Act 006 of 1869 : Emigration of Native Labourers (Amendment) Act, 1869

Section 1. Probable length of winter voyage from Madras, to Reunion or Mauritius

1. Probable length of winter voyage from Madras, to Reunion or Mauritius.- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 1 read as:

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1. Probable length of winter voyage from Madras, to Reunion or Mauritius.- The probable length of the voyage from Madras to Reunion, Mauritius, or Seychelles shall, notwithstanding anything contained in Act No. XLYI of 1860 (to authorize and regulate the emigration of Native Labourers to the French Colonies) or Act No. XIII of 1864 (to consolidate and amend the law relating to the emigration of Native Labourers), section eight, be deemed to be, between the months of November and March inclusive, six weeks.

Section 2. Licensing of recruiters

2. Licensing of recruiters.- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 2 read as:

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2. Licensing of recruiters.- For section 24 of the said Act No. XIII of 1864 the following shall he substituted:-

"24. Persons to license recruiters.- The protector of emigrants at each of the three ports aforesaid and the British consular agent at each of the French Ports in India, shall license so many fit persons as shall to him seem necessary to he recruiters of labourers, and no person shall act or he employed as a recruiter of labourers except under a license from such Protector of Emigrants or British consular agent."

Section 3. Refund of fee for emigration

3. Refund of fee for emigration.- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 3 read as:

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3. Refund of fee for emigration.- For section 31 of the said Act No. XIII of 1864 the following shall he substituted:-

"31. Fee for emigration.- For the registration of every emigrant, the recruiter shall pay to the Magistrate a tee of one rupee. Un proof of the desertion of any emigrant before embarkation, the fee paid in respect of such emigrant may be refunded by the Magistrate to the recruiter by whom it was paid, under such rules as shall from time to time he made in that behalf by the Governor General of India in Council."

Section 4. Time of sailing for places west of Cape

4. Time of sailing for places west of Cape.-¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 4 read as:

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4. Time of sailing for places west of Cape.- Notwithstanding anything contained in the same Act, section forty-five, the Local Government may, in cases of emergency, permit emigrants for any place west of the Cape of Good Hope to leave the port of Calcutta between the thirty-first day of July and the hr day of April.

Section 5. Increase of space allowed to adult emigrants

5. Increase of space allowed to adult emigrants.-¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 5 read as:

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5. Increase of space allowed to adult emigrants.- Notwithstanding anything contained in the same Act, section forty-seven, no compartment in an emigrant ship shall take more than one adult emigrant for every twelve superficial feet on deck and, for every cubic space of seventy-two feet, or more than one child who shall have completed two and shall not have completed ten years of age for every eight superficial feet on deck.

Section 6. Power to prohibit emigration

6. Power to prohibit emigration.- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 6 read as:

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6. Power to prohibit emigration.- Whenever the Governor General of India in Council or the Local Government has reason to believe that in any place to which emigration is lawful, the plague or other infectious disease dangerous to human life has broken out,

or that proper measures have not been taken for the protection of emigrants immediately upon their arrival in such place or during their residence therein,

or for their safe return to India,

or to provide a return-passage to India for any such emigrants at or about the time at which they are entitled to such return-passage,

the said Governor General in Council or the Local Government may, by notification published in the Gazette of India or the local Gazette (as the case may be), declare that emigration from British India or from the territories subject to the Local Government (as the case may he) to such place shall cease and he prohibited from a certain day to he specified in the notification.

Any notification issued by the Local Government under this section may be cancelled by order of the said Governor General in Council.

Section 7. Power to relax rule as to proportion of women

7. Power to relax rule as to proportion of women.- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 7 read as:

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7. Power to relax rule as to proportion of women.- Notwithstanding anything contained in the said Act No. XIII of 1864, section sixty-three, or in any rules made or to he made by the Governor General of India in Council pursuant thereto, the Local Government may, in cases of emergency, permit any vessel carrying emigrants to leave the port of Calcutta, although the proportion of women embarked on hoard such vessel is not in accordance with the said rules.

Section 8. "Magistrate of the District"

8. "Magistrate of the District".- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 8 read as:

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8. "Magistrate of the District".- The third clause of section two of the same Act is hereby repealed, and the phrases "Magistrate of such District" and "Magistrate of the District," wherever they occur in such Act, shall be held to mean any officer exercising in such District the full powers of a Magistrate.

Section 9. Power to increase fees

9. Power to increase fees.- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 9 read as:

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9. Power to increase fees.- The Governor General of India in Council may, from time to time by notification in the Gazette of India, increase any fee payable under sections nineteen, twenty-seven and thirty-four of the said Act No. XIII of 1864, and may also in like manner reduce to its present amount any fee so increased: Provided that no fee shall he increased under this section by more than double such amount.

Section 10. Repeal of Act XIII of 1884, sections 55, 56, 57, 80

10. Repeal of Act XIII of 1884, sections 55, 56, 57, 80.- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 10 read as:

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10. Repeal of Act XIII of 1884, sections 55, 56, 57, 80.- Sections fifty-five, fifty-six, fifty-seven and eighty of the said Act No. XIII of 1864, are hereby repealed.

Section 11. Indemnification

11. Indemnification.- ¹[* * *]

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Prior to repealed by Act 7 of 1871, Section 11 read as:

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11. Indemnification.- All persons are hereby indemnified for anything done before the passing of this Act which might lawfully have been done if this Act had been in force; and no suit or other proceeding shall he maintained against any such person in respect of anything so done.

Commencement of Act.- This section shall come into operation at once: section 2 shall be deemed to have come into operation on the eighteenth day of March 1864; and the rest of this Act shall come into operation on the first day of May 1869.