warranty

In business and legal transactions, a warranty is an assurance by one party to

the other party that certain facts or conditions are true or will happen; the
other party is permitted to rely on that assurance and seek some type of
remedy if it is not true or followed.
In real estate transactions, a general warranty deed is a promise that the
buyer's title to a parcel of land will be defended. A limited warranty deed,
on the other hand, is a promise that the title will be defended against a
limited set of claims which is usually claims arising from encumbrances
executed by the grantor. Thus, a general warranty deed binds the grantor to
defend the title against all claims even those arising from previous owners;
whereas, a limited warranty deed typically only binds the grantor to defend
the title against claims arising from when the grantor held title to the
property. A limited warranty deed is the deed of choice for banks when
selling foreclosed properties.
A warranty may be express or implied

Implied warranty

An implied warranty is one that arises from the nature of the transaction, and
the inherent understanding by the buyer, rather than from the express
representations of the seller.
The warranty of merchantability is implied, unless expressly disclaimed
by name, or the sale is identified with the phrase "as is" or "with all faults."
To be "merchantable", the goods must reasonably conform to an ordinary
buyer's expectations, i.e., they are what they say they are. For example, a
fruit that looks and smells good but has hidden defects would violate the
implied warranty of merchantability if its quality does not meet the
standards for such fruit "as passes ordinarily in the trade".
In Massachusetts consumer protection law, it is illegal to disclaim this
warranty on household goods sold to consumers etc.
The warranty of fitness for a particular purpose is implied when a buyer
relies upon the seller to select the goods to fit a specific request. For
example, this warranty is violated when a buyer asks a mechanic to provide
snow tires and receives tires that are unsafe to use in snow. This implied
warranty can also be expressly disclaimed by name, thereby shifting the risk
of unfitness back to the buyer.
Lifetime warranty
A lifetime warranty is usually a guarantee on the lifetime of the product on
the market rather than the lifetime of the consumer[1] (the exact meaning
should be defined in the actual warranty documentation). If a product has
been discontinued and is no longer available, the warranty may last a limited
period longer. For example, the Cisco Limited Lifetime Warranty currently
lasts for five years after the product has been discontinued.[2]
Second-hand Product Warranty
The importance of the used/second-hand product market as a fraction of the
total market (new + second-hand) has been growing significantly since the
beginning of the twenty-first century. Second-hand products include
products that have previously been used by an end user/consumer. Users
change their products even if they are still in good condition. Some products
such as computers and mobile phones have a short lifetime and technologies
of these products are released to the market every day. As a result, the sale
of new products is often tied to a trade-in, resulting in a market for second-
hand products. For instance, in France, used car unit sales increased from 4.7
million to 5.4 million between 1990 and 2005, at the same time as new car
sales declined from 2.3 million to 2.07 million units.
Breach of warranty

A warranty is violated when the promise is broken; when goods are not as
should be expected, at the time the sale occurs, whether or not the defect is
apparent. The seller should honor the warranty by making a timely refund or
a replacement. The date of delivery starts the time under the statute of
limitations for starting a court complaint for breach of warranty if the seller
refuses to honor the warranty. This period is often overlooked where there is
an "extended warranty" in which a seller or manufacturer contracts to
provide the additional service of replacing or repairing goods that fail within
the extended period. However, if the goods were defective at the time of
sale, and the relevant statute of limitations has not expired, then existence or
duration of any "extended warranty" is secondary: there was a breach of a
primary warranty for which the seller may be liable.
It could be an unfair and deceptive business practice (a statutory type
of fraud) to attempt to avoid liability for breach of a primary warranty by
claiming expiration of the irrelevant extended warranty. A statute of
limitations on a contract claim may be shorter (or longer) than that of a tort
claim, and some breach of warranty cases are filed late and are characterized
as a fraud or other related tort.
For example, a consumer buys an item that was discovered to be broken or
missing pieces before it was even taken out of the package. This is a
defective product and can be returned to the seller for refund or replacement,
regardless of what the seller's "returns policy" might state (with limited
exceptions for second-hand or "as is" sales), even if the problem wasn't
discovered until after the "extended warranty" expired. Similarly, if the
product fails prematurely, it may have been defective when it was sold and
could then be returned for a refund or replacement. If the seller dishonors the
warranty, then a contract claim can be started in court

