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act 004 of 1874 : Foreign Recruiting Act, 1874

Foreign Recruiting Act, 1874

ACTNO. 4 OF 1874
02 December, 1875
An Act to control recruiting in 1[India] for the service of Foreign States

Whereas it is expedient that the Central Government should exercise full control over recruiting in 2[India] for the service of Foreign States; It is hereby enacted as follows:

Section 1. Short title

This Act may be called the Foreign Recruiting Act, 1874.

Local extent. It extends to the whole of India 3[* * *].

4[* * *]

Section 2. Foreign State defined

In this Act

Foreign State includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 5[India].

Section 3. Power to prohibit or permit recruiting

If any person is, within the limits of 6[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the Central Government may, by order in writing 7[* * *], either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

Section 4. Power to impose conditions

The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

Section 5. Power to rescind or vary orders

The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

Section 6. Offences

Whoever, in violation of the prohibition of the Central Government, or of any condition subject to which permission to recruit may have been accorded,

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

Section 7. Place of trial

Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure.8

1. Substituted by Act 3 of 1951, Section 3 and Schedule, for Part A States and Part C States.

2. Substituted by Act 3 of 1951, Section 3 and Schedule, for Part A States and Part C States.

3. The words except Part B States omitted by Act 3 of 1951, Section 3 and Schedule.

4. The commencement clause repealed by Act 12 of 1876, Section 1 and Schedule.

5. Substituted by the A.O. 1950 for the Provinces .

6. Substituted by Act 3 of 1951, Section 3 and Schedule, for Part A States and Part C States.

7. The words signed by a Secretary to the G. of I. omitted by the A.O.

8. See now the Code of Criminal Procedure, 1898 (5 of 1898).