20 Number and year of Act. VII of 1837 ... XVI of 1840 ... Charter Courts power to discharge convicts The whole. An Act concerning the management of Con- The whole. XXIV of 1855... An Act to substitute penal servitude for the XVII of 1860 Sections five, six, seven, nine, ten, eleven, and twelve. An Act to repeal Act V of 1858 (for the punish- The whole. XXV of 1861 VIII of 1863 An Act for the amendment of the law re- Sections forty-nine, forty-nine A, and three hundred and ninety-six. The whole. VIII of 1855 ... An Act to make valid the imprisonment of The whole. II of 1867 XII of 1867 ... An Act to make further provision for the re- The whole. An Act to amend the law relating to the The whole. XXVI of 1869... An Act to correct a clerical error in Act No. The whole. VIII of 1863. ACT No. VII OF 1871. An Act to Consolidate the Laws relating to Emigration of Native III. PROTECTORS OF EMIGRANTS AND MEDICAL INSPECTORS. 6. Appointment of Protectors of Emigrants. 7. No Protector to hold other office without permission. 8. General duties of Protectors of Emigrants. Inspecting vessels with return 9. Appointment of Medical Inspector. 10. Depôts to be established in Calcutta, Madras and Bombay. 11. Licensing of depôts. 12. Inspection by Protector and Medical Inspector. 13. 14. Report to be made by Medical Inspector. Protectors and Medical Inspectors to be deemed public servants. 15. And to have facilities for Inspections, &c. Form of license, and fee therefor. 20. Recruiter to wear badge. 21. Countersignature of recruiter's license. V.-CONTRACTS WITH EMIGRANT LABOURERS. 22. Contracts for labour out of India unlawful, except under this Act. 23. Places for emigration to which contracts may be made with Natives. 24. 25. Power to legalize emigration to other places. Proviso. Contracts may be made for emigration to such other places. 26. From what ports emigration lawful. VI. REGISTRATION OF EMIGRANTS. 27. Natives engaging to emigrate to appear before Magistrate. Examination and registration. 28. Copy of registration to be sent to Emigration Agent and Protector. 29. Registration of Emigrants recruited in presidency towns. 30. Copy of registration by Protector to be forwarded to Agent. 31. Fee for registration. Sections. VII. CONVEYANCE OF EMIGRANTS TO DEPOTS. 32. Conveyance of Emigrant to depôt. Emigrants to be accompanied by Recruiter. Recruiter to provide suitable food and lodging. VIII. ARRIVAL AT DEPOTS AND PROCEDURE THEREON. 33. Arrival at depôt to be reported. 34. Copy of registration to be shewn to Medical Inspector. Emigrants to be inspected by him. 35. When Emigrant to be sent back to place of registration. 36. Failure of Emigration Agent to pay sum required to enable Emigrant to return. 37. Duty of Emigration Agent. Refusal of Agent, without consent of Protector, to be bound by contract made by Recruiter. Suit against Emigration Agent. 38. After examination and Medical Inspector's certificate, Emigration Agent to grant a pass. 39. Protector of Emigrants to attend personally at examination and passing. IX.-EMIGRANT VESSELS. 40. Emigrant not to be received on board an unlicensed ship. Application for license. Survey of vessel. Report after survey, and certificate to Master. Bond to be executed by Master. 41. Space and accommodation required on board Emigrant ships. 42. Provisions, fuel and water. Surgeon, medicines and stores. Supply of water for vessel destined to call at intermediate port. Supply in vessel fitted with distilling apparatus. Protector and Inspector of Emigrants to ensure compliance with above provisions. 43. Supply of extra clothing. 44. Certificates from Protector of Emigrants and from Emigration Agent. X.--EMBARKATION. 45. Emigrants refusing to embark. Proviso. 46. Time of sailing for places east of Cape of Good Hope. For other places. 47. Emigrants unfit to undertake voyage. Provisions of Act to be explained. 48. 49. Pro Procedure on embarkation. Emigrant to give his pass to Master. tector to be personally present. Examination by Medical Officer. One copy of list of Emigrants given to Protector, to be signed and returned to Master. Emigrant not having pass not to be allowed to remain on board. Pass to be returned to Emigrant on arrival at place of destination. 50. Copy of list of Emigrants to be signed by Emigration Agent and returned to Master. And by him to be delivered at place of destination. Protector to send list of Emigrants to Government of place to which they sail. Vessels sailing from Calcutta to depart within twenty-four hours of embarkation. 51. 52. 53. Vessels sailing from Calcutta to be towed to sea. 54. Copies of Act and rules to be kept on board. 55. Taking Emigrants for Seychelles to quarantine-station of Mauritius. XI.-SUPPLEMENTARY POWERS. 56. Power of the Governor General in Council to make rules. 57. Power to prohibit emigration to any place to which emigration is allowed. Sections. 58. Emigration to place mentioned to be suspended. 59. During suspension, laws against emigration to be in force as to place specified. 60. 61. 62. 