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THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
ACT NO. 19 OF 1976
[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:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
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.
2. Definitions.- In this Act, unless the context otherwise
requires,--
(a) "advance" means an advance, whether in cash or in 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
crelitor 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 custom, in relation to the following forms of
forced labour, namely:--
Adiyamar, Baramasia, Basahya, Bethu, Bhagela,
Cherumar, Garru-galu, Hali, Hari, Harwai, Holya,
Jana, Jeetha, Kamiya, Khundit-Mundit, Kuthia,
Lakhari, Munjhi, Mat, Munish system, Nit-Majoor,
Paleru, Padiyal, Pannayilal, Sagri,
Sanji,Sanjawat, Sewak, Sewakia, Seri, Vetti;
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(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 any
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 an 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
specified 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 a specified period or for an unspecified
period, or
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(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;
1*[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.
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.
CHAP
ABOLITION OF BONDED LABOUR SYSTEM
CHAPTER II
ABOLITION OF BONDED LABOUR SYSTEM
4.
Abolition of bonded labour system.
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.
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1. Added by Act 73 of 1985, s.2.
554
5.
Agreement, custom, etc., to be void.
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 dependant of such person, is required to do
any work or render any service as a bonded labourer, shall be void and
inoperative.
CHAP
EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT
CHAPTER III
EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT
6.
Liability to repay bonded debt to stand extinguished.
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 as remains
unsatisfied immediately before such commencement, shall be deemed to
have been extinguished.
(2) After the commencement of this Act, no suit or other
proceeding shall lie in any civil court 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 dependant 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.
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(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 limits 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
proclamaation 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.
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 incumbrances 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 incumbrances, and where any
such property was, immediately before the commmencement of this Act,
in the possession of the mortgagee or the holder of the charge, lien
or incumbrance, such property shall (except where it was subject to
any other charge), 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 mortgagee or holder of the lien, charge or
incumbrance, 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.
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8.
Freed bonded labourer not to be evicted from homestead, etc.
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 early 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.
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.
CHAP
IMPLEMENTING AUTHORITIES
CHAPTER IV
IMPLEMENTING AUTHORITIES
10.
Authorities who may be specified for implementing the provisions of
this Act.
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.
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.
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
557
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 the enforcement of such forced
labour.
CHAP
VIGILANCE COMMITTEES
CHAPTER V
VIGILANCE COMMITTEES
13.
Vigilance Committees.
13. Vigilance Committees.- (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;
558
(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
merely by reason of any defect in the constitution, or in the
proceedings, of the Vigilance Committee.
14.
Functions of Vigilance Committees.
14. Functions of Vigilance Committees.- (1) The functions of each
Vigilance Committee shall be,--
(a) to advise the District Magistrate or any officer
authorised by him as to the efforts made, and action
taken, to ensure that the provisions of this Act or of
any rule made thereunder are properly implemented;
(b) to provide for the economic and social rehabiliation of
the freed bonded labourers;
(c) to co-ordinate the functions of rural banks and co-
operative societies with a view to canalising adequate
credit to the freed bonded labourer;
(d) to keep an eye on the number of offences of which
cognizance has been taken under this Act;
(e) to make a survey as to whether there is any offence of
which cognizance ought to be taken under this Act;
(f) to defend any suit instituted against a freed bonded
labourer or a member of his family or any other person
dependent on him for the recovery of the whole or part
of any bonded debt or any other debt which is claimed
by such person to be bonded debt.
(2) A Vigilance Committee may authorise one of its members to
defend a suit against a freed bonded labourer and the member so
authorised shall be deemed, for the purpose of such suit, to be the
authorised agent of the freed bonded labourer.
15.
Burden of proof.
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.
559
CHAP
OFFENCES AND PROCEDURE FOR TRIAL
CHAPTER VI
OFFENCES AND PROCEDURE FOR TRIAL
16.
Punishment for enforcement of bonded labour.
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.
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.
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 dependant 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.
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 commencment
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.
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 (46 of 1860).
21.
Offences to be tried by Executive Magistrates.
21. Offences to be tried by Executive Magistrates.- (1) The State
Government may confer, on an Executive Magistrates, 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 Magistate, 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.
560
(2) An offence under this Act may be tried summarily by a
Magistrate.
22.
Cognizance of offences.
22. Cognizance of offences.- Every offence under this Act shall be
cognizable and bailable.
23.
Offences by companies.
23. Offences by companies.- (1) Where an offence under this Act
has been committed by a company, every person who, at the time the
offence was committed, was in charge of, and was responsible to, the
company for the 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 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 individuals; and
(b) "director" , in relation to a firm, means a partner in
the firm.
CHAP
MISCELLANEOUS
CHAPTER VII
MISCELLANEOUS
24.
Protection of action taken in good faith.
24. Protection of action taken in good faith.- No suit,
prosecution or other legal proceeding shall lie against any State
Government or 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.
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.
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
561
rules may provide for all or any of the following matters, namely:--
(a) the authority to which application for the restoration
of possesion of property referred to in sub-section
(4), or sub-section (5), of section 6 is to be
submitted in pursuance 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 Committees 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 in session, for a total period of thirty
days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be 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.
27. Repeal and saving.- (1) The Bonded Labour System (Abolition)
Ordinance, 1975 (Ord. 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. |
