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Bonded Labour System Abolition Act, 1976 Chapter III

Title: Extinguishment of Liability to Repay Bonded Debt

State: Central

Year: 1976

.....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 labour, 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.....

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Bonded Labour System Abolition Act, 1976 Section 6

Title: Liability to Repay Bonded Debt to Stand Extinguished

State: Central

Year: 1976

.....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 labour, 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.....

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Bonded Labour System Abolition Act, 1976 Section 17

Title: Punishment for Advancement of Bonded Debt

State: Central

Year: 1976

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.

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Bonded Labour System Abolition Act, 1976 Complete Act

Title: Bonded Labour System Abolition Act, 1976

State: Central

Year: 1976

.....not to be evicted from homestead, etc Section9 - Creditor not to accept payment against extinguished debt Chapter IV Section10 - Authorities who may be specified for implementing the provisions of this Act Section11 - Duty of District Magistrate and other officers to ensure credit Section12 - Duty of District Magistrate and officers authorised by him Chapter V Section13 - Vigilance Committees Section14 - Functions of Vigilance Committees Section15 - Burden of proof Chapter VI Section16 - Punishment for enforcement of bonded labour Section17 - Punishment for advancement of bonded debt Section18 - Punishment for extracting bonded labour under the bonded labour system Section19 - Punishment for omission or failure to restore possession of property to bonded labourers Section20 - Abetment to bean offence Section21 - Offences to be tried by Executive Magistrates Section22 - Cognizance of offences Section23 - Offences by companies Chapter VII Section24 - Protection of action taken in good faith Section25 - Jurisdiction of civil courts barred Section26 - Power to make rules Section27 - Repeal and saving

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Bonded Labour System Abolition Act, 1976 Section 7

Title: Property of Bonded Labourer to Be Freed from Mortgage, Etc.

State: Central

Year: 1976

(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 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 (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 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.

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Bonded Labour System Abolition Act, 1976 Section 9

Title: Creditor Not to Accept Payment Against Extinguished Debt

State: Central

Year: 1976

(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.

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The Bonded Labour System (Abolition) Act, 1976 Complete Act

State: Delhi

Year: 1976

.....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 over-riding effect .- The provisions of this Act shall have effect notwithstanding anything in consistent 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 any 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. COMMENTS 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,.....

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Bonded Labour System (Abolition) Act, 1976 Complete Act

State: Central

Year: 1976

.....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. SECTION 03: 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 02: ABOLITION OF BONDED LABOUR SYSTEM SECTION 04: 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. SECTION 05: 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.....

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The Bonded Labour System (Abolition) Act, 1976 Complete Act

State: Punjab

Year: 1976

.....normally paid, for the same or similar labour, to the labourers 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-- 1 Inserted by Act 73 of 1985 (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. 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.....

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Bonded Labour System (Abolition) Act, 1976 Complete Act

State: Meghalaya

Year: 1976

.....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. 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. 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.....

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