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Section 6

Bonded Labour System (Abolition) Ordinance, 1975Ordinance · 1975

(i) On the commencement of this Ordinance, 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.

Liability to repay bonded debt to Rtand extinguished.

(2) After the commencement of this Ordinance, 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 Ordinance 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 Ordinance, 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 Ordinance, 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 subsection (4) or sub-section (5) is not made within thirty days from the commencement of this Ordinance, 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 conicerned property within such time as may be specified in the order.

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(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 pain.

(8) For the avoidance of doubts, it is hereby declared that, where any attached property was sold before the commencement of this Ordinance, 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 Ordinance:

Provided that the bonded labourer, or an agent authorised by h im in this behalf, may, at any time within five years from such commencement, apply to have the! said 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 mesne 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 Ordinance, such suit or other proceeding shall, on such commencement, stand dismissed.

(10) On the commencement of this Ordinance, every bonded labourer who has been detained in civil prison, whether before or after judgment, shall be released from detention forthwith.

Where this provision sits

ActBonded Labour System (Abolition) Ordinance, 1975
Section6
StatusIn force as published by the source

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