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  "title": "BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992",
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  "text": "THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 \r\n(III of 1992) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Act to override other laws, etc \r\n4. Abolition of bonded labour system \r\n5. Agreement, custom, etc., to be void \r\n6. Liability to repay bonded debt to stand extinguished \r\n7. Property of bonded labour to be freed from mortgage, etc \r\n8. Creditor not to accept payment against extinguished debt \r\n9. Authorities who may be specified for implementing the provisions of \r\nthis Act \r\n10. Duty of District Magistrate and other officers designated by him \r\n11. Punishment for enforcement of bonded labour \r\n12. Punishment for extracting bonded labour under the bonded labour \r\nsystem \r\n13. Punishment for omission or failure to restore possession of property to , \r\nbonded labourer \r\n14. Abetment to be an offence \r\n15. Vigilance Committees \r\n16. Offences to be tried by the Magistrate \r\n17. Cognizance of offences \r\n18. Offences by companies \r\n19. Protection of action taken in good faith \r\n20. Jurisdiction of courts barred \r\n21. Power to make rules \r\n \r\nTEXT \r\n1\r\nTHE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 \r\n(III of 1992) \r\n[17th March, 1992] \r\nAn \r\nAct \r\nto provide for abolition of bonded labour system \r\n WHEREAS clause (2) of Article 11 of the Constitution of the Islamic Republic \r\nof Pakistan prohibits all forms of forced labour;  \r\n AND WHEREAS  it is necessary to provide for abolition of bonded labour \r\nsystem with a view to preventing the economic and physical exploitation of the \r\nlabour class in the country and for matters connected therewith or incidental thereto;  \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nBonded Labour System (Abolition) Act, 1992.  \r\n(2) It extends to the whole of \r\n2\r\n[the Punjab].  \r\n(3) It shall come into force at once.  \r\n2. Definitions.– In this Act, unless there is anything repug nant in the subject or \r\ncontext,– \r\n(a) \"advance (peshgi)\" means an advance ( peshgi), whether in cash or in \r\nkind, or partly in cash or partly in kind, made by one person (hereinafter \r\nreferred to as the creditor) to another person (hereinafter referred to as \r\nthe debtor); \r\n(b) \"bonded debt\" means an advance ( peshgi) obtained, or presumed to \r\nhave been obtained, by a bonded labourer under, or in pursuance of, \r\nthe bonded labour system; \r\n(c) \"bonded labour\" means any labour or service rendered under the \r\nbonded labour system; \r\n(d) \"bonded labourer” means a labour who incurs, or has, or is presumed \r\nto have, incurred, a bonded debt; \r\n(e) \"bonded labour system\" means the system of forced, or partly forced, \r\nlabour under which a debtor enters, or has, or is presumed to have, \r\nentered into an agreement with the creditor to the effect that,– \r\n(i) in consideration of an advance ( peshgi) obtained by him or by \r\nany of the members of his family [whether or not such adv ance \r\n                                                           \r\n1This Act of Parliament received the assent of the President on 11 March 1992, and was published in the Gazette of Pakistan, \r\nExtraordinary, dated 17 March 1992.For statement of Objects & Reasons, see Gaz. of Pak. Extra.12 Nov. 1992, p. 1421. \r\n2Substituted for the word “Pakistan” by the Punjab Bonded Labour System (Abolition) ( Amendment) Act 2012 (XXIV of 2012), \r\nw.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n(peshgi) is evidenced by any document ] and in consider ation of \r\nthe interest, if any, due on such advance (peshgi), or \r\n(ii) in pursuance of any customary or social obligation, or  \r\n(iii) for any economic consideration received by him or by any of the \r\nmembers of his family;  \r\nhe would– \r\n(1) render, by himself or through any member of his family, \r\nor any person dependent on him, labour or service to the \r\ncreditor, or for the benefit of the creditor, for a specified \r\nperiod or for an unspecified period , either without wages \r\nor for nominal wages, or \r\n(2) forfeit the freedom of employment or adopting other \r\nmeans of livelihood for a specified period or for an \r\nunspecified period, or \r\n(3) forfeit the right to move freely from place to place, or \r\n(4) forfeit the right to appropriate