ; 

(i) .the manner of estimating the cash value of. the prescribed wages 
in, kind. 

 



15 

(e) the procedure to be followed by the Government under sections 
18 and 19. 

(f) any other matter which has to be, or may be, prescribed under 

the provisions of this Act. 

(3) Every rule made under this section and every notification issued 

under section 36 shall be laid, as soon as may be after it is made or issued, 

before the Legislative Assembly while it is in session for a total period of four- 

teen days which may be comprised in one session or in two sucsssive sesions, 

and if before the expiry of the session in which it is so laid or the session imine- 

diately following, the Legislative Assembly makes any modification in the rule 

or notification or decides that the rule or notification should not be made or 

issued, the rule or notification shall thereafter have effect oniy in such modified 

form or be of no effect, as the case may be ; so however that any such modifi- 

cations or annulment shall be without prejudice to the validity of anything 

previously done under that rule or notification. 

By order of the Governor, 

A. B. Paul 

Deputy Secrerary, Law. 

  

  

Printed at the Tripura Government Press, Agartala.