Bonded Labour System (Abolition) Act, 1976
 
 Home Page  Enforcing Labour Law Labour & Employment Acts Central Labour & Employment Acts
Visitor No: 4753049

Bonded Labour System (Abolition) Act, 1976

Print Version  
Last Updated On: 11/02/2014  
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 authorized by the State Government under section10 and the officer specified by the District Magistrate under that section shall, as far as practicable, try to promote the welfare of the freedbonded 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 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.

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 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 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 authorized 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 canalizing 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 authorize  one of  its members to defend a  suit against  a freed  bonded labourer  and  the  member 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.

Page No: 1 2 3 4 5
Accessibility Options  | Disclaimer  | Hyper Linking Policy  | Copyright Policy  | Terms & Conditions  | Privacy Policy