BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 (III of 1992)

CONTENTS
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Short title, exte t ! " #o$$e #e$e t Defi itio % A#t to o&erri"e other l!'%, et# A(olitio of (o "e" l!(o)r %*%te$ A+ree$e t, #)%to$, et#,, to (e &oi" Li!(ilit* to re-!* (o "e" "e(t to %t! " exti +)i%he" .ro-ert* of (o "e" l!(o)r to (e free" fro$ $ort+!+e, et# Cre"itor ot to !##e-t -!*$e t !+!i %t exti +)i%he" "e(t A)thoritie% 'ho $!* (e %-e#ifie" for i$-le$e ti + the -ro&i%io % of thi% A#t D)t* of "i%tri#t M!+i%tr!te ! " other offi#er% "e%i+ !te" to hi$ .) i%h$e t for e for#e$e t of (o "e" l!(o)r .) i%h$e t for extr!#ti + (o "e" l!(o)r ) "er the (o "e" l!(o)r %*%te$ .) i%h$e t for o$i%%io or f!il)re to re%tore -o%%e%%io of -ro-ert* to (o "e" l!(o)rer A(et$e t to (e ! offe #e /i+il! #e Co$$ittee Offe #e% to (e trie" (* the M!+i%tr!te Co+ i0! #e of offe #e% Offe #e% (* #o$-! ie% .rote#tio or !#tio t!1e i +oo" f!ith 2)ri%"i#tio of Co)rt% (!rre" .o'er to $!1e r)le%

TE3T
BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 (III of 1992)
1

[11th March, 1992]

A A#t to provide for abolition of bonded labour system 4here!% clause (2) of Article 11 of the Constitution of the Islamic Republic of Pakistan prohibits all forms of forced labour. A " 'here!% it is necessary to provide for abolition of bonded labour system ith a vie to preventin! the economic and physical e"ploitation of the labour class in the country and for matters connected there ith or incidental thereto# It is hereby enacted as follo s$ % 1, Short title, exte t ! " #o$$e #e$e t,5 (1) &his Act may be called the 'onded (abour )ystem (Abolition) Act* 1++2. (2) (/) It e"tends to the hole of 2,the Pun-ab.. It shall come into force at once.

2, Defi itio %,5 In this Act* unless there is anythin! repu!nant in the sub-ect or conte"t* % (a) 0advance (pesh!i)0 means an advance (pesh!i) hether 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)# 0bonded debt0 means an advance (pesh!i) obtained* or presumed to have been obtained* by a bonded labourer under* or in pursuance of* the bonded labour system# 0bonded labour0 means any labour or service rendered under the bonded labour system# 0bonded labourer means a labourer have* incurred* a bonded debt# ho incurs* or has* or is presumed to

(b)

(c) (d) (e)

0bonded labour system0 means the system of forced* or partly forced* labour under hich a debtor enters* or has* or is presumed to have* entered into an a!reement ith the creditor to the effect that*% (i) in consideration of an advance (pesh!i) obtained by him or by any of the members of his family , hether or not such advance (pesh!i) is evidenced by any document) and in consideration of the interest* if any* due on such advance (pesh!i)* or in pursuance of any customary or social obli!ation* or

(ii)
1 2

1a2. of Pak.3"tra.Pt.1* 4ay* 15 1++2*p.21.6or statement of 7b-ects 8 Reasons* see 1a2. of Pak. 3"tra.12 9ov. 1++2* p. 1:21. &he ord ;Pakistan< is substituted as the ords ;the Pun-ab< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12).

(iii)

for any economic consideration received by him or by any of the members of his family# he ould (1) render* by himself or throu!h 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 ithout a!es or for nominal a!es or forfeit the freedom of employment or adoptin! other means of livelihood for a specified period or for an unspecified period* or forfeit the ri!ht to move freely from place to place* or forfeit the ri!ht 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 hich a surety for a debtor enters* or has or is presumed to have* entered* into an a!reement ith the creditor to the effect that* in the event of the failure of the debtor to repay the debt* he ould render the bonded labour on behalf of the debtor.

(2)

(/) (:)

(f)

0family0 means* (i) in the case of a male bonded labourer* the ife or ives* and in the case of a female bonded labourer* the husband of the bonded labourer* and the parents* children* minor brother* and unmarried* divorced or ido ed sisters of the bonded labourer holly dependent on him# ;1overnment< means 1overnment of the Pun-ab. a!es0 in relation to any labour* means a a!e hich is less

(ii)
/

(ff)

(!)