Quasi-contract
A quasi-contract (or implied-in-law contract) is a fictional contract
created by courts for equitable, not contractual purposes[1]. A quasi-contract
is not an actual contract, but is a legal substitute for a contract formed to
impose equity between two parties. The concept of a quasi-contract is that of
a contract that should have been formed, even though in actuality it was not.
It is used when a court finds it appropriate to create an obligation upon a
non-contracting party to avoid injustice and to ensure fairness. It is invoked
in circumstances of unjust enrichment,[4] and is connected with the concept
of restitution.
Generally the existence of an actual or implied-in-fact contract is required
for the defendant to be liable for services rendered, and a person who
provides a service uninvited is an officious intermeddler who is not entitled
to compensation. "Would-be plaintiffs cannot deliver unordered goods or
services and demand payment for the benefit....A corollary is that one
who does have an enforceable contract is bound by the contract's terms:
subject to a few controversial exceptions, she cannot sue for restitution of
the value of benefits conferred..." [5] However, in many jurisdictions under
certain circumstances plaintiffs may be entitled to restitution under quasi-
contract (as in the example of Oklahoma below).
Quasi-contracts are defined to be "the lawful and purely voluntary acts of a
man, from which there results any obligation whatever to a third person, and
sometime a reciprocal obligation between the parties."[6]
Elements
According to the Oklahoma pattern jury instructions, the elements of quasi-
contract are:

1. Plaintiff furnished / rendered valuable goods / services to

Defendant with a reasonable expectation of being compensated;
2. Defendant knowingly accepted the benefits of the goods /
services; and
3. Defendant would be unfairly benefited by the services /
receiving the goods if no compensation were paid to the Plaintiff.[7]

Knowledge, the second element, is required, and if the defendant had no

knowledge of the benefits, there would be no contract of any kind, even a
quasi-contract.
Contract compared
In contracts, it is the consent of the contracting parties which produces the
obligation; in quasi-contracts no consent is required, and the obligation
arises from the law or natural equity, on the facts of the case. These acts are
called quasi-contracts, because, without being contracts, they bind the
parties as contracts do."A quasi-contract is not really a contract at all in the
normal meaning of a contract," according to one scholar, but rather is "an
obligation imposed on a party to make things fair."
The Oklahoma Supreme Court has:
described the distinction between a contract and a quasi-contract in T & S
Inv. Co. v. Coury, 593 P.2d 503 (Okla. 1979), as follows:
A "quasi" or constructive contract is an implication of law. An "implied"
contract is an implication of fact. In the former the contract is a mere fiction,
imposed in order to adapt the case to a given remedy. In the latter, the
contract is a fact legitimately inferred. In one the intention is disregarded; in
the other, it is ascertained and enforced. In one, the duty defines the contract;
in the other, the contract defines the duty. (quoting from Berry v. Barbour,
279 P.2d 335, 338 (Okla. 1954)).
—Oklahoma Uniform Jury Instructions, § 23.10 citing cases therein at [7].

Contract of sale
A contract of sale is a legal contract an exchange of goods, services or
property to be exchanged from seller (or vendor) to buyer (or purchaser) for
an agreed upon value in money (or money equivalent) paid or the promise to
pay same. It is a specific type of legal contract.
An obvious ancient practice of exchange in many common-law jurisdictions
it is now governed by statutory law that is designed to make transactions
among merchants and consumers straightforward and easy to understand.
See commercial law.
Contracts for sale involving goods are governed by Article 2 of the Uniform
Commercial Code in most United States and Canadian jurisdictions,
however in Quebec such contracts are governed by the Civil Code of
Quebec as a nominate contract in the book on the law of obligations.
[

Sale of Goods Act 1979

The Sale of Goods Act 1979

Parliament of the United Kingdom

Long title: An Act to consolidate

the law relating to the
sale of goods.

