(1) This Ordinance may be called the Bonded Labour System (Abolition) Ordinance, 1975.
Short title, extent and commence-(2) It extends to. the whole of India.
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(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In this Ordinance, unless the context otherwise requires,—Definitions,
(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 to as 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 existence of which is presumed under any social custom prevailing in the concerned locality.
Explanation.—The existence of an agreement between the debtor and creditor is ordinarily presumed, under the social custom, in relation to the following forms of forced labour, namely: — Adiyamar, Earamasia, 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, means the person who corresponds to such expression in accordance with the law of succession In force in such society;
(d) "bonded debt" means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance1 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, a bonded debt;
(g) "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 obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or
(ii) in pursuance of any customary or social obligation, or
(iit) 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 or descendants, or SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 683
(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 credit, for a specified period or for an unspecified period, either without wages or for nominal wages, or
(2) forfeit the freedom of employment or other means of livelihood for a specified period or for! 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 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 behalJB of the debtor;
(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 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 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;
(j) "prescribed" means prescribed by rules made under this Ordinance.
3. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Ordinance, or in any instrument having effect by virtue of any enactment other than this Ordinance.
Ordinance to have overriding effect.
CHAPTER II ABOLITION OF BONDED LABOUR SYSTEM