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Act No. XX. of 1883. (Panjab.)

1/96 X VT 97

Act No. XXI. of 1883. Su Xvill go RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE

18TH DECEMBER 1883.
THE INDIAN EMIGRATION ACT, 1883.

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RECRUITERS.

PORTS FROM WHICH, AND COUNTRIES TO

WHICH, EMIGRATION IS LAWFUL. 7. Ports from which emigration is law.

ful. 8. Countries to which emigration is

lawful. 9. Power for Governor General in Coon.

cil to prohibit emigration to any

country. 10. Power for Local Government to sus

pend emigration pending reference

to Governor General in Council. 11. Revocation of prohibition. 12. Power for Local Government to pro.

bibit emigration to specified coun. try from the whole or any specified

part of its territories. 13. Saving for acts done before publica

tion of notification.

20. Protector of Emigrants to license

recruiters. 21. Form of license. 22. Duration of license. 23. Countersignature of license. 24. Power for Magistrate to cancel coun

tersignature in certain cases. 25. Notice to Protector of Emigrants of

countersignature, refusal to coun. tersign or cancellation of counter

signature. 26. Recruiter to be supplied with state.

ment of terms of agreement he is

authorized to offer. 27. Accommodation to be provided by

recruiters.

CHAPTER III.

EMIGRATION AGENTS. 14. Appointment of Emigration Agents. 16. Remuneration of Agents.

CHAPTER VI. REGISTRATION OF EMIGRANTS AND EXECUTION

OF AGREEMENTS TO EMIGRATE. 28. Power for Local Government to

appoint Registering Officers. 29. Execution of agreements.

CHAPTER IX.

Sections. 30. Appearance of intending emigrants

before Registering Officer. 31. Examination and registration of emi.

grant. 32. Power to refuse registration in case

of married women. 33. Examination of dependent. 34. Record of reasons for refusal to

register. 35. Execution and attestation of agree

ment. 36. Contents of agreement. 37. Disposal of copies of agreement. 38. Fee for preparation of agreement. 39. Power to make agreement if over 16.

Power to make agreement on behalf

of child or ward.

EMIGRANT-VESSELS. Sections. 54. Master of emigrant-vessel to be

licensed. 55. Application for license. 56. Survey and licensing of vessel. 57. Accommodation required on board

emigrant-vessel. 58. Rules as to space on board emigrant

vegsel. 59. Provisions, clothing, fnel and water. 60. Surgeons, attendants, medicines and

stores, 61. Duty of Protector and Medical In

spector with respect to enforcement

of foregoing sections. 62. Boud to be executed by master of

emigrant-vessel.

40.

CHAPTER VII.

EMIGRATION DEPOTS.

41. Depôts to be established at ports of

embarkation. 42. Licensing of depôts. 43. Inspection by Protector and Medical

Inspector. 44. Report by Medical Inspector. 45. Treatment of emigrant suffering

from disease.

CHAPTER VIII.

CONVEYANCE OF EMIGRANTS TO DEPÔTS AND

PROCEDURE ON ARRIVAL. 46. Emigrant not to be removed before

registration. 47. Conveyance of emigrant to depôt. 48. Report of arrival at depôt. 49. Examination by Medical Inspector. 50. Power for Protector to order pay.

ment of expenses of return of

emigrant in certain cases. 51. Payment of expenses of dependents

and relatives. 52. Compensation to emigrant for ill

treatment on journey. 53. Power for Protector to pay and

recover expenses incurred on be

balt of emigrant.

CHAPTER X. ENBARKATION AND DEL'ARTURE. 63. Time of embarkation after arrival. 64. Time at which emigrant.vessels may

leave lodia. 05. Procedure if emigrant refuses to

embark. 66. List of, and passes for, emigrants. 67. Disposal of the two copies of list to

be given by master to Protector. 08. Disposal of the two copies of list to

be given by master to Emigration

Agent. 69.

Examination of emigrants by Medi.

cal Iuspector. 70. Emigration Agent to deliver agree.

ments to emigrate to master. 71. Certificates from Protector of Emi.

grants and Emigration Agent. 72. Copies of Act and rules to be kept

on board. 73. Fee for each embarked emigrant. 74. Duty of master to see to observance

of Act and rules on board his

vessel. 75. Return of pass to emigrant. Special Provisions as to Vessels sailing

from Calcutta. 76. Emigrant-vessels sailing from Cal

cutta to depart witbin 24 hours of embarkation.

Sections 77. Emigrant-vessel sailing from Calcutta

to be towed to sea. 78. Power of surgeon of emigrant-vessel

leaving Calcutta to require sick

emigrants to be sent to hospital. 79. Power of surgeon of emigrant-vessel

leaving Calcutta to require all emigrants to be landed when cho. lera appears.

Sections. 94. Emigrant deserting from depôt or

failing to embark, 95. Causing or permitting embarkation

of emigiant in contravention of

section 63. 96. Institution of prosecutions. 97. Defence to charges of desertion. 98. Power for Customs-officers to search

and detain for purposes of Act.

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CHAPTER XIL.

