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Short
Title, Extent and
Commencement Definitions Act to Have Overriding Effect Abolition of Bonded Labour System Agreement, Custom, Etc., to be Void Liability to Repay Bonded debt to Stand Extinguished Property of Bonded Labourer to be freed from Mortgage, Etc. Freed Bonded Labourer Not to be Evicted from Homestead, etc. Creditor not to Accept Payment Against Extinguished Debt Authorities Who may be Specified for Implementing the Provisions of this Act Duty of District Magistrate and other officers to ensure credit Duty of District Magistrate and Officers Authorised by Him Vigilance Committee Functions of Vigilance Committee Durden of Proof Punishment for Enforcement of Bonded Labour Punishment for Advancement of Bonded Debt Punishment for Extracting Bonded Labour under the Bonded Labour System Punishment for Omission or Failure to restore possession of Property to bonded Labourers Abetment to be an Offence Offences to be Tried by Executive Magistrates Cognizance of Offences Offences by Companies Protection of Action Taken in Good Faith Jurisdiction of Civil Courts Barred Power to make rules Repeal and Savings |
BONDED LABOUR SYSTEM (ABOLITION)
ACT, 1976
PREAMBLE
[Act 19 of 1976 as amenede
by Act 73 of 1985]
[9th February, 1976]
An Act to
provide for the abolition of bonded labour system with a view to
preventing the economic and physical exploitation of the weaker
sections of the people and for matters connected therewith or
incidental thereto Be it enacted by Parliament in the Twenty-seventh
Year of the Republic of India as follows :
1. SHORT
TITLE, EXTENT AND COMMENCEMENT. - (1) This Act may be called the
Bonded Labour System (Abolition) Act, 1976.
(2) It extends
to the whole of India.
(3) It shall be deemed to have come
into force on the 25th day of October, 1975.
2.
DEFINITIONS. - In this Act, unless the context otherwise
requires,- (a) "advance" means an advance, whether in cash or kind,
or partly in cash or partly in kind, made by one person (hereinafter
referred to as the creditor) to another person (hereinafter referred
to as the debtor);
(b) "agreement" means an agreement
(whether written or oral, or partly written and partly oral) between
a debtor and creditor, and includes an agreement providing for
forced labour, the existence of which is presumed under any social
custom prevailing in the concerned locality.
Explanation :
The existence of an agreement between the debtor and creditor is
ordinarily presumed, under the social customs, in relation to the
following forms of forced labour, namely : Adiyamar, Baramasia,
Basahya, Bethu, Bhagela, Cherumar, Garru- Galu, Hali, Hari, Harwail,
Holya, Jana, Jeetha, Kamiya, Khundit- Mundit, Kuthia, Lakhari,
Munjhi, Mat, Munish system, Nit-Majoor, Paleru, Padiyal, Pannayilal,
Sagri, Sanji, Sanjawat, Sewak, Sewakia, Seri, Vetti;
(c)
"ascendant" or "descendant", in relation to a person belonging to a
matriarchal society, means the person who corresponds to such
expression in accordance with the law of succession in force in such
society;
(d) "bonded debt" means an advance obtained, or
presumed to have been obtained, by a bonded labourer under, or in
pursuance of, the bonded labour system;
(e) "bonded labour"
means any labour or service rendered under the bonded labour
system;
(f) "bonded labourer" means a labourer who incurs,
or has, or is presumed to have, incurred, a bonded
debt;
(g) "bonded labour system" means the system of
forced, or partly forced, labour under which a debtor enters, or
has, or is presumed to have, entered, into an agreement with the
creditor to the effect that - (i) in consideration of an advance
obtained by him or by any of his lineal ascendants or descendants
(whether or not such advance is evidenced by the document) and in
consideration of the interest, if any, due on such advance,
or
(ii) in pursuance of any customary or social obligation,
or
(iii) in pursuance of any obligation devolving on him by
succession, or
(iv) for any economic consideration received
by him or by any of his lineal ascendants or descendants, or
(v)
by reason of his birth in any particular caste or community, he
would- (1) render, by himself or through any member of his family,
or any person dependent on him, labour or service, to the creditor,
or for the benefit of the creditor, for a specific period or for an
unspecified period, either without wages or for nominal wages,
or
(2) forfeit the freedom of employment or other means of
livelihood for an specified period or for an unspecified period,
or
(3) forfeit the right to move freely throughout the
territory of India, or
(4) forfeit the right to appropriate or
sell at market-value any of his property or product of his labour or
the labour of a member of his family or any person dependent on him.
