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Judgment Search Results Home > Cases Phrase: the bonded labour system abolition act 1976 Page 1 of about 911 results (0.077 seconds)

Dec 16 1983 (SC)

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC)

..... the purpose of ensuring implementation of the provisions of the bonded labour system (abolition) act 1976.36. the other question arising out of the implementation of the bonded labour system (abolition) act 1976 is that of rehabilitation of the released bonded labourers and that is also a question of the greatest importance, because if the bonded labourers who are identified and freed, are not rehabilitated, their ..... petitioners in this petition is that the workmen referred to in the communication addressed to this court are bonded labourers. in 1976, the parliament enacted the bonded labour system (abolition) act, 1976 and by virtue of the provisions of the said act, the bonded labour system has been declared to be illegal in this country. any person who is wrongfully and illegally employed as ..... state of haryana has in the present case tried to quibble with this definition of 'bonded labour' and its argument has been that these labourers may be providing forced labour but they are not bonded labourers within the meaning of the bonded labour system (abolition) act, 1976 and they may therefore be freed by the court if it so pleases but the state ..... haryana was however not prepared to come forward with any proposal in this behalf.34. now it is clear that bonded labour is a form of forced labour and section 12 of the bonded labour system (abolition) act 1976 recognises this self-evident proposition by laying a duty on every district magistrate and every officer specified by him to inquire .....

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May 08 1984 (SC)

Neeraja Chaudhary Vs. State of M.P.

Court : Supreme Court of India

Reported in : AIR1984SC1099; 1984(2)Crimes511(SC); 1984LabIC851; 1984(1)SCALE874; (1984)3SCC243

..... quarries in faridabad had been released from bondage by an order made by this court in the first week of march, 1982 since they were found to be bonded labourers within the meaning of the bonded labour system (abolition) act, 1976 and on release, they had been brought back to their respective villages in bilaspur district of the state of madhya pradesh with a promise of rehabilitation by ..... provisions including provisions for the rehabilitation of bonded labourers was enacted. it is indeed sad and unfortunate that though this piece of welfare legislation was passed years ago, no proper steps were being taken for implementation of the ..... the matter of properly rehabilitating bonded labourers freed from bondage may be duly discharged. bonded labour system had been one of the vile systems which had been degenerating human beings for years. appreciating the, unjust, immoral and pernicious, nature of this system, our country which values human dignity and guarantees personal freedom had passed appropriate legislation to do away with this system. the bonded labour system (abolition) act, 1976, abolishing bonded labour system and making various other .....

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May 05 2004 (SC)

Public Union for Civil Liberties Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

Reported in : 2004(5)ALLMR(SC)670; [2005(104)FLR407]; [2004(3)JCR184(SC)]; (2004)IIILLJ7SC; 2004(5)SCALE690; (2004)12SCC381

..... of the directions of this court and that of the provisions of the bonded labour system (abolition) act, 1976 (the act). it is brought to our notice that the nhrc has been interacting with the ministry of labour and with special rapporteurs, with the state governments to evolve suitable measures to solve the problem of bonded labour. in the meantime the nhrc constituted a group of experts to closely examine ..... the implementation of the act encompasses three functions, namely, identification, release and rehabilitation of bonded labour. they also suggested involving ngos in the endeavors to abolish bonded labour. as per directions of this court, state ..... a status report on the work relating to the abolition of the bonded labour system in the various states. then the report detailed the position of the various existing schemes and made several recommendations to improve the present works relating to the abolition of bonded labour system. they also made considered proposals to amend the act so as to make the act more effective. the report correctly pointed out that .....

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Oct 15 2012 (SC)

Public Union for Civil Liberties. Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

..... and conditions of service) act 1979, the mines act 1952 gave various directions including the setting up of vigilance committees, district ..... necessity of identifying and checking the practice of bonded labour in this country and to rehabilitate those who are victims of this practice.2. this court, while interpreting the provision of the bonded labour system (abolition) act, 1976, (for short 'the bls (a) act) in the light of the constitutional provision like article 23, the minimum wages act 1948, contract labour (regulation and abolition) act 1970, inter-state migrant workmen (regulation of employment ..... following directions to the states/uts:"a) periodical conduct of survey in the affected areas is one of the measures which would source eradication of bonded labour system in compliance with the bls (a) act. section 14(e) of the act casts a statutory responsibility on the vigilance committees constituted in each district such surveys. it suggested that fresh survey be conducted by all states .....

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Sep 21 2004 (HC)

Sannasomannara Somashekarappa and ors. Vs. Gorappa Rudraswamy and ors.

Court : Karnataka

Reported in : 2005CriLJ1; ILR2004KAR4606; 2004(7)KarLJ582; (2005)ILLJ621Kant

..... . in these petitions the petitioners have sought for quashing the entire proceedings pending before the executive magistrate/ assistant commissioner, davangere for the offence punishable under section 16 of the bonded labour system (abolition) act 1976 (for short 'the act') pending in case nos. mag (2) cr: 22/01-02 and mag (2) cr: 23/01-02.3. the brief facts are that the petitioners in these two ..... persons against whom some allegations have been made so as to proceed against them as provided under section 16 of the act. the allegation made against the petitioners must attract the definition of 'bonded labour system' which means the system of forced, or partly forced labour under which debtor enters or has or is presumed to have entered into an agreement with the creditor to the ..... wages to graze their cattle in advance. of course, engaging of child labour would be an offence elsewhere, but in my opinion the very act of the petitioners in engaging children for grazing cattle by providing food, clothing etc. would not amount to exploitation of bonded labour and does not constitute bonded labour system. rather the parents of the boys who had been freed were not being .....

