BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

(Act no. 19 of 1976)

PREAMBLE
[Act 19 of 1976 as amenede by Act 73 of 1985]
[9th February, 1976]
An Act to provide for the aboition of bonded abour system !ith a vie! to preventin" the
economic and physica e#poitation of the !ea$er sections of the peope and for matters
connected there!ith or incidenta thereto %e it enacted by &ariament in the '!enty(seventh )ear
of the *epubic of +ndia as foo!s ,
1. SHORT TITLE, ETENT AND COMMENCEMENT. ! -1. 'his Act may be caed the %onded
/abour 0ystem -Aboition. Act, 19761
-2. +t e#tends to the !hoe of +ndia1
-3. +t sha be deemed to have come into force on the 25th day of 3ctober, 19751
". DE#INITIONS1 ( +n this Act, uness the conte#t other!ise re4uires,( -a. 5advance5 means an
advance, !hether in cash or $ind, or party in cash or party in $ind, made by one person
-hereinafter referred to as the creditor. to another person -hereinafter referred to as the debtor.6
-b. 5a"reement5 means an a"reement -!hether !ritten or ora, or party !ritten and party ora.
bet!een a debtor and creditor, and incudes an a"reement providin" for forced abour, the
e#istence of !hich is presumed under any socia custom prevaiin" in the concerned ocaity1
7#panation , 'he e#istence of an a"reement bet!een the debtor and creditor is ordinariy
presumed, under the socia customs, in reation to the foo!in" forms of forced abour, namey ,
Adiyamar, %aramasia, %asahya, %ethu, %ha"ea, 8herumar, 9arru( 9au, :ai, :ari, :ar!ai,
:oya, ;ana, ;eetha, <amiya, <hundit( =undit, <uthia, /a$hari, =un>hi, =at, =unish system, ?it(
=a>oor, &aeru, &adiya, &annayia, 0a"ri, 0an>i, 0an>a!at, 0e!a$, 0e!a$ia, 0eri, @etti6
-c. 5ascendant5 or 5descendant5, in reation to a person beon"in" to a matriarcha society, means
the person !ho corresponds to such e#pression in accordance !ith the a! of succession in force
in such society6
-d. 5bonded debt5 means an advance obtained, or presumed to have been obtained, by a bonded
abourer under, or in pursuance of, the bonded abour system6
-e. 5bonded abour5 means any abour or service rendered under the bonded abour system6
-f. 5bonded abourer5 means a abourer !ho incurs, or has, or is presumed to have, incurred, a
bonded debt6
-". 5bonded abour system5 means the system of forced, or party forced, abour under !hich a
debtor enters, or has, or is presumed to have, entered, into an a"reement !ith the creditor to the
effect that ( -i. in consideration of an advance obtained by him or by any of his inea ascendants
or descendants -!hether or not such advance is evidenced by the document. and in
consideration of the interest, if any, due on such advance, or
-ii. in pursuance of any customary or socia obi"ation, or
-iii. in pursuance of any obi"ation devovin" on him by succession, or
-iv. for any economic consideration received by him or by any of his inea ascendants or
descendants, or
-v. by reason of his birth in any particuar caste or community, he !oud( -1. render, by himsef or
throu"h any member of his famiy, or any person dependent on him, abour or service, to the
creditor, or for the benefit of the creditor, for a specific period or for an unspecified period, either
!ithout !a"es or for nomina !a"es, or
-2. forfeit the freedom of empoyment or other means of iveihood for an specified period or for an
unspecified period, or
-3. forfeit the ri"ht to move freey throu"hout the territory of +ndia, or
-A. forfeit the ri"ht to appropriate or se at mar$et(vaue any of his property or product of his
abour or the abour of a member of his famiy or any person dependent on him1 and incudes the
system of forced, or party forced, abour under !hich a surety for a debtor enters, or has, or is
presumed to have, entered into an a"reement !ith the creditor to the effect that in the event of
the faiure of the debtor to repay the debt, he !oud render the bonded abour on behaf of the
debtor6
7#panation , For the remova of doubts, it is hereby decared that any system of forced, or party