and includes the system of forced, or partly forced, labour under
which a surety for a debtor enters, or has, or is presumed to have,
entered into an agreement with the creditor to the effect that in
the event of the failure of the debtor to repay the debt, he would
render the bonded labour on behalf of the
debtor;
Explanation : For the removal of doubts, it is
hereby declared that any system of forced, or partly forced labour
under which any workman being contract labour as defined in clause
(b) of sub-section (1) of Section 2 of the Contract Labour
(Regulation and Abolition) Act, 1970 (37 of 1970), or an inter-State
migrant workman as defined in clause (e) of sub-section (1) of
Section 2 of the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 (30 of 1979), is
required to render labour or service in circumstances of the nature
mentioned in sub-clause (1) of this clause or is subjected to all or
any of the disabilities referred to in sub-clauses (2) to (4), is
'bonded labour system' within the meaning of this clause.
(h)
"family", in relation to a person, includes the ascendant and
descendant of such person;
(i) "nominal wages", in relation to
any labour, means a wage which is less than,- (a) the minimum wages
fixed by the Government, in relation to the same or similar labour,
under any law for the time being in force ; and
(b) where
no such minimum wage has been fixed in relation to any form of
labour, the wages that are normally paid, for the same or similar
labour, to the labourers working in the same locality;
(j)
"prescribed" means prescribed by rules made under this
Act.
3. ACT TO HAVE OVERRIDING EFFECT. - The
provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this
Act, or in any instrument having effect by virtue of any enactment
other than this Act.
4. ABOLITION OF BONDED LABOUR
SYSTEM. - (1) On the commencement of this Act, the bonded labour
system shall stand abolished and every bonded labourer shall, on
such commencement, stand freed and discharged from any obligation to
render, any bonded labour.
(2) After the commencement of
this Act, no person shall- (a) make any advance under, or in
pursuance of, the bonded labour system, or
(b) compel any
person to render any bonded labour or other form of forced
labour.
5. AGREEMENT, CUSTOM ETC., TO BE VOID. - On
the commencement of this Act, any custom or tradition or any
contract, agreement or other instrument (whether entered into or
executed before or after the commencement of this Act,) by virtue of
which any person, or any member of the family or dependent of such
person, is required to do any work or render any service as a bonded
labourer, shall be void and inoperative.
6. LIABILITY TO
REPAY BONDED DEBT TO STAND EXTINGUISHED. - (1) On the
commencement of this Act, every obligation of a bonded labourer to
repay any bonded debt, or such part of any bonded debt unsatisfied
immediately before such commencement, shall be deemed to have been
extinguished.
(2) After the commencement of this Act, no
suit or other proceedings shall lie in any civil or before any other
authority for the recovery of any bonded debt or any part
thereof.
(3) Every decree or order for the recovery of
bonded debt, passed before the commencement of this Act and not
fully satisfied before such commencement, shall be deemed, on such
commencement, to have been fully satisfied.
(4) Every
attachment made before the commencement of this Act, for the
recovery of any bonded debt, shall, on such commencement, stand
vacated; and, where, in pursuance of such attachment, any movable
property of the bonded labourer was seized and removed from his
custody and kept in the custody of any court or other authority
pending sale thereof, such movable property shall be restored, as
soon as may be practicable after such commencement, to the
possession of the bonded labourer.
(5) Where, before the
commencement of this Act, possession of any property belonging to a
bonded labourer or a member of his family or other dependent was
forcibly taken over by any creditor for the recovery of any bonded
debt, such property shall be restored, as soon as may be practicable
after such commencement, to the possession of the person from whom
it was seized.
(6) If restoration of the possession of any
property referred to in sub-section (4) or sub-section (5) is not
made within thirty days from the commencement of this Act, the
aggrieved person may, within such time as may be prescribed, apply
to the prescribed authority for the restoration of the possession of
such property and the prescribed authority may, after giving the
creditor a reasonable opportunity of being heard, direct the
creditor to restore to the applicant the possession of the concerned
property within such time as may be specified in the
order.
