6. 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 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 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 within 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 the 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 authorised 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
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 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.
5
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 incumbrances 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 incumbrances, and
where any such property was, immediately before the commmencement of this Act, in the possession of
the mortgagee or the holder of the charge, lien or incumbrance, 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 mortgagee or holder of the lien, charge or incumbrance, 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 labour.
(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.