forced abour under !hich any !or$man bein" contract abour as defined in cause -b. of sub(
section -1. of 0ection 2 of the 8ontract /abour -*e"uation and Aboition. Act, 197B -37 of 197B.,
or an inter(0tate mi"rant !or$man as defined in cause -e. of sub(section -1. of 0ection 2 of the
+nter(0tate =i"rant Cor$men -*e"uation of 7mpoyment and 8onditions of 0ervice. Act, 1979
-3B of 1979., is re4uired to render abour or service in circumstances of the nature mentioned in
sub(cause -1. of this cause or is sub>ected to a or any of the disabiities referred to in sub(
causes -2. to -A., is Dbonded abour systemD !ithin the meanin" of this cause1
-h. 5famiy5, in reation to a person, incudes the ascendant and descendant of such person6
-i. 5nomina !a"es5, in reation to any abour, means a !a"e !hich is ess than,( -a. the minimum
!a"es fi#ed by the 9overnment, in reation to the same or simiar abour, under any a! for the
time bein" in force 6 and
-b. !here no such minimum !a"e has been fi#ed in reation to any form of abour, the !a"es that
are normay paid, for the same or simiar abour, to the abourers !or$in" in the same ocaity6
->. 5prescribed5 means prescribed by rues made under this Act1
$. ACT TO HA%E O%ERRIDIN& E##ECT. ( 'he provisions of this Act sha have effect
not!ithstandin" anythin" inconsistent there!ith contained in any enactment other than this Act, or
in any instrument havin" effect by virtue of any enactment other than this Act1
'. ABOLITION O# BONDED LABOUR SYSTEM. ( -1. 3n the commencement of this Act, the
bonded abour system sha stand aboished and every bonded abourer sha, on such
commencement, stand freed and dischar"ed from any obi"ation to render, any bonded abour1
-2. After the commencement of this Act, no person sha( -a. ma$e any advance under, or in
pursuance of, the bonded abour system, or
-b. compe any person to render any bonded abour or other form of forced abour1
(. A&REEMENT, CUSTOM ETC., TO BE %OID. ( 3n the commencement of this Act, any custom
or tradition or any contract, a"reement or other instrument -!hether entered into or e#ecuted
before or after the commencement of this Act,. by virtue of !hich any person, or any member of
the famiy or dependent of such person, is re4uired to do any !or$ or render any service as a
bonded abourer, sha be void and inoperative1
6. LIABILITY TO REPAY BONDED DEBT TO STAND ETIN&UISHED. ( -1. 3n the
commencement of this Act, every obi"ation of a bonded abourer to repay any bonded debt, or
such part of any bonded debt unsatisfied immediatey before such commencement, sha be
deemed to have been e#tin"uished1
-2. After the commencement of this Act, no suit or other proceedin"s sha ie in any civi or before
any other authority for the recovery of any bonded debt or any part thereof1
-3. 7very decree or order for the recovery of bonded debt, passed before the commencement of
this Act and not fuy satisfied before such commencement, sha be deemed, on such
commencement, to have been fuy satisfied1
-A. 7very attachment made before the commencement of this Act, for the recovery of any bonded
debt, sha, on such commencement, stand vacated6 and, !here, in pursuance of such
attachment, any movabe property of the bonded abourer !as seiEed and removed from his
custody and $ept in the custody of any court or other authority pendin" sae thereof, such
movabe property sha be restored, as soon as may be practicabe after such commencement, to
the possession of the bonded abourer1
-5. Chere, before the commencement of this Act, possession of any property beon"in" to a
bonded abourer or a member of his famiy or other dependent !as forciby ta$en over by any
creditor for the recovery of any bonded debt, such property sha be restored, as soon as may be
practicabe after such commencement, to the possession of the person from !hom it !as seiEed1
-6. +f restoration of the possession of any property referred to in sub(section -A. or sub(section -5.
