The Tanjore Pannaiyal Protection Act, 1952

The Tanjore Pannaiyal Protection Act, 1952 Act 14 of 1952 Keyword(s): Agricultural Year, Conciliation Officer, Gross Produce, Land Owner, Pannaiyal, Revenue Court DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. '[TAMIL NADU] ACT No. XIV OF 19528. (~eceivedth e msent of the President on the 21st December' 19.52 ; first published in the Foxt Sr. Oeorge Gazette on the 25th December 1952.) . . . < An Act to provide for the improvement of agrarian condi- tions in the district of Tanjore. WHERRAiSn the district of Tanjore the relations between landowners and their agents on the one hand and tenants and farm labourers on ths other hand become strained, resulting in the displacement c.f tenant s and the dismissal of farm labourers and in agrarian crimes and disturbancks 1 '' 4 These words were substituted for the word " Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the 'I'amil Nadu Adaptation of Laws (Second Amendment) Order, 1969. a For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 24th October i.952, Part N-A, page 129. Under section 10 of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamll Nadu Act XIV of 1956), if any providon contained in the Tanjore Tenants and Pannaiyal Protection Act, 1952 (Tamil Nadu Act XIV of 1952) is repugnant to any pre vision contained in th(: Tatnil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nad.u Act XXV of 1955), as amended by Tamil Nadu Act XIV of 19fi6, the later provision shall prevail and the former provision shall, to tke extent of the repugnancy, be of no effect. A similar provision is made in section 16 of the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act XMnr of 1956). In Revenue Department Notification No. 278, published in Part I of theport St. George Gazette Extraordinary, dated the 1st July 1953, this &t was extendedto certain areas in Chidarnb~raman d Cuddalore taluks in South Arcot district specified below, subject to certain modifications of sections 11 and 12 and the omis~io~f nt he Schedule to this Act. Chidamburam t alu?~. The whole of Kattumsnnargudi firka, Komaratchi firka, Chidam- baram West firkas, Chidambaram East firka, Bhuvanagiri firka and all villages in Setiatope firka except the follow-in g twelve villages lyins to the west of the Vellar Rajan Channel : Qthalai, VaIayamadevi Mel, Valayamadevi Ki\, Agara Alalabadi B. Adanur, Porianergunam, Chinnanergunam, Veeramudayanatham Anaivarl, Thurinjukollai, Nellikollai, Erumbur. . Cuddalore taluk The following six villages in Cuddalore taluk :-- Maruvoi, Arangamangalam, Kalgunam, Budambadi, Adur Agarm, Kothavachcri. Tanjore P~~t~tiuIyPirr/oIt ect it n [1952; T.N. Act XkV 1 AND wH~RBA:; tile situation t hrcatetncd to carrse cfcteri~a ration in :igrirulfr~ralp roducrio~l AND WHERBAS t h T~iin jore Tcnarits and Pannaiyal (Pro- tection) Ordinance, 1952 (1Laa:Jras Ordinaace IV of 1952), and the Tanjor- Tenants an:! Pannaiyal (Protection) Amendm-nt Or4 inanoe, 1952 (Madras Ordinance V of 1952) ware promulgated by tho [Oovernor of Tamil Nadu) to meet the ~ituationa foresaid ; AND WHERBAS with a view to reinovo certain doubts which had asisel? regarding thc validity of the said I Ordina~uc,c:st,h e [Governor oi Tamil Nad~iaj ftrr oblain- ing the initrsctio .:s . f t he Prcsideiit in pursuance thl: cif proviso to A 3 , c lause (1) of the Constitution, promulgated thc Td:q3rc Tenants and Pannai ynl Pro- tection (No. 2) Oi~dinal~ce19, 52 (Madras Ordinance PI of 1952), which repaled thc said Oi.ilinances and re-enacted the provisions contaiaed therein ,? AND WHHRBAS it is necessary to replace Madras Ordinance VI or 1952 by an Act of the State Legislature : ': is hxeby eiIactsd as follows :-- Short title and 1. (1) This Act may b: cake! ihc Taiiji.)rc 2[ I gommcncement. Pannaiyal Piotczi ion Act, 19 52. (2) It ~"11 's. :.::--&:.I -- :iJ i;ii.: y,..yy; p,<c:;2f$4 ~ 5 . ~ 1if: : 1: :-: . : --' - -."