0nominal than*% (a)

the minimum a!es fi"ed by the 1overnment* in relation to the same or similar labour* under any la for the time bein! in force# and here no such minimum a!e has been fi"ed in relation to any form of labour* the a!es that are normally paid* for the same or similar labour* to the labourers orkin! in the same locality# and

(b)

(h)

0prescribed0 means prescribed by rules made under this Act.

6, A#t to o&erri"e other l!'%, et#,5 &he provisions of this Act shall have effect not ithstandin! anythin! contained in any other la for the time bein! in force or in any instrument havin! effect by virtue of any such la . 7, A(olitio of (o "e" l!(o)r %*%te$,5 (1) 7n the commencement of this Act* the bonded labour system shall stand abolished and every bonded labourer shall stand freed and dischar!ed from any obli!ation to render any bonded labour.
3

Clause (ff) ;1overnment< means 1overnment of the Pun-ab is inserted by the by the (abour )ystem (Abolition) (Amendment) (==I> of 2?12).

ord ;1overnment< by the Pun-ab 'onded

(2) 9o 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. 8, A+ree$e t, #)%to$, et#,, to (e &oi",5 Any custom or tradition or practice or any contract* a!reement or other instrument* hether entered into or e"ecuted before or after the commencement of this Act* by virtue of hich any person* or any member of his family* is re@uired to do any ork or render any service as a bonded labourer* shall be void and inoperative. 9, Li!(ilit* to re-!* (o "e" "e(t to %t! " exti +)i%he",5 (1) 7n the commencement of this Act* every obli!ation of a bonded labourer to repay bonded debt* or such part* of any bonded debt as remains unsatisfied immediately before such commencement* shall stand e"tin!uished. (2) After the commencement of this Act* no suit or other proceedin! shall lie in any civil court* tribunal or before any other authority for the recovery of any bonded debt or any part thereof. (/) 3very 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. (:) Ahere* before the commencement of this Act* possession of any property belon!in! to a bonded labourer or a member of his family as forcibly taken by any creditor for the recovery of any bonded debt* such property shall be restored* ithin ninety days of such commencement* to the possession of the person from hom it as sei2ed* (B) 3very attachment made before the commencement of this Act for the recovery of any bonded debt shall* on such commencement* stand vacated# and* here* in pursuance of such attachment* any movable property of the bonded labourer as sei2ed and removed from his custody and kept in the custody of any court* tribunal or other authority pendin! sale thereof such movable property shall be restored* ithin ninety days of such commencement* to the possession of the bonded labourer# Provided that* here any attached property as sold before the commencement of this Act* in e"ecution of a decree or order for the recovery of a bonded debt* such sale shall not be affected by any provision of this Act. (C) )ub-ect to the proviso to sub%section (B)* any sale* transfer or assi!nment of any property of a bonded labourer made in any manner hatsoever before the commencement of this Act for recovery of bonded debt shall not be deemed to have created or transferred any ri!ht* or interest in or encumbrance upon any such property and such property shall be* restored* ithin ninety days of such commencement* to the%possession of the bonded labourer. (5) If restoration of the possession of any property referred to in sub%section (:) or sub%section (B) or sub%section%(C) is not made ithin ninety days from the commencement of this Act* the a!!rieved person may* ithin 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 !ivin! the creditor a reasonable opportunity of bein! heard* direct the creditor to restore to the applicant the possession of the said property ithin such time as may be specified in the order.