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Jan 09 1992 (SC)

T. Chakkalackal Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : JT1992(1)SC106; 1993Supp(4)SCC211

..... such commencement shall be deemed to have been extinguished. the expressions 'bonded debt' and 'bonded labour have been defined in section 2 ..... according to section 6 of the said act on the commencement thereof every obligation of a bonded labourer to repay any bonded debt or such part of any bonded debt as remains unsatisfied immediately before ..... bonded labourers. mr. jayanarayan who appeared on behalf of the government did not dispute the correctness of the statement since it was drawn from a responsible officer's report and stated that if these 350 persons were found bonded they have to be released and rehabilitated as required by the scheme of the statute i.e. the bonded labour system (abolition) act, 1976. ..... this court in bandhua mukti morcha concluded that the various ingredients which go to make a labourer a 'bonded labourer' within the meaning of the act were not satisfied. according to him the labourers had not worked or were not. working under the system nor were they forced to work although they were working in the past and some of .....

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Feb 21 1991 (SC)

Bandhua Mukhti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (1999)IIILLJ99SC

..... . out of these 544 bonded labourers, none is stated to belong to the state of haryana. i am also enclosing ..... a statement containing statistical information of bonded labourers, identified and rehabilitated as on 31.12.1990. according to this information, the number of bonded labourers identified in haryana state is 544 ..... bonded labourers were stated to have been rehabilitated except 124 who left on their own, 96 were not willing to go back, two expired due to natural death.it was further stated by the government of haryana that for identification of bonded labour, vigilance committees at each district and sub-divisional levels have been constituted in accordance with section 13 of the bonded labour system (abolition) act, 1976 ..... this committee shall within six weeks from now check up the particulars provided in the list by the petitioner, identify the persons claimed to have been bonded labour and collect all relevant material in respect of them; so as to assist this court to make further directions in terms of the requirement of the .....

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May 27 1997 (HC)

Mahabubnagar District Palamoori Contract Labour Union Vs. M/S. Nagarju ...

Court : Karnataka

Reported in : ILR1998KAR1160; 1998(1)KarLJ639

..... should move along with time.15. briefly, bonded labourer has been defined in the bonded labour system (abolition) act, 1976, hereinafter referred to as 'the bonded labour act', to mean a labourer who has incurred bonded debt. 'bonded debt' is defined to mean an advance received by a bonded labourer under or in pursuance of bonded labour system. bonded labour system includes the system of forced labour whereunder a debtor agrees to render service in ..... a day, that they are paid only rs. 300/- a month after adjusting the advance paid and they are bonded labourers as defined in the bonded labour system (abolition) act, 1976. in particular, it is stated as follows:'that palamoori labourers are working morning 6 a.m. to 6 p.m. - 12 hours per day. they are not getting minimum ..... wages, over-time wages, weekly holidays, free medical facility. the contractors paid some advance and they supply broken rice food, and tamarind water (chinta pulusu) these labourers ..... lame excuse to be offered by a public functionary. this is not the way that the 3rd respondent ought to have acted. when serious complaint regarding perpetration of bonded labour system, violation of contract labour act, etc., are brought to his notice, he cannot explain away his inaction stating that the filerelating to the same was lost .....

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Apr 08 1996 (HC)

Jai Singh and anr. Vs. State of Punjab Through Secretary, Labour and E ...

Court : Punjab and Haryana

Reported in : (1996)113PLR509

..... state legislature to make any legislation with regard to the said matter. president of india on 24.10.1975 issued bonded labour system (abolition) ordinance, 1975 which was later on replaced by the bonded labour system (abolition) act 1976 (hereinafter referred to as the act). the reasons for enactment of this act as given in the statement of objects and reasons are as under :-' there still exists in different parts of ..... . it is unfortunate that in spite of the clear mandate of the constitution given in article 23 and the enactment of bonded labour system (abolition) act 1976, the allegations of the evil of bonded labour/debt bondage are still being made/practised in the country. enactment of law by itseb' is not sufficient. it has to be seen that the same is enforced with ..... debt bondage is still prevalent in the country even after 46 years of the coming into force of the constitution of india and enactment of bonded labour system (abolition) act 1976, 20 years back.2. this petition has been filed under articles 226/227 of the constitution of india for issuance of a writ in the nature of mandamus directing ..... the country a system of usury under which the debtor or his descendants or dependents have to work for the creditor .....

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Sep 28 1995 (HC)

Hanumantsing Kubersing Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ389

..... of tahsil petalwad, district jhabua. on some complaints, after investigation concerning police filed charge sheets under sections 16, 17 and 18 of the bonded labour system (abolition) act, 1976 (for short 'the act') against the petitioners, in the court of sub-divisional magistrate, petalwad (for short 'the s.d.m.') in criminal case numbers as mentioned below : ..... those acts which are declared to be offences under part iii of the constitution. the bonded labour system offends article 23(1) of the constitution. accordingly the bonded labour system (abolition) ordinance, 1975 was promulgated by the president. by the said ordinance the bonded labour system was abolished and the bonded labourers were freed and discharged from any obligation to render any bonded labour and their bonded debts were ..... of govind shanwar chatal v. dattatraya waman bhanushali, 1992(2) cr. l.j. 1228.8. the act was enacted by the parliament to assist abolition of bonded labour system as in various parts of the country, particularly remote areas, a system of usury, under which the debtor or his descendants or dependants have to work for the creditor without ..... wages. section 3 gives overriding effect to the provisions of the act inconsistent with the provisions of any enactment or instrument agreement. section 4 deals with the abolition of bonded labour system on commencement of the act. section 5 of the act lays down that on the commencement of the act, any custom or tradition or any contract, agreement or other .....

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