BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992
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THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 (III of 1992)
TEXT 1THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 (III of 1992) [17th March, 1992] An Act to provide for abolition of bonded labour system
WHEREAS clause (2) of Article 11 of the Constitution of the Islamic Republic of Pakistan prohibits all forms of forced labour;
AND WHEREAS it is necessary to provide for abolition of bonded labour system with a view to preventing the economic and physical exploitation of the labour class in the country and for matters connected therewith or incidental thereto; It is hereby enacted as follows:–
Section 1. Short title, extent and commencement
(1) This Act may be called the Bonded Labour System (Abolition) Act, 1992.
(2) It extends to the whole of 2[the Punjab].
(3) It shall come into force at once.
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context,–
(a) "advance (peshgi)" means an advance (peshgi), 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 to as the debtor);
(b) "bonded debt" means an advance (peshgi) obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of, the bonded labour system;
(c) "bonded labour" means any labour or service rendered under the bonded labour system;
(d) "bonded labourer” means a labour who incurs, or has, or is presumed to have, incurred, a bonded debt;
(e) "bonded labour system" means 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,–
(i) in consideration of an advance (peshgi) obtained by him or by any of the members of his family [whether or not such advance
1This Act of Parliament received the assent of the President on 11 March 1992, and was published in the Gazette of Pakistan, Extraordinary, dated 17 March 1992.For statement of Objects & Reasons, see Gaz. of Pak. Extra.12 Nov. 1992, p. 1421.
2Substituted for the word “Pakistan” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
(peshgi) is evidenced by any document] and in consideration of the interest, if any, due on such advance (peshgi), or
(ii) in pursuance of any customary or social obligation, or
(iii) for any economic consideration received by him or by any of the members of his family;
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 an unspecified period, either without wages or for nominal wages, or
(2) forfeit the freedom of employment or adopting other means of livelihood for a specified period or for an unspecified period, or
(3) forfeit the right to move freely from place to place, or
(4) forfeit the right to appropriate or sell at market value any of his property or product of his labour 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, or has or is presumed to have, entered, into an agreement with the creditor to the effect that, in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor;
(f) "family" means,–
(i) in the case of a male bonded labourer, the wife or wives, and in the case of a female bonded labourer, the husband of the bonded labourer; and
(ii) the parents, children, minor brother, and unmarried, divorced or widowed sisters of the bonded labourer wholly dependent on him;
3[(ff) "Government" means Government of the Punjab;]
(g) "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 wages that are normally paid, for the same or similar labour, to the labourers working in the same locality; and
(h) "prescribed" means prescribed by rules made under this Act.
3Inserted by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
Section 3. Act to override other laws, etc
The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.
Section 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 stand freed and discharged from any obligation to render any bonded labour.
(2) No person shall make any advance under, or in pursuance of, the bonded labour system or compel any person to render any bonded labour or other form of forced labour.
Section 5. Agreement, custom, etc., to be void
Any custom or tradition or practice 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 his family, is required to do any work or render any service as a bonded labourer, shall be void and inoperative.
Section 6. Liability to repay bonded debt to stand extinguished
(1) On the commencement of this Act, every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains unsatisfied immediately before such commencement, shall stand extinguished.
(2) After the commencement of this Act, no suit or other proceeding shall lie in any civil court, tribunal or before any other authority for the recovery of any bonded debt or any part thereof.
(3) Every decree or order for the recovery of bonded debt, passed before the commencement of this Act and not fully satisfied before such commencement, shall be deemed, on such commencement, to have been fully satisfied.
(4) Where, before the commencement of this Act, possession of any property belonging to a bonded labourer or a member of his family was forcibly taken by any creditor for the recovery of any bonded debt, such property shall be restored, within ninety days of such commencement, to the possession of the person from whom it was seized.
(5) Every attachment made before the commencement of this Act for the recovery of any bonded debt shall, on such commencement, stand vacated; and, where, in pursuance of such attachment, any movable property of the bonded labourer was seized and removed from his custody and kept in the custody of any court, tribunal or other authority pending sale thereof, such movable property shall be restored, within ninety days of such commencement, to the possession of the bonded labourer:
Provided 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.
