Section 6 of THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
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 be deemed to have been extinguished.
- (2)After the commencement of this Act, no suit or other proceeding shall lie in any civil court 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)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 or other authority pending sale thereof, such movable property shall be restored, as soon as may be practicable after such commencement, to the possession of the bonded labourer.
- (5)Where, before the commencement of this Act, possession of any property belonging to a bonded labourer or a member of his family or other dependant was forcibly taken over by any creditor for the recovery of any bonded debt, such property shall be restored, as soon as may be practicable after such commencement, to the possession of the person from whom it was seized.
- (6)If restoration of the possession of any property referred to in sub-section (4) or sub-section (5) is not made within thirty 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 concerned property within
such time as may be specified in the order.
- (7)An order made by any prescribed authority, under sub-section (6), 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.
- (8)For the avoidance of doubts, it is hereby declared 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:
Provided that the bonded labourer, or an agent authorized by him in this behalf, may, at any time within five years from such commencement, apply to
have the sale set aside on his depositing in court, for payment to the decree-holder,
the amount specified in the proclamation of sale, for the recovery of which the sale
was ordered, less any amount, as well as means profits, which may, since the date of
such proclamation of sale, have been received by the decree-holder.
- (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 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.
Summary
- Every obligation of a bonded labourer to repay their bonded debt is completely extinguished (meaning wiped out or cancelled) as soon as the Act starts.
- No legal case, lawsuit, or recovery action can be filed in any civil court or before any authority to get back any bonded debt.
- Any court decrees, orders, or property attachments made to recover a bonded debt are declared fully satisfied or cancelled, and seized movable property must be returned.
- If a creditor forcibly took a debtor's property before the law started, it must be returned as soon as possible, and if it is not returned within thirty days, the debtor can apply to a government authority for restoration.
- Any pending lawsuits to recover bonded debt are dismissed automatically, and any bonded labourer locked up in a civil prison must be freed immediately.
Practical examples
FAQ
1. What happens to a bonded labourer's debt under this law?
The debt is completely extinguished, which means it is legally wiped out and the debtor does not owe any money or work anymore.
2. Can a creditor file a new lawsuit in a civil court to recover a bonded debt?
No, Section 6(2) states that no suit or other proceeding can be filed in any civil court or before any other authority for the recovery of any bonded debt.
3. What happens if a lawsuit for recovering a bonded debt was already going on when the law started?
Under Section 6(9), any pending lawsuit or proceeding for the recovery of a bonded debt is automatically dismissed.
4. What can a debtor do if their property was forcibly taken by a creditor and is not returned within thirty days?
Under Section 6(6), the debtor can apply to the prescribed authority, which can order the creditor to restore the property after giving them a chance to be heard.
5. If property was already sold before October 25, 1975 to recover a debt, can the debtor get it back?
Yes, under Section 6(8), the debtor or their agent has five years to apply to set aside the sale by depositing the original sale amount in court, minus any money or profits the buyer made from the property.
Test yourself
Q1.Under Section 6 of The Bonded Labour System (Abolition) Act, 1976, what happens to a bonded labourer's obligation to repay their bonded debt when the law begins?
Q2.Under Section 6 of The Bonded Labour System (Abolition) Act, 1976, if a creditor has a pending court case to recover a bonded debt when the Act starts, what is the fate of that case?
Q3.Under Section 6 of The Bonded Labour System (Abolition) Act, 1976, what is the time limit for an aggrieved person to apply for the restoration of property that was not returned within thirty days?
Q4.Under Section 6 of The Bonded Labour System (Abolition) Act, 1976, what is the status of a bonded labourer who has been detained in a civil prison for a debt when the Act comes into force?
Q5.Under Section 6 of The Bonded Labour System (Abolition) Act, 1976, how long does a bonded labourer have to apply to set aside a property sale that happened before the Act's commencement to recover a bonded debt?
Q6.Under Section 6 of The Bonded Labour System (Abolition) Act, 1976, if a court had already passed a decree (a formal court judgment) for the recovery of a bonded debt before the Act started, what happens to that decree?
Q7.Under Section 6 of The Bonded Labour System (Abolition) Act, 1976, how does this section's debt-extinguishment rule relate to the definition of "bonded debt" in Section 2?