The Bonded Labour System (Abolition) Act, 1976

(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.

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 toas 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 forced labour, the existenceof which is presumed under any social custom prevailing in the concerned locality. Explanation.--The existence of an agreement between the debtor and creditor is ordinarilypresumed, 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, meansthe person who corresponds to such expression in accordance with the law of succession in force insuch society; (d) "bonded debt" means an advance obtained, or presumed to have been obtained, by a bondedlabourer 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, abonded debt; (g) "bonded labour system" means the system of forced, or partly forced, labour under which adebtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effectthat,-- (i) in consideration of an advance obtained by him or by any of his lineal ascendants ordescendants (whether or not such advance is evidenced by any document) and in consideration ofthe interest, if any, due on such advance, or (ii) in pursuance of any customary or social obligation, or (iii) in pursuance of an obligation devolving on him by succession, or (iv) for any economic consideration received by him or by any of his lineal ascendants ordescendants, or (v) by reason of his birth in any particular caste or community, he would-- (1) 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 anunspecified period, either without wages or for nominal wages, or (2) forfeit the freedom of employment or other means of livelihood for a specified period orfor an unspecified period, or (3) forfeit the right to move freely throughout the territory of India, or (4) forfeit the right to appropriate or sell at market value any of his property or product of hislabour 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, orhas, or is presumed to have, entered, into an agreement with the creditor to the effect that in the eventof the failure of the debtor to repay the debt, he would render the bonded labour on behalf of thedebtor. 1[Explanation.--For the removal of doubts, it is hereby declared that any system of forced, or partlyforced labour under which any workman being contract labour as defined in clause (b) of sub-section (1)of section 2 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), or an inter-Statemigrant workman as defined in clause (e) of sub-section (1) of section 2 of the Inter-State MigrantWorkmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), is required torender labour or service in circumstances of the nature mentioned in sub-clause (1) of this clause or issubjected to all or any of the disabilities referred to in sub-clauses (2) to (4), is "bonded labour system"within the meaning of this clause;] (h) "family", in relation to a person, includes the ascendant and descendant of such person; (i) "nominal wages", in relation to any labour, means a wage which is less than,-- (a) the minimum wages fixed by the Government, in relation to the same or similar labour,under any law for the time being in force, and (b) where no such minimum wage has been fixed in relation to any form of labour, the wagesthat are normally paid, for the same or similar labour, to the labourers working in the samelocality;

The prvisions of this Act shall have effect notwithstandinganything inconsistent therewith contained in any enactment other than this Act, or in any instrumenthaving effect by virtue of any enactment other than this Act.

(1) On the commencement of this Act, the bonded laboursystem shall stand abolished and every bonded labourer shall, on such commencement, stand freed anddischarged 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.

On the commencement of this Act, any custom or traditionor any contract, agreement or other instrument (whether entered into or executed before or after thecommencement of this Act), by virtue of which any person, or any member of the family or dependant ofsuch person, is required to do any work or render any service as a bonded labourer, shall be void andinoperative.