BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

Synopsis
1. Background
2. Aims and objectives
3. Bonded labour under Indian Constitution
4. Features of the Act
5. Definitions
6. Abolition of bonded labour system
a. Abolition
b. Customs etc. are void
7. Extinguishment of repayment of debt
8. Administration/ implementing Authorities
a. District Magistrate
b. Vigilance Committee
9. Offences and Procedures
Background
The phenomenon of bonded labour is a vicious circle where each factor is
responsible for further subjugation and apathy of the bonded labourers. The system
of bonded labour is an outcome of certain categories of indebtedness which have
been prevailing for a long time involving certain economically, exploited, helpless
and weaker sections of the society. The bonded or forced labour system was known
by different names in different parts of the country like Begar, Sagri or Hali, Jeetham
etc. The issue of 'bonded labour' came to the forefront as a national issue when it
was included in the old 20-Point Programme in 1975.
Aims and objectives of the Act
The Bonded labour system abolition act 1976 has been passed 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 for incidental thereto. It was stated in the objects and reasons of the Act
that there still exists in different parts of the country a system of usury under which
the debtor or his descendants or dependents 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 has been
taken by some remote ancestor.
The 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.
Bonded Labour under Indian Constitution.
The Constitution of India guarantees all its citizens-justice, social, economic and
political; freedom of thought, expression, belief, faith and worship; equity of status
and opportunity and fraternity, the dignity of individual and unity of the Nation.
Under Article 23. Prohibition of traffic in human beings and forced labour - Traffic in
human beings and begar and other similar forms of forced labour are prohibited and
any contravention of this provision 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 contravention of the said provisions. Article 23 (1)
expressly takes away the power of the state legislature to make any registration with
regard to bonded labour. Accordingly, the bonded labour System Abolition ordinance
1975 was promulgated by the president in 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 debt were also
extinguished.
People's Union of Democratic Rights V. Union of India
The court held that, "The Union of India, the Delhi Administration and the Delhi
Development Authority cannot escape their obligation to the workmen to ensure
observance of the provisions of various labour law by its contractors and for non-
compliance with the laws by the contractors, the workmen would clearly have a
cause of actions against them as principal employers." The Hon'ble Supreme Court
of India dealt with the expression "other similar form of forced bonded labour"
envisaged in Article 23 of The Constitution of India. The court gave the expression a
wide interpretation to meet the objectives of Article 23. The court held that a person
who has been forced to work as a bonded labour and a person who is forced to work
at a rate lesser than the minimum wage due to his economic compulsion shall be
dealt equally.
Under Article 42. Provision for just and humane conditions of work and maternity
relief - The State shall make provision for securing just and humane conditions of
work and for maternity relief.
Under Article 43. A living wage, etc. for workers - The State shall endeavour to
secure, by suitable legislation or economic organization or in any other way, to all
workers, agricultural, industrial or otherwise, work and living wage, conditions of
work ensuring a decent standard of life and full enjoyment of leisure and social and
cultural opportunities and, in particular, the State shall endeavour to promote cottage
industrial on an individual or co-operative basis in rural areas.
Supreme Court in Public Union for Civil liberties V. state of Tamil Nadu, the question
regarding rehabilitation of bonded labour. Going through the reports of the National
Human Rights Commission and expert group, the supreme court pointed out that the
major issue in regard to bonded labour was their rehabilitation. Therefore the court
issued directions to the state governments and union territories towards achieving
such rehabilitation.
Main Features of the Act
1. The Act prohibits bonded labour system
2. The Act provides that if there is any agreement or instrument for the custom
which requires such bonded labour, it shall stand inoperative after the
commencement of the act.
3. Any liability to repay bonded debt shall stand extinguished.
4. The property of the bonded labour shall stand freed and discharged from
mortgage, charge, lien or other encumbrances and shall be restored to the
possession of the bonded labour.
5. For the compliance of the provisions of the act, it makes provision for the
constitution of vigilance committee in each district and each Sub District.
This Act is a social welfare legislation providing for socio-economic justice to
the weaker section of the society.

