Volunteers for Social Justice - Dalit Dasta Virodhi Andolan

Dalit Dasta Virodi Andolan ("Dalit's Movement Against Servitude")

Astrocities on Dalits

Social Boycott Feudal have their own laws
A Social Boycott is an instrument used against the Dalits individual or the community to cause dishonor, degrade and dehumanize. When a dalit demands :
Freedom from Bonded Labour System. Demand for minimum wages. Participation in the religious affairs. Oppose to dumping excreta, waste matter, carcass and other obnoxious substance in his premises or in the neighborhood. To vote to a particular member or not to vote. Depriving them to enjoy a public place & usage of customary passages. Opposing a sexual harassment to the Dalit women.
Dalits are stopped by the land-owing/uppercast community of the village to :
Go for morning routines in the agricultural fields of the village. Some times the near by villages also join. Dalits communities do not have in built toilets in their homes, so they have to walk miles to ease out. Women are the worst victims of this act. Dalits are stopped to use the customary passages and religious places and other common places even through the Govt. money are used to construct & maintain such places. The employment is ceased. No one employ dalits in village as labourers and in the nearby villages the message is sent and announcements are made from the religious shrines that dalits are boycotted. Whosoever employs them shall pay a fine or physical punishments. Village shop-keepers, milkmen are ordered not to sell any article to them. Drunken landlords terrorize the dalits by marching with weapons and fire arms, shouting and calling bad words. The cattle belonging to dalits are prevented to drink water or bath in the village pond. Places of worship of dalits are dishonored.

Legal Instruments to Combat Social Boycotts:

The Protection of Civil Rights Act 1955.

Punishment for enforcing religious disabilities :- Whoever on the ground of "untouchability" prevents any person-

(a) from entering any place of public worship which is open to other persons professing the same religion or any section thereof as such person; or
(b) from worshiping or offering prayers or performing any religious service in anyplace of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water-course, river or lake or bathing at any ghat of such tank, water course river or lake) in the same manner and to the same extent as is permissible to the other person professing the same religion" or any section thereof, as such person;
shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Explanation :- For the purposes of this Section and Section 4 persons professing the Buddhist, Sikh and Jaina religion or persons professing the Hindu religion in any of its forms or developments including Virashaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj and the Swaminarayana Sampradaya shall be deemed to be Hindus.

Punishment for enforcing social disabilities :- Whoever on the ground of "untouchability" enforces against any person any disability with regard to-

(i) access to any shop, public restaurant, hotel or place of public entertainment; or
(ii) the use of any utensils, and other Articles kept in any public restaurant, hotel, dharmasala, sarai or musafirkhana for the use of the general public or of [any section thereof]; or
(iii) the practice of any profession or the carrying on of any occupation trade or business or employment in any job] ; or
(iv) the use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat burial or cremation ground, any sanitary convenience, any road, or passage, or any other place of public resort which other members of the public, or [any section thereof], have a right to use or have access to ; or
(v) the use of or access to, any place used for a charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of the general public or any section thereof; or
(vi) the enjoyment of the benefit under a charitable trust created for the benefit of the general public or of any section thereof; or
(vii) the use of, or access to, any public conveyance; or
(viii) the construction, acquisition, or occupation of any residential premises in any locality, whatsoever; or
(ix) the use of any dharamsala, sarai or musafirkhana which is open to the general public, or to "any section thereof; or
(x) the observance of any social or religious custom, usage or ceremony or taking part in, or taking out, any religious, social or cultural processing; or
(xi) the use of jewellery and finery, shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Explanation :- For the purposes of this Section, "enforcement of any disability" includes any discrimination on the ground of "untouchability".