* - . . , .- - .- .. " , - *. I. : , v; . !,, 'L . ,t 1?(.,@1* ~23 "I rhi'.l*~~s~ i 5 -: , ; : + , bth+_i a..Ca the adjoining dis:iicts irl r h 3[Siaie of Tamil Nacluq, on such date as tho ClI.>vern~n-omi ay, by notification, appoint : Providccl ;ha* ihc Guvcrnm-nt may, by notification, direct that, with effccl fxom such date as may be ~p;cified therein, this Act shall cease to apply to any specified area in t h d~i ~ i ~ofi T~atn jor;: or to any 0thc.r specified area elsewhxe in which this Act may have bcen brought into force. 1 T his expression was substituted f ~ th i e expression ''Govern& of Madras" by the Tamil Nadu AGaptatisn of Laws Order, 1970. 2 The words " Tenants a d " were omitted by section 2 of the Tadore Tenants and Pann~iyiilP rotection (Amendment) Act, 1956 (Tamil Nadu Act XX I of 1956), which came into force on the 19th December 1956. 8 This expression was substituted for the express!on ''State of ~adras"b y the Tamil Kidu Adaptation OF Laws Order, 1969 as amended by the Tamil Nadu AQptation of Inws (Second Amad. na8nt)~~Order,1 969. , --- --..".?, - -- --r.C-- ;=--- - --- - _L_--- e 1952; T.N. Act XIV] Tunjorz P~~iliyl rPrr otection 249 2. In this Act, unless there is anything repugnant in the Definitions. subject or context,- (a) agricultural year " means the year commencing " on the 1st day of May j a " (6) commencement of this Act " or date of f' oommencemeni of this Act means thc 23rd August " 1952 in respect of' the whole of the district of Tanjore and the date appointed by the notification issued under I section 1, sub-scctioo (2), in the case of nuy other area; (c) Conciliation Officer " means in relation to any " area, the Conciliation Officer appointed under this Act for such area, aud wkre such Officer has been appointed, 1x0 the Lhsild;~r having jurisdiction over the area ; (e) Oovernmzni " mcans the Skate Government ; " Cf) "gross produce " includes the yield obtained at the poradi ; [(g) land owner "in relation to a pannaiyalmeans 2 " the owner of a land or othcr persondzri ving anyright from him in respect thcreof, who has engagcd the pannaiyal for ;I cultivating tho said laad '' (f) pannaiyal " m~cansa ny person engaged by the landowner 3 to looh after a 4[ farm and do all cultivation work on the land whenever necessary in the course of an entire agricultural year, but does not include one who is engagcd either casually or pnly for a specific item of work ; -- 1 dwrss (d), (h), (j), (k) and (m) were omitted by section 3 (i) of the Tanjore Tenants and Pannalyal Protection (Amendment) Act, 1956 (Tamil Nadu Act XXV of 1956) which came into force on the 19th December 1956. a This clausa was subst Ituted far the origiaal cl kuse (g) by sectioa 3 (ii) of the Tanjore Tanants and Pannaiyal Protec tion (Amendment) Act, 1956 (Tamil Nadu Act XXV of 1956),which came into force dn the 19th December 1956. 3.Clauses (d),( h), (j),( k) and (m) were omitted by sect ion 3 (i), ibid. 4 The wards or by the cultivating tenact " wem omitted by section 3 (iii) ibid 250 Tanjore Protccti&@ Ei952: T.N. Art XIV Pilrrrlai~nl (I) "Revenue Caurt" means in relationlo any area, the Revenue Court cij~~stituteudn der this Act for such area, and whcrc no Revcnclr Court 11os becn so constituted. thc Court ~f I hi: Kcw IIUC Divjsi~i~tiOf l%..:~rg ,i:ivx::~,n juris- diction ovcr thc aria ; Act to over- 3. The pgorision:: !,his Act-- :I? ride contract - .. and other laws, etc. (a) shall haw effcct l~ctvvithstandinga lly thing to the ,contrary contairlcd in any prc-existing