(7) An order made by any prescribed authority, under
sub-section (6), shall be deemed to be an order made by a civil
court and may be executed by the court of the lowest pecuniary
jurisdiction within the local of whose jurisdiction the creditor
voluntarily resides or carries on business or personally works for
gain.
(8) For the avoidance of doubts, it is hereby
declared, that where any attached property was sold before the
commencement of this Act, in execution of a decree or order for the
recovery of a bonded debt, such sale shall not be affected by any
provision of this Act.
Provided that the bonded labourer,
or an agent authorised by him in this behalf, may, at any time
within five years from such commencement, apply to have the sale set
aside on his depositing in court, for payment to the decree-holder,
the amount specified in the proclamation of sale, for the recovery
of which the sale was ordered, less any amount, as well as mesne
profits, which may, since the date of such proclamation of sale,
have been received by the decree-holder.
(9) Where any suit
or proceeding, for the enforcement of any obligation under the
bonded labour system, including a suit or proceeding for the
recovery of any advance made to a bonded labourer, is pending at the
commencement of this Act, such suit or other proceeding shall, on
such commencement stand dismissed.
(10) On the commencement
of this Act, every bonded labourer who has been detained in civil
prison, whether before or after judgment, shall be released from
detention forthwith.
7. PROPERTY OF BONDED LABOURER TO
BE FREED FROM MORTGAGE, ETC. - (1) All property vested in a
bonded labourer which was immediately before the commencement of
this Act under any mortgage, charge, lien or other encumbrances in
connection with any bonded debt shall, in so far as it is relatable
to the bonded debt, stand freed and discharged from such mortgage,
charge, lien or other encumbrances, and where any such property was,
immediately before the commencement of this Act, in the possession
of the mortgage or the holder of the charge, lien or encumbrance,
such property shall (except where it was subject to any other
charges), on such commencement, be restored to the possession of the
bonded labourer.
(2) If any delay is made in restoring any
property, referred to in sub-section (1), to the possession of the
bonded labourer, such labourer shall be entitled, on and from the
date of such commencement, to recover from the mortgage or holder of
the lien, charge or encumbrance, such mesne profits as may be
determined by the civil court of the lowest pecuniary jurisdiction
within the local limits of whose jurisdiction such property is
situated.
8. FREED BONDED LABOURER NOT TO BE EVICTED
FROM HOMESTEAD, ETC. - (1) No person who has been freed and
discharged under this Act from any obligation to render any bonded
labour, shall be evicted from any homestead or other residential
premises which he was occupying immediately before the commencement
of this Act as part of the consideration for the bonded
labour.
(2) If, after the commencement of this Act, any
such person is evicted by the creditor from any homestead or other
residential premises, referred to in sub-section (1), the Executive
Magistrate in charge of the Sub-Division within which such homestead
or residential premises is situated shall, as practicable, restore
the bonded labourer to the possession of such homestead or other
residential premises.
9. CREDITOR NOT TO ACCEPT PAYMENT
AGAINST EXTINGUISHED DEBT. - (1) No creditor shall accept any
payment against any bonded debt which has been extinguished or
deemed to have been extinguished or fully satisfied by virtue of the
provisions of this Act.
(2) Whoever contravenes the
provisions of sub-section (1), shall be punishable with imprisonment
for a term which may extend to three years and also with
fine.
(3) The court, convicting any person under
sub-section (2) may, in addition to the penalties which may be
imposed under that sub- section, direct the person to deposit, in
court, the amount accepted in contravention of the provisions of
sub-section (1), within such period as may be specified in the order
for being refunded to the bonded labourer.
10.
AUTHORITIES WHO MAY BE SPECIFIED FOR IMPLEMENTING THE PROVISIONS OF
THIS ACT. - The State Government may confer such powers and
impose such duties on a District Magistrate as may be necessary to
ensure that the provisions of this Act are properly carried out and
the District Magistrate may specify the officer, subordinate to him,
who shall exercise all or any of the powers, and perform all or any
of the duties, so conferred or imposed and the local limits within
which such powers or duties shall be carried out by the officer so
specified.
11. DUTY OF DISTRICT MAGISTRATE AND OTHER
OFFICERS TO ENSURE CREDIT. - The District Magistrate authorised
by the State Government under Section 10 and the officer specified
by the District Magistrate under that section shall, as far as
practicable, try to promote the welfare of the freed bonded labourer
by securing and protecting the economic interests of such bonded
labourer so that he may not have any occasion or reason to contract
any further bonded debt.