or sell at market value any \r\nof his property or product of his labour or the labour of a \r\nmember of his family  or any person dependent on him , \r\nand includes the system of forced, or partly forced, labour \r\nunder which a surety for a debtor enters, o r has or is \r\npresumed to have, entered, into an agreement with the \r\ncreditor to the effect that, in the event of the failure of the \r\ndebtor to repay the debt, he would render the bonded \r\nlabour on behalf of the debtor; \r\n(f) \"family\" means,– \r\n(i) in the case of a  male bonded labourer, the wife or wives, and in \r\nthe case of a female bonded labourer, the  husband of the \r\nbonded labourer; and \r\n(ii) the parents, children, minor brother, and unmarried, divorced or \r\nwidowed sisters of the bonded labourer wholly dependent on \r\nhim; \r\n \r\n3\r\n[(ff) \"Government\" means Government of the Punjab;] \r\n(g) \"nominal wages\", in relation to any labour, means a wage which is less \r\nthan,– \r\n(a) the minimum wages fixed by the Government, in relation to the \r\nsame or similar labour, under any law for the tim e being in force; \r\nand \r\n(b) where no such minimum wage has been fixed in relation to any \r\nform of labour, the wages that are normally paid, for the same or \r\nsimilar labour, to the labourers working in the same locality; and \r\n(h) \"prescribed\" means prescribed by rules made under this Act. \r\n                                                           \r\n3Inserted by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. 11.2.2012, s.3; and \r\npublished in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n3. Act to override other laws, etc .– The provisions of this Act shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force or in \r\nany instrument having effect by virtue of any such law. \r\n4. Abolition of bonded labour system.– (1) On the commencement of this Act, \r\nthe bonded labour system shall stand abolished and every bonded labourer shall \r\nstand freed and discharged from any obligation to render any bonded labour. \r\n(2) No person shall make any advance under, or in pursuance of, the \r\nbonded labour system or compel any person to render any bonded labour or other \r\nform of forced labour. \r\n5. Agreement, custom, etc., to be void.– Any custom or tradition or practice or \r\nany contract, agreement or other in strument, whether entered into or executed \r\nbefore or after the commencement of this Act, by virtue of which any person, or any \r\nmember of his family, is required to do any work or render any service as a bonded \r\nlabourer, shall be void and inoperative. \r\n6. Liability to repay bonded debt to stand extinguished .– (1) On the \r\ncommencement of this Act, every obligation of a bonded labourer to repay any \r\nbonded debt, or such part  of any bonded debt as remains unsatisfied immediately \r\nbefore such commencement, shall stand extinguished. \r\n(2) After the commencement of this Act, no suit or other proceeding shall \r\nlie in any civil court, tribunal or before any other authority for the recovery of any \r\nbonded debt or any part thereof. \r\n(3) Every decree or order for the recovery of  bonded debt, passed before \r\nthe commencement of this Act and not fully satisfied before such commencement, \r\nshall be deemed, on such commencement, to have been fully satisfied. \r\n(4) Where, before the commencement of this Act, possession of any \r\nproperty belonging to a bonded labourer or a member of his family was forcibly taken \r\nby any creditor for the recovery of any bonded debt, such property shall be restored, \r\nwithin ninety days of such commencement, to the possession of the person from \r\nwhom it was seized. \r\n(5) Every attachment made before the commencement of this Act for the \r\nrecovery of any bonded debt shall, on such commencement, stand vacated; and, \r\nwhere, i n pursuance of such attachment, any movable property of the bonded \r\nlabourer was seized and removed fro m his custody and kept in the custody of any \r\ncourt, tribunal or other authority pending sale thereof , such movable property shall \r\nbe restored, within ninety days of such commencement, to the possession of the \r\nbonded labourer:  \r\nProvided that, where any atta ched property was sold before the \r\ncommencement of this Act, in execution of a decree or order for the recovery of a \r\nbonded debt, such sale shall not be affected by any provision of this Act. \r\n(6) Subject to the proviso to sub -section (5), any sale, transfer  or \r\nassignment of any property of a bonded labourer made in any manner whatsoever \r\nbefore the commencement of this Act for recovery of bonded debt shall not be \r\ndeemed to have created or transferred any right, or interest in or encumbrance upon \r\nany such prop erty and such property shall be restored, within ninety da ys of such \r\ncommencement, to the possession of the bonded labourer. \r\n(7) If restoration of the possession of any property referred to in sub -\r\nsection (4) or sub -section (5) or sub -section (6) is not ma de within ninety days from \r\nthe commencement of this Act, the aggrieved person may, within such time as may \r\nbe prescribed, apply to the prescribed authority for the restoration of the possession \r\nof such property and the prescribed authority may, after givin g the creditor a \r\nreasonable opportunity of being heard, direct the creditor to restore to the applicant \r\nthe possession of the said property within such time as may be specified in the \r\norder. \r\n(8) An order made by any prescribed authority under sub -section (7) shall \r\nbe deemed to be an order made by a civil court and may be executed by the court of \r\nthe lowest pecuniary jurisdiction within the local limits of whose jurisdiction the \r\ncreditor voluntarily resides or carries on business or personally works for gain. \r\n(9) Where any suit or proceeding for the enforcement of any obligation \r\nunder the bonded labour system, including a suit or proceeding for the recovery of \r\nany advance (peshgi) made to a bonded labourer, is pending at the commencement \r\nof this Act, such sui t or other proceeding shall, on such commencement, stand \r\ndismissed. \r\n(10) On the commencement of this Act, every bonded labourer who has \r\nbeen detained in civil prison, whether before or after judgment, shall be released \r\nfrom detention forthwith. \r\n7. Property of bonded labour to be freed from mortgage, etc .– (1) All \r\nproperty vested in a bonded labourer which was, immediately before the \r\ncommencement of this Act, under any mortgage, charge, lien or other encumbrance \r\nin connection with any bonded debt shall, in s o far as it is relatable to the bonded \r\ndebt, stand freed and discharged from such mortgage, charge, lien or other \r\nencumbrance; and where any such property was, immediately before the \r\ncommencement of this Act, in the possession of the mortgagee or the holde r of the \r\ncharge, lien or encumbrance, such property shall, except where it was subject to any \r\nother charge, on such commencement, be restored to the possession of the bonded \r\nlabourer. \r\n(2) If any delay is made in restoring any property referred to in sub -section \r\n(1) to the possession of the bonded labourer, such labourer shall be entitled, on and \r\nfrom the date of such commencement, to recover from the mortgagee or holder of \r\nthe lien, charge or encumbrance, such mesne profits as may be determined by the \r\ncivil court of the lowest pecuniary jurisdiction within the local limits of whose \r\njurisdiction such property is situated. \r\n8. Creditor not to accept payment against extinguished debt .– (1) No \r\ncreditor shall accept any payment against any bonded debt which has be en \r\nextinguished or deemed to have been extinguished or fully satisfied by virtue of the \r\nprovisions of this Act. \r\n(2) Whoever contravenes the provisions of sub -section (1) , shall be \r\npunishable with imprisonment for a term which may extend to three years, or with \r\nfine which shall not be less than fifteen thousand rupees, or with both. \r\n(3) The court convicting any person under sub -section (2) may, in addition \r\nto the penalties which may be imposed under that sub -section, direct such person to \r\ndeposit, in court, the amount accepted in contravention of the provisions of sub -\r\nsection (1), within such period as may be specified in the order, for being refunded to \r\nthe bonded labourer. \r\n9. Authorities who may be specified for implementing the provisions of \r\nthis Act .– The \r\n4\r\n[* * * *] Government may confer such powers and impose such \r\nduties on a \r\n5\r\n[District Coordination Officer] as may be necessary to ensure that the \r\nprovisions of this Act are properly carried out and the \r\n6\r\n[District Coordination Officer]  \r\nmay designate an officer subordinate to him to exercise all or any of the powers, and \r\nperform all or any of the duties, so conferred or imposed and specify the local limits \r\nwithin which such powers or duties shall be carried out by such officer. \r\n10. Duty of \r\n7\r\n[District Coordination Officer] and other officers designated by \r\nhim.