(6) Subject to the proviso to sub-section (5), any sale, transfer or assignment of any property of a bonded labourer made in any manner whatsoever before the commencement of this Act for recovery of bonded debt shall not be deemed to have created or transferred any right, or interest in or encumbrance upon
any such property and such property shall be restored, within ninety days of such commencement, to the possession of the bonded labourer.
(7) If restoration of the possession of any property referred to in sub- section (4) or sub-section (5) or sub-section (6) is not made within ninety days from the commencement of this Act, the aggrieved person may, within such time as may be prescribed, apply to the prescribed authority for the restoration of the possession of such property and the prescribed authority may, after giving the creditor a reasonable opportunity of being heard, direct the creditor to restore to the applicant the possession of the said property within such time as may be specified in the
order.
(8) An order made by any prescribed authority under sub-section (7) 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.
(9) Where any suit or proceeding for the enforcement of any obligation under the bonded labour system, including a suit or proceeding for the recovery of any advance (peshgi) made to a bonded labourer, is pending at the commencement of this Act, such suit or other proceeding shall, on such commencement, stand dismissed.
(10) On the commencement of this Act, every bonded labourer who has been detained in civil prison, whether before or after judgment, shall be released from detention forthwith.
Section 7. Property of bonded labour to be freed from mortgage, etc
(1) All property vested in a bonded labourer which was, immediately before the commencement of this Act, under any mortgage, charge, lien or other encumbrance 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 encumbrance; 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 encumbrance, 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 encumbrance, 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.
Section 8. Creditor not to accept payment against extinguished debt
(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, or with fine which shall not be less than fifteen thousand rupees, or with both.
(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 such 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.
Section 9. Authorities who may be specified for implementing the provisions of this Act
The 4[* * * *] Government may confer such powers and impose such duties on a 5[District Coordination Officer] as may be necessary to ensure that the provisions of this Act are properly carried out and the 6[District Coordination Officer] may designate an officer subordinate to him to exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and specify the local limits within which such powers or duties shall be carried out by such officer.
Section 10. Duty of 7[District Coordination Officer] and other officers designated by him
(1) The 8[District Coordination Officer] authorised by the 9[* * * *] Government under section 9, and the officer designated by the 10[District Coordination Officer] under that section, shall, as far as practicable, try to promote the welfare of the freed bonded 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.
(2) It shall be the duty of every 11[District Coordination Officer] and every officer designated by him under section 9 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 implement the provisions of this
Act.
Section 11. Punishment for enforcement of bonded labour
Whoever, after the commencement of this Act compels any person to render any bonded labour shall be punishable with imprisonment for a term which shall not be less than two years nor more than five years, or with fine which shall not be less than fifty thousand rupees, or with both.
4Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
5Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
6Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
7Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
8Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
9Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
10Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
11Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
Section 12. Punishment for extracting bonded labour under the bonded labour system
Whoever enforces, after the commencement of this Act any custom, tradition, practice, contract, agreement or other instrument, by virtue of which any person or any member of his family is required to render any service under the bonded labour system, shall be punishable with imprisonment for a term which shall not be less than two years nor more than five years or with fine which shall not be less than 12[three hundred and fifty] thousands rupees, or with both; and out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of not less than fifty rupees for each day for which bonded labour was extracted from him.
Section 13. Punishment for omission or failure to restore possession of property to, bonded labourer
Whoever, being required by this Act to restore any property to the possession of any bonded labour, omits or fails to do so, within a period of ninety days from the commencement of this Act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to 13[five] thousand rupees, or with both; and out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of 14[one hundred] rupees for each day during which possession of the property was not restored to him.
Section 14. Abetment to be an offence
Whoever abets any offence punishable under this Act shall, whether or not the offence abetted is committed, be punishable with the same punishment as is provided for the offence which has been abetted. Explanation.– For the purpose of this section, "abetment" has the same meaning as is assigned to it in the Pakistan Penal Code (Act XLV of 1860).
Section 15. Vigilance Committees
(1) Vigilance Committees shall be set up at the District level in the prescribed manner, consisting, of elected representatives of the area, representatives of the District Administration, Bar associations, Press, recognized Social Services and 15[Labour Department of the Government].