is not made !ithin thirty days from the commencement of this Act, the a""rieved person may,
!ithin such time as may be prescribed, appy to the prescribed authority for the restoration of the
possession of such property and the prescribed authority may, after "ivin" the creditor a
reasonabe opportunity of bein" heard, direct the creditor to restore to the appicant the
possession of the concerned property !ithin such time as may be specified in the order1
-7. An order made by any prescribed authority, under sub(section -6., sha be deemed to be an
order made by a civi court and may be e#ecuted by the court of the o!est pecuniary >urisdiction
!ithin the oca of !hose >urisdiction the creditor vountariy resides or carries on business or
personay !or$s for "ain1
-8. For the avoidance of doubts, it is hereby decared, that !here any attached property !as sod
before the commencement of this Act, in e#ecution of a decree or order for the recovery of a
bonded debt, such sae sha not be affected by any provision of this Act1
&rovided that the bonded abourer, or an a"ent authorised by him in this behaf, may, at any time
!ithin five years from such commencement, appy to have the sae set aside on his depositin" in
court, for payment to the decree(hoder, the amount specified in the procamation of sae, for the
recovery of !hich the sae !as ordered, ess any amount, as !e as mesne profits, !hich may,
since the date of such procamation of sae, have been received by the decree(hoder1
-9. Chere any suit or proceedin", for the enforcement of any obi"ation under the bonded abour
system, incudin" a suit or proceedin" for the recovery of any advance made to a bonded
abourer, is pendin" at the commencement of this Act, such suit or other proceedin" sha, on
such commencement stand dismissed1
-1B. 3n the commencement of this Act, every bonded abourer !ho has been detained in civi
prison, !hether before or after >ud"ment, sha be reeased from detention forth!ith1
7. PROPERTY O# BONDED LABOURER TO BE #REED #ROM MORT&A&E, ETC. ! -1. A
property vested in a bonded abourer !hich !as immediatey before the commencement of this
Act under any mort"a"e, char"e, ien or other encumbrances in connection !ith any bonded debt
sha, in so far as it is reatabe to the bonded debt, stand freed and dischar"ed from such
mort"a"e, char"e, ien or other encumbrances, and !here any such property !as, immediatey
before the commencement of this Act, in the possession of the mort"a"e or the hoder of the
char"e, ien or encumbrance, such property sha -e#cept !here it !as sub>ect to any other
char"es., on such commencement, be restored to the possession of the bonded abourer1
-2. +f any deay is made in restorin" any property, referred to in sub(section -1., to the possession
of the bonded abourer, such abourer sha be entited, on and from the date of such
commencement, to recover from the mort"a"e or hoder of the ien, char"e or encumbrance, such
mesne profits as may be determined by the civi court of the o!est pecuniary >urisdiction !ithin
the oca imits of !hose >urisdiction such property is situated1
). #REED BONDED LABOURER NOT TO BE E%ICTED #ROM HOMESTEAD, ETC. ! -1. ?o
person !ho has been freed and dischar"ed under this Act from any obi"ation to render any
bonded abour, sha be evicted from any homestead or other residentia premises !hich he !as
occupyin" immediatey before the commencement of this Act as part of the consideration for the
bonded abour1
-2. +f, after the commencement of this Act, any such person is evicted by the creditor from any
homestead or other residentia premises, referred to in sub(section -1., the 7#ecutive =a"istrate
in char"e of the 0ub(Fivision !ithin !hich such homestead or residentia premises is situated
sha, as practicabe, restore the bonded abourer to the possession of such homestead or other
residentia premises1
9. CREDITOR NOT TO ACCEPT PAYMENT A&AINST ETIN&UISHED DEBT1 ( -1. ?o creditor