– (1) The \r\n8\r\n[District Coordination Officer]  authorised by the \r\n9\r\n[* * * *] Government  \r\nunder section 9, and the officer designated by the \r\n10\r\n[District Coordination Officer]  \r\nunder that section, shall, as far as practicable, try to promote the welfare of the freed \r\nbonded labourer by securing and protecting the economic interests of such bonded \r\nlabourer so that he may not have any occasion or reason to contract any further \r\nbonded debt. \r\n(2) It shall be the duty of e very \r\n11\r\n[District Coordination Officer]  and every \r\nofficer designated by him under section 9 to inquire whether, after the \r\ncommencement of this Act, any bonded labour system or any other form of forced \r\nlabour is being enforced by, or on behalf of, any person resident within the local \r\nlimits of his jurisdiction and if, as a result of such inquiry, any person is found to be \r\nenforcing the bonded labour system or any other system of forced labour, he shall \r\nforthwith take such action as may be necessary to implemen t the provisions of this \r\nAct. \r\n11. Punishment for enforcement of bonded labour .– Whoever, after the \r\ncommencement of this Act compels any person to render any bonded labour shall be \r\npunishable with imprisonment for a term which shall not be less than two yea rs nor \r\nmore than five years, or with fine which shall not be less than fifty thousand rupees, \r\nor with both. \r\n                                                           \r\n4Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. \r\n11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n5Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV \r\nof 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n6Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Aboli tion) (Amendment) Act 2012 (XXIV \r\nof 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n7Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV \r\nof 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n8Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV \r\nof 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n9Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. \r\n11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n10Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV \r\nof 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n11Substituted for the words “District Magistrate” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV \r\nof 2012), w.e.f. 11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n12. Punishment for extracting bonded labour under the bonded labour \r\nsystem.– Whoever enforces, after the commencement of this Act any custom, \r\ntradition, practice, contract, agreement or other instrument, by virtue of which any \r\nperson or any member of his family is required to render any service under the \r\nbonded labour system, shall be punishable with imprisonment for a term which shall \r\nnot be less tha n two years nor more than five years or with fine which shall not be \r\nless than \r\n12\r\n[three hundred and fifty]  thousands rupees, or with both; and out of the \r\nfine, if recovered, payment shall be made to the bonded labourer at the rate of not \r\nless than fifty rupees for each day for which bonded labour was extracted from him. \r\n13. Punishment for omission or failure to restore possession of property to , \r\nbonded labourer.– Whoever, being required by this Act to restore any property to \r\nthe possession of any bonded labour, omits or fails to do so, within a period of ninety \r\ndays from the commencement of this Act shall be punishable with imprisonment for a \r\nterm which may extend to one year, or with fine which may extend to \r\n13\r\n[five] thousand \r\nrupees, or with both; and out of the fine, if recovered, payment shall be made to the \r\nbonded labourer at the rate of \r\n14\r\n[one hundred] rupees for each day during which \r\npossession of the property was not restored to him. \r\n14. Abetment to be an offence .– Whoever abets any offence punishable und er \r\nthis Act shall, whether or not the offence abetted is committed, be punishable with \r\nthe same punishment as is provided for the offence which has been abetted. \r\nExplanation.