law, ctlsto~nu, sage, agreement or decree or order of a Court, bu; (b) shall not apply in respect of the iailrl hcld by a la ndowncr in any villagi: if the land hcld by 11Enl in such village docs not e xc::ed one veli (6-2 j3 tlcrcs) which is either wetland or dry le nd irl-igatccl fi-oma ny Govcr tlment source, or three vclis (tw~nyl ~c!.cso)f dry lnnd not i rrigatcd from any Government si\ur ce. Appointment 4.TheGcvernmc1iLor anyauthorityempoweredby Con*tion them in this b-half nay, by ordcr, appoint any person for 1 Officers* any area specified tl-c r: in, to be a Conciliation Officer for the purpose of perfbr~ni11,ot he functions entrtastzd to a Conciliation Officsr by this Act. Constit~tion 5. The Gover nmcnt me y, by notification, collstitutc far of Revcnuo any area specified thercin, a Revsnue Court whi~hsh all bc Cou*s presidedover byaanoffio-:r not belowthernnkofa Rcvenue- Divisional Officer for t l ~ ic:u rpcse of' pn.forming thc func- tions entrusted to a Re v~::ii: Court by this Act. -.......-- - h. 1 Claw= (4 (18) 0) (k) and 0 )w ere omitted by section 3 (0 of the Tanrore Tmant s, anit Pznnaiyal P, otectio:~ (Amun&neat) Act, 1956 (Tamil Nadu Act XXV of 1956), ~,vhidzc ame int o force on the 19th Decembtx 1955. ; .N-A ct XIV] Tmjore Panflaiyal ,F'rotecfMn 251 . I I ; qll. Wages shall b: payable to pannaiyals and the wage wy. members of their families, for each day of work done, as able to Pannaiyals. (a) In acccrdance with the terms set forth in the Mayuram Agreeinent, dated the 38th day of October 1948, as reproduced in the Schcdule to this Act ; or (b) at the following rates in kind :- 2 marakkals of paddy for every adult mrle worker. 1 marakkal at' paddy for every adult woman worker. 3/4 marakkal of paddy for every worker not being an adult. Any pannaiyal may elcct to be paid his wages for an agricultural year either under clause (a) cr under clause (b) of this ssction : but if hc prefers to be paid under clause (b) he spa11 not be. entitlcd to claim in addition any kind of customary privilege or temuneration providrd that an adult male pannaiyal shall, in additiol?, be entitled at each - 1 This section was irzserted by section 3-A af the Tanjare Tenants and Pannaiyal Protect ion (Amendment) Act, 1956 (Tamil Nadu Act XXV of 195G), which cameinto force on the 19th December, 1956, 2 Sectiofls 6 to 10 were amitted by section 4, ibid. 11. Wages payab.'e to pamiya1s.-Waps shali payable ta pannaiyals and the Members afth eir families, for each day af work done at the fallawkg rates in kind :- 2 marakkals of paddy far every adult male worker, 1 marakkal of paddy for every adult woman worlcer 314 marakkal of paddy for every worker not being an adult. harvcst r.. '+ share in the artrvoda@pangn(crop-share) of ha!" n-mars kknl Sot. cvcr y kalam of gross prnducc (or in the caw of prodttc: other than paddy, of one-twonty- fourth of the gross pi-oducc) 2nd bc giv{,n mnn~likollais according to custom.l Dismissal of 12. (1) Wk,enevcr a landowner dismisses a pannaiysl, &nnaiyal* ho shall, within a week from the date of such dismissal, make a report thcrc:jf to the Conciliation Officer having jurisdiction ovzr the area, (29 The Conciliatian Officer may, on receipt of such , report from the la ndowaer or of any complaint from the pannaiyal who has been dismissed, whether after the corn- mencement ofthis Act or- at anytime before such commen- cement not being earlier than the '[lst day of March 19521, call upon the land Jwmr and the pannaiyal concerned to appear before him in persan or by agent,a nd to represent their respective cases. (3) After considering the representations, ff any, so made, and after making such further inquiryinto the case as he may deem fit, the