sha accept any payment a"ainst any bonded debt !hich has been e#tin"uished or deemed to
have been e#tin"uished or fuy satisfied by virtue of the provisions of this Act1
-2. Choever contravenes the provisions of sub(section -1., sha be punishabe !ith imprisonment
for a term !hich may e#tend to three years and aso !ith fine1
-3. 'he court, convictin" any person under sub(section -2. may, in addition to the penaties !hich
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., !ithin such period as may be
specified in the order for bein" refunded to the bonded abourer1
1*. AUTHORITIES +HO MAY BE SPECI#IED #OR IMPLEMENTIN& THE PRO%ISIONS O#
THIS ACT. ( 'he 0tate 9overnment may confer such po!ers and impose such duties on a Fistrict
=a"istrate as may be necessary to ensure that the provisions of this Act are propery carried out
and the Fistrict =a"istrate may specify the officer, subordinate to him, !ho sha e#ercise a or
any of the po!ers, and perform a or any of the duties, so conferred or imposed and the oca
imits !ithin !hich such po!ers or duties sha be carried out by the officer so specified1
11. DUTY O# DISTRICT MA&ISTRATE AND OTHER O##ICERS TO ENSURE CREDIT. ! 'he
Fistrict =a"istrate authorised by the 0tate 9overnment under 0ection 1B and the officer specified
by the Fistrict =a"istrate under that section sha, as far as practicabe, try to promote the !efare
of the freed bonded abourer by securin" and protectin" the economic interests of such bonded
abourer so that he may not have any occasion or reason to contract any further bonded debt1
1". DUTY O# DISTRICT MA&ISTRATE AND O##ICERS AUTHORISED BY HIM1 ( +t sha be
the duty of every Fistrict =a"istrate and every officer specified by him under 0ection 1B to in4uire
!hether, after the commencement of this Act, any bonded abour system or any other form of
forced abour is bein" enforced by, or on behaf of, any person resident !ithin the oca imits of
his >urisdiction and if, as a resut of such in4uiry, any person is found to be enforcin" the bonded
abour system or any other system of forced abour, he sha forth!ith ta$e such action as may be
necessary to eradicate of such forced abour1
8omment, !henever it is sho!n that a abourer is made to provide forced abour, the 8ourt !oud
raise a presumption that he is re4uired to do so in consideration of an advance or other economic
consideration received by him and he is therefore a bonded abourer1 'his presumption may be
rebutted by the empoyer and aso by the 0tate 9overnment if it so chooses but uness and unti
satisfactory materia is produced for rebuttin" this presumption, the 8ourt must proceed on the
basis that the abourer is a bonded abourer entited to the benefit of the provisions of the Act1
%andhua =u$ti =orcha, &etitioner v1 Gnion of +ndia and others, *espondents1 A+* 198A
0G&*7=7 83G*' 8B2
1$. %I&ILANCE COMMITTEE. ( -1. 7very 0tate 9overnment sha, by notification in the 3fficia
9aEette, constitute such number of @i"iance 8ommittees in each district and each 0ub(Fivision
as it may thin$ fit1
-2. 7ach @i"iance 8ommittee, constituted for a district, sha consist of the foo!in" members,
namey( -a. the Fistrict =a"istrate, or a person nominated by him, !ho sha be the 8hairman6
-b. three persons beon"in" to the 0chedued 8astes or 0chedued 'ribes and residin" in the
Fistrict, to be nominated by the Fistrict =a"istrate6
-c. t!o socia !or$ers, resident in the district, to be nominated by the Fistrict =a"istrate6
-d. not more than three persons to represent the officia or non( officia a"encies in the district
connected !ith rura deveopment, to be nominated by the 0tate 9overnment6
-e. one person to represent the financia and credit institutions in the district, to be nominated by
the Fistrict =a"istrate6
-3. 7ach @i"iance 8ommittee, constituted for a 0ub(Fivision, sha consist of the foo!in"
members, namey( -a. the 0ub(Fivisiona =a"istrate, or a person nominated by him, !ho sha be