Definitions
"Advance" means an advance, whether in cash or in kind or partly in cash or partly in
kind, made by one person (the creditor) to another person the debtor) "Agreement"
means
 a. an agreement (whether written or oral or partly written and partly oral)
b. between a debtor and creditor, and
c. 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 systems mentioned
under the Act.
"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;
"Bonded labour" means any labour or service rendered under the bonded labour
system; "Bonded labourer" means a labourer who incurs, or has, or is presumed to
have, incurred, a bonded debt;
"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, —
1. in consideration of an advance obtained by him or by any of his lineal
ascendants or descendants and in consideration of the interest, if any, due
on such advance, or
2. in pursuance of any customary or social obligation, or
3. in pursuance of an obligation devolving on him by succession, or
4. for any economic consideration received by him or by any of his lineal
ascendants or descendants, or
5. 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 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.
Sannasomannavara Somashekarappa V. Gorappa Rudraswamy
One Mr. Somashekarappa approached the parents of four children and paid some
advance, in return the children had to render service (grazing cattle) for a period of
one year. Food and clothing were provided to the children. Later the children were
afraid and admitted to the school. a case was registered under the bonded labour
abolition act. The court observed that
1. there was no creditor-debtor relationship between the parents at the
employer
2. It was child labour not bonded labour system
3. parents of the children were not compelled obliged to send children
4. The requirement of section 2 (g) was not fulfilled.
ABOLITION OF BONDED LABOUR SYSTEM

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 forms of forced
labour.
On the commencement of the Act, the system of bonded labour is completely
abolished and all the bonded labours became free from the obligation to render
bonded labour. It also prohibited making advance in pursuance of bonded labour
system.
The agreement, custom, etc., to be void. —
On the commencement of this Act, any custom or tradition or any contract,
agreement or other instrument, 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

EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT

Liability to repay the bonded debt to stand extinguished. —

All bonded debts are deemed to be 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.
No suit shall be filed for recovery of bonded debt
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.
Decree or order deemed to be fully satisfied
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, to have been fully satisfied.
Attachment and recovery stand vacated
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.
Property should be restored
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.
Application if the property is not restored
6. If restoration of the possession of any property 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.
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.
Sale of the attached property before the Act will not get affected
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.
Pending suit shall stand dismissed
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 proceedings 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.
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 stand freed and
discharged from such mortgage, charge, lien or other incumbrances, 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
incumbrance, such property shall on such commencement, be restored to the
possession of the bonded labourer.
2. If any delay is made in restoring any property, to the possession of the
bonded labourer, such labourer shall be entitled, 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.
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, 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.
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, in addition to the penalties which may be
imposed, direct the person to deposit the amount accepted, in the court, in the
order for being refunded to the bonded labourer.
IMPLEMENTING AUTHORITIES
Authorities who may be specified for implementing the provisions of this Act.Sec10
The State Government may confer such powers and impose such duties on a District
Magistrate 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.
Duty of District Magistrate and other officers to ensure credit. Sec 11
The District Magistrate authorised and the officer specified by the District Magistrate
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.
Duty of District Magistrate and officers authorised by him. Sec 12
It shall be the duty of every District Magistrate and every officer specified by him 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.
Jai Singh v. State of Punjab
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,