(2) The following shall be the functions of the Vigilance Committees, namely:–
(a) to advise the District Administration on matters relating to the effective implementation of the law and to ensure its implementation in a proper manner;
(b) to help in the rehabilitation of the freed boned labourer;
(c) to keep an eye on the working of the law; and
(d) to provide the bonded labourers such assistance as may be necessary to achieve the objectives of the law.
12Substituted for the word “fifty” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.5; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
13Substituted for the word “one” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
14Substituted for the word “ten” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
15Substituted for the words “Labour Departments of the Federal and Provincial Governments” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.7; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
Section 16. Offences to be tried by the Magistrate
(1) A Magistrate of the first class empowered in this behalf by the 16[* * * *] Government may try any offence under this
Act.
(2) An offence under this Act may be tried summarily.
Section 17. Cognizance of offences
(1) Every offence under this act shall be cognizable and bailable.
Section 18. Offences by companies
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager or other officer of the company, such director, manager or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.– For the purposes of this section,–
(a) "company" means any body corporate, and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 19. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against Government or any officer of the Government for anything which is in good faith done or intended to be done under this Act.
Section 20. Jurisdiction of courts barred
Save as otherwise provided in this Act, no court shall have jurisdiction in respect of any matter to which any provision of this Act applies and no injunction shall be granted by any court in respect of anything which is done or intended to be done under this Act.
Section 21. Power to make rules
The 17[* * * *] Government may, by notification in the official Gazette, make rules for carrying out the purposes of this
Act.
16Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. 17Omitted the word “Federal” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.8; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
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CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Act to override other laws, etc 4. Abolition of bonded labour system 5. Agreement, custom, etc., to be void 6. Liability to repay bonded debt to stand extinguished 7. Property of bonded labour to be freed from mortgage, etc 8. Creditor not to accept payment against extinguished debt 9. Authorities who may be specified for implementing the provisions of this Act 10. Duty of District Magistrate and other officers designated by him 11. Punishment for enforcement of bonded labour 12. Punishment for extracting bonded labour under the bonded labour system 13. Punishment for omission or failure to restore possession of property to , bonded labourer 14. Abetment to be an offence 15. Vigilance Committees 16. Offences to be tried by the Magistrate 17. Cognizance of offences 18. Offences by companies 19. Protection of action taken in good faith 20. Jurisdiction of courts barred 21. Power to make rules
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THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992
(III of 1992)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Act to override other laws, etc
4. Abolition of bonded labour system
5. Agreement, custom, etc., to be void
6. Liability to repay bonded debt to stand extinguished
7. Property of bonded labour to be freed from mortgage, etc
8. Creditor not to accept payment against extinguished debt
9. Authorities who may be specified for implementing the provisions of
this Act
10. Duty of District Magistrate and other officers designated by him
11. Punishment for enforcement of bonded labour
12. Punishment for extracting bonded labour under the bonded labour
system
13. Punishment for omission or failure to restore possession of property to ,
bonded labourer
14. Abetment to be an offence
15. Vigilance Committees
16. Offences to be tried by the Magistrate
17. Cognizance of offences
18. Offences by companies
19. Protection of action taken in good faith
20. Jurisdiction of courts barred
21. Power to make rules
TEXT
1
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992
(III of 1992)
[17th March, 1992]
An
Act
to provide for abolition of bonded labour system
WHEREAS clause (2) of Article 11 of the Constitution of the Islamic Republic
of Pakistan prohibits all forms of forced labour;
AND WHEREAS it is necessary to provide for abolition of bonded labour
system with a view to preventing the economic and physical exploitation of the
labour class in the country and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:–
1. Short title, extent and commencement .– (1) This Act may be called the
Bonded Labour System (Abolition) Act, 1992.
(2) It extends to the whole of
2
[the Punjab].
(3) It shall come into force at once.