Conciliation Officer may, i f he finds that the dismissal of the pannaiyal was not just and proper byan award in writing, !.equirz the landcwner to t a b back the pannaiynl and reinstate him in all the rights which would have accrued to him but for his dismissal, (4) If the land owner fails to oomply with the aw ard of the Conciliation 0;ficer under. sub-section (31, %[ort he decision of' the Revej~ucC ourt on an appeal from such award under su b-section (2) of section 131, the Rrvanue Court may, on rect:igt c f i nti ma ti it^? OF such fiilure, after such inquiry ac it cf-~:~sidcrrcsc csssl-y , direct the land owncr to pz y tli.: ps nnaiya l ch compznsotion as st! - - -- -_- I_--I-- 1-- 1Thee~pressior~~~l~tc~~aaynn~f ~ ~ - ~ ~ ~ q~lb~stit"ut~ed! ~ n. l I ! ~ a for this expressian ilr tll: nj~plicstionc3 P el;e ~ c t , d t-!:tin araas in Chidarnbaram arld Cud IaTorc taluks-Sue ir i this conilcetion the third paragraph af foot .I~(ZLC? 2 at pass 247 anlo, 2 This expression was irzsort od by soct inn 2 li)( a) of 1 tru T;tmll Nadu Tenancy [Amendnaent) Act, f 965 (Tamil Nadu Act 9 of t 965). (6) hl\y ii~~~tlowolv~ pcsra tlniyill may terminate the + cagnpnwnt by yivillg notice of ~iotle ss than 12 months eliding with t l i ~cx piry of the next apicultural year, or by mutua 1 agreement, provided that where the landowner W n a t e s the engagement under this su b-section, he shall boliable to pay to the pannaiya1,grainor money equivalent.' to six months wages or such amount as may be mutually agreed upon. . t 3 , 3L ' a[12-A. (I) Subject to the provision's of su b-seotio n(2), special predeg any pannaiyal, who is enrollid as a-member of the Armed for member - Wtces, may, on discharge or retiren~entf rom service, cf Armed Forces. or on being sent to Rese~ve , make within the prescri&'d period an application for reinstatement to the Concilia- $ion Officer. Upon such application he shall be evntitled 9 td,be ieinstated as a papnaiyal with all the rights e bye$, b$. him immediately before his enrolment as a mem er of.. tg6 Ar-med For ices. (2) Nothing in sub-section (1) shall be deemed to entitle the paniiaiyal to be reinstated if having regard to all or any of the following matters, namely f- (a) the reduction,if any, in the extent of the farm after (he date of the enrolment I 7 1 This expression wns substituted for ths expression amruing to the panniyal under sub-rsction (3)" by the Tamil Nadu Tenancy (Amendment Act, I965 J 9 af 1965). 6 Sub-section (7) was omitted by section 5 of the Tanjorc Tenants and Panniyal Protect ion (Amendment) Act, 1956 @milN adu Act XXV af 1956), which came into form on the 19th December 195~. 8 This section was inselted by section 2 (ii) of the Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 of 196 5). (b)t he nature oft he agricultura1 operations carried on in respect of that farm on or after the date of the appli- cation ; ) such other matters as may be prescribed ;t he conciliation Officer is sa~isfiedt hat it will not bz just and proper to require the landowner to rci~lstatct he pannoiyul. (3) The Conciliation Officer may, on receipt of an application sub-section (l), call upon thc lalld owner LIKI~CS and the pannaiyal concerned to appear before him in psrscj n or by agent and to represent their respeotiw caws. (4) After consiticring the representations, if any, so made, and afrer ma king such furthcr inquiry into the case as he may decm fit, he may, by an a ward in wxiting,require the land owner to take back t h p~an naiyal and reinstate him with all thc enjoyed by him immediately before his enrolment as a member of the Armed Foras : Provided that any award for reinstating ally pannaiyal under this section shall, in rzspect of any