LexThe Tanjore Pannaiyal Protection Act, 1952
Tamil Nadu · state statute
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The Tanjore Pannaiyal Protection Act, 1952
Act 14 of 1952
Keyword(s):
Agricultural Year, Conciliation Officer, Gross Produce, Land Owner,
Pannaiyal, Revenue Court
'[TAMIL NADU] ACT No. XIV OF 19528.
(~eceived the 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.
WHERRAS in 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~ram and Cuddalore
taluks in South Arcot district specified below, subject to certain
modifications of sections 11 and 12 and the omis~i~n of the 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 following 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~tiuIyir/I Protect it 1 n [1952; T.N. Act XkV
AND wH~RBA:; tile situation t hrcatetncd to carrse cfcteri~a
ration in :igrirulfr~ral producrio~l
AND WHERBAS th~ Tiinjore 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 ~ituation aforesaid ;
AND WHERBAS with a view to reinovo certain doubts
I which had asisel? regarding thc validity of the said
Ordina~uc,c:s, the [Governor oi Tamil Nad~ij aftrr oblain-
ing the initrsctio .:s . f t he Prcsideiit in pursuance cif thl:
proviso to A 3, clause (1) of the Constitution,
promulgated thc Td:q3rc Tenants and Pannai ynl Pro-
tection (No. 2) Oi~dinal~ce, 1952 (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[
gommcncement. Pannaiyal Piotczi io n Act, 1 952. I
(2) It ~"11 's. :.::--&:.I :iJ i;ii.: y,..yy; :v;!,, p,<c:;2f$4 -- . * .. ... " , *. ~5.~1: if 1:: :-::--' . "I - -."
I., 'L . ?(.,@* -, -- - + - . rhi'.l*~~s~ ,t 11~23
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-oi may, 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 th~ di~i~i~t of Tanjor;: or to any 0thc.r specified area
elsewhxe in which this Act may have bcen brought into
force.
1 This expression was substituted f~i the expression ''Govern& of Madras" by the Tamil Nadu AGaptatisn of Laws Order, 1970.
2 The words " Tenants ad " were omitted by section 2 of the
Tadore Tenants and Pann~iyiil Protection (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" by the Tamil Kidu Adaptation OF Laws Order, 1969 as
amended by the Tamil Nadu AQptation of Inws (Second Amad.
na8nt)~~Order, 1969.
, ?,."..-----
rC - ---.--;=-- - -- _L_--- ---
e -
1952; T.N. Act XIV] Tunjorz P~~iliyrr l Protection 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) f' commencement of this Act " or " date of
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 1x0 such Officer has been appointed,
the Lhsild;~ r having jurisdiction over the area ;
(e) " Oovernmzni " mcans the Skate Government ;
Cf) "gross produce " includes the yield obtained at
the poradi ;
2 [(g) " land owner "in relation to a pannaiyalmeans
the owner of a land or othcr persondzri ving anyright from
him in respect thcreof, who has engagcd the pannaiyal for
cultivating tho said laad ;I
(f) '' pannaiyal " m~cans any person engaged by the
landowner 4[ 3 to looh after a
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 Pilrrrlai~nl Protccti&@ Ei952: T.N. Art XIV
(I) "Revenue Caurt" means in relationlo any area,
the Revenue Court cij~~stituted under this Act for such
area, and whcrc no Revcnclr Court 11os becn so constituted.
thc Court ~f I hi: Kcw IIUC Divjsi~i~tif Ol%..:~r g,i:ivx::~,n juris-
diction ovcr thc aria ;
Act to over- 3. The pgorision:: :I? !,his Act-- ride contract - ..
and other
laws, etc.
(a) shall haw effcct l~ctvvithstanding ally thing to the
,contrary contairlcd in any prc-existing law, ctlsto~n, usage,
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-om any Govcr tlment source,
or three vclis (tw~nl y ~c!.cs) of dry lnnd not i rrigatcd from
any Government si\ur ce.
Appointment 4.TheGcvernmc1iLor anyauthorityempoweredby
Con*tion them in this b-half 1 nay, by ordcr, appoint any person for
Officers* any area specified tl- cr: in, to be a Conciliation Officer for
the purpose of perfbr~ni11,o the 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~h shall bc
Cou*s presidedover byaanoffio-:r not belowthernnkofa Rcvenue-
Divisional Officer for t l~c i: urpcse 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) were omitted by section 3 (0 of the Tanrore Tmant s, anit Pznnaiyal P, otectio:~ (Amun&neat) Act, 1956 (Tamil Nadu Act XXV of 1956), ~,vhidz came in to force
on the 19th Decembtx 1955.