2. Definitions.– In this Act, unless there is anything repug nant in the subject or
context,–
(a) "advance (peshgi)" means an advance ( peshgi), 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 to as
the debtor);
(b) "bonded debt" means an advance ( peshgi) obtained, or presumed to
have been obtained, by a bonded labourer under, or in pursuance of,
the bonded labour system;
(c) "bonded labour" means any labour or service rendered under the
bonded labour system;
(d) "bonded labourer” means a labour who incurs, or has, or is presumed
to have, incurred, a bonded debt;
(e) "bonded labour system" means 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,–
(i) in consideration of an advance ( peshgi) obtained by him or by
any of the members of his family [whether or not such adv ance
1This Act of Parliament received the assent of the President on 11 March 1992, and was published in the Gazette of Pakistan,
Extraordinary, dated 17 March 1992.For statement of Objects & Reasons, see Gaz. of Pak. Extra.12 Nov. 1992, p. 1421.
2Substituted for the word “Pakistan” by the Punjab Bonded Labour System (Abolition) ( Amendment) Act 2012 (XXIV of 2012),
w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
(peshgi) is evidenced by any document ] and in consider ation of
the interest, if any, due on such advance (peshgi), or
(ii) in pursuance of any customary or social obligation, or
(iii) for any economic consideration received by him or by any of the
members of his family;
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 an unspecified period , either without wages
or for nominal wages, or
(2) forfeit the freedom of employment or adopting other
means of livelihood for a specified period or for an
unspecified period, or
(3) forfeit the right to move freely from place to place, or
(4) forfeit the right to appropriate or sell at market value any
of his property or product of his labour 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, o r has or is
presumed to have, entered, into an agreement with the
creditor to the effect that, in the event of the failure of the
debtor to repay the debt, he would render the bonded
labour on behalf of the debtor;
(f) "family" means,–
(i) in the case of a male bonded labourer, the wife or wives, and in
the case of a female bonded labourer, the husband of the
bonded labourer; and
(ii) the parents, children, minor brother, and unmarried, divorced or
widowed sisters of the bonded labourer wholly dependent on
him;
3
[(ff) "Government" means Government of the Punjab;]
(g) "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 tim e being in force;
and
(b) where no such minimum wage has been fixed in relation to any
form of labour, the wages that are normally paid, for the same or
similar labour, to the labourers working in the same locality; and
(h) "prescribed" means prescribed by rules made under this Act.
3Inserted by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.3; and
published in the Punjab Gazette (Extraordinary), pages 40169-40170.
3. Act to override other laws, etc .– The provisions of this Act shall have effect
notwithstanding anything contained in any other law for the time being in force or in
any instrument having effect by virtue of any such law.
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
stand freed and discharged from any obligation to render any bonded labour.
(2) No person shall make any advance under, or in pursuance of, the
bonded labour system or compel any person to render any bonded labour or other
form of forced labour.
5. Agreement, custom, etc., to be void.– Any custom or tradition or practice or
any contract, agreement or other in strument, whether entered into or executed
before or after the commencement of this Act, by virtue of which any person, or any
member of his family, is required to do any work or render any service as a bonded
labourer, shall be void and inoperative.
6. Liability to repay bonded debt to stand extinguished .– (1) On the
commencement of this Act, every obligation of a bonded labourer to repay any
bonded debt, or such part of any bonded debt as remains unsatisfied immediately
before such commencement, shall stand extinguished.
(2) After the commencement of this Act, no suit or other proceeding shall
lie in any civil court, tribunal or before any other authority for the recovery of any
bonded debt or any part thereof.
(3) Every decree or order for the recovery of bonded debt, passed before
the commencement of this Act and not fully satisfied before such commencement,
shall be deemed, on such commencement, to have been fully satisfied.
(4) Where, before the commencement of this Act, possession of any
property belonging to a bonded labourer or a member of his family was forcibly taken
by any creditor for the recovery of any bonded debt, such property shall be restored,
within ninety days of such commencement, to the possession of the person from
whom it was seized.
(5) Every attachment made before the commencement of this Act for the
recovery of any bonded debt shall, on such commencement, stand vacated; and,
where, i n pursuance of such attachment, any movable property of the bonded
labourer was seized and removed fro m his custody and kept in the custody of any
court, tribunal or other authority pending sale thereof , such movable property shall
be restored, within ninety days of such commencement, to the possession of the
bonded labourer:
Provided that, where any atta ched 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.
(6) Subject to the proviso to sub -section (5), any sale, transfer or
assignment of any property of a bonded labourer made in any manner whatsoever
before the commencement of this Act for recovery of bonded debt shall not be
deemed to have created or transferred any right, or interest in or encumbrance upon
any such prop erty and such property shall be restored, within ninety da ys of such
commencement, to the possession of the bonded labourer.