Statute book 1979 c 54

chapter:

Territorial extent: England and Wales;

Scotland; Northern
Ireland

Dates

Royal Assent: 6 December 1979

Commencement: 1 January 1980[1]

Status: Substantially amended

Official text of the statute as amended and

 in force today within the United Kingdom,
from the UK Statute Law Database

v·d·e

The Sale of Goods Act 1979 (c 54) is an Act of the Parliament of the United
Kingdom which regulates English contract law and UK commercial law in
respect of goods that are sold and bought. The Act consolidates the
original Sale of Goods Act 1893 and subsequent legislation, which in turn
had codified and consolidated the law. Since 1979, there have been a
number of minor statutory changes and additions to the 1979 Act, and a new
consolidated Sale of Goods Act is perhaps overdue.
The Sale of Goods Act performs several functions. The Act lays down a
small number of compulsory legal rules, but these restrictions are minimal:
the bulk of the Act is concerned with an array of presumptions and implied
terms, which aim to reflect the commercial expectations in the most
commonly agreed sales contracts. In the absence of contrary agreement these
terms will govern a contract within the Act's remit. The benefits in
efficiency (through lower bargaining costs) and legal certainty have led to
many jurisdictions adopting the legislation wholesale, and versions of the
Sale of Goods Act have been adopted in almost all the former territories of
the British Empire and Commonwealth (with the notable exception of
Canada, which has adopted hybrid legislation incorporating elements of the
US Uniform Commercial Code).

Void contract
A void contract, also known as a void agreement, is not actually a contract.
A void contract cannot be enforced by law. Void contracts are different
from voidable contracts, which are contracts that may be (but not necessarily
will be) nullified.
An agreement to carry out an illegal act is an example of a void contract or
void agreement. For example, a contract between drug dealers and buyers is
a void contract simply because the terms of the contract are illegal. In such a
case, neither party can go to court to enforce the contract. A void contract is
void ab initio, i e from the beginning while a voidable contract can be
voidable by one or all of the parties.
A contract can also be void due to the impossibility of its performance. E g:
If a contract is formed between two parties A & B but during the
performance of the contract the object of the contract becomes impossible to
achieve (due to action by someone or something other than the contracting
parties), then the contract cannot be enforced in the court of law and is thus
void. A void contract can be one in which any of the prerequisites of a valid
contract is/are absent for example if there is no contractual capacity, the
contract can be deemed as void. In fact,void means that a contract does not
exist at all. The law can not enforce any legal obligation to either party
especially the disappointed party because they are not entitled to any
protective laws as far as contracts are concerned.
Features of Void agreements:

 An agreement made by incompetent parties (Minor/Lunatic Person) is

void.
 Any agreement with a bilateral mistake is void.
 Agreements which have unlawful consideration is void.
 Agreement with a unlawful object is void.
 Agreements made without consideration is void.
 Agreement in restraint of marriage of any major person is void
(absolute restriction).
 Agreement in restraint of trade is void.(reasonable reason)
 Agreement in restraint of legal proceedings is void.
 An agreement the terms of which are uncertain is void.
 An agreement by way of wager (betting/gambling) is void.
 An agreement contingent upon the happening of an impossible event
is void.
 Agreement to do impossible acts is void
Trade Unions Act,1926.

1. Short title, extent and commencement - (1) This Act may be called the [The
words "India" has been deleted by the Trade Union (Amendment) Act 31 of 1964]
Trade Unions Act,1926.

2. It extends to the Whole of India [Note:- The word "except" the State of Jammu
and Kashmir" have been omitted by Act No.51 The Orient Tavern 1970].

3. It shall come into force on such date as the Central Government by notification in
the Official Gazette, appoint.

Notes

In the year 1925 the Government of India, after consulting the State Governments
drew up a Bill providing for the registration of trade unions and introduced the same
in the Legislative Assembly on the 1st August,1925. The Indian Trade Union Act was
passed in 1926and came into force on the 1st June,1927.

