Object
The
object of the Bonded Labour Act is to abolish the Bonded Labour system
with a view to preventing the economic & physical exploitation of the
weaker sections of the Society.
Who
is Bonded Labour
Under
section 2 (g) of the Bonded Labour System (Abolition) Act, 1976, the term
" bonded labour system " among other things, includes 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 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, labour
or service to the creditor etc.
The
District Magistrate is the authority to ensure the implementation of the
provisions of the Act properly. The District Magistrate may appoint an
officer subordinate to him who shall perform all duties &
exercise powers within the local limits so specified. The State Govt. shall constitute Vigilance
Committees in each District and Sub-Division to advise the District Magistrate
and Sub-Divisional Officer or any Officer authorized by him to ensure that
the provisions of the Act or Rules made thereunder are properly implemented.(section-10,12,13)
What
should a person know about the Act ?
The
District Magistrate & 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 so that he may
not have any occasion to contract any further bonded debt & shall take
such action to eradicate the enforcement of such forced Labour. (section-12)
The
Vigilance Committees shall provide economic & social rehabilitation
of freed bonded labourers, coordinate the functions of rural banks and
cooperative societies for canalizing adequate credit to freed bonded labourers.
(section-13,14)
The
Vigilance Committees shall keep an eye on the number of offences of which
cognizance has been taken, to make survey, to defend any suit instituted
against a freed bonded labourer or a member of his family or dependent
for the recovery of bonded debt. (section-14)
Any
custom or tradition or contract, agreement or other instrument whether
entered into or executed before or after the commencement of the Act by
virtue of which any person or any member of the family or dependent of
the such person, is required to do any work or render any service as a
bonded labourer, is deemed to be void and inoperative. (section-5)
The
Act has also extinguished the liability of the bonded labourer to repay
bonded debt. (section-6)
All
property vested in a bonded labourer which was or is under any mortgage
,charge, lien or other encumbrances in connection with any bonded debt
is to stand freed and discharged from such mortgage and is to be restored
to the possession of such bonded labourer. (section-7)
No
person who has been freed & discharged under this Act from any obligation
to render any bonded Labour, is to be evicted from any homestead or other
residential promises which he was occupying immediately before the commencement
of the Act as part of the consideration for the Bonded Labour. (section-8)
If
any such person has been evicted from such homestead or other residential
premises then the same is to be restored as early as practicable to the
possession of such bonded laborer, on the complaint of such bonded laborer.
(section-8)
The
creditors are also forbidden to accept any payment against any bonded debt
which has been extinguished or fully satisfied by virtue of the provisions
of the Act. (section-9)
Whenever
any debt is claimed by a Bonded Labourer or Vigilance committee, the burden
of proof shall lie on the creditor. (section-9)
A
person who is responsible for enforcing bonded labour, advancement of bonded
debt and extracting bonded labour under the bonded labour system, shall
be punishable with imprisonment for a term which may extend to three years
and also with the fine which may extend to two thousand rupees. (section-16to19)