(7) If restoration of the possession of any property referred to in sub -
section (4) or sub -section (5) or sub -section (6) is not ma de within ninety days from
the commencement of this Act, the aggrieved person may, within such time as may
be prescribed, apply to the prescribed authority for the restoration of the possession
of such property and the prescribed authority may, after givin g the creditor a
reasonable opportunity of being heard, direct the creditor to restore to the applicant
the possession of the said property within such time as may be specified in the
order.
(8) An order made by any prescribed authority under sub -section (7) 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.
(9) Where any suit or proceeding for the enforcement of any obligation
under the bonded labour system, including a suit or proceeding for the recovery of
any advance (peshgi) made to a bonded labourer, is pending at the commencement
of this Act, such sui t or other proceeding shall, on such commencement, stand
dismissed.
(10) On the commencement of this Act, every bonded labourer who has
been detained in civil prison, whether before or after judgment, shall be released
from detention forthwith.
7. Property of bonded labour to be freed from mortgage, etc .– (1) All
property vested in a bonded labourer which was, immediately before the
commencement of this Act, under any mortgage, charge, lien or other encumbrance
in connection with any bonded debt shall, in s o far as it is relatable to the bonded
debt, stand freed and discharged from such mortgage, charge, lien or other
encumbrance; and where any such property was, immediately before the
commencement of this Act, in the possession of the mortgagee or the holde r of the
charge, lien or encumbrance, 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 encumbrance, 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.
8. Creditor not to accept payment against extinguished debt .– (1) No
creditor shall accept any payment against any bonded debt which has be en
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, or with
fine which shall not be less than fifteen thousand rupees, or with both.
(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 such 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.
9. Authorities who may be specified for implementing the provisions of
this Act .– The
4
[* * * *] Government may confer such powers and impose such
duties on a
5
[District Coordination Officer] as may be necessary to ensure that the
provisions of this Act are properly carried out and the
6
[District Coordination Officer]
may designate an officer subordinate to him to exercise all or any of the powers, and
perform all or any of the duties, so conferred or imposed and specify the local limits
within which such powers or duties shall be carried out by such officer.
10. Duty of
7
[District Coordination Officer] and other officers designated by
him.– (1) The
8
[District Coordination Officer] authorised by the
9
[* * * *] Government
under section 9, and the officer designated by the
10
[District Coordination Officer]
under that section, shall, as far as practicable, try to promote the welfare of the freed
bonded 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.
(2) It shall be the duty of e very
11
[District Coordination Officer] and every
officer designated by him under section 9 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 implemen t the provisions of this
Act.
11. Punishment for enforcement of bonded labour .– Whoever, after the
commencement of this Act compels any person to render any bonded labour shall be
punishable with imprisonment for a term which shall not be less than two yea rs nor
more than five years, or with fine which shall not be less than fifty thousand rupees,
or with both.
4Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
5Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV
of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
6Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Aboli tion) (Amendment) Act 2012 (XXIV
of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
7Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV
of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
8Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV
of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
9Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
10Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV
of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
11Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV
of 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
12. Punishment for extracting bonded labour under the bonded labour
system.– Whoever enforces, after the commencement of this Act any custom,
tradition, practice, contract, agreement or other instrument, by virtue of which any
person or any member of his family is required to render any service under the
bonded labour system, shall be punishable with imprisonment for a term which shall
not be less tha n two years nor more than five years or with fine which shall not be
less than
12
[three hundred and fifty] thousands rupees, or with both; and out of the
fine, if recovered, payment shall be made to the bonded labourer at the rate of not
less than fifty rupees for each day for which bonded labour was extracted from him.
13. Punishment for omission or failure to restore possession of property to ,
bonded labourer.– Whoever, being required by this Act to restore any property to
the possession of any bonded labour, omits or fails to do so, within a period of ninety
days from the commencement of this Act shall be punishable with imprisonment for a
term which may extend to one year, or with fine which may extend to
13
[five] thousand
rupees, or with both; and out of the fine, if recovered, payment shall be made to the
bonded labourer at the rate of
14
[one hundred] rupees for each day during which
possession of the property was not restored to him.