5. Punishment for refusing to admit persons to hospitals, etc. : - Whoever on the ground of "untouchability -

(a) refuses, admission to any person to any hospital, dispensary, educational institution or any hotel if such hospital, dispensary, educational institution or hotel is established or maintained for the benefit of the general public or any section thereof; or

(b) does any act which discriminates against any such persons after admission to any of the aforesaid institutions;

shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

6. Punishment for refusing to sell goods or render services :-

Whoever on the ground of "untouchability " refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at/on which such goods are sold or services are rendered to other persons in the ordinary course of business shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

7. Punishment for other offences arising out of "untouchability"

(1) Whoever-

(a) prevents any person from exercising any right accruing to him by reason of the abolition of "untouchability" under Article 17 of the Constitution; or

(b) molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molest, injures, annoys or boycotts any person by reason of his having exercised any such right; or

(c) by words, either spoken or written, or by signs or by visible representation or otherwise, incites or encourages any person or class of persons or the public generally to practise "untouchability" in any form whatsoever: [or]

(d) insults or attempts to insult on the ground of "untouchability" a member of a Scheduled Caste;

shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Explanation I : A person shall be deemed to boycott another person who -

(a) refuses to such other person or refuses to permit such other person, to use or occupy any house or land or refuses to deal with, work for hi re for, or do business with, such other person or to render to him receive from him any customary service, or refuses to do any of the said things on the terms on which such things would be commonly done in the ordinary course of business; or

(b) abstains from such social, professional or business relations as he would ordinarily maintain with other person.

Explanation II : - For the purpose of clause (c) a person shall be deemed to incite or encourage the practice of 'untouchability' -

(i) if he, directly or indirectly preaches "untouchability" or if practices in any form; or

(ii) if he justifies whether on historical, philosophical or religious grounds or on the ground of any trading of the caste system or on any other ground, the practice of "untouchability" in any form.

(I-A) Whoever commits any offence against the person or property of any individual as a reprisal or revenge for his having exercised any right accruing to him by reason of the abolition of "untouchability" under Article 17 of the Constitution, shall, where the offence is punishable with imprisonment for a term exceeding two years, be punishable with imprisonment for a term which shall be not less than two years and also with fine.

(2) Whoever-

(i) denies to any person belonging to his community or any section thereof any right or privilege to which such person would be entitled as a member of such community or section; or

(ii) takes any part in the ex-communication of such person, on the ground that such person has refused to practise "untouchability" that such person has done any act in furtherance of the objects of this Act,

7-A Unlawful compulsory labour when to be deemed to be a practice of "untouchability" : -

(1) Whoever compels any person, on the ground of "untouchability", to do any scavenging or sweeping or to remove any carcass or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of "untouchability"

(2) Whoever is deemed under sub-section (1) to have enforced a disability arising out of "untouchability" shall be punishable with imprisonment for a term which shall be not less than three months and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Explanation :- For the purposes of the section, "compulsion" includes a threat of social or economic boycott.

8. Cancellation or suspension of licences in certain cases :-

When a person who is convicted of an offence under Section 6, holds any licence under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the court trying the offence may, without prejudice to any other penalty to which such person may be liable under that section, direct that the licence shall stand cancelled or to be suspended for such period, as the Court may deem fit, and every order of the Court so cancelling or suspending a license shall have effect as if it had been passed by the authority competent to cancel or suspend the license under any such law;

Explanation :- In this section, "licence" includes a permit or a permission.

9. Resumption or suspension of grants made by Government :-

Where the manager or trustee of place of public worship or any educational institution or hostel which is in receipt of a grant of land or money from the government is convicted of an offence under this Act and such conviction is not reversed or quased in any appeal or revision, the Government may, if in its opinion the circumstances of the case warrant such a Course, direct the suspension or resumption of the whole or any part of such grant.

10. Abetment of offence:-

Whoever abets any offence under this Act shall be punishable with the punishment provided for the offence.

Explanation :- A public servant who wilfully neglects the investigation of any offence punishable under this Act shall be deemed to have abated an offence punishable under this Act.