Although two amending Acts were passed in 1928 and 1942, no major changes were
introduced in the Act till 1947. In 1947, an amending Acct was passed which
provided for compulsory recognition of the representative Unions by the employers,
and listed certain practices on the part of recognized Unions. These provisions of the
amended Act, however, have not been brought into force.

THE TRADE UNIONS ACT, 1926

[16 OF 1926]
1
An Act to provide for the registration of Trade Unions and in certain
respects to
define the law relating to registered Trade Unions
2
.[***]
WHEREAS it is expedient to provide for the registration of Trade Unions
and in
certain respects to define the law relating to registered Trade Unions
2
.[***]
It is hereby enacted as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the
3
[***] Trade Unions Act, 1926.

4
[(2) It extends to the whole of India
5
[***]
(3) It shall come into force on such date
6
[***] as the Central Government may
by notification in the Official Gazette, appoint.
2. Definitions
In this Act
7
[“the appropriate Government” means, in relation to Trade Unions whose
objects are not confined to one State, the Central Government, and in
relation to other
Trade Unions, the State Government, and], unless there is anything
repugnant in the
subject or context,¾
"executive" means the body, by whatever name called, to which the
management of
the affairs of a Trade Union is entrusted;

1
For Statement of Objects and Reasons, see Gazette of India, 1925, part V,
page 8,and for report of
select committee, see Gazette of India, 1925, part IV page 197.
2
Words in the “Provinces of India”, omitted by Act 42 pf 1960.
3
Word “Indian” omitted by Act 38 of 1964.
4
Substituted by the adaptation of Law of Order, 1950.
5 Words "except the State of Jammu and Kashmir" substituted for words
“except Part B States” by Act
3 of 1951, omitted by Act 51 of 1970.
6
1-6-1927, see Gazette of India, 1927, Part I, page 467.
7
Inserted by the Government of India (Adaptation of Indian Laws) Order,
1937.Downloaded from www.icsf.net
FOR INFORMATION ONLY
Disclaimer: While all efforts have been made to maintain the accuracy of the
information
provided, the Official Gazette may be referred to for an authentic version.
ICSF will not be
responsible for any loss to any person caused by any shortcoming in the
information provided.
Any discrepancies may be brought to our notice.
Page 2 of 15
(b)
8
[office-bearer]", in the case of a Trade Union, includes any member of
the executive thereof, but does not include an auditor;
(c) "prescribed" means prescribed by regulations made under this Act;
(d) "registered office" means that office of a Trade Union which is
registered
under this Act as the head office thereof;
(e) "registered Trade Union" means a Trade Union registered under
this Act;

9
[(f) "Registrar" means¾
(i) a Registrar of Trade Unions appointed by the appropriate Government
under
section 3, and includes any Additional or Deputy Registrar of Trade
Unions; and
(ii) in relation to any Trade Union, the Registrar appointed for
the State
in which the head or registered office, as the case may be, of the Trade
Union is
situated ;]
 (g) "trade dispute" means any dispute between employers and
workmen or
between workmen and workmen, or between employers and employers
which is
connected with the employment or non-employment, or the terms of
employment or the conditions of labour, of any person, and "workmen"
means all
persons employed in trade or industry whether or not in the employment
of the
employer with whom the trade dispute arises; and
(h)"Trade Union" means any combination, whether temporary or
permanent,
formed primarily for the purpose of regulating the relations between
workmen and
employers or between workmen and workmen, or between employers and
employers,
or for imposing restrictive conditions on the conduct of any trade or
business, and
includes any federation of two or more Trade Unions:
Provided that this Act shall not affect—
(i) any agreement between partners as to their own business;
(ii) any agreement between an employer and those employed by him
as to such
employment; or
(iii) any agreement in consideration of the sale of the good-will of
a
business or of instruction in any profession, trade or handicraft.