farm where there are standing crops on the date of such award, take effect immediately after the harvest of such crops. (5) The provisions of sub-sections (4) and (5) of section 12 shall, as far as may be, apply in re:lationt o an award under su b-section (4) RS they apply in relation to an award under sub-section (3) of scction 12. (6) Whcrc a rne~ahcro f the Armt:d Forces dies while ill service, the spxinl privi8:ges COD "vrrfl I37 this section on such member shi 11 bo nvrtileble to thc Gdow of such member, or any p2rscBn dependent upon sucl~m ember ip,mediately before hi3 death. ~~plonafiorr.--Itoh is section 'member of the Armed Forces' shall have the same meaning as in clause (29) of section 3 of the l[Ta~lil& du] Land Reforms (Fixation of ~eilingonLandA) ct, 1961 C[Tarnil Nadu] Act 58 of 1961).] --- 1 These words \vero subsfitutcd for the wold "hfadras" by the Tamil Nadu Adaptafion of Laws Odor, 1963, as amended by the Tamil Nadu Adaptation of 1 i;lws (Second Amendmonr) Order, 1969. 1952: T.N . Act XIVJ: T~njorPe annai:tal P votection 255 '[13. 2[(1) Save as otherwise expressly provided in this Adjudication Act any dispute between a landowner and a pannaiyal of disputes. including any matter which affects their mutual harmoni- ous relationship in the cultivation of land, or any quesuon which may arise as to the payment or non-paynl~~olft any wages shall, on applicatfon by anyqarty, be decided by the Conciliation Officer.] [(2) Against any award passed by a Concilia~on Officer under sub-section (3) of section 12 or. under sub- section (4) of section 12-A or any find order passed by a . I Conciliation OSiccr undai sub-section (I), an appeal shall lie to the Revenue Court within thiity days of the passing of the award ox order, as the case may be] unless the court in the special circumstances of any case condones the delay in preferring the hppeal within that time, and the I decision of the Revenue Court on such appeal shall be final. (3) Every application under s~b-section (1) and every memorandum of appeal under aull-section (2) shall bear a co~irt-fees tamp of one rupee. (4) Nothing contained in this secticn shall affect any decision of the Revenue Court which has become final cnder section 13 of Madras Ordinance fV of 1952 or of Madras Ordnance or 1~52. Vcld -- 1 U nder section 11 ofth e, Tamil Nadu Cult ivatingTenants(Protecti m Amendment) Acl, 1~956( Tamil Nadu Act XCV af 1956), any appli- cat ion made to cr Ctrnciliatian Offimr under the Tanjare Tenants and Pannaiyal Protect ian Act, 1952 (Tamil Nadu Act XIS-' of 1952), and pending on tho date of the coming into force afth e farmer Act, shall, if it relates to a matter falling within the purview of the Tamil Nadu Crrltivating 'Itonants Protection Act, 1955 (Tamil Nadu Act XXV of 1953, as amondad by Tamil Nadu Act XIV of 1956, be transferred to atla disposed of by the Revenue Divisional Officer who would have had jurisdiction ta entertain such apB lication under Tamil Nadu Act X W o f 1955, as if it had been ma e thereunder. . ** 'a~hissu b-section was substituted for the original sub-section (I) , -,, i. by section 6 (i), ibid. . ", - . . :, .Z , 8nis expression was substituted for the expression "Against .i , - any final order passed by a Conciliation (HBcor under sub-section (I), an appds hall 1i o to the Revenuo Court within thirty days ofth e pass- isgof the order9*b y section 2 (iii) OF th3 Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 of 1965). 4 sub-seition (5) was omitted by section 6 (ii) of Tamil ~ a d u Act XXV of 1955. r,' . -. Bar of Juris- 14. No civil court shall entertain any ~uiotr other diction'of proceeding to set aside or modify any order, decision or, award passed any Revenue Court, Conciliation OBcer, cci urts. ?y or other authxity uuder this Act or in respect of any other matter fatling within its or his scope. 