10 A. Power to State Government to impose collective fine :-

(1) If, after an inquiry in the prescribed manner, the State Government is satisfied that the inhabitants of an area are concerned in, or abetting the commission of, any offence punishable under this Act, or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offender or offenders or suppressing material evidence of the commission of such offence , the State Government, may, by notification in the Official Gazette, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the State Government judgement of the respective means of such inhabitants and in making any such apportionment the Government may assign a portion of such fine to a Hindu undivided family to be payable by it :

Provided that the fine apportioned to an inhabitant shall not be realised until the petition, if any, filed by him under sub-section (3) is disposed of.

(2) The notification made under sub-section (1) shall be proclaimed in the area by beat of drum or in such other manner as the State Government may think best in the circumstances to bring the imposition of the collective fine to the notice of the inhabitants of the said area.

(3) (a) Any person aggrieved by the imposition of the collective fine under sub- section (1)or by the order of apportionment, may, within the prescribed period, file a petition before the State-Government or such other authority as that Government may specify in this behalf for being exempted from such fine or for modification of the order of apportionment:

Provided that no fee shall be charged for filing such petition.

(b) The State Government or the authority specified by it shall, after giving to the petitioner a reasonable opportunity of being heard, pass such order as it may think fit :

Provided that the amount of the fine exempted or reduced under this section shall not be realisable from any person, and the total fine imposed on the inhabitants of an area under sub-section (1) shall be deemed to have been reduced to that extent.

(4) Notwithstanding anything contained in sub-section (4), the State Government may exempt the victims of any offence punishable under this Act or any person who does not, in its opinion, fall within the category of persons specified in sub-section (1), from the liability to pay the collective fine imposed under sub-section (1), or any portion thereof.

(5) The portion of collective fine payable by any person (including a Hindu undivided family) may be recovered in the manner provided by the Code of Criminal Procedure, 1973 (2 of 1974), for the recovery of fines imposed by a Court as if such portion were a fine imposed by a Magistrate.

The Schedule Caste And The Schedule Tribes (Prevention Of Atrocities) Act 1989

OFFENCES OF ATROCITIES

Punishment for offences of atrocities :- (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe-

(i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance ;

(ii) acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste, or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other abnoxious substance in his premises or neighbourhood ;

(iii) forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;

(iv) wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or Scheduled Tribe or gets the land allotted to him transferred ;

(v) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights any land, premises or water;

(vi) compels or entices a member of a Scheduled Caste or Scheduled Tribe to do 'begar' or other similar forms of forced or bonded labour other than any compulsory service for public purpose imposed by Government;

(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;

(viii) Institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;

(ix) gives any false or frivolous information to any public servant and , thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;

(x) internationally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public.

(xi) assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty;

(xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed

(xiii) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used.

(xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to;

(xv) forces or causes a member of a Scheduled Caste or Scheduled Tribe to leave his house, village, or other place or residence shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe -

(i) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death;

(ii) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine;

(iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a Scheduled Castes or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extent to seven years and with fine;

(iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine;

(v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;

(vi) knowingly or having reason to believe that an offence has been committed under this Chapter, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with the intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence; or

(vii) being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for the offence.

Punishment for neglect of duties :- Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

Enhanced punishment for Subsequent conviction :- Whoever, having already been convicted of an offence under this Chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.

Application of certain provisions of the Indian Penal Code :- Subject to the other provisions of this Act, the provisions of Sec. 34, Chapter III, Chapter IV, Chapter V, Chapter V-A, Section 149 and Chapter XXIII of the Indian Penal Code (45 of 1860), shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code.

Forfeiture of property of certain persons :-

(1) Where a person has been convicted of any offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment by order in writing, declare that any property, movable or immovable or both belonging to the person, which has been used for the commission of that offence, shall stand forfeited to Government.

(2) Where any person is accused of any offence under this Chapter, it shall be open to the Special Court trying such offence to pass an order that all or any of the properties, movable or immovable or both, belonging to him shall during the period of such trial, be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any fine imposed under this Chapter.