BADHUA MUKTIMORCHA V. UNION OF INDIA,

The Public Interest Litigation was filed before the Supreme Court under Article 32 of
The Constitution of India to issue appropriate directions for the prohibition of Bonded
Labour. The petitioner conducted a survey in stone quarries situated in Faridabad
district. It was found by the petitioner that they were living in substandard conditions.
There were a lot of middlemen who extracted the money from the workmen as
commission.
The court directed the Central Government and the State of Haryana to construct
washrooms, suitable drinking facilities, provide medical kits so as to raise the living
standards of the workmen. The court directed the Central Government to conduct
inspection every fortnight and in case, any workman is found in a distressed
condition, he should be provided medical and legal assistance.
The court went on to observe that, the right to live with human dignity enshrined in
Article 21 derives its life breath from the Directive Principles of State Policy and
particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least,
therefore, it must include protection of the health and strength of workers men and
women, and of the tender age of children against abuse, opportunities and facilities
for children to develop in a healthy manner and in conditions of freedom and dignity,
educational facilities, just and humane conditions of work and maternity relief. These
are the minimum requirements which must exist in order to enable a person to live
with human dignity and no State neither the Central Government nor any State
Government has the right to take any action which will deprive a person of the
enjoyment of these basic essentials.
VIGILANCE COMMITTEES Vigilance Committees Sec 13.
Every State Government shall constitute Vigilance Committees in each district and
each Sub Division as it may think fit.
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.
Constitution of Vigilance Committee
Each Vigilance Committee constituted for a Sub-Division, shall consist of the
following
members, namely: —
1. the Sub-Divisional Magistrate, or a person nominated by him, who shall be the
Chairman;
2. three persons belonging to the Scheduled Castes or Scheduled Tribes and
residing in the Sub-Division, to be nominated by the Sub-Divisional
Magistrate.
3. two social workers, resident in the Sub-Division, to be nominated by the Sub-
Divisional Magistrate;
4. 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;
 5. one person to represent the financial and credit institutions in the Sub-
Division, to be nominated by the Sub-Divisional Magistrate;
6. one officer specified under section 10 and functioning in the Sub-Division
Functions of Vigilance Committees.ec14
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 is 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.
Any member authorized by the vigilante committee will defend the suit against the
freed bonded labourers. They will be deemed as authorized agent of the freed
bonded labourer.
The 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.
OFFENCES AND PROCEDURE FOR TRIAL 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.
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.
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.
The Act also has provision of punishment for omission or failure to restore
possession of property to bonded labourers
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.
Offences to be tried by Executive Magistrates.
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.
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.
Neeraja Choudhary V. State of Madya Pradesh
It was alleged by the petitioner that in spite of the fact that a long time has elapsed,
quite a number of labourers rescued from Faridabad quarries have not been
rehabilitated. It was contended by the petitioner that the State Government was
obligated to overlook the rehabilitation of rescued labourers and rehabilitation of
labourers is necessary so as to ensure Right to Life guaranteed to them under The
Constitution of India, 1950.
The Hon'ble court held that as per the requirements of Article 21 and 23, the bonded
labourers need to be identified, rescued and also rehabilitated. The court highlighted
the importance of rehabilitation observing that in absence of any concrete measures
for rehabilitation of rescued labourers, they would be driven into the state of poverty
and substandard conditions again and it might lead them to the bonded labour
system again.
Recommendations of the Second National Commission on Labour
Bonded Labour System (Abolition) Act, 1976 is not a labour law but only welfare
legislation. While all the other labour laws relate to situations where there is an
employer-employee nexus, this is about the only law where the reverse takes place
i.e., even the existing relation of master- servant is snapped, the affected person
released from bondage and provision sought to be made for his/her rehabilitation.
The Commission regards the implementation of this law by the Ministry of Labour as
appropriate, as it emanates from Article 23 of the Constitution and deals with working
people.
In spite of constitutional and legal provisions to abolish the bonded labour system,
the implementation of the law has been very difficult at the administrative level.
There are many difficult problems involved in eradicating such system. That are -
1. Identifying the bonded labourer
2. The problem of rehabilitation after releasing them from the bondage
A big problem faced in India is the beneficial legislation passed for the welfare of
poor and downtrodden, won't be implemented properly. We always have an
administrative resistance against the implementation of such legislation.
Q 4. Explain the provisions regarding prohibition & abolition of bonded labour.
Abolition of bonded labour system
Sec 4 of the bonded Labour Act deals with Abolition of bonded labour system,
according to sub-sec (1), the bonded labour system shall stand abolished, any &
every bonded labourer shall, on such commencement, stand freed and discharged
from any obligation to render any bonded labour.
According to sub-sec (2) 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. The bonded labour system has been
abolished from 25th October, 1975 and every bonded labourer has been set free
and has been discharged from any obligation to render any bonded labour from this
date. No person is allowed to make an advance under, or in pursuance of the
bonded labour system. No one can compel any person to render any bonded labour
or other form of forced labour.
Sec 5. Agreement, custom, etc., to be void. - On the commencement of this Act, any
custom or tradition or any contract, agreement or other instrument, whether entered
into or executed before or after the commencement of this Act, by virtue of which
any person, or any member of the family or dependent of such person, is required to
do any work or render any service as a bonded labourer, shall be void and
inoperative.
From 25th October, 1975 any custom or tradition or any agreement or other
instrument, whether entered into or executed before or after 25th October, 1975 by
virtue of which any person or any member of his family or dependent is required to
do any work or render any service as a bonded labourer, shall be void and it shall
not be operative. Under section 6 of the Act every obligation of a bonded labourer to
repay any bonded debt have been extinguished no suit or other proceeding shall lie
for the recovery of any such debt. Every decree or order for the recovery of bonded
debt shall be deemed to have been fully satisfied. Every attach made for the
recovery of bonded debt shall stand vacated. If possession of any property
belonging to a bonded labourer or a member of his family or other dependent was
forcibly taken over by any creditor for the recovery of the bonded debt, such property
shall be restored.
Sec 7. Property of bonded labourer to be freed from mortgage, etc.-
(1) All property vested in a bonded labourer which was, immediately before the
commencement of this Act under any mortgage, charge, lien or other encumbrances
in connection with any bonded debt shall, in so far as it is relatable to the bonded
debt, stand freed and discharged from such mortgage, charge, lien or other
encumbrances, and where any such property was, immediately before the
commencement of this Act, in the possession of the 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 subsection (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.
Any property vested in a bonded labourer which was under any mortgage, charge,
lien or other encumbrances in connection with any bonded debt stands freed and
discharged and if the possession of the said property was with the mortgagee or
other holder of the charge, lien or encumbrance will be restored to the possession of
the bonded labourer.
Sec 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.
No person who has been freed and discharged from any obligation to render any
bonded labour will be evicted from any homestead or other residential premises as
part of the consideration for the bonded labour. Sec 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.
No person who has been freed and discharged from any obligation to render any
bonded labour will be evicted from any homestead or other residential premises as
part of the consideration for the bonded labour.
(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 per as may be specified in the order for being refunded to the bonded
labourer.
Q 5. Explain the authorities under the Bonded Labour Act.

