SCHOOL OF EXCELLENCE IN LAW

AGRICULTURAL LABOURERS AND RELATED

LABOUR LAWS IN INDIA

NAME : Nithyaasree P
REG NO. : HB18087
COURSE : B.COM LLB (Hons)
YEAR : 4th year
SECTION : B
SUBJECT : Labour Law - II
FACULTY : Blessie Ahino Ma’am
DATE OF SUBMISSION: 13/10/2021

Nithyaasree P

STUDENT’S SIGNATURE FACULTY SIGNATURE

 INDEX

S.NO. CONTENT PAGE NO.

1 Introduction 3

2 Who are agricultural labourers? 4

3 Nature of Agricultural labourers 6

4 Problems faced by agricultural labourers 7

5 Initiatives taken by the government 8

6 Findings 13

7 Recommendations 14

8 Conclusion 16

9 References 17
 INTRODUCTION

India is an agricultural country, but suffers from various issues and problems connected with
the agricultural sector and especially with regard to the agricultural labour, the backbone of
the economy. The issues and problems related to the agricultural labourers are not visualized
by the main stream society and the policy makers. It is stated that the agricultural farmers are
born in debt, grow in debt and die in debt. Most of the laws available to this community are
not recognized and are not aware of the programs. They are not aware of it because they
constitute the unorganized sectors of labour community. Unorganized workers in India
include workers of home-based, midday meal, brick kiln, domestic, agricultural and
construction. The others are head loaders, street vendors, cobblers, rag pickers, washer men,
rickshaw pullers, landless labourers, are some of them. Another big reason is that, agriculture
in India still depends upon the intensity of monsoon. Despite of many attempts taken by the
government in the past to improve the socio-economic conditions of the agricultural labourers
across the country still they are the worst sufferers in the society efforts seems to fail because
it has consisted of short-term solutions unrelated to the general pace and direction of the
economy as a whole. In India most of the people are dependent on agriculture. But failure in
agriculture in rural India coerces most people to be profitless and landless that forced them to
be migratory in nature and ends up in any of the unorganized labour folk. As we look in to
the labour issues, often one is reminded of the migrant labour, construction labour, industrial
workers and the related. Hardly the attention turns towards agricultural labours.
 WHO ARE AGRICULTURAL LABOURERS?

Agricultural labourers are those persons who work on the land of others on wages for the
major part of the year and earn a major portion of their income as a payment in the form of
wages for works performed on the agricultural farms owned by others.

The first Agricultural Labour Enquiry Committee of 1950-51 regarded those workers as
agricultural workers who normally worked for 50 per cent of more days on the payment of
wages. Therefore, the first A.L.E.C. used the concept of agricultural labour household. If half
or more members of household have wage, employment in agriculture then those households
should be termed as agricultural labour household. This concept was based upon the
occupation of the worker.

The second Agricultural Labour Enquiry Committee, 1956-57 accepted a broad view and
included all those workers into agricultural labourers who were badly engaged in agriculture
and allied activities like animal husbandry, dairy, piggery, poultry farming etc. The Second
Agricultural Labour Enquiry Committee 1956-57 enlarged the distribution to include -
"Those who are engaged in other agricultural occupations like dairy, farming, horticulture,
raising of live-stock, bees, poultry etc. "In the context of Indian conditions, the definition is
not adequate, because it is not possible to completely separate those working on wages from
others. There are people who do not work on wages throughout the year but only for a part of
it.

The Second Committee submitted that to know whether a household is an agricultural labour
household, we must examine its main source of income. If 50% or more of its income is
derived as wages for work rendered in agriculture only, then it could be classed to
agricultural labour household.
This first committee again classified the agricultural workers into two different
categories such as:

(a) attached labourers are those workers who are attached to some other farmer households on
the basis of a written or oral agreement.

These attached workers are working as per the wishes of their masters and are not free to
work at any other place. They are working both in the house and farms of their masters. Thus,
these attached labourers are working as serfs or servants and they are also known as bonded
labourers.

(b) On the other hand, casual labourers are those workers who are free to work in any farm on
the payment of daily wages.