Presumption as to offences :- In a prosecution for an offence under this Chapter, if it is proved that-

(a) the accused rendered any financial assistance to a person accused of, or reasonably suspected of committing, an offence under this Chapter, the Special Court shall presume, unless the contrary proved, that such person had abetted the offence;

(b) a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object.

Conferment of powers :-

(1) Notwithstanding anything contain in the Code or in any other provision of this Act, the State Government may, if it considers it necessary or expedient so to do,-

(a) for the prevention of and for coping with any offence under this Act, or

(b) for any case or class or group of cases under this Act, on any district or part thereof, confer by notification in the Official Gazette, on any officer of the State Government the powers exercisable by a police officer under the Code in such district report thereof or, as the case may be, for such case or class or group of cases, and in particular, the powers of arrest, investigation and prosecution of persons before any Special Court.

(2) All officers of police and all other officers of Government shall assist the officer referred to in sub-section (1) in the execution of the provisions of this Act. or any rule, scheme or order made thereunder.

(3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (1).

Village Code is Superior than the Civil Procedure Code 1860.

The feudal of the village have their own code to recover the bonded act and award punishments, who confronts their setup in the village. They hardly care the land of the law. They value their own die hard traditions. Underneath are given a few examples :

Village Code

Civil Code

CIVIL PROCEDURE CODE, 1908

Sec. 60. Property liable to attachment and sale in execution of decree

(1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank notes, cheques, bill of exchange, hundis, promissory notes, Government securities, bonds or other securities for money debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment debtor or by another person in trust for him or on his behalf:

Provided that the following particulars shall not be liable to such attachment or sale, namely:-

(a) the necessary wearing - apparel, cooking vessels, beds and beding of the judgment debtor, his wife and children, and such personal ornaments, as in accordance with religious usage, cannot be parted with by any woman;

(b) tools of artisans, and, where the judgment debtor is an agriculturist, his implements of husbandry and such cattle and seed grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood, as such, and such portion of agricultural produce or any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section;

(c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to (an agriculturist or a labourer or a domestic servant) and occupied by him;

(d) books of account;

(e) a mere right to sue for damages;

(f) any right of personal service;

(g) stipends and gratuities allowed to pensioners of the Government (or of a local authority or of any other employer) or payable out of any service family pension fund notified in the Official Gazettee by (the Central Government or the State Government) in this behalf, and political pensions;

(h) the wages of labourers and domestic servants, whether payable in money or in kind.

(i) Salary to the extent of (the first ) (one thousand rupees) and two thirds of the remainder) (in execution of any decree other than a decree for maintenance).

Provided that where any part of such portion of the salary as is liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months, and where such attachment has been made in execution of one and the same decree, shall, after the attachment has continued for a total period of twenty four months, be finally exempt from attachment in execution of that decree;

(ia) one third of the salary in execution of any decree for maintenance;

(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies;

(k) All compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, (1925) (19 of 1925), for the time being applies, in so far as they are declared by the said act not to be liable to attachment;

(ka)All deposits and other sums in or derived from any fund to which the Pubic Provident Fund Act, 1968 (23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment;

(kb)All moneys payable under a policy of insurance on the life of the judgment - debtor;

(kc)The interest of a lessee of a residential building to which the provisions of law for the time being in force relating to control of rents and accommodation apply;

(l) Any allowance forming part of the emoluments of any servant of the Government or of any servant of a railway company or local authority which the appropriate Government may, by notification in the Official Gazette, declare to be exempt from attachment, and any subsistence grant or allowance made to any such servant while under suspension;

(m) An expectancy of succession by survivorship or other merely contingent or possible right of interest;

(n) A right to future maintenance;

(o) Any allowance declared by any Indian Law to be exempt from liability to attachment or sale in execution of a decree; and

(p) Where the judgment debtor is a person liable for the payment of land revenue, any movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arear of such revenue.

(Explanation I. - The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (l) and (o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable.

(Explanation II. In clause (i) and (ia), "salary" means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (1), derived by a person from his employment whether on duty or on leave.)

