The Bihar and Orissa Kamiauti Agreements Act, 1920

{
    "id": 15710,
    "slug": "the-bihar-and-orissa-kamiauti-agreements-act-1920",
    "title": "The Bihar and Orissa Kamiauti Agreements Act, 1920",
    "short_title": "The Bihar and Orissa Kamiauti Agreements Act, 1920",
    "act_number": "(Bihar and Orissa Act 5 of 1920)",
    "act_year": 1920,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar and Orissa Kamiauti Agreements Act, 1920",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) 'advance' means an advance of money or in kind or partly of money and partly in kind, and includes any transaction which is, in the opinion of the Court, substantially an advance;\n(2) 'executant' means the party to a Kamiauti agreement who undertakes that he or some other person shall perform labour;\n(3) 'kamia' means a person who under the terms of a Kamiauti agreement is to perform labour;\n(4) 'kamiauti agreement' .\n(a) means an agreement written or oral, or partly written and partly oral, wherein the consideration for the performance of labour by any person is or includes one or more of the following, namely, an advance made or to be made to any person, the interest on such advance, a debt due by any person, the interest on such debt; and\n(b) includes any transaction which, in the opinion of the Court, is substantially such an agreement; but\n(c) does not include\n(i) an agreement to work entered into by a skilled workman,\n(ii) an agreement to work outside the area to which this Act extends, or\n(iii) an agreement to supply a cart and cartman.\n(5) 'labour' means agricultural labour and includes domestic service or labour whether indoor or outdoor.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. In subsisting kamiauti agreements, labour deemed performed and advance and debt discharged after one year.",
            "chapter": null,
            "content": "(a) all the stipulated labour to have been duly performed, and every obligation to perform labour or to provide a kamia to have been discharged;\n(b) the advance, principal and interest, to have been repaid;\n(c) the debt and interest thereon to have been discharged.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Future kamiauti agreement unless satisfying certain conditions void and inadmissible to registration.",
            "chapter": null,
            "content": "(i) unless the full terms of the agreement between the parties are expressed in an instrument duly stamped according to the law for the time being in force;\n(ii) unless the person making the advance or to whom the debt is due, delivers to the executant a counterpart of the said instrument at the time of the execution of the instrument;\n(iii) if the period expressed or implied during which the labour is to be performed exceeds, or might in any possible event exceed, one year;\n(iv) unless it provides that on the expiry of the period during which the labour is to be performed, all liability shall be extinguished in respect of any advance, debt or interest which is the consideration or part of the consideration of the agreement;\n(v) unless it provides for a fair and equitable rate of remuneration for the labourer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Kamiauti agreement void on death of labourer or other executant, and liability to labour extinguished.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Bar to suits on kamiauti agreements when void.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Bar to suits on kamiauti agreements except for recovery of value of labour not performed without just cause.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        }
    ],
    "metadata": {
        "Act ID": "bh385",
        "Act Number": "(Bihar and Orissa Act 5 of 1920)",
        "Enactment Date": "",
        "Act Year": "1920",
        "Short Title": "The Bihar and Orissa Kamiauti Agreements Act, 1920",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}