In India these casual labourers include:

(a) small farmers having a very small size of holdings who devote most of their time working
on the farm of others;

(b) landless labourers who exclusively work for others;

(c) tenants who work on leased land but work most of the time on the land of others;

(d) sharecroppers who also work as agricultural labourers. (1)

___________________________________________________________________________

(1) https://www.economicsdiscussion.net/india/agriculture-india/agricultural-labourers-
growth-types-and-economic-conditions/21214
Nature of the Agricultural
labourers
Agricultural labours are non -
comparable with other labour
sections. Unlike the Trade
Unions labour
organisation hardly or there
are no unions for the
Agricultural labourers. They
are temporarily in nature.
They
can lose their job at any time.
Hence, they must be on the
mercy of their masters. But it
cannot be denied that
it is needed for the growth of
our national economy. The
Planning Commission, stated
as follows
“The worker is the p
rincipal instrument in ful
lmentofthetargetof
theplanandinthe
achievementofthe
economic progress generally.
His co-operation will be
essential factor in creating an
economic organisation in
the country which will best
subserve the need of social
justice”.(Planning
Commission: 2006)
Agricultural Labourers also
considered as unorganized.
The Central Government has
given them suitable
Welfare Schemes relating to:
a) Life and disability covers
b)
Healthandmaternityben
ets
c) Old age protection, and
d) Anyotherbenets
Further the State Government
has to formulate, suitable
welfare schemes for
unorganized sectors of
workers.
a) Provident Fund
b)
Employmentinjurybene
t
c) Housing
d) Educations schemes for
children
e) Skill up gradation of
workers
f) Funeral assistance, and
g) Old age homes
Nature of the Agricultural
labourers
 Agricultural labours are non -
comparable with other labour
sections. Unlike the Trade
Unions labour
organisation hardly or there
are no unions for the
Agricultural labourers. They
are temporarily in nature.
They
can lose their job at any time.
Hence, they must be on the
mercy of their masters. But it
cannot be denied that
it is needed for the growth of
our national economy. The
Planning Commission, stated
as follows
“Theworkeristhep
rincipalinstrumentinful
lmentofthetargetof
theplanandinthe
achievementofthe
economic progress generally.
His co-operation will be
essential factor in creating an
economic organisation in
the country which will best
subserve the need of social
justice”.(Planning
Commission: 2006)
Agricultural Labourers also
considered as unorganized.
The Central Government has
given them suitable
Welfare Schemes relating to:
a) Life and disability covers
b)
Healthandmaternityben
ets
c) Old age protection, and
d) Anyotherbenets
Further the State Government
has to formulate, suitable
welfare schemes for
unorganized sectors of
workers.
a) Provident Fund
b)
Employmentinjurybene
t
c) Housing
d) Educations schemes for
children
e) Skill up gradation of
workers
f) Funeral assistance, and
g) Old age homes
Nature of the Agricultural
labourers
Agricultural labours are non -
comparable with other labour
sections. Unlike the Trade
Unions labour
organisation hardly or there
are no unions for the
Agricultural labourers. They
are temporarily in nature.
They
can lose their job at any time.
Hence, they must be on the
mercy of their masters. But it
cannot be denied that
it is needed for the growth of
our national economy. The
Planning Commission, stated
as follows
“Theworkeristhep
rincipalinstrumentinful
lmentofthetargetof
theplanandinthe
achievementofthe
economic progress generally.
His co-operation will be
essential factor in creating an
economic organisation in
the country which will best
subserve the need of social
justice”.(Planning
Commission: 2006)
Agricultural Labourers also
considered as unorganized.
The Central Government has
given them suitable
Welfare Schemes relating to:
a) Life and disability covers
b)
Healthandmaternityben
ets
c) Old age protection, and
d) Anyotherbenets
Further the State Government
has to formulate, suitable
welfare schemes for
unorganized sectors of
workers.
a) Provident Fund
b)
Employmentinjurybene
t
c) Housing
d) Educations schemes for
children
e) Skill up gradation of
workers
f) Funeral assistance, and
g) Old age homes
NATURE OF AGRICULTURAL LABOURERS

Agricultural labours are non - comparable with other labour sections. Unlike the Trade
Unions labour organisation hardly or there are no unions for the Agricultural labourers. They
are temporarily in nature. They can lose their job at any time. Hence, they must be on the
mercy of their masters. But it cannot be denied that it is needed for the growth of our
national economy. The Planning Commission, stated as follows:

The worker is the principal instrument in fulfilment of the target of the plan and in the
achievement of the economic progress generally. His co-operation will be essential factor in
creating an economic organisation in the country which will best subserve the need of social
justice”.
Agricultural Labourers also considered as unorganized. The Central Government has given
them suitable Welfare Schemes relating to:

(a) Life and disability cover

(b) Health and maternity benefits
(c) Old age protection, and
(d) Any other benefits (2)

___________________________________________________________________________

(2) https://www.researchgate.net/publication/
339016873_Historical_evolution_of_Agricultural_Labour_Laws_in_India

PROBLEMS FACED BY AGRICULTURAL LABOURERS

Traditional Indian Farming

Indian farming has always been labour intensive in contrast to the massive mechanised
farming of the USA and different countries. Traditionally Indian farmers have depended on
old cultivation techniques, organic fertilizers and pesticides, as well as seeds that's quality has
been improved using natural selection methods as opposed to genetic manipulation.