(Explanation (III). In clause (i) "appropriate Government" means - or any servant of a Railway Administration or of a cantonment authority or the port authority of a major port, the Central Government;

(***)

(iii) as respects any other servant of the Government or a servant of any other (***) local authority, the State Government).

Explanation IV.- For the purposes of this provision, "wages" includes bonus, and "labour" includes a skilled, unskilled or semi skilled labourer.

Explanation V- For the purposes of this provision, the expression "agriculturist" means a person who cultivates land personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or agricultural labourer.

Explanation VI - For the purposes of Explanation V, an agriculturist shall be deemed to cultivate land personally, if he cultivates land -

(a) by his own labour, or

(b) by the labour of any member of his family, or

(c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce or both).

(1-A) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person agrees to waive the benefit of any exemption under this section shall be void].

(2) Nothing in this section shall be deemed (***) to exempt houses and other buildings (with the material sand the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land. (***)

The Punjab Agricultural Indebtedness

(Relief) Act, 1975

Punjab Act No.24 of 1975

Received the assent of the Governor of Punjab on the 12th August, 1975 and was published in the Punjab Gazettee, (Extra), Legislative Supplement, Part I, dated August / Sravana 22, 1897.

An Act to provide relief from indebtedness to landless agricultural labourers and small farmers.

Be it enacted by the Legislature of the State of Punjab in the Twenty-sixth Year of the Republic of India as follows:-

1. Short title and commencement - (1) This Act may be called the Punjab Agricultural Indebtedness (Relief) Act, 1975.

(2) It shall come into force at once.

2. Definitions - In this Act, unless the context otherwise requires -

(i) "Bank" means a banking company as defined in section 5 of the Banking Regulation Act 1949 and includes the State Bank of India constituted under the State Bank of India Act, 1955, a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act,1959 a corresponding new Bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963;

(ii) "Civil Court" includes -

(a) any court exercising jurisdiction under the Provincial Insolvency
Act, 1920;

(b) a Panchayat established under the Punjab Gram panchayat Act, 1952 while exercising functions of a Civil Court;

(c) a court exercising powers under the Provincial Small Cause Courts Act, 1887;

(iii) "Co-operative Society" means a society registered or deemed to registered under the Punjab Cooperative Societies Act, 1961;

(iv) "Debt" means an advance in cash or kind, whether decreed or not, and includes any transaction which is in substance a debt;

(v) "Debtor" means a rural artisan and includes person who owes a debt and-

(a) is ordinarily a resident in the State of Punjab:

(b) earns his livelihood mainly by working as agricultural labourer;

(c) does not own any agricultural land;

(d) whose total assets do not exceed in value a sum of rupees fifty thousand;

(vi) "Rural artisan" means a person -

(a) who does not hold any agricultural land whose principal means of livelihood is production or repair of traditional tools, implements
and other articles or things used for agriculture purposes ancillary thereto or

(b) who normally earns his livelihood by practicing a craft either by his own labour or by the labour of the members of his family in the
rural area; and whose total assets do not exceed in value a sum of rupees fifty thousand;

(vii)"Small farmer" means a person who owes a debt and who earns his livelihood mainly by agriculture land -

(a) who owns agricultural land not exceeding two hectares ; or

(b) whose total assets do not exceed rupees fifty thousand in value;

3. Certain debts and liabilities not to be affected:- Nothing in this Act shall affect debts of any debtor or a small farmer falling under any of the following heads, namely:-

(a) any rent due in respect of any property let out such debtor or small farmer;

(b) any transaction evidenced by a registered document;

(c) any liability arising out of breach of trust or any tortuious liability;

(d) any liability in respect of wages or remuneration due as salary or otherwise for services rendered;

(e) any liability in respect of maintenance whether under a decree of court or otherwise.