(D) An order by any prescribed authority under sub%section (5) shall be deemed to be an order made by a civil court and may be e"ecuted by the court of the lo est pecuniary -urisdiction ithin the local limits of hose -urisdiction the creditor voluntarily resides or carries on business or personally orks for !ain. (+) Ahere any suit or proceedin! for the enforcement of any obli!ation under the bonded labour system* includin! a suit or proceedin! for the recovery of any advance (pesh!i) made to a bonded labourer* is pendin! at the commencement of this Act* such suit or other proceedin! shall* on such commencement* stand dismissed. (1?) 7n the commencement of this Act* every bonded labourer ho has been detained in civil prison* hether before or after -ud!ment* shall be released from detention forth ith. :, .ro-ert* of (o "e" l!(o)r to (e free" fro$ $ort+!+e, et#,5 (1) All property vested in a bonded labourer hich as* immediately before the commencement of this Act* under any mort!a!e* char!e* lien or other encumbrance in connection ith any bonded debt shall* in so far as it is relatable to the bonded debt* stand freed and dischar!ed from such mort!a!e* char!e* lien or other encumbrance# and here any such property as* immediately before the commencement of this Act* in the possession of the mort!a!ee or the holder of the char!e* lien or encumbrance* such property shall* e"cept here it as sub-ect to any other char!e* on such commencement* be restored to the possession of the bonded labourer. (2) If any delay is made in restorin! any property referred to in sub%section (1) to the possession of the bonded labourer* such labourer shall be entitled* on and from the date of such commencement* to recover from the mort!a!ee or holder of the lien* char!e or encumbrance* such monetary benefits as may be determined by the civil court of the lo est pecuniary -urisdiction ithin the local limits of hose -urisdiction such property is situated. ;, Cre"itor ot to !##e-t -!*$e t !+!i %t exti +)i%he" "e(t,5 (1) 9o creditor shall accept any payment a!ainst any bonded debt hich has been e"tin!uished or deemed to have been e"tin!uished or fully satisfied by virtue of the provisions of this Act. (2) Ahoever contravenes the provisions of sub%section (1) shall be punishable ith imprisonment for a term* hich may e"tend to three years* or ith fine* hich shall not be less than fifteen thousand rupees* or ith both. (/) &he court convictin! any person under sub%section (2) may* in addition to the penalties hich 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)* ithin such period as may be specified in the order for bein! refunded to the bonded labourer. 9, A)thoritie% 'ho $!* (e %-e#ifie" for i$-le$e ti + the -ro&i%io % of thi% A#t,5 &he :,EEEE. 1overnment may confer such po ers and impose such duties on a B ,Fistrict Coordination 7fficer. as may be necessary to ensure that the provisions of this Act are properly carried% out and the C,Fistrict Coordination 7fficer. may desi!nate an officer subordinate to him to e"ercise all or any of the po ers* and perform all or any of
4 5

&he ord ;Provincial< is omitted by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). &he ords ;Fistrict 4a!istrate< are substituted as the ords ;Fistrict Coordination 7fficer< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). 6 &he ords ;Fistrict 4a!istrate< are substituted as the ords ;Fistrict Coordination 7fficer< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12).

the duties* so conferred or imposed and specify the local limits or duties shall be carried out by such officer.

ithin

hich such po ers

1<, D)t* of :=Di%tri#t Coor"i !tio Offi#er> ! " other offi#er% "e%i+ !te" to hi$, 5 (i) &he ;=Di%tri#t Coor"i !tio Offi#er> authorised by the +,EEEE. 1overnment under section +* and the officer desi!nated by the 1<=Di%tri#t Coor"i !tio Offi#er> under that section* shall as far as practicable* try to promote the elfare of the freed bonded labourer by securin! and protectin! the economic interests of such bonded labourer so that he may not have any occasion or reason to contract any further bonded debt. (2) It shall be the duty of every 11=Di%tri#t Coor"i !tio Offi#er> and every officer desi!nated by him under section + to in@uire hether* after the commencement of this Act* any bonded labour system or any other form of forced labour is bein! enforced by* or on behalf of* any person resident ithin the local limits of his -urisdiction and if* as a result of such in@uiry* any person is found to be enforcin! the bonded labour system or any other system of forced labour* he shall forth ith take such action as may be necessary to implement the provisions of this Act. 11, .) i%h$e t for e for#e$e t of (o "e" l!(o)r,5 Ahoever* after the commencement of this Act compels any person to render any bonded labour shall be punishable ith imprisonment for a term hich shall not be less than t o years nor more than five years* or ith fine hich shall not be less than fifty thousand rupees* or ith both. 12, .) i%h$e t for extr!#ti + (o "e" l!(o)r ) "er the (o "e" l!(o)r %*%te$, 5 Ahoever enforces* after the commencement of this Act any custom* tradition* practice* contract* a!reement or other instrument* by virtue of hich any person or any member of his family is re@uired to render any service under the bonded labour system* shall be punishable ith imprisonment for a term hich shall not be less than t o years nor more than five years or ith fine hich shall not be less than 12,three hundred and fifty. thousands rupees* or ith both# and out of the fine* if recovered* payment shall be made to the bonded labourer at the rate of not less than fifty rupees for each day for hich bonded labour as e"tracted from him. 16, .) i%h$e t for o$i%%io or f!il)re to re%tore -o%%e%%io of -ro-ert* to (o "e" l!(o)rer,5 Ahoever* bein! re@uired by this Act to restore any property to the possession of any bonded labourer* omits or fails to do so* ithin a period of ninety days from the commencement of this Act shall be punishable ith imprisonment for a term hich may e"tend to one year* or ith fine hich may e"tend to 1/,five. thousand rupees* or ith both# and out of the fine* if recovered* payment shall be made to the bonded labourer at the rate of 1:,one hundred. rupees for each day durin! hich possession of the property as not restored to him.
7

