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RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 18TH DECEMBER 1883.

THE INDIAN EMIGRATION ACT, 1883.

5/96 x VTI 97

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REGISTRATION OF EMIGRANTS AND EXECUTION OF AGREEMENTS TO EMIGRATE.

28. Power for Local Government to appoint Registering Officers.

29. Execution of agreements.

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Sections.

94. Emigrant deserting from depôt or failing to embark,

95. Causing or permitting embarkation of emigrant in contravention of section 63.

96.

97.

98.

in

99.

Recruiters removing unregistered emigrants to depôt.

84. Fraudulently inducing Native

emigrate.

to

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Institution of prosecutions.

Defence to charges of desertion.

Power for Customs-officers to search and detain for purposes of Act.

CHAPTER XIII.

SUPPLEMENTAL.

Power for Local Government to appoint Magistrates for purposes of Act.

100. Suits against Emigration 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 proceedings in
British India connected with
emigration from French ports in
India to French colonies.

105. Prohibition of departure by land of a Native of India under an agreement to labour for hire in some country beyond the sea.

SCHEDULE L-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.

Short title and extent.

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

(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 of, Her Majesty or of the Government of India.

Exemption of Government vessels.

3. Except as to the power to make rules, this Act shall come into force on such day as the Governor General in Council, by notification in the Gazette of

Commencement.

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 1872 (to exempt the Straits Settlements from

Repeal of enactments.

the Indian Emigration Act, 1871) shall be repealed.

Saving for proceedings under repealed enactments.

5. All notifications issued, contracts entered into, rules and appointments made, and licenses granted under any 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.

Definitions.

6. In this Act, unless there is something 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;

(b) any child in whose name and on whose behalf any such agreement has not been entered into; and

(c) any aged or incapacitated relative or friend:

S. 3(a).—The 1st April 1886 is so appointed. See G. G. 1886, p. 288. 1886 1 p 250

(4) "Magistrate" means, in the Presidency-towns, a Presidency Magistrate, and elsewhere a District Magistrate or a 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 '9153 (56). human beings or property:

(8) "

Emigrant-vessel" means a vessel the master of which is licensed under this Act to carry emigrants therein and

:

(9) "Master" means any person (except a pilot or harbour-master)2 8/97 532. 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, from time to time, by notification in the Gazette of India, declares to be ports from which emigration is lawful.

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.

Countries to which emigration is lawful.

3. (1) Emigration shall not be lawful except to the countries specified in the first schedule hereto annexed, and to such other countries as the Governor General in Council, from time to time, by notification in the Gazette of India, declares to be countries to which emigration is lawful.

3 Arlification not Seychelles selaus N. 572-12-7. G.99.(1898) P. I

(2) Every notification under this section must contain a declaration that the Governor General in Council has been duly certified that the p28 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.

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