(f) A debt due to -

(i) the Central Government or any State Government;

(ii) any local authority;

(iii) any Cooperative Society;

(iv) any Government Company within the meaning of the Companies
Act, 1956;

(v) the Punjab Scheduled Castes Land Development and Finance Corporation established under the Punjab Scheduled Castes Land Development and Finance Corporation Act, 1970;

(vi) the Punjab State Finance Corporation established under the State Financial Corporations Act, 1951.

(vii) A Bank;

Any debt which represented the price of goods purchased by such debtor or small farmer.

4. Consequences of commencement of this Act :- Notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument having force by virtue of any such law, and save as otherwise expressively provided in this Act, the consequences as hereinafter set forth shall ensue with effect from the date of commencement of this Act or as the context may require, namely:-

(a) every debts owed on the commencement of this Act by a debtor, together with any interest payable thereon shall be deemed to be wholly discharged:

(b) every debt owed to any person by a small farmer shall be deemed to be wholly discharged if:-

(i) the small farmer has, in the discharge of his debt, paid a sum exceeding or equivalent to one and a half times of the amount of the debt any time before the commencement of this Act.

(ii) The small farmer in the discharge of his debt ; pays after the commencement of this Act, a sum which together with any sum already paid in the discharge of such debt in equivalent to one and a half times the amount of the debt;

(c) every debtor or small farmer undergoing detention in a civil prison in execution of any decree for money passed against him by a Civil Court in respect of any debt deemed to be discharged under clause (a) or (b) shall be released ;

(d) every property pledged or mortgaged by debtor or a small farmer whose debt is deemed to be discharged under clause (a) or (b) shall, as and when such debt is deemed to be discharged, stand released in favour of such debtor or as the case may be, such small farmer: and the creditor shall, if he is in possession thereof, return the same to the debtor or as the case may be to the small farmer forthwith:

(e) there shall be moratorium on the re-payment of a debt or of interest, if any, by a debtor or small farmer for a period of two years and no
interest shall be payable by the debtor or the small farmer for the aforesaid period of moratorium.

5. Past Payments :- Nothing in this Act shall be so construed as to entitle any debtor or the small farmer to refund any part of a debt already paid by him or recovered from him before the commencement of this Act.

Liability to repay bonded debt to stand extinguished— (1) On the commencement 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 dependent 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 with 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 that 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 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 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.

7. Property of bonded labourer to be freed from mortgage, etc.— (1) All property vested in a bonded labourer which was immediately before the commencement of this Act under any mortgage, charge lien or other encumbrances in connection with any bonded debt shall, in so far as it is relatable to the bonded debt, stand freed and discharged from such mortgage charge, lien or other encumbrances, and where any such property was, immediately before the commencement of this Act. in the possession of the mortgagee or the holder of the charge, lien or encumbrance, such property shall (except where it was subject to any other charge), on such commencement, be restored to the possession of the bonded labourer.

(2) If any delay is made in restoring 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 mortgage or holder of the lien, charge or encumbrance, such
mesne profits as may be determined by the Civil Court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction such property is situated.

8. Freed bonded labourer not to be evicted from homestead. etc.— (1) No person who has been freed and discharged under this Act from any obligation to render any bonded labour, shall be evicted from any homestead or other residential premises which he was occupying immediately before the commencement of this Act as part of the consideration for the bonded laboure.

(2) If, after the commencement of this Act, any such person is evicted by the creditor from any homestead or other residential premises, referred to in sub-section (1), the Executive Magistrate-in-charge of the Sub-Division within which such homestead or residential premises is situated shall, as early as practicable, restore the bonded labourer to the possession of such homestead or other residential premises.

9. Creditor not to accept payment against extinguished debt — ( 1) No creditor shall accept any payment against any bonded debt which has been extinguished or deemed to have been extinguished or fully satisfied by virtue of the provisions of this Act.

(2) Whoever contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to three years and also with fine.

(3) The Court, convicting any person under sub-section (2) may, in addition to the penalties which may be imposed under that sub-section direct the person to deposit, in Court, the amount accepted in contravention of the provisions of sub-section (1), within such period as may be specified in the order for being refunded to the bonded labourer.