(Bonded Labour System (Abolition) Act, 1976)

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The
Bonded Labour System (Abolition) Act, 19761
(Bonded Labour System (Abolition) Act, 1976)
[Act 19 of 1976 as amended by Act 73 of 1985]
[9th February, 1976]
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
3. Act to have overriding effect
CHAPTER II
ABOLITION OF BONDED LABOUR SYSTEM
4. Abolition of bonded labour system
5. Agreement, custom, etc., to be void
CHAPTER III
EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT
6. Liability to repay bonded debt to stand extinguished
7. Property of bonded labourer to be freed from mortgage, etc
8. Freed bonded labourer not to be evicted from homestead, etc
9. Creditor not to accept payment against extinguished debt
CHAPTER IV
IMPLEMENTING AUTHORITIES
10. Authorities who may be specified for implementing the provisions of this Act
11. Duty of District Magistrate and other officers to ensure credit
12. Duty of District Magistrate and officers authorised by him
CHAPTER V
VIGILANCE COMMITTEE
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13. Vigilance Committees
14. Functions of Vigilance Committees
15. Burden of proof
CHAPTER VI
OFFENCES AND PROCEDURE FOR TRIAL
16. Punishment for enforcement of bonded labour
17. Punishment for advancement of bonded debt
18. Punishment for extracting bonded labour under the bonded labour system
19. Punishment for omission or failure to restore possession of property to bonded

labourers
20. Abetment to be an offence
21. Offences to be tried by Executive Magistrates
22. Cognizance of offences
23. Offences by companies
CHAPTER VII
MISCELLANEOUS
24. Protection of action taken in good faith
25. Jurisdiction of civil courts barred
26. Power to make rules
27. Repeal and saving
———
Bonded Labour System (Abolition) Act, 19761