&he ords ;Fistrict 4a!istrate< are substituted as the ords ;Fistrict Coordination 7fficer< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). 8 &he ords ;Fistrict 4a!istrate< are substituted as the ords ;Fistrict Coordination 7fficer< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). 9 &he ord ;Provincial< is omitted by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). 10 &he ords ;Fistrict 4a!istrate< are substituted as the ords ;Fistrict Coordination 7fficer< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). 11 &he ords ;Fistrict 4a!istrate< are substituted as the ords ;Fistrict Coordination 7fficer< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). 12 &he ord ;fifty< is substituted as the ords ;three hundred and fifty< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). 13 &he ord ;one< is substituted as the ord ;five< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12). 14 &he ord ;ten< is substituted as the ord ;one hundred< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12).

17, A(et$e t to (e ! offe #e,5 Ahoever abets any offence punishable under this Act shall* hether or not the offence abetted is committed* be punishable ith the same punishment as is provided for the offence hich has been abetted. Ex-l! !tio .%6or the purpose of this section* 0abetment0 has the same meanin! as is assi!ned to it in the Pakistan Penal Code (Act =(> of 1DC?). 18, /i+il! #e Co$$ittee,5 (1) >i!ilance Committees shall be set up at the Fistrict level in the prescribed manner* consistin!* of elected representatives of the area* representatives of the Fistrict Administration* 'ar associations* press* reco!ni2ed )ocial )ervices and 1B,(abour%Fepartment of the 1overnment. . (2) &he follo in! shall be the functions of the >i!ilance Committees* namely.% (a) to advise the Fistrict Administration on matters relatin! to the effective implementation of the la and to ensure its implementation in proper manner* to help in the rehabilitation of the freed boned labourer* to keep an eye on the orkin! of the la # and to provide the bonded labourers such assistance as may be necessary to achieve the ob-ectives of the la .

(b) (c) (d)

19, Offe #e% to (e trie" (* the M!+i%tr!te,5 (1) A 4a!istrate of the first class empo ered in this behalf by the Provincial 1overnment may try any offence under this Act. (2) An offence under this Act shall be tried summarily. 1:, Co+ i0! #e of offe #e%,5 (1) 3very offence under this act shall be co!ni2able and bailable. 1;, Offe #e% (* #o$-! ie%,5 (1) Ahere an offence under this Act has been committed by a company* every person ho* at the time the offence as committed* as in char!e of* and as responsible to* the company for the conduct of the business of the company* as ell as the company* shall be deemed to a !uilty of the offence and shall be liable to be proceeded a!ainst and punished accordin!ly. (2) 9ot ithstandin! anythin! contained in sub%section (1)# here any offence under this Act* has been committed by a company and it is proved that the offence has been committed ith the consent or connivance of* or is attributable to* any director* mana!er or other officer of the company* such director* mana!er or other officer shall be deemed to be !uilty of that offence and shall be liable to be proceeded a!ainst and punished accordin!ly. Ex-l! !tio %%6or the purposes of this section. (a) (b) Gcompany0 means a body corporate* and includes a firm or other association of individuals# and 0director0* in relation to a firm* means a partner in the firm.

19, .rote#tio or !#tio t!1e i +oo" f!ith,5 9o suit* prosecution or other le!al proceedin! shall lie a!ainst 1overnment or any officer of the 1overnment for any thin! hich is in !ood faith done or intended to be done under this Act
15

&he ords ;(abour%Fepartments of the 6ederal and Provincial 1overnment< are substituted by the the 1overnment< by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12).

ords ;(abour Fepartment of

2<, 2)ri%"i#tio of Co)rt% (!rre",5 )ave as other ise provided in this Act* no court shall have -urisdiction in respect of any matter to hich any provision of this Act applies and no in-unction shall be !ranted by any court in respect of anythin! hich is done or intended to be done under this Act. 21, .o'er to $!1e r)le%,5 1C,EEEE.1overnment may by notification in the official 1a2ette* make rules for carryin! out the purposes of this Act.

16

&he

ord ;6ederal< is omitted by the Pun-ab 'onded (abour )ystem (Abolition) (Amendment) (==I> of 2?12).