8
Substituted by Act 38 of 1964, for word "officer", w. e. f. 1-4-1965.
9
Substituted by Act 42 of 1960.Downloaded from www.icsf.net
FOR INFORMATION ONLY
Disclaimer: While all efforts have been made to maintain the accuracy of the
information
provided, the Official Gazette may be referred to for an authentic version.
ICSF will not be
responsible for any loss to any person caused by any shortcoming in the
information provided.
Any discrepancies may be brought to our notice.
 Page 3 of 15
CHAPTER II
REGISTRATION OF TRADE UNIONS
3. Appointment of Registrars

1
[(1)]
2
[The appropriate Government] shall appoint a person to be the Registrar
of Trade Unions for
3
[each State].

4
[(2) The appropriate Government may appoint as many Additional and
Deputy
Registrars of Trade Unions as it thinks fit for the purpose of exercising and
discharging, under the superintendence and direction of the Registrar, such
powers
and functions of the Registrar under this Act as it may, by order, specify and
define
the local limits within which any such Additional or Deputy Registrar shall
exercise
and discharge the powers and functions so specified.
(3) Subject to the provisions of any order under sub-section (2), where
an
Additional or Deputy Registrar exercises and discharges the powers and
functions of a
Registrar in an area within which the registered office of a Trade Union is
situated,
the Additional or Deputy Registrar shall be deemed to be the Registrar in
relation to
the Trade Union for the purposes of this Act.]
4. Mode of registration

5
[(1)] Any seven or more members of a Trade Union may, by subscribing
their names
to the rules of the Trade Union and by otherwise complying with the
provisions of
this Act with respect to registration, apply for registration of the Trade
Union under
this Act.

6
[(2) Where an application has been made under sub-section (1) for the
registration of
a Trade Union, such application shall not be deemed to have become invalid
merely
by reason of the fact that, at any time after the date of the application, but
before the
registration of the Trade Unio n, some of the applicants, but not exceeding
half of the
total number of persons who made the application, have ceased to be
members of the
Trade Union or have given notice in writing to the Registrar dissociating
themselves from the application.]
5. Application for registration
(1) Every application for registration of a Trade Union shall be made to the
Registrar,
and shall be accompanied by a copy of the rules of the Trade Union and a
statement
of the following particulars, namely: —

(a) the names, occupations and addresses of the members making the
application;
(b) the name of the Trade Union and the address of its head office;
and
(c) the titles, names, ages, addresses and occupations of the
1
[office- bearers]
of the Trade Union.
(2) Where a Trade Union has been in existence for more than one year
before the
making of an application for its registration, there shall be delivered to the
Registrar,
together with the application, a general statement of the assets and liabilities
of the
Trade Union prepared in such form and containing such particulars as may
be
prescribed.
6. Provisions to be contained in the rules of a Trade Union
A Trade Union shall not be entitled to registratio n under this Act, unless the
executive
thereof is constituted in accordance with the provisions of this Act, and the
rules
thereof provide for the following matters, namely: —
(a) the name of the Trade Union;
(b) the whole of the objects for which the Trade Union has been
established;
(c) the whole of the purposes for which the general funds of the Trade
Union
shall be applicable, all of which purposes shall be purposes to which
such funds
are lawfully applicable under this Act;
(d) the maintenance of a list of the members of the Trade Union and
adequate facilities for the inspection thereof by the
2
[office-bearers] and members
of the Trade Union;
(e) the admission of ordinary members who shall be persons actually
engaged
or employed in an industry with which the Trade Union is connected, and
also the
admission of the number of honorary or temporary members as
1[office-bearers]
required under section 22 to form the executive of the Trade Union;
(f) the conditions under which any member shall be entitled to any
benefit
assured by the rules and under which any fine or forfeiture may be imposed
on the
members;
(g) the manner in which the rules shall be amended, varied or
rescinded;
(h) the manner in which the members of the executive and the other
1
[office-

