रजिस्ट्री सं० डी- ( डो) -72
REGISTERED No. D- ( D) -72
404
भारत का राजपत्र
The Gazette of India
प्रसाधारण
TRAL SECRETARI TI
EXTRAORDINARY
भाग II-- खण्ड 3--उपखण्ड ( 1 )
PART II- Section 3 Sub- section ( i )
GOVT. OF IND!
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 71
नई विहनी, शनिवार , फ वरी 28 , 1976, फाल्गुन 9 , 1897
No. 71 ] NEW DELHI , SATURDAY , FEBRUARY 23 , 1976 PHALGUNA 9 , 1897
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LABOUR
NOTIFICATION
New Delhi , the 28th February 1976
G.S.R. 99 (E )-In exercise of the powers conferred by sub - section ( 1 ) , read with sub- section ( 2) of section 26 of the Bonded Labour System ( Abolition) Act , 1976 ( 19 of 1976) , the Central Government hereby makes the following rules , namely : -
1. Short title and commencement .- ( 1 ) These rules may be called the Bonded Labour System ( Abolition ) Rules , 1976 .
(2) They shall come into force on the date of their pub'ication in the Official Gazette .
2. Definition . In these rules , unless the context otherwise requires ,-
( a ) " Act " means the Bondod Labour System ( Abolition ) Act , 1976 ( 19 of 1976 ) ;
(b) "District Vigilance Committee " means a Vigilance Committee constituted for a district under sub- section ( 1 ) of section 13 ;
(c) " section " means a section of the Act ;
(d) " Sub - Divisional Vigilance Committee " means a Vigilance Committee constituted for a sub -division under sub - section ( 1 ) of section 13 .
3. Term of Office , and vacation of seat , of members of District Vigilance Committee.- ( 1 ) Every member , of a District Vigilance Committee , nominated under clauses (b) , ( c) . (d) and (e ) of sub - section (2) of section 13 shall hold office for a period of one year from date on which his nomination is notified in the Official Gazette and shall , on the expiry of the said period , continue to hold office until his successor is nominated and shall also be elgible for rc - nomination .
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492
(2) Every member referred to in sun - rule ( 1 )
(a ) may , by giving notice in writing to the authority which nominated him , resign his office and, on such resignation being accepted, shall be deemed to have vacated his office ;
(b) shall be deemed to have vacated his office-
( i ) if he fails to attend three consecutive mcetings of the District Vigilance Committee without obtaining leave of the Chairman of such absence :
Provided that the authority , which nominated him may , if it is satisfied that such member was prevented by sufficient cause from attending the three con- secutive mectings of the Committce , restore him to membership;
(ii) if he becomes subject to any of the following disqualifications , namely :-
( 1) is adjudged insolvent ;
(2) is declared to be of unsound mind by a competent court ;
(3) is convicted of an offence which , in the opinion of the authority, which nomi- nated him , involves moral turpitude ;
(c) may be removed from office , if the authority , which nominated such members , is of the opinion that such member has ceased to represent the interest to represent which he was nominated :
Provided that a member shall not be removed from office under this Clause un- less a reasonable opportunity is givento him for showing cause against such removal .
(3 ) A member , nominated to fill a castral vacancy shall hold office for the unexpired portion of the term of his predecessor .
4. Term of office , and vacation of seat , of members of Sub- Divisional Vigilance Com- mittees . ( 1 ) Every member , of a Sub- Divisional Vigilance Committec , nominated under clauses ( b ) , ( c ) , ( d) and ( e) of sub - section ( 3 ) of section 13 shall hold oflice for a period of one year from the date on which his nomination is notified in the Official Gazette and shall , on the expiry of the said period, continue to hold office until his successor is nomi- nated and shall also be eligible for re - nomination ,
(2 ) Every member referred to in sub - rule ( 1)-
(a) may, by giving notice in writing to the authority , which nominated him , resign his oflice and , on such resignation being accepted , shall be deemed to have vacated his office;
(b) shall be deemed to have vacated his office-
( i) if he fails to attend three consecutive meetings of the Sub -Divisional Vigilance Comniittee without obtaining leave of the Chairman of such Committec for such absence :
Provided that the authority which nominated him may , if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings of the Committce restore him to member- ship;
( ii) if he becomes subject to any of the following disqualifications , namely:-
( 1 ) is adjudged insolvent ;
( 2) is declared tobe of unsound mind by a competent court ;
(3) is convicted of an offence which , in the opinion of the authority , which nominated him , involves moral turpitude ;
(c) may be removed from office , if the authority which nominated such member , is of the opinion that such member has ceased to represent the interest to represent which he was nominated:
Provided that a member shall not be removed from office under this clause unless a reasonable opportunity is given to him for showing cause against such removal .
(3 ) A member nominated to fill a casual vacancy shall hold office for the un- expired portion of the term of his predecessor .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 3 ( i ) ]
493
5. Prescribed authority under sub - section ( 6) of section 6. An application under sub- section ( 6 ) of section 6 for restoration of possession of any property referred to in sub - section (4) or sub- section ( 5 ) of that section shall be made to the Executive Magis- trate, on whom the powers of a Judicial Magistrate of the first class or of the second class have been conferred under sub- section ( 1 ) of section 21 , and within the local limits of whose jurisdiction the said property is , or the applicant has reason to believe is , situated at the time of making the application:
Provided that where there are two Executive Magistrates , on one of whom the powers of a Judicial Magistrate of the first class and on the other the powers of a Judicial Magistrate of the second class have been conferred under sub - section ( 1 ) , of section 21 having jurisdiction to entertain the application for restoration of possession of property referred to in sub - rule ( 1 ) , the application shall be made to the Executive Magistrate on whom the powers of a Judicial Magistrate of the second class have been conferred .
6. Time within which an application under sub - section ( 6 ) of section 6 is to be made.- An application under sub - section ( 6 ) of section 6 for restoration of possession of any property referred to in sub - section (4) or sub - section (5 ) of that section shall be made within a period of ninety days from the date on which these rules come into force .
7. Records to be maintained by District Vigilance Committees to ensure the imple- mentation of the provisions of the Act and Rules . In order to ensure the implementation of the Act and the Rules , every District Vigilance Committce shall maintain the following registers in respect of freed bonded labour within the local limits of its jurisdiction , namely:-
(a) a register containing the names and addresses of freed bonded labour ;
(b) a register containing statistics relatingto the vocation , occupation and income of every freed bonded labour ;
(c) a register containing details of the benefits which the freed bonded labour are receiving , including benefits in the form of land , inputs for agriculture , training in handicrafts and allied occupations , loans at differential rates of interest or employment in urban or non- urban areas ;
(d) a register containing details of cases under sub - section ( 6 ) of section 6 , sub- section ( 2) of sec(2) of section 8 , sub - section (2) of section 9, section 16 , section 17, section 18 , section 19 and section 20 .
[No. M -13011 / 7 / 75 -AL- Part . III ] D. BANDYOPADHYAY , Jt . Secy.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1976