12. DUTY OF DISTRICT MAGISTRATE
AND OFFICERS AUTHORISED BY HIM. - It shall be the duty of every
District Magistrate and every officer specified by him under Section
10 to inquire whether, after the commencement of this Act, any
bonded labour system or any other form of forced labour is being
enforced by, or on behalf of, any person resident within the local
limits of his jurisdiction and if, as a result of such inquiry, any
person is found to be enforcing the bonded labour system or any
other system of forced labour, he shall forthwith take such action
as may be necessary to eradicate of such forced
labour.
Comment: whenever it is shown that a labourer is
made to provide forced labour, the Court would raise a presumption
that he is required to do so in consideration of an advance or other
economic consideration received by him and he is therefore a bonded
labourer. This presumption may be rebutted by the employer and also
by the State Government if it so chooses but unless and until
satisfactory material is produced for rebutting this presumption,
the Court must proceed on the basis that the labourer is a bonded
labourer entitled to the benefit of the provisions of the Act.
Bandhua Mukti Morcha, Petitioner v. Union of India and others,
Respondents. AIR 1984 SUPREME COURT 802
13. VIGILANCE
COMMITTEE. - (1) Every State Government shall, by notification
in the Official Gazette, constitute such number of Vigilance
Committees in each district and each Sub-Division as it may think
fit.
(2) Each Vigilance Committee, constituted for a
district, shall consist of the following members, namely- (a) the
District Magistrate, or a person nominated by him, who shall be the
Chairman;
(b) three persons belonging to the Scheduled
Castes or Scheduled Tribes and residing in the District, to be
nominated by the District Magistrate;
(c) two social
workers, resident in the district, to be nominated by the District
Magistrate;
(d) not more than three persons to represent
the official or non- official agencies in the district connected
with rural development, to be nominated by the State
Government;
(e) one person to represent the financial and
credit institutions in the district, to be nominated by the District
Magistrate;
(3) Each Vigilance Committee, constituted for a
Sub-Division, shall consist of the following members, namely- (a)
the Sub-Divisional Magistrate, or a person nominated by him, who
shall be the Chairman;
(b) three persons belonging to the
Scheduled Castes or Scheduled Tribes and residing in the
Sub-Division, to be nominated by the Sub-Divisional
Magistrate;
(c) two social workers, resident in the
Sub-Division to be nominated by the Sub-Divisional
Magistrate;
(d) not more than three persons to represent
the official or non- official agencies in the Sub-Division connected
with rural development to be nominated by the District
Magistrate.
(e) one person to represent the financial and
credit institutions in the Sub-Division, to be nominated by the
Sub-Divisional Magistrate;
(f) one officer specified under
Section 10 and functioning in the Sub-Division.
(4) Each
Vigilance Committee shall regulate its own procedure and secretarial
assistance, as may be necessary, shall be provided by- (a) the
District Magistrate, in the case of a Vigilance Committee
constituted for the district;
(b) the Sub-Divisional
Magistrate, in the case of a Vigilance Committee constituted for the
Sub-Division.
(5) No proceeding of a Vigilance Committee
shall be invalid by reason of any defect in the constitution, or in
the proceedings, of the Vigilance Committee.
15. BURDEN
OF PROOF. - Whenever any debt is claimed by a bonded labourer,
or a Vigilance Committee, to be a bonded debt, the burden of proof
that such debt is not a bonded debt shall lie on the
creditor.
16. PUNISHMENT FOR ENFORCEMENT OF BONDED
LABOUR. - Whoever, after the commencement of this Act, compels
any person to render any bonded labour shall be punishable with
imprisonment for a term which may extend to three years and also
with fine which may extend to two thousand rupees.
17.
PUNISHMENT FOR ADVANCEMENT OF BONDED DEBT. - Whoever advances,
after the commencement of this Act, any bonded debt shall be
punishable with imprisonment for a term which may extend to three
years and also with fine which may extend to two thousand
rupees.