Sec 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 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 Subdivision. (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 the proceedings, of the Vigilance Committee.
Sec 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 there under 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 analysing 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 number 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.

Sec 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. The burden of proving that a particular
debt is not a bonded debt will be on the creditor.

Q 13. Discuss the provisions regarding the procedure for trial under the
bonded labour act.
Sec 16. Punishment for enforcement of bonded labour. - any person, 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.
Punishment for compelling any person to render any bonded labour is imprisonment
for three years and a fine of two thousand rupees-
Sec 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.
Sec 18. Punishment for extracting bonded labour under the bonded labour system.-
Whoever enforces after the commencement of this Act, any custom, tradition,
contract, agreement or other instrument, by virtue of which any person or any
member of the family of such person or any dependent of such person is required to
render any service under the bonded labour system, shall be punishable with
imprisonment for a term which may extend to three years and also with fine which
may extend to two thousand rupees; and, out of the fine, if recovered, payment shall
be made to the bonded labourer at the rate of rupees five for each day for which the
bonded labour was extracted from him.
Sec 19. Punishment for omission or failure to restore possession of property to
bonded labourers.-Whoever, being required by this Act to restore any property to the
possession of any bonded labourer, omits or fails to do so, within a period of thirty
days from the commencement of this Act, shall be punishable with imprisonment for
a term which may extend to one year, or with fine which may extend to one thousand
rupees, or with both; and, out of the fine, if recovered, payment shall be made to the
bonded labourer at the rate of rupees five for each day during which possession of
the property was not restored to him ;
Sec 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).
Sec 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.
Sec 22. Cognizance of offences. - Every offence under this Act shall be cognizable
and bailable.
Sec 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 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.
According to S. 25 of the Act, 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.