SectionsParticulars
Preamble
[Act 19 of 1976 as amended by Act 73 of 1985] [9th February, 1976] An Act to provide for the abolition of bonded labor system with a view to preventing the ec...
1Short Title, Extent and Commencement
(1) This Act may be called the Bonded Labor System (Abolition) Act, 1976. (2) It extends to the whole of India. (3) It shall be deemed to have come into force ...
2Definitions
. – 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 b...
3Act 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 inst...
4Abolition of Bonded Labor System
– (1) On the commencement of this Act, the bonded labor system shall stand abolished and every bonded laborer shall, on such commencement, stand freed and di...
5Agreement, 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 t...
6Liability to Repay Bonded debt to Stand Extinguished
– (1) On the commencement of this Act, every obligation of a bonded laborer to repay any bonded debt, or such part of any bonded debt unsatisfied immediately ...
7Property of Bonded Laborer to be freed from Mortgage, Etc.
(1) All property vested in a bonded laborer which was immediately before the commencement of this Act under any mortgage, charge, lien or other encumbrances i...
8Freed Bonded Laborer 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 labor, shall be evicted from any homestead or other ...
9Creditor 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 vir...
10Authorities 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 ar...
11Duty 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, ...
12Duty 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...
13Vigilance Committee
– (1) Every State Government shall, by notification in the Official Gazette, constitute such number of Vigilance Committees in each district and each Sub-Di...
14Functions of Vigilance Committee
(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...
15Burden of Proof
– Whenever any debt is claimed by a bonded laborer, or a Vigilance Committee, to be a bonded debt, the burden of proof that such debt is not a bonded debt sh...
16Punishment for Enforcement of Bonded Labor
– Whoever, after the commencement of this Act, compels any person to render any bonded labor shall be punishable with imprisonment for a term which may exten...
17Punishment 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 ...
18Punishment for Extracting Bonded Labor under the Bonded Labor 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 m...
19Punishment for Omission or Failure to restore possession of Property to bonded Laborers
– Whoever, being required by this Act to restore any property to the possession of any bonded laborer, omits or fails to do so, within a period of thirty da...
20Abetment 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 prov...
21Offences 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 o...
22Cognizance of Offences
– Every offence under this Act shall be cognizable and bailable. ...
23Offences 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 resp...
24Protection 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 w...
25Jurisdiction 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 c...
26Power 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 with...
27Repeal and Savings
(1) The Bonded Labor System (Abolition) Ordinance, 1975 (17 of 1975) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken u...
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