Employment

The agricultural labourers have to face the problems of unemployment and

underemployment. A large number of days (of the year), they have to remain unemployed
because of the lack of work on the farms while alternative sources of employment also not
exist.

Income

The wages and family incomes of agricultural workers are very low in our country. After the
initiation of the Green Revolution, wage rates started increasing however, as prices also
increased considerably, the wage rates did not increase in the same proportion. Presently
labours are getting around Rs. 150 to 200 per day under the MGNREGA in rural areas.
However, the minimum wage in Bihar, effective from April 2018, is Rs 237, Rs 210 in
Jharkhand and Rs 326 in Haryana.

Low Wages for women

Generally, women agricultural workers are forced to work harder and paid less in comparison
to male workers.

Indebtedness

In the absence of proper banking system in the rural areas and trial process of sanction by the
commercial banks, farmers prefer to take loans from moneylenders, landlords at a very high
rate of interest which (interest rates) traps them into debt.

Rise in migration of Labours

Though, the Green Revolution significantly increased remunerative wage employment

opportunities in the assured irrigation areas while nearly stagnated in the vast rain-fed areas
or in those areas where agriculture depends upon monsoon. (3)
 INITIATIVES TAKEN BY THE GOVERNMENT

Measures Adopted by the Government to Improve the Conditions of Farm Workers:

In order to improve the conditions of agricultural labourers in India both the central as well as
the state Governments have taken various steps since independence. These measures are as
follows:

(i) Abolition of Bonded Labour:

In order to remove agrarian slavery after independence Indian constitution has undertaken
legislative measures to abolish the practice of bonded labour. Accordingly, the Bonded
Labour System (Abolition) Act 1976 was passed and about 2.51 lakh bonded labourers were
identified and freed in different parts of the country and 2.29 lakh of such labourers were
rehabilitated till March, 1995.

Considering various estimates of bonded labourers, a large number of bonded labourers are
yet to be liberated in India.

___________________________________________________________________________

(3) https://www.allexamnotes.com/2017/04/agricultural-labor-problems/

(ii) Minimum Wages Act:

In 1948, the Minimum Wages Act was passed and the state Governments was advised to fix
the minimum wages accordingly. But due to some practical difficulties most of the states
could not fix minimum wages till 1974. At present most of the states excepting Jammu &
Kashmir, Nagaland and Sikkim have enacted necessary legislations for fixing minimum
wages.

But due to excessive supply of labour, lack of organisation among rural workers, uneconomic
holdings etc., agricultural labourers could not reap much benefit out of this Act.

(iii) Distribution of Landless Laborers:

After passing legislation for fixing ceiling on land holdings, state Government acquired
surplus lands and distributed it among the landless labourers. About 74 lakh acres of land
were acquired as surplus land and out of which 45 lakh acres were distributed among 41.5
lakh landless labourers. But most of these lands distributed are found unsuitable for
cultivation.

(iv) Provision for Housing Sites:

Various states have passed necessary legislations for providing housing sites (01 sq. metres)
to agricultural labourers. The Second and Fourth Plans have undertaken various steps for this
purpose. Again, under Minimum Needs Programme and 20-Point Programme, high priority is
being accorded to rural house site-cum-house construction scheme.

As per an estimate, there were nearly 12.2 million houseless families as on March 1985. The
Seventh Plan made a provision of Rs 5,777 crore for developing house sites and construction
of houses for these labourers.

(v) Various Employment Schemes:

For providing alternative source of employment among the agricultural labourer’s various
schemes have already been launched by both the central and the state Governments. These
schemes include Rural Works Programme (RWP), Crash Scheme for Rural Employment
(CSRE), Employment Guarantee Scheme (EGS) by the Government of Maharashtra, Food
for Work Programme (FWP), National Rural Employment Programme (NREP), Rural
Landless Employment Guarantee Programme (RLEGP), Jawahar Rozgar Yojana (JRY) etc.

