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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.
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
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.
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
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
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
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.
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.
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 :
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;
ment has not been entered into; and
s. 3(a). -- The 1st April 1886 is so appointed. Soe G. G. 1886, p. 288. 69 91886 A 16 25$
(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.
PORTS FROM WHICH, AND COUNTRIES TO WHICH, EMIGRATION IS LAWFUL.
Madras and Bombay, and from such other
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.