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Bonded Labour System (Abolition) Act, 1976
Last Updated On: 11/02/2014
The Act is downloaded from website of Legislative Department, Government of India.
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
ACT NO. 19 OF 1976
[9th February, 1976.]
An Act to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:-
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 (whether written or oral,or partly written and partly oral) between a debtor and creditor and includes an agreement providing for force labour,the existence of which is presumed under any social custom prevailing in the concerned locality.
Explanation.--The existence of an agreement between the debtor and creditor is ordinarily presumed, under the social custom,in relation to the following forms of forced labour, namely:--
Adiyamar , Baramasia , Basahya , Bethu , Bhagela , Cherumar , Garru-galu , Hali,Hari , Harwai , Holya , Jana , Jeetha , Kamiya , Khundit-Mundit , Kuthia , Lakhari , Munjhi , Mat , Munish system , Nit-Majoor , Paleru , Padiyal , Pannayilal , Sagri , Sanji , Sanjawat , Sewak , Sewakia, Seri , Vetti;
(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,--
- In consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance isevidenced by any document) and in consideration of the interest, if any, due on such advance, or
- In pursuance of any customary or social obligation, or
- In pursuance of an obligation devolving on him by succession, or
- For any economic consideration received by him or by any of his lineal ascendants or descendants,or
- By reason of his birth in any particular caste or community,he would:-
- 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
- Forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or
- Forfeit the right to move freely throughout the territory of India, or
- 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;