63. Revocation of suspension. Power to prohibit emigration. Power to increase fees. XII. SPECIAL PROVISIONS AS AT FRENCH COLONIES. Nomination of Agents for Calcutta, Madras and Bombay. Proviso. 64. Powers of Agents. 65. Operations of recruitment. 66. 67. Protector of Emigrants. Contracts of service, with certain exceptions, to be made in India. Effect of contract. 68. Matters to be provided for in contract. 69. Power to extend Act to French Colonies not expressly named. 70. Emigrant vessel to carry an Europoan Surgeon and an Interpreter. XIII. PENALTIES. 71. For making unlawful contract of labour. 72. For recruiting without being licensed. 73. For Recruiter failing to take engaged labourers before Magistrate or Protector. For fraudulently inducing labourer to contract. For not supplying proper food. For not taking labourer to depôt. 74. For forwarding labourers, or allowing them to go, without being duly registered. 75. For false representation of Government authority. 76. For receiving Emigrants in an unlicensed vessel. 77. For clearing ship without complying with rules. 78. For taking on board, after clearance, Emigrants not entered in list. 79. For fraudulent acts whereby certificate becomes inapplicable to vessel. 80. For proceeding to sea without steam. 81. Customs officers may search and detain for purposes of this Act. 82. Prosecutions under this Act where and how instituted. Mode of recovering fines. XIV. MISCELLANEOUS. 83. Probable length of voyages to places mentioned in Section 23. 84. Notification legalizing emigration to new place to give probable length of voyages thither. 85. 86. Exercise of powers of Magistrate of the District under this Act. Acts and rules made under it not to apply to certain vessels. Second Schedule. (Form of Recruiter's license.) Third Schedule. (Convention as to emigration to French Colonies.) WHEREAS it is expedient to consolidate the laws relating to the Emigration of Native Labourers; It is hereby enacted as follows: I. PRELIMINARY. 1. This Act may be called "The Indian Emigration Act, 1871." It extends to the whole of British India ; And it shall come into force on the passing thereof. 2. The Acts mentioned in the first Schedule hereto annexed are repealed. All contracts entered into, appointments made, and licenses granted, under any of the said Acts, shall be deemed to be respectively entered into, made and granted under this Act, 3. In this Act Emigrate" denotes the departure of any Native of India out of British India for the purpose of labouring for hire in some other place; and the word "Emigrant" denotes any Native of India under engagement to emigrate : "Magistrate" denotes any officer exercising the full powers of a Magistrate and in charge of a District, a Division, or a Sub-Division. "Vessel" includes anything made for the conveyance by water of human beings or property, II. EMIGRATION AGENTS. 4. The Government of every place to which emigration is lawful under this Act may, from time to time, appoint a person to act as Emigration Agent in Calcutta, Madras and Bombay, respectively, but such nomination shall be subject to the approval of the Local Government. Every Emigration Agent may be suspended or removed by the Government which appointed him. 5. The remuneration to be given to Emigration Agents shall not depend upon, or be regulated by, the number of Emigrants sent by such Agents, but shall be in the nature of a fixed annual salary. III. PROTECTORS OF EMIGRANTS AND MEDICAL INSPECTORS. 6. The Local Government may appoint a proper person to act as Protector of Emigrants at each of the three ports aforesaid. and may, with the sanction of the Governor General in Council, assign to such person such salary and establish, ment as shall be deemed proper, Every Protector of Emigrants may be suspended or removed by the Local Government to which he is subordinate. 7. No Protector of Emigrants appointed under this Act shall, except with the permission of the Local Government, hold any other office under Government or follow any other profession or occupation, 8. Every Protector of Emigrants, in addition to any special duties assigned to him by this Act, shall, so far as is in his power, generally protect and aid with his advice or otherwise all Emigrants, and shall cause all the provisions of this Act to be duly complied with, He shall also inspect on arrival all vessels bringing return Emigrants to the port at which he is Protector, and enquire into the treatment received by such Emigrants both during the period of their service in the place to which they emigrated and also during the voyage, and shall make a report thereon to the Local Government; and he shall aid and advise such return Emigrants so far as he reasonably can when called upon by them to do so, At each of the three ports aforesaid, the Local Government may appoint a competent person to be Medical Inspector of Emigrants; and may, with the sanction of the Governor General in Council, assign to the Medical Inspector so appointed such salary as is deemed proper, |