15. (1) Where this Act is to be brought into force in I special conditions any neighbouring area outside the Tanjors district, its applicable provisions shall apply subject to such adaptation%e xcep- to areas out Twor.ed ons and modifications, if any, as the Government diatrict. may, by notificatim, specify in this behalf. (2) Any such notification shall be laid before the Legislative Assembly of the State for not loss than fourtssn days and shall have effect therafter subject to such modi& cations, whether by way of repeal or amendment as tbat Assembly may make duiing the session in which it is so laid. power to 16, (1) The Government may, bv nolific:ttlon, make make d e s t o carry out the puiSposes of d r / I c.t, and in parti- cular for the axeculion or enfor~mcalo f' any ordafs, decisions or awards pasied thereunder or for tht removal of any doubts or diffiw'ltie- :.-. '.- nip!. arise in giving vvl- eff,ci to thc pro~~i 0 s 1 i 1 s t herec f. (2) ruler made under this section after the 318t December 1952 shall bc laid for not less than fourteen days before the Legislatiw Assembly of the State, as sooll as possible alter they ore made, and sllall b~ .;object to such modifications,v;lc(iler by way of repeal or alnendm~~t, as that Assembly may make during the seasion in w ~ c p I they are so laid. Explanatton.-This sub-section shall not apply to any rules made on or b;jfora the 31st Uecetriber $952. Repeal of 17. (1)The Tanjora rrcnant~ir ud Pamaiya? Protection MabOrdi- (NO. 2) Ordinance, x952 (Madras Ordinance V, of fg52), VI is hereby repealed. of 1952. (2) Any rules made, notifications issu~d, orders, decisions or awards passed, action taken, or thing done jn - th * - a&se of:i~y 3.3 er cenferred b:.~ or und-e-r ~ ~ f ~ d ~ ~ k 1 ' '6 " ' .2: . : - 3 - ' . :, - @ 2: d ,- W , - W 2- ' . t 4 z - r f . ; 5 - ; - - .% r3 - * " i . . .* e j*j ;.; ~ , . ' j . . ; . - - - 2 $ ," 8 , e o a r 3 a , .am--* ,--I------ - I - - .bT. ---_I- - - -- - -. - - e- 1952: T Act X gV]. Tanjore Pufipraiyal Prdction 257 adras Ordinance VI of 1952, shall be deemed to f v t een made, issued, passed, taken or dsne in the exer. . .. the powers conferred by or under this ~ c t . .. %'a [THE SCHEDULE] on 11' (a)] e paid daily Wages at one marakkal urers at 3/4th milrakkal. sting, kalavadi, chindumanj, sattuve, al, kalavadi, arid other items, Pannaiyals will be paid of the gross produce of the plots on which they have rked as pannaiyals. (a) The 117th share will be split up and the kalava'di will be fixed at if marakkals out of 14 and harvest cooly at half-a-marakkal out of 14, (b) Where the pannaiyal exclusively harvests the field, he will get 217th of the produce. (c) Where the pannaiyal harvests part c~ft he field, he will get 117th of the produce harvestec! by him. labour has harvested certain areas certain other areas, the pannaiyal will out of 14 as kalavadj, irrespective of to outside labour. nnaiyals from claiming their snare re, a penalty of two marakkals for sence during the harvest season will deducted out of the kalavadi or other dues to him. (f) Each pannaiyal will get his share only on the Id from not more than one veli (6.213 acres) of land onging to the mirasdar. (3) For poradi, pauaaiyals will be paid only daily wages at one marakkal and they should finish the ~oradi. (4) Panmiyals will be given maniama (manaikoljais) ccording to custom.] --- appliati on of the Act to certain areas in re taluks in South dlstrlct was t mcnt Notification No. '278, published of the Fort St. George Gazette, &feed the rd paragraph of foot-note 2 at 237 ant&)