; .N- Act 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 aft heir 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, and 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 tab 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 a ward
of the Conciliation 0;ficer under. sub-section (31, %[or the
decision of' the Revej~uc Court on an appeal from such
award under su b-section (2) of section 131, the Rrvanue
Court may, on rect:igt cf inti ma ti it^? OF such fiilure,
after such inquiry ac it cf-~:~sidcrs rcccsssl- y, direct the
land owncr to pz y tli.: ps nnaiya l st! ch compznsotion as
I_--- - I- -- -_- 1-- -
1Thee~pressior~~~l~tc~aynf ~an~~~-~~~~~"~!~nlI!~a qlbstituted .
for this expressian ilr tll: nj~plicstion c3P el;e ~ct , dt-!:tin araas in Chidarnbaram arld Cud IaTorc taluks-Sue i ri 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~~~tlowl~cr ov psatlniyill may terminate the +
cagnpnwnt by yivillg notice of ~iot less than 12 months
eliding with tli~ cxpiry of the next apicultural year, or by
mutua 1 agreement, provided that where the landowner
Wnates 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
3L 3,
' 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~ent from service, cf Armed
or on being sent to Rese~ ve, make within the prescri&'d Forces.
period an application for reinstatement to the Concilia-
$ion Officer. Upon such application he shall be evntitled
td,be ieinstated as a papnaiyal with all the rights e bye$,
9 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 J Act, I965
9 af 1965).
6 Sub-section (7) was omitted by section 5 of the Tanjorc Tenants
and Panniyal Protect ion (Amendment) Act, 1956 @mil Nadu 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) the nature of the 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 ; the
conciliation Officer is sa~isfied that it will not bz just and
proper to require the landowner to rci~lstatc the pannoiyul.
(3) The Conciliation Officer may, on receipt of an
application LIKI~CS sub-section (l), call upon thc lalld owner
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 th~ pannaiyal 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:lation to 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~ahcr of 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~ member
ip,mediately before hi3 death.
~~plonafiorr.--Io this 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
~eilingonLand) Act, 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~njore Pannai: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~~lt of 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-fee stamp 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 Vcld or 1~52.
--
1 Under section 1 1 oft he, Tamil Nadu Cult ivatingTenants(Protect im
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 aft he 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 ap lication under Tamil Nadu Act B XW of 1955, as if it had been ma e thereunder. ** . 'a~his sub-section was substituted for the original sub-section (I) , -, ,i.
by section 6 (i), ibid. . ", - . . : , .Z , .i
8nis expression was substituted for the expression "Against , -
any final order passed by a Conciliation (HBcor under sub-section (I),
an appd shall 1 io to the Revenuo Court within thirty days oft he pass-
isgof the order9* by 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 ~adu
Act XXV of 1955. r,' .
-.
Bar of Juris- 14. No civil court shall entertain any ~uit or other
diction'of proceeding to set aside or modify any order, decision or,
award passed ?y any Revenue Court, Conciliation OBcer, cci urts. or other authxity uuder this Act or in respect of
any other matter fatling within its or his scope.
I
special 15. (1) Where this Act is to be brought into force in
conditions any neighbouring area outside the Tanjors district, its
applicable provisions shall apply subject to such adaptation% excep- to areas out Twore .dons 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 des to carry out the puiSposes of dr /I c.t, and in parti-
cular for the axeculion or enfor~mcal of' any ordafs,
decisions or awards pasied thereunder or for tht removal
of any doubts or diffiw'ltie- vvl- :-'- .. . nip!. arise in giving
eff,ci to thc pro~~isi 011s 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,
I as that Assembly may make during the seasion in w~cp
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~ irud 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 under ~~f~d~~ -* 1'6' .2: : 3':, 2: ,-, -2- .4zf;- - % * . .* ;.; -- '. .- - .- "
k'" . . - 2 ,",e a3 - @dWW' -. - 3 .e* .-. - t r 5; rijj~, j; $8 or
a
, .am--* ,--I------ -
I
- - ---_I-
- - -.
-- - - - e-
1952: T .bT. Act X gV]. Tanjore Pufipraiyal Prdction 257
adras Ordinance VI of 1952, shall be deemed to fv t
een made, issued, passed, taken or dsne in the exer. . ..
the powers conferred by or under this ~ct. .. 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~f the 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.] ---
appliat ion 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&)