OFFences. 82. Unlawful recruiting. 83. Recruiters removing unregistered

emigrants to depôt. 84. Fraudulently inducing Native to

emigrate. 85. False representation of Government

authority. 86. Receiving emigrants on board vessel

in contravention of Act. 87. Fraudulent acts on part of master. 88. Clearance without compliance with

Act. 89. Failure of master to comply with

provisions as to lists and passes. 90. Master taking on board, after clear.

ance, emigrants not entered in list. 91. Master landing emigrant at other

than specified country. 92. Failure to comply with provisions as

to leaving Calcutta. 93. Emigrant deserting or refusing to

proceed to depôt.

CHAPTER XIII.

SUPPLEMENTAL. 99. Power for Local Government to

appoint Magistrates for purposes of

Act. 100. Suits against Enigration Agent for

breach of duty. 101. Power for Governor General in

Council to determine probable lengths of voyages for purposes of

Act. 102. Emigration to Straits Settlements

and adjoining Native States. 103. Application of Act to emigration

from British ports to French and

Dutch colonies. 104. Application of Act to proceedivgs in

British India connected with emigration from French ports in

India to French colonies. 1'05. Prohibition of departure by land of a

Native of India under an agreement to labour for hire in some country beyond the sea.

SCHEDULE 1.-Countries to which Emigration

is lawful. SCHEDULE II.-Form of Recruiter's License. SCHEDULE III.- Probable Lengths of Voyage

under this Act.

An Act to amend the law relating to the Emigration

of Natives of India. Whereas it is expedient to amend the law relating to the emigration of Natives of India ; It is hereby enacted as follows :

CHAPTER I.
PRELIMINARY.

1. (1) This Act may be called the Indian Emigration Act, 1883.

Short title and extent.

(2) It extends to the whole of British India.

2. Nothing in this Act or in any rule made under this Act shall apply

to any vessel belonging to, or in the service Exemption of Government vessels.

of, Her Majesty or of the Government of India.

3. Except as to the power to make rules, this Act shall come into

force on such day as the Governor General in Commencement.

Council, by notification in the Gazette of India, appoints (a).

4. On and from the day on which this Act comes into force, the Indian

Emigration Act, 1871, and Act No. XIV. of Repeal of enactments.

1872 (to exempt the Straits Settlements from the Indian Emigration Act, 1871) shall be repealed.

5. All notifications issued, contracts entered into, rules and appoint

ments made, and licenses granted under any Saving for proceedings under repealed enactments.

enactment hereby repealed, and in force on

the day on which this Act comes into force, shall (so far as they are consistent with this Act) be deemed to have been respectively issued, entered into, made and granted under this Act.

6. In this Act, unless there is something Definitions.

repugnant in the subject or context, (1) “Emigrate” and “emigration” denote the departure by sea out of British India of a Native of India under an agreement to labour for hire in some country beyond the limits of India other than the island of Ceylon or the Straits Settlements :

Provided that a domestic servant when accompanying his employer shall not be deemed to emigrate within the meaning of the above definition:

(2) “Emigrant” means any Native of India who emigrates, or has emigrated, within the meaning of the above definition, or who has been registered under this Act as an emigrant, and includes any dependent of an emigrant:

(3) “Dependent” means any of the following persons accompanying any emigrant, namely :

(a) any woman who has not entered into an agreement to emigrate

under this Act;
(6) any child in whose name and on whose behalf any such agree-

ment has not been entered into; and
(c) any aged or incapacitated relative or friend :

s. 3(a). -- The 1st April 1886 is so appointed. Soe G. G. 1886, p. 288. 69 91886 A 16 25$

a

(4) “ Magistrate” means, in the Presidency-towns, a Presidency Magistrate, and elsewhere a District Magistrate or Sub-divisional Magistrate, and includes also any person appointed by the Local Government, by name or by virtue of his office, to perform in any local area the functions of a Magistrate under this Act :

(5) “Registering Officer” means any person appointed by the Local Government, by name or by virtue of his office, to perform in any local area the functions of a Registering Officer under this Act:

(6) “ Recruiter" includes a head recruiter or other person who collects or receives emigrants recruited by other persons :

(7“ Vessel” includes anything made for the conveyance by water of '779753656, human beings or property :

(8) “ Emigrant-vessel” means a vessel the master of which is licensed under this Act to carry emigrants therein : and

(95% “Master” means any person (except a pilot or harbour-master)? 8/97832. having for the time being control or charge of a vessel.

CHPTER II.

PORTS FROM WHICH, AND COUNTRIES TO WHICH, EMIGRATION IS LAWFUL.
7. (1) Emigration shall not be lawful except from the ports of Calcutta,

Madras and Bombay, and from such other
Ports from which emigration

ports as the Governor General in Council, is lawful,

from time to time, by notification in the Gazette of India, declares to be ports from which emigration is lawful.

(2) The Governor General in Council may at any time, by a like notification, revoke any notification issued under this section.

(3) The Local Government may, from time to time, by notification in the official Gazette, fix for the purposes of this Act the limits of any port from which emigration is lawful. 3. (1) Emigration shall not be lawful except to the countries specified

in the first schedule hereto annexed, and to Countries to which emigration

such other countries as the Governor Geneis law ful.

ral in Council, from time to time, by notification in the Gazette of India, declares to be countries to which emigration is lawful.

3 tolification auto Seychelles (2) Every notification under this section must contain a declaration

9.99.(1890) that the Governor General in Council has been duly certified that the p248 Government of the country to which the notification refers has made such laws and other provisions as the Governor General in Council thinks sufficient for the protection of emigrants to that country during their residence therein.

telaus r. 572-12-7.

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