Among all these schemes NREP and RLEGP got maximum importance. NREP was
introduced during the Sixth Plan by central Government to generate gainful employment to
the extent of 300–400-million-man days annually along with creation of durable community
assets and improving the standard of living of rural poor.
RLEGP was launched in August 1983 for providing employment to landless cultivators.
Again in 1989-90 both NREP and RLEGP were merged into JRY. The seventh plan
generated employment to the extent of 3,497-million-man days.
(vi) Special Agencies:
During the Fourth Plan two special agencies—Small Farmers Development Agency (SFD\)
and Marginal Farmers and Agricultural Labourers Development Agency (MFALA) were
developed for conducting Various works like irrigation, land leveling, soil conservation, dairy
development, piggery development, poultry breeding etc. During the Fifth Plan both agencies
were merged into a single programme.

(vii) 20-Point Programme:

The Government introduced the 20-point economic programme in July 1975 in which steps
were taken to improve the economic condition of landless workers and other weaker sections
of the society in the rural areas.

These steps include speedy implementation of ceiling laws and then distribute the surplus
land among the landless, making provision for housing sites for landless labourers, abolition
of bonded labour, liquidation of rural indebtedness and moratorium on recovery of loans from
landless workers and reviewing of the minimum wage legislation etc.

(viii) Minimum Wages Act:

The Minimum Wages Act was passed as long back as in 1948 and from that point forward
the need of applying it to farming has been continually felt. Means the Act is not pertinent to
farming division.

(ix) Eradication of Bonded Labour:

Since Independence, endeavours have been made to nullify the insidiousness of reinforced
work since it is exploitative, barbaric and violative of all standards of social equity. In the
section on Fundamental Rights in the Constitution of India, it has been expressed that
exchanging people and constraining them to do begging is restricted and can be punished
under the law.

(x) Provision for accommodation:

Laws have been passed in many states for giving accommodations to the farmworkers. The
ceiling of landholding serves this purpose. The Bhoodan movement is also one of the
methods by which those who have land, contribute voluntarily to landless people. Another
method is co-operative farming, the landless people can improve their lot only through
acquiring land.

(xi) Employment Guarantee Scheme

Rural Employment (CSRE), National Rural Employment Jawahar Gram Samridhi Yojana
(JGSY) and National Food for Work Program (NFFWP), Mahatma Gandhi Rural
Employment Guarantee Act MGNREGA.

(xii) Special organizations for development

Small Farmers Development Agency (SFDA) and Marginal Farmers and Agricultural
Labourers Development Agency (MFAL) were formed in 1970-71 to take care of the issues
of farm works of the nation.

The Government has passed the Unorganised Workers’ Social Security Act, 2008 to provide
social security benefits to the workers including agricultural labourers within the unorganised
sectors.

This Act specifies formulation of suitable welfare schemes for unorganised workers on
matters relating to: (i) life and disability cover, (ii) health and maternity benefits, (iii) old age
protection and (iv) any other benefit as may be determined by the Central Government
through the National Social Security Board. Various Schemes, formed by the Government to
provide social security cover to the unorganized workers, which include agricultural
labourers are listed in the Schedule I of the above Act are as under:

A. Indira Gandhi National Old Age Pension Scheme

B. National Family Benefit Scheme

C. Janani Suraksha Yojana

D. Handloom Weavers’ Comprehensive Welfare Scheme

E. Handicraft Artisans’ Comprehensive Welfare Scheme

F. Pension to Master Craft Persons

G. National Scheme for Welfare of Fishermen and Training and Extension

H. Aam Admi Bima Yojana

I. Rashtriya Swasthya Bima Yojana (Ministry of Health and Family Welfare).

Besides these, Pradhan Mantri Jeevan Jyoti Bima Yojana, Pradhan Mantri Suraksha Bima
Yojana and Atal Pension Yojana were launched by the Government to provide social security
coverage to farm labourers. (4)

___________________________________________________________________________

(4) http://www.asianmirror.in/papers/Volume%20VII,%20Issue-I-online%20March
%202020/Upliftment.pdf

FINDINGS

The Indian economy is largely dependent on agriculture and even after 70 years after the
independence the livelihood of the Indian farmer depends on the grace of monsoon. Seventy
per cent of our population is directly or indirectly engaged in agricultural activities in India
while around 58 per cent of the total employment in our country is through agriculture sector.
In India the agricultural sector contributes around 18 percent of the GDP. A major portion of
the agriculture space lacks manual irrigation systems and utterly addicted to monsoon rains.
The frail monsoon rains result into failure of crop production that affects the economy in an
exceedingly negative manner that affects different areas too. Traditional monsoon rains keep
a check on food inflation but, in an exceedingly state of affairs of drought, costs soar
considerably, affects life et al and therefore the country could even import.