14. Abetment to be an offence .– Whoever abets any offence punishable und er
this Act shall, whether or not the offence abetted is committed, be punishable with
the same punishment as is provided for the offence which has been abetted.
Explanation.– For the purpose of this section, "abetment" has the same meaning as
is assigned to it in the Pakistan Penal Code (Act XLV of 1860).
15. Vigilance Committees.– (1) Vigilance Committees shall be set up at the
District level in the prescribed manner, consisting, of elected representatives of the
area, representatives of the District Admi nistration, Bar associations, Press,
recognized Social Services and
15
[Labour Department of the Government].
(2) The following shall be the functions of the Vigilance Committees,
namely:–
(a) to advise the District Administration on matters relating to the effective
implementation of the law and to ensure its implementation in a proper
manner;
(b) to help in the rehabilitation of the freed boned labourer;
(c) to keep an eye on the working of the law; and
(d) to provide the bonded labourers such assistance a s may be necessary
to achieve the objectives of the law.
12Substituted for the word “fifty” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.5; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
13Substituted for the word “one” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
14Substituted for the word “ten” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
15Substituted for the words “Labour Departments of the Federal and Provincial Government s” by the Punjab Bonded Labour
System (Abolition) (Amendment) Act 2012 (XXIV of 2012) , w.e.f. 11.2.2012 , s.7 ; and published in the Punjab Gazette
(Extraordinary), pages 40169-40170.
16. Offences to be tried by the Magistrate .– (1) A Magistrate of the first class
empowered in this behalf by the
16
[* * * *] Government may try any offence under this
Act.
(2) An offence under this Act may be tried summarily.
17. Cognizance of offences .– (1) Every offence under this act shall be
cognizable and bailable.
18. Offences by companies .– (1) Where an offence under this Act has been
committed by a company, every person who, at the time the off ence was committed,
was in charge of, and was responsible to, the company for the conduct of the
business of the company, as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished accordingly.
(2) Notwithstanding anything contained in sub -section (1), where any
offence under this Act, has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable to,
any neglect on the part of any director, manager or other officer of the company,
such director, manager or other officer shall be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation.– For the purposes of this section,–
(a) "company" means a ny body corporate, and includes a firm or other
association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
19. Protection of action taken in good faith .– No suit, prosecution or o ther
legal proceeding shall lie against Government or any of ficer of the Government for
anything which is in good faith done or intended to be done under this Act.
20. Jurisdiction of courts barred.– Save as otherwise provided in this Act, no
court shall have jurisdiction in respect of any matter to which any provision of this Act
applies and no injunction shall be granted by any court in respect of anything which
is done or intended to be done under this Act.
21. Power to make rules.– The
17
[* * * *] Government may , by
notification in the official Gazette, make rules for carryi ng out the purposes of this
Act.
16Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f.
11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.
17Omitted the word “Federal” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012) , w.e.f.
11.2.2012, s.8; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.This law in the library
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Section 9
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istrict Coordination Officer] and other officers designated by him.– (1) The 8 [District Coordination Officer] authorised by the 9 [* * * *] Government under section 9, and the officer designated by the 10 [District Coordination Officer] under that section, shall, as far as practicable, try to promote the welfare of the freed bonded labourer by securing and protecting the economic inter
Section 9
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or reason to contract any further bonded debt. (2) It shall be the duty of e very 11 [District Coordination Officer] and every officer designated by him under section 9 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
Provisions explicitly cited in other instruments 1
Article 11 of Constitution of the Islamic Republic of Pakistan
Cited by BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992
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HE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 (III of 1992) [17th March, 1992] An Act to provide for abolition of bonded labour system WHEREAS clause (2) of Article 11 of the Constitution of the Islamic Republic of Pakistan prohibits all forms of forced labour; AND WHEREAS it is necessary to provide for abolition of bonded labour system with a view to preventing the economic and physical exploitation of the labour class in the country and f
Target heading · Constitution of the Islamic Republic of Pakistan
11. Slavery, forced labour, etc., prohibited.__ (1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form. (2) All forms of forced labour and traffic in human beings are prohibited. (3) No child below the age of fourteen years shall be engaged in an
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