– For the purpose of this section, \"abetment\" has the same meaning as \r\nis assigned to it in the Pakistan Penal Code (Act XLV of 1860). \r\n15. Vigilance Committees.– (1) Vigilance Committees shall be set up at the \r\nDistrict level in the prescribed manner, consisting, of elected representatives of the \r\narea, representatives of the District Admi nistration, Bar associations, Press, \r\nrecognized Social Services and \r\n15\r\n[Labour Department of the Government]. \r\n(2) The following shall be the functions of the Vigilance Committees, \r\nnamely:– \r\n(a) to advise the District Administration on matters relating to the effective \r\nimplementation of the law and to ensure its implementation in a proper \r\nmanner;  \r\n(b) to help in the rehabilitation of the freed boned labourer; \r\n(c) to keep an eye on the working of the law; and \r\n(d) to provide the bonded labourers such assistance a s may be necessary \r\nto achieve the objectives of the law. \r\n                                                           \r\n12Substituted for the word “fifty” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. \r\n11.2.2012, s.5; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n13Substituted for the word “one” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. \r\n11.2.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n14Substituted for the word “ten” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. \r\n11.2.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n15Substituted for the words “Labour Departments of the Federal and Provincial Government s” by the Punjab Bonded Labour \r\nSystem (Abolition) (Amendment) Act 2012 (XXIV of 2012) , w.e.f. 11.2.2012 , s.7 ; and  published in the Punjab Gazette \r\n(Extraordinary), pages 40169-40170. \r\n16. Offences to be tried by the Magistrate .– (1) A Magistrate of the first class \r\nempowered in this behalf by the \r\n16\r\n[* * * *] Government may try any offence under this \r\nAct. \r\n(2) An offence under this Act may be tried summarily. \r\n17. Cognizance of offences .– (1) Every offence under this act shall be \r\ncognizable and bailable. \r\n18. Offences by companies .– (1) Where an offence under this Act has been \r\ncommitted by a company, every person who, at the time the off ence was committed, \r\nwas in charge of, and was responsible to, the company for the conduct of the \r\nbusiness of the company, as well as the company, shall be deemed to  be guilty of \r\nthe offence and shall be liable to be proceeded against and punished accordingly. \r\n(2) Notwithstanding anything contained in sub -section (1), where any \r\noffence under this Act, has been committed by a company and it is proved that the \r\noffence has been committed with the consent or connivance of, or is attributable to,  \r\nany neglect on the part of  any director, manager or other officer  of the company, \r\nsuch director, manager or other officer shall be deemed to be guilty of that offence \r\nand shall be liable to be proceeded against and punished accordingly. \r\nExplanation.– For the purposes of this section,– \r\n(a) \"company\" means a ny body corporate, and includes a firm or other \r\nassociation of individuals; and \r\n(b) \"director\", in relation to a firm, means a partner in the firm. \r\n19. Protection of action taken in good faith .– No suit, prosecution or o ther \r\nlegal proceeding shall lie against Government or any of ficer of the Government for \r\nanything which is in good faith done or intended to be done under this Act. \r\n20. Jurisdiction of courts barred.– Save as otherwise provided in this Act, no \r\ncourt shall have jurisdiction in respect of any matter to which any provision of this Act \r\napplies and no injunction shall be granted by any court in respect of anything which \r\nis done or intended to be done under this Act. \r\n21. Power to make rules.– The \r\n17\r\n[* * * *] Government may , by \r\nnotification in the official Gazette, make rules for carryi ng out the purposes of this \r\nAct. \r\n                                                           \r\n16Omitted the word “Provincial” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012), w.e.f. \r\n11.2.2012, s.4; and published in the Punjab Gazette (Extraordinary), pages 40169-40170. \r\n17Omitted the word “Federal” by the Punjab Bonded Labour System (Abolition) (Amendment) Act 2012 (XXIV of 2012) , w.e.f. \r\n11.2.2012, s.8; and published in the Punjab Gazette (Extraordinary), pages 40169-40170.",
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