[Act 19 of 1976 as amended 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:
Statement of Objects and Reasons.—There still exists in different parts of the
country a system of usury under which the debtor or his descendants or dependants
have to work for the creditor without reasonable wages or with no wages in order to
extinguish the debt. At times, several generations work under bondage for the
repayment of a paltry sum which had been taken by some remote ancestor. The
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interest rates are exorbitant and such bondage cannot be interpreted as the result of
any legitimate contract or agreement. The system implies the infringement of the
basic human rights and destruction of the dignity of human labour.
2. Article 23(1) of the Constitution prohibits ‘begar’, and other similar forms of
forced labour and further provides that any contravention of the said prohibition shall
be an offence punishable in accordance with law. Article 35(a)(ii) of the Constitution
not only confers the power on Parliament to provide for punishment for the
contravention of the said provisions of Article 23(1) but expressly takes away the
power of the State Legislature to make any legislation with regard to the said matter.
Accordingly, the Bonded Labour System (Abolition) Ordinance, 1975, was promulgated
by the President on the 24th October, 1975. By the said Ordinance, the bonded labour
system was abolished and the bonded labourers were freed and discharged from any
obligation to render any bonded labour and their bonded debts were also extinguished.
The Ordinance further affords protection to the free bonded labourers from eviction
from their homestead. Contraventions of the provisions of the Ordinance have been
made offences punishable in accordance with law. Provisions for the follow-up
measures and economic rehabilitations of the freed bonded labourers have also been
made in the Ordinance.
3. The Bill seeks to replace the said Ordinance.
Statement of Objects and Reasons of Amending Act 73 of 1985.—The Bonded
Labour System (Abolition) Act, 1976, provides for the abolition of bonded labour
system and for matters connected therewith or incidental thereto. Section 2 of the Act
defines “bonded labour”, “bonded labourer” and “bonded labour system”. Though
these definitions are very clear, doubts have been raised from time to time as to
whether a contract labour or inter-State migrant workman could also come within
these definitions.
The expressions “contract labour” and “inter-State migrant workman” have been
defined in clause (b) of sub-section (1) of Section 2 of the Contract Labour (Regulation
and Abolition) Act, 1970 and clause (e) of sub-section (1) of Section 2 of the Inter-
State Migrant Workman (Regulation of Employment and Conditions of Service) Act,
1979, respectively. It is found many a time that the wages paid to such labourers are
less than the minimum wages prescribed by law and there is also an element of
coercion till the advances are fully re-paid. Yet because of the peculiar conditions of
their employment, these labourers do not get identified as bonded labourers though
they virtually work under the conditions of bondage as envisaged under the Bonded
Labour System (Abolition) Act, 1976, with the result that they continue to remain in
bondage.
With a view to overcome these difficulties, it is proposed to amend clause (g) of
Section 2 of the Bonded Labour System (Abolition) Act, 1976, so as to clarify that the
contract or migrant labourers who are required to render labour or service in
circumstances of the nature mentioned in sub-clause (1) of the said clause or are
subjected to all or any of the disabilities referred to in sub-clauses (2) to (4) thereof,
shall be deemed to be working under “bonded labour system” within the meaning of
the said clause.
The Bill seeks to achieve the aforesaid objects.
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.
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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 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 custom, 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
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 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 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
(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
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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;
2
[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.
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 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.
► Mandatory compliance.—The bonded labourers must be identified and released and on
release they must be suitably rehabilitated. Any failure on the part of the State Government in
implementing the provisions of the Bonded Labour System (Abolition) Act, 1976 would be violative of
Articles 21 and 23 of the Constitution of India. Neeraja Choudhary v. State of M.P., (1984) 3 SCC
243 : 1984 SCC (L&S) 471.
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.
Chapter III
EXTINGUISHMENT 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
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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.
(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 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
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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 mortgagee or the holder of the charge, lien or encumbrance, 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 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 early as practicable, restore the
bonded labourer to the possession of such homestead or other residential premises.
► Rehabilitation of freed bonded labourers.—In Bal Ram v. State of U.P., 1992 Supp (2)
SCC 93 : 1992 SCC (L&S) 653, the Supreme Court directed the authorities to take steps for
formation of co-operative societies, allocation of land, location of homestead for raising new
residential accommodation for the freed bonded labourers.
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.
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 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
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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 the
enforcement of such forced labour.
► Action against violation.—Where family members of petitioners were made to work in
obligation of loan advanced, it was held that it is a clear violation of mandate given under Article 23
of the Constitution and Bonded Labour System (Abolition) Act, 1976. Hence District Magistrate was
directed to take immediate action under Section 12 of the Act. Jai Singh v. State of Punjab, 1996
Lab IC 2404 (P&H) (DB).
Chapter V
VIGILANCE COMMITTEE
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;
(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
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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.—(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 rehabilitation 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.—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
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 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
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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.
► Constitutional validity.—Section 21 of the Act which enables the State Government to
confer on an Executive Magistrate the powers of a Judicial Magistrate of first class or second class
for the trial of the offences under the Act, offends Articles 21, 14 and 50 of the Constitution.
Hanumantsing v. State of Madhya Pradesh, 1996 Lab IC 1310 (MP) (FB).
► Powers of a Judicial Magistrate of first class.—Reading of Section 21 indicates that, the
power to take cognizance and try the offences under the Act is vested with the Judicial Magistrate
First Class and on Executive Magistrate. Upon such conferment of powers, for the purpose of
dealing with the offences under the Act, the Executive Magistrate would be deemed to be the
Judicial Magistrate First Class. Reading of Section does not indicate that, the moment powers of the
Judicial Magistrate First Class is conferred on the Executive Magistrate, the Judicial Magistrate First
Class loses its jurisdiction to take cognizance of the offences under the Act. Shashi Kumar v. State
of Karnataka, 2013 SCC OnLine Kar 9895 : ILR 2013 KAR 5089.
► Brick kiln workers.—Directions issued regarding appalling working conditions of Brick kiln
workers on Intervention application by Mazdoor Union describing poverty stricken condition of
people from districts concerned and manner in which they are exploited by contractors who took
them to various States, Chopping off the Palms of two Migrants, In re, (2015) 17 SCC 217 : (2015)
3 SCC (L&S) 214.
► Public interest litigation.—Public interest litigation has developed as a powerful tool to
espouse the cause of the marginalised and oppressed. Indeed, that was the foundation on which
public interest jurisdiction was judicially recognised in situations such as those in Bandhua Mukti
Morcha v. Union of India [Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161 : 1984 SCC
(L&S) 389]. Persons who were unable to seek access to the judicial process by reason of their
poverty, ignorance or illiteracy are faced with a deprivation of fundamental human rights. Bonded
labour and undertrials (among others) belong to that category. The hallmark of a public interest
petition is that a citizen may approach the court to ventilate the grievance of a person or class of
persons who are unable to pursue their rights. Public interest litigation has been entertained by
relaxing the rules of standing. The essential aspect of the procedure is that the person who moves
the court has no personal interest in the outcome of the proceedings apart from a general standing
as a citizen before the court. This ensures the objectivity of those who pursue the grievance before
the court. Environmental jurisprudence has developed around the rubric of public interest petitions.
Environmental concerns affect the present generation and the future. Principles such as the polluter
pays and the public trust doctrine have evolved during the adjudication of public interest petitions.
Over time, public interest litigation has become a powerful instrument to preserve the rule of law and
to ensure the accountability of and transparency within structures of governance. Public interest
litigation is in that sense a valuable instrument and jurisdictional tool to promote structural due
process, Tehseen Poonawalla v. Union of India, (2018) 6 SCC 72.
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
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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 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 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.—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 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 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 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
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taken under the corresponding provisions of this Act.
———
1.Received the assent of the President on Feb. 9, 1976, published in Gaz. of India, Extra., Pt. II, S. 1, dt. 9th
Feb., 1976, pp. 135-144.
2. Ins. by Act 73 of 1985.
Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/
notification is being circulated on the condition and understanding that the publisher would not be liable in any manner by reason of any mistake
or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.
1950-2020, © EBC Publishing Pvt.Ltd., Lucknow.

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Page 1 Monday, February 15, 2021

1. Short title, extent and commencement

3. Act to have overriding effect

ABOLITION OF BONDED LABOUR SYSTEM

4. Abolition of bonded labour system

5. Agreement, custom, etc., to be void

EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT

6. Liability to repay bonded debt to stand extinguished

7. Property of bonded labourer to be freed from mortgage, etc

8. Freed bonded labourer not to be evicted from homestead, etc

9. Creditor not to accept payment against extinguished debt

11. Duty of District Magistrate and other officers to ensure credit

12. Duty of District Magistrate and officers authorised by him

14. Functions of Vigilance Committees

15. Burden of proof

OFFENCES AND PROCEDURE FOR TRIAL

16. Punishment for enforcement of bonded labour

17. Punishment for advancement of bonded debt

19. Punishment for omission or failure to restore possession of property to bonded

20. Abetment to be an offence

21. Offences to be tried by Executive Magistrates

22. Cognizance of offences

23. Offences by companies

24. Protection of action taken in good faith

25. Jurisdiction of civil courts barred

26. Power to make rules

27. Repeal and saving

Bonded Labour System (Abolition) Act, 19761

1950-2020, © EBC Publishing Pvt.Ltd., Lucknow.

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