the 8hairman6
-b. three persons beon"in" to the 0chedued 8astes or 0chedued 'ribes and residin" in the
0ub(Fivision, to be nominated by the 0ub(Fivisiona =a"istrate6
-c. t!o socia !or$ers, resident in the 0ub(Fivision to be nominated by the 0ub(Fivisiona
=a"istrate6
-d. not more than three persons to represent the officia or non( officia a"encies in the 0ub(
Fivision connected !ith rura deveopment to be nominated by the Fistrict =a"istrate1
-e. one person to represent the financia and credit institutions in the 0ub(Fivision, to be
nominated by the 0ub(Fivisiona =a"istrate6
-f. one officer specified under 0ection 1B and functionin" in the 0ub(Fivision1
-A. 7ach @i"iance 8ommittee sha re"uate its o!n procedure and secretaria assistance, as
may be necessary, sha be provided by( -a. the Fistrict =a"istrate, in the case of a @i"iance
8ommittee constituted for the district6
-b. the 0ub(Fivisiona =a"istrate, in the case of a @i"iance 8ommittee constituted for the 0ub(
Fivision1
-5. ?o proceedin" of a @i"iance 8ommittee sha be invaid by reason of any defect in the
constitution, or in the proceedin"s, of the @i"iance 8ommittee1
1(. BURDEN O# PROO#. ( Chenever any debt is caimed by a bonded abourer, or a @i"iance
8ommittee, to be a bonded debt, the burden of proof that such debt is not a bonded debt sha ie
on the creditor1
16. PUNISHMENT #OR EN#ORCEMENT O# BONDED LABOUR. ( Choever, after the
commencement of this Act, compes any person to render any bonded abour sha be punishabe
!ith imprisonment for a term !hich may e#tend to three years and aso !ith fine !hich may
e#tend to t!o thousand rupees1
17. PUNISHMENT #OR AD%ANCEMENT O# BONDED DEBT. ( Choever advances, after the
commencement of this Act, any bonded debt sha be punishabe !ith imprisonment for a term
!hich may e#tend to three years and aso !ith fine !hich may e#tend to t!o thousand rupees1
1). PUNISHMENT #OR ETRACTIN& BONDED LABOUR UNDER THE BONDED LABOUR
SYSTEM. ( Choever enforces, after the commencement of this Act, any custom, tradition,
contract, a"reement or other instrument, by virtue of !hich any person or any member of the
famiy of such person or any dependent of such person is re4uired to render any service under
the bonded abour system, sha be punishabe !ith imprisonment for a term !hich may e#tend to
three years and aso !ith fine !hich may e#tend to t!o thousand rupees6 and, out of the fine, if
recovered, payment sha be made to the bonded abourer at the rate of rupees five for each day
for !hich the bonded abour !as e#tracted from him1
19. PUNISHMENT #OR OMISSION OR #AILURE TO RESTORE POSSESSION O#
PROPERTY TO BONDED LABOURERS. ( Choever, bein" re4uired by this Act to restore any
property to the possession of any bonded abourer, omits or fais to do so, !ithin a period of thirty
days from the commencement of this Act, sha be punishabe !ith imprisonment for a term !hich
may e#tend to one year, or !ith fine !hich may e#tend to one thousand rupees, or !ith both6 and,
out of the fine, if recovered, payment sha be made to the bonded abourer at the rate of rupees
five for each day durin" !hich possession of the property !as not restored to him1
"*. ABETMENT TO BE AN O##ENCE. ! Choever abets any offence punishabe under this Act
sha, !hether or not the offence abetted is committed, be punishabe !ith the same punishment
as is provided for the offence !hich has been abetted1
7#panation , For the purpose of this Act, 5abetment5 has the meanin" assi"ned to it in the +ndian
&ena 8ode -A5 of 186B.1
"1. O##ENCES TO BE TRIED BY EECUTI%E MA&ISTRATES. ! -1. 'he 0tate 9overnment
may confer, on an 7#ecutive =a"istrate, the po!ers of a ;udicia =a"istrate of the first cass or of
the second cass for the tria of offences under this Act6 and, on such conferment of po!ers, the
7#ecutive =a"istrate, on !hom the po!ers are so conferred, sha be deemed, for the purposes