They are affected by unique problems which are associated with the agricultural sector like
seasonal employment, irregular employment, underemployment, disguised unemployment,
and in some cases, even the landowners – small and marginal farmers – turning into wage
labourers. Moreover, they also face other problems like low wage payment, payment in kind,
gender disparity in wages, etc. The Government has brought in many legislative measures to
improve the socio-economic conditions of the agricultural labourers over the years, but in
many States, these have not been implemented since agriculture comes under the control of
the State Governments. Also, many measures which are available to the industrial workers
are not available or applied to the agricultural labourers.

RECOMMENDATIONS

The discussion leads us to the following conclusions.

(i) The present labour legislation is applicable, if at all, to a limited section of

agricultural labour. It has failed to meet the needs. It is, therefore, desirable to
have a comprehensive central legislation for agricultural labour, dealing with
dispute settlement machinery, security of tenure, wages, bonus, dearness
allowance, working hours, health and welfare.
(ii) The Trade Unions Act, 1926 should be amended to enable agricultural labour to
get their unions or associations registered under the Act.

(iii) Steps should be taken to evolve a proper and adequate enforcement machinery
keeping in view the problem of agricultural sector. A way should be found to
involve village panchayats in the task of implementation of labour legislation. It is
suggested that the Block Development Officer be deemed to be rural inspector and
one or more Assistant Development Officers of the Block, depending upon the
work-load, may also be associated.

(iv) A perusal of minimum wages fixed under the Minimum Wages Act, as given in
Appendix A, reveals that interstate disparity exists in the minimum wages fixed
for agricultural labour. Further, a report of the Bureau, Ministry of Labour,
Government of India, on Wage Fixation in Industry and Agriculture reveals that
there is not only inter-state disparity in minimum wages, but also in some States
rates for the same industry vary from area to area. For instance the Government of
Bombay has divided the State into various zones on the basis partly on population
and partly on industrial development and has fixed separate wage rates for each
zone• Similarly, Madhya Pradesh has been divided into different zones for
fixation of wages. In view of this, the problem of inter-State wage differentials
under the Minimum Wages Act calls for co-ordinated action.

(v) Reported decisions show that Government sometimes take 2 years in the process
of finalisation of fixation revision of minimum wages. This frustrates the very
purpose of the Act.

(vi) The proviso to section 3 (1) (b) of the Minimum Wages Act 1948 neutralises the
effect of the section by providing that where the Government due to any reason
has not reviewed the minimum wages fixed within the period mentioned in section
3 (1) (b), it can be empowered to do so even after the expiry of that period and
until the wages are reviewed, the minimum rate of wages already fixed will
continue to be in force. This proviso has been misused by the Government. A
perusal of wages revised under section 3(1) (b) reveals the fact that the minimum
rates of wages have not been revised for several years from the date of last
 fixation 'revision by the appropriate Government. The period ranges from six to
twenty years.

(vii) The welfare provision should provide for (a) supply of drinking water; (b)
provision for health and medical facilities; (c) supply of protective equipment to
ensure safety; (d) provision of house-sites free of cost and cheap house on easy
instalment or houses on nominal rent; (e) free educational facilities for children of
landless labour; and (f) rest shelter at places of work as suggested by the
Committee on Labour Welfare.

CONCLUSION

To succeed, the farm labour policy has to be an integral part of the overall policy for
economic development. The basic solution has to lie in increasing demand for rural labour
through intensive agriculture and through larger non-farm employment. This programme for
the longer term can then be supported by other short-term programmes aimed at assuring,
meanwhile, a more reasonable minimum wage to farmers, food and clothing at more
reasonable prices through well-organised marketing societies, and off-season employment
opportunities for earning supplementary income.
 REFERENCES

WEBLIOGRAPHY

https://www.economicsdiscussion.net/india/agriculture-india/agricultural-labourers-growth-
types-and-economic-conditions/21214

http://www.asianmirror.in/papers/Volume%20VII,%20Issue-I-online%20March%202020/
Upliftment.pdf
https://www.researchgate.net/publication/
339016873_Historical_evolution_of_Agricultural_Labour_Laws_in_India

https://www.allexamnotes.com/2017/04/agricultural-labor-problems/