1
Substituted by Act 38 of 1964 for word “officers”, w. e. f. 1.4.1965.
2
Substituted by Act 38 of 1964 for “officers”, w. e. f. 1.4.1965.
1
Substituted by Act 38 of 1964 for “officers”, w. e. f. 1.4.1965.Downloaded
from www.icsf.net FOR
INFORMATION ONLY
Disclaimer: While all efforts have been made to maintain the accuracy of the
information
provided, the Official Gazette may be referred to for an authentic version.
ICSF will not be
responsible for any loss to any person caused by any shortcoming in the
information provided.
Any discrepancies may be brought to our notice.
Page 5 of 15
bearers] of the Trade Union shall be appointed and removed;
(i) the safe custody of the funds of the Trade Union, an annual audit,
in such
manner as may be prescribed, of the accounts thereof, and adequate
facilities for the
inspection of the account books by the 1*[office- bearers] and members
of the
Trade Union; and
(j) the manner in which the Trade Union may be dissolved.

7. Power to call for further particulars and to require alteration of name

(1) The Registrar may call for further information for the purpose of
satisfying
himself that any application complies with the provisions of section 5, or
that the
Trade Union is entitled to registration under section 6, and may refuse to
register the
Trade Union until such information is supplied.
(2) If the name under which a Trade Union is proposed to be registered
is
identical with that by which any other existing Trade Union has been
registered or,
in the opinion of the Registrar, so nearly resembles such name as to be
likely to
deceive the public or the members of either Trade Union, the Registrar
shall require
the persons applying for registration to alter the name of the Trade Union
stated in
the application, and shall refuse to register the Union until such alteration
has been
made.
8. Registration
The Registrar, on being satisfied that the Trade Union has complied with all
the
requirements of this Act in regard to registration, shall register the Trade
Union by
entering in a register, to be maintained in such form as may be prescribed,
the
particulars relating to the Trade Union contained in the statement
accompanying the
application for registration.
9. Certificate of registration
The Registrar, on registering a Trade Union under section 8, shall issue a
certificate of
registration in the prescribed form, which shall be conclusive evidence that
the Trade
Union has been duly registered under this Act.

10. Cancellation of registration

A certificate of registration of a Trade Union may be withdrawn or cancelled
by the
Registrar- -
(a) on the application of the Trade Union to be verified in such
manner as may
be prescribed, or
(b) if the Registrar is satisfied that the certificate has been obtained
by fraud
or mistake, or that the Trade Union has ceased to exist or has willfully
and after
notice from the Registrar contravened any provision of this Act or allowed
any rule Downloaded from www.icsf.net
FOR INFORMATION ONLY
Disclaimer: While all efforts have been made to maintain the accuracy of the
information
provided, the Official Gazette may be referred to for an authentic version.
ICSF will not be
responsible for any loss to any person caused by any shortcoming in the
information provided.
Any discrepancies may be brought to our notice.
Page 6 of 15
to continue in force which is inconsistent with any such provision, or
has
rescinded any rule providing for any matter provision for which is required
by
section 6:
PROVIDED that not less than two months' previous notice in writing
specifying the
ground on which it is proposed to withdraw or cancel the certificate shall be
given by
the Registrar to the Trade Union before the certificate is withdrawn or
cancelled
otherwise than on the application of the Trade Union.
1
[11. Appeal
(1) Any person aggrieved by any refusal of the Registrar to register a Trade
Union or
by the withdrawal or cancellation of a certificate of registration may, within
such
period as may be prescribed, appeal—
(a) where the head office of the Trade Union is situated within the
limits of a
Presidency-town
2
[***], to the High Court, or
(b) where the head office is situated in any other area, to such
Court, not
inferior to the Court of an additional or assistant Judge of a principal Civil
Court of
original jurisdiction, as the
3
[appropriate Government] may appoint in this behalf
for that area.
(2) The appellate Court may dismiss the appeal, or pass an order directing
the
Registrar to register the Union and to issue a certificate of registration under
the
provisions of section 9 or setting aside the order for withdrawal or
cancellation of the
certificate, as the case may be, and the Registrar shall comply with such
order.
(3) For the purpose of an appeal under sub-section (1) an appellate Court
shall, so far
as may be, follow the same procedure and have the same powers as it
follows and has
when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and
may
direct by whom the whole or any part of the costs of the appeal shall be paid,
and such
costs shall be recovered as if they had been awarded in a suit under the said
Code.
(4) In the event of the dismissal of an appeal by any Court appointed under
clause (b)
of sub-section (1), the person aggrieved shall have a right of appeal to the
High
Court, and the High Court shall, for the purpose of such appeal, have all the
powers of
an appellate Court under sub-sections (2) and (3), and the provisions of those
subsections shall apply accordingly.]
 workmen’s Compensation Act, 1923
&
Workmen’s Compensation Rules, 1924

Object: The objective of this Act is that in the case of an employment

injury compensation be provided to the injured workman and in case of his
death to his dependants. Employer to pay compensation: In case a personal
injury is caused to a workman by accident arising out of and in the course of
his employment, his employer is liable to pay compensation in
accordancewith the provision of the Act within 30 days from the date
when it fell due otherwise he would also be liable to pay interest and
penalty. When employer is not liable: In case the disablement of workman
is three or less days; except in case of death when the injury is caused due to
influence of drink or drug taken by the workman or upon his wilful
disobedience to obey safety rules or removal of safety guards by him.
Amount of compensation : (1) in case of death:- an amount equal to 50% of
the monthly
wage multiplied by the relevant factor as given in Schedule IV of the Act or
Rs. 80,000/-
whichever is more. (2) In case of permanent total disablement, it is 60% or
Rs. 90,000/-
whichever is more and (3) In case of permanent partial disablement occurs
then the
compensation is proportionate to the disability arrived as at (2) above.
Notice: An injured person or his dependants have to give a notice to the
employer to pay
compensation.
Claim: Upon the failure or refusal of an employer to give compensation, an
application is
to the made in Form - F to the Commissioner under the Workmen's
Compensation Act,
1923 who is the Assistant Labour Commissioner or the Labour-cum-
Conciliation Officer
of the area where the accident took place or where the claimant ordinarily
resides or
where the employer has his registered office. After hearing both the parties,
the
Commissioner decides the claim.
Contracting out: Any contract or agreement whereby an injured person or his
dependant
relinquishes or reduce his right to receive compensation is null and void to
that extent.
Appeal: An appeal lie to the High Court against the orders of the
Commissioner with
regard to the awarding or refusing to award compensation, or imposing
interest or
penalty, or regarding distribution of compensation etc.
Recovery : The amount of compensation awarded by the Commissioner is to
be
recovered as arrears of land revenue.

THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

(ACT NO. 19 OF 1976)

[9th February, 1976.]

An Act to provide for the abolition of bonded labour system with a view to
preventing the economic and physical exploitation of the weaker sections of
the
people and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of

India as
follows: --

CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. - (1) This Act may be called the
Bonded
Labour System (Abolition) Act, 1976.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 25th day of October,
1975.
2. Definitions. - In this Act, unless the context otherwise requires, --
a) "advance” means an advance, whether 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);
(b) "agreement" means an agreement (whether written or oral, partly written
and partly oral) between a debtor and creditor and includes an agreement
providing for forced labour, the existence of which is presumed under any
social custom prevailing in the concerned locality.
Explanation. --The existence of an agreement between the debtor and
creditor
is ordinarily presumed, under the social custom, in relation to the following
forms of forced labour, namely: --
Adiyamar, Baramasia, Basahya, Bethu, Bhagela, Cherumar, Garru-galu,
Hali,
Hari, Harwai, Holya, Jana, Jeetha, Kamiya, Khundit-Mundit, Kuthia,
Lakhari, Munjhi, Mat, Munish system, Nit-Majoor, Paleru, Padiyal,
Pannayilal, Sagri, Sanji,Sanjawat, Sewak, Sewakia, Seri, Vetti;