STATE Vs. JORAWAR

JUDGEMENT

(1.) THIS is a reference by the District Magistrate of Chamba under Section 438, Criminal P. C., recommending that the conviction of Jorawar under Section 2 of the Chamba Paid Forced Labour Act (III of 2004 B) by the Tahsildar of Tahsil Churah be set aside and the fine of Rs. 5/ imposed upon him refunded.

(2.) THE preamble of the Act states that whereas 'begar' system existed from early days of the Administration, and by its abolition on 10 1 1944 it was experienced that even paid labour on standardized rates was not available for the State duties; it had become necessary to pass the Act in question. Under Section 2 of the Act any adult male tiller of the soil or malguzar, who was not by notification or by reason of ill health or otherwise exempt from rendering forced paid labour, wilfully refused to render it shall be liable to a fine not exceeding Rs. 20/ . Section 3 enabled the person whose services were requisitioned to offer his substitute to do the work. Section 4 provided for the imposition of fine by a revenue Court and for its recovery as an arrear of land revenue. Section 5 provided for an appeal from the order of the fine. Section 6 laid down the special occasions on which alone the said paid forced labour was to be requisitioned. Finally, Section 7 laid down that the payment was to be made in cash at the schedule rates current at the time. This was the entire Act.

(3.) THE reference is accepted and the conviction and sentence of Jorawar are set aside and he is acquitted. The fine, if already realised from him, shall be refunded.