18. PUNISHMENT FOR EXTRACTING BONDED LABOUR
UNDER THE BONDED LABOUR SYSTEM. - Whoever enforces, after the
commencement of this Act, any custom, tradition, contract, agreement
or other instrument, by virtue of which any person or any member of
the family of such person or any dependent of such person is
required to render any service under the bonded labour system, shall
be punishable with imprisonment for a term which may extend to three
years and also with fine which may extend to two thousand rupees;
and, out of the fine, if recovered, payment shall be made to the
bonded labourer at the rate of rupees five for each day for which
the bonded labour was extracted from him.
19. PUNISHMENT
FOR OMISSION OR FAILURE TO RESTORE POSSESSION OF PROPERTY TO BONDED
LABOURERS. - Whoever, being required by this Act to restore any
property to the possession of any bonded labourer, omits or fails to
do so, within a period of thirty days from the commencement of this
Act, shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to one thousand
rupees, or with both; and, out of the fine, if recovered, payment
shall be made to the bonded labourer at the rate of rupees five for
each day during which possession of the property was not restored to
him.
20. ABETMENT TO BE AN OFFENCE. - Whoever abets
any offence punishable under this Act shall, whether or not the
offence abetted is committed, be punishable with the same punishment
as is provided for the offence which has been
abetted.
Explanation : For the purpose of this Act,
"abetment" has the meaning assigned to it in the Indian Penal Code
(45 of 1860).
21. OFFENCES TO BE TRIED BY EXECUTIVE
MAGISTRATES. - (1) The State Government may confer, on an
Executive Magistrate, the powers of a Judicial Magistrate of the
first class or of the second class for the trial of offences under
this Act; and, on such conferment of powers, the Executive
Magistrate, on whom the powers are so conferred, shall be deemed,
for the purposes of the Code of Criminal Procedure, 1973 (2 of
1974), to be a Judicial Magistrate of the first class, or of the
second class, as the case may be.
(2) An offence under this
Act may be tried summarily by a Magistrate.
22.
COGNIZANCE OF OFFENCES. - Every offence under this Act shall be
cognizable and bailable.
23. OFFENCES BY COMPANIES.
- (1) Where any 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
conduct of the business of the 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.
(2)
Notwithstanding anything contained in sub-section (1), where any
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 attributable to, any neglect on the part of,
any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall be deemed
to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation : For the
purposes of this section.- (a) "company" means any body corporate
and includes a firm or other association of individual;
and
(b) "director", in relation to a firm, means a partner
in the firm.
24. PROTECTION OF ACTION TAKEN IN GOOD
FAITH. - No suit, prosecution or other legal proceeding shall
lie against any officer of the State Government or any member of the
Vigilance Committee for anything which is in good faith done or
intended to be done under this Act.
25. JURISDICTION OF
CIVIL COURTS BARRED. - No civil court shall have jurisdiction in
respect of any matter to which any provision of this Act applies and
no injunction shall be granted by any civil court in respect of
anything which is done or intended to be done by or under this
Act.
26. POWER TO MAKE RULES. - (1) The Central
Government may, by notification in the Official Gazette, make rules
for carrying out the provisions of this Act.
(2) In
particular, and without prejudice to the foregoing power, such rules
may provide for all or any of the following matters, namely- (a) the
authority to which application for the restoration of possession of
property referred to in sub-section (4), or sub- section (5), of
Section 6 is to be submitted of sub-section (6) of that
section.
(b) the time within which application for
restoration of possession of property is to be made, under
sub-section (6) of Section 6, to the prescribed
authority;
(c) steps to be taken by Vigilance Committee
under clause (a) of sub-section (1) of Section 14, to ensure the
implementation of the provisions of this Act or of any rule made
thereunder;
(d) any other matter which is required to be,
or may be, prescribed.
(3) Every rule made by the Central
Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament while it is session, for a
total period of thirty days which maybe comprised in one session or
in two or more successive sessions, and if, before the expiry of the
session immediately following the session or successive sessions
aforesaid, both Houses agree in making any modification in the rule
of both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule.
27. REPEAL AND SAVING.
- (1) The Bonded Labour System (Abolition) Ordinance, 1975 (17
of 1975) is hereby repealed.
(2) Notwithstanding such
repeal, anything done or any action taken under the Ordinance
(including any notification published, direction or nomination made,
power conferred, duty imposed or officer specified) shall be deemed
to have been done or taken under the corresponding provisions of
this Act.