act 019 of 1856 : Emigration Act, 1856 [Repealed]

Emