LexThe BONDED LABOUR (ABOLITION) ACT, 1976
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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 exploi tation of the weaker sections of the
people and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-s eventh Year of the Republic of India as
follows: --
CHAPTER I
PRELIMINARY
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 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 (whe ther written or oral, partly written
and partly oral) between a debtor and creditor and includes an agreement
providing for forced labour, the existen ce 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, Bh agela, Cherumar, Garru-galu, Hali,
Hari, Harwai, Holya, Jana, Jeetha, Kamiya, K hundit-Mundit, Kuthia,
Lakhari, Munjhi, Mat, Munish syst em, 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 w ho corresponds to such expression in
accordance with the law of succession in force in such society;
(d) "bonded debt,” means an advance obt ained, 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, is presumed to
have, incurred, a bonded debt;
(g) "bonded labour system" means the sy stem 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 obt ained by him or by any of his
lineal ascendants or descendants (whe ther or not such advance is
evidenced by any document) and in consideration of the interest, if
any, 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 pa rticular caste or community, he
would--
(1) render, by himself or thr ough 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 em ployment or other means of
livelihood for a 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 appropria te 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
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which a surety for a debtor ente rs, or has, or is presumed to
have, entered, into an agreement with the creditor to the
effect that in the event of the failu re 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-sect ion (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 Workme n (Regulation of Empl oyment and Conditions of
Service) Act, 1979 (30 of 1979), is require d 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 disabiliti es 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 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 ther ewith contained in any enactment other
than this Act, or in any instrument having effect by virtue of any enactment other than
this Act.
CHAPTER II
ABOLITION OF BONDED LABOUR SYSTEM
4. Abolition of bonded labour system.- (1) On the commencement of this Act, the
bonded labour system shall st and 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--
1 Inserted by Act 73 of 1985
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(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, agreem ent or other instrume nt (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.
CHAPTER III
EXTINGUISHMENTS OF LIABILITY TO REPAY BONDED DEBT
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 un satisfied 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 reco very of bonded debt, passed before the
commencement of this Act and not fully sa tisfied before such commencement, shall
be deemed, on such commencement, to have been fully satisfied.
(4) Every attachment made before the commen cement of this Act, for the recovery of
any bonded debt, shall, on such commencement, stand vacated; and, where, in
pursuance of such attachment, any mova ble property of the bonded labourer was
seized and removed from his custody and ke pt in the custody of any court or other
authority pending sale thereof, such movabl e property shall be restored, as soon as
may be practicable after such commenc ement, 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 pract icable after such commencement, to the
possession of the person from whom it was seized.
(6) If restoration of the po ssession 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 ma y be prescribed, apply to the prescribed
authority for the restoration of the possess ion 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 au thority, under sub-secti on (6), shall be
deemed to be an order made by a civil co urt and may be executed by the court of the
lowest pecuniary jurisdiction within the loca l limits of whose juri sdiction the creditor
voluntarily resides or carries on business or personally works for gain.
(8) For the avoidance of doubts, it is he reby 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, su ch sale shall not be affected by any
provision of this Act:
Provided that the bonded labourer, or an agent authorized 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 means 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 laboure r, is pending at the comme ncement 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, im mediately 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 encumb rances, and where any
such property was, immediately before the commencement of this Act, in the
possession of the mortgagee or the holder of the charge, lien or encumbrance, such
property shall (except where it was s ubject 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 pr operty, 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 fr om the mortgagee or holder of the
lien, charge or encumbrance, such mesne profits as may be determined by the
civil court of the lowest pecuniary juri sdiction 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.
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(2) If, after the commencement of this Act, any such person is evicted by the creditor
from any homestead or ot her residential premises, referr ed to in su b-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.- (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 s ub-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 th at sub-section, direct the person to
deposit, in court, the amount accepted in cont ravention of the provisions of sub-
section (1), within such period as may be specified in the order for being refunded
to the bonded labourer.
CHAPTER IV
IMPLEMENTING AUTHORITIES
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 ensu re that the provisions of this Act are
properly carried out and the Di strict Magistrate may sp ecify 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 lo cal 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 authorized 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 bonde d 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 authorized 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 su ch action as may be necessary to eradicate
the enforcement of such forced labour.
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CHAPTER V
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 pe rson nominated by him, who shall be the
Chairman;
(b) three persons belonging to the Sc heduled 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 rura l development, to be nominated
by the State Government;
(e) one person to represent the fina ncial 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 Ma gistrate, or a person nominated by him, who shall
be the Chairman;
(b) three persons belonging to the Sc heduled 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.
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(4) Each Vigilance Committee shall regula te 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 Vigila nce Committee shall be in valid merely by reason of
any defect in the constitution, or in the proceedings, of the Vigilance Committee.
14. Functions of Vigilance Committees.- (1) The functions of each Vigilance
Committee shall be,--
(a) to advise the District Magistrate or any officer authorized 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 rehabilitation of the freed bonded
labourers;
(c) to co-ordinate the functions of ru ral banks and co-operative societies
with a view to canalizing adequate credit to the freed bonded labourer;
(d) to keep an eye on the number of offen ces of which cognizance has
been taken under this Act;
(e) to make a survey as to wh ether 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 othe r 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 authorize one o f i t s m em b e r s t o de f e n d a s u it
against a freed bonded labourer and the me mber so authorized shall be deemed,
for the purpose of such suit, to be the authorized agent of the freed bonded labourer.
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.
CHAPTER VI
OFFENCES AND PROCEDURE FOR TRIAL
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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 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.- 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 peri od 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 (46 of 1860).
21. Offences to be tried by Executive Magistrates.- (1) The State Government may
confer, on an Executive Magistrates, the power s 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 Ma gistrate, 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 Ac t shall be cognizable and
bail able.
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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 res ponsible 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 corpor ate and includes a firm or other
association of individuals; and
(b) "director” in relation to a firm, means a partner in the firm.
CHAPTER VII
MISCELLANEOUS
24. Protection of action taken in good faith. - No suit, prosecution or other legal
proceeding shall lie against any State G overnment 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.- No civil court shall have jurisdiction in
respect of any matter to which any provi sion of this Act app lies 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 applicati on for the restoration of possession 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 applicati on for restoration of possession of
property is to be made, under sub-section (6) of section 6, to the prescribed
authority;
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(c) steps to be taken by Vigilance Committees under clause (a) of sub-
section (1) of section 14, to ensure the implementati on 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 Governme nt 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 th e 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.- (1) The Bonded Labour System (Abolition) Ordinance, 1975
(Ord. 17 of 1975) is hereby repealed.
(2) Notwithstanding such repeal, anythi ng done or any action taken under the
Ordinance (including any notification published, dir ection or nomination made,
power conferred, duty imposed or officer specified) shall be d eemed to have been
done or taken under the corresponding provisions of this Act.