of the 8ode of 8rimina &rocedure, 1973 -2 of 197A., to be a ;udicia =a"istrate of the first cass,
or of the second cass, as the case may be1
-2. An offence under this Act may be tried summariy by a =a"istrate1
"". CO&NI,ANCE O# O##ENCES. ( 7very offence under this Act sha be co"niEabe and
baiabe1
"$. O##ENCES BY COMPANIES. ! -1. Chere any offence under this Act has been committed by
a company, every person !ho, at the time the offence !as committed, !as in char"e of, and !as
responsibe to, the company for the conduct of the business of the company, as !e as the
company, sha be deemed to be "uity of the offence and sha be iabe to be proceeded a"ainst
and punished accordin"y1
-2. ?ot!ithstandin" anythin" contained in sub(section -1., !here any offence under this Act has
been committed by a company and it is proved that the offence has been committed !ith the
consent or connivance of, or is attributabe to, any ne"ect on the part of, any director, mana"er,
secretary or other officer of the company, such director, mana"er, secretary or other officer sha
be deemed to be "uity of that offence and sha be iabe to be proceeded a"ainst and punished
accordin"y1
7#panation , For the purposes of this section1( -a. 5company5 means any body corporate and
incudes a firm or other association of individua6 and
-b. 5director5, in reation to a firm, means a partner in the firm1
"'. PROTECTION O# ACTION TA-EN IN &OOD #AITH. ( ?o suit, prosecution or other e"a
proceedin" sha ie a"ainst any officer of the 0tate 9overnment or any member of the @i"iance
8ommittee for anythin" !hich is in "ood faith done or intended to be done under this Act1
"(. .URISDICTION O# CI%IL COURTS BARRED. ( ?o civi court sha have >urisdiction in
respect of any matter to !hich any provision of this Act appies and no in>unction sha be "ranted
by any civi court in respect of anythin" !hich is done or intended to be done by or under this Act1
"6. PO+ER TO MA-E RULES. ( -1. 'he 8entra 9overnment may, by notification in the 3fficia
9aEette, ma$e rues for carryin" out the provisions of this Act1
-2. +n particuar, and !ithout pre>udice to the fore"oin" po!er, such rues may provide for a or
any of the foo!in" matters, namey( -a. the authority to !hich appication for the restoration of
possession of property referred to in sub(section -A., or sub( section -5., of 0ection 6 is to be
submitted of sub(section -6. of that section1
-b. the time !ithin !hich appication for restoration of possession of property is to be made, under
sub(section -6. of 0ection 6, to the prescribed authority6
-c. steps to be ta$en by @i"iance 8ommittee under cause -a. of sub(section -1. of 0ection 1A, to
ensure the impementation of the provisions of this Act or of any rue made thereunder6
-d. any other matter !hich is re4uired to be, or may be, prescribed1
-3. 7very rue made by the 8entra 9overnment under this Act sha be aid, as soon as may be
after it is made, before each :ouse of &ariament !hie it is session, for a tota period of thirty
days !hich maybe comprised in one session or in t!o or more successive sessions, and if,
before the e#piry of the session immediatey foo!in" the session or successive sessions
aforesaid, both :ouses a"ree in ma$in" any modification in the rue of both :ouses a"ree that
the rue shoud not be made, the rue sha thereafter have effect ony in such modified form or be
of no effect, as the case may be6 so, ho!ever, that any such modification or annument sha be
!ithout pre>udice to the vaidity of anythin" previousy done under that rue1
"7. REPEAL AND SA%IN&. ! -1. 'he %onded /abour 0ystem -Aboition. 3rdinance, 1975 -17 of
1975. is hereby repeaed1
-2. ?ot!ithstandin" such repea, anythin" done or any action ta$en under the 3rdinance
-incudin" any notification pubished, direction or nomination made, po!er conferred, duty
imposed or officer specified. sha be deemed to have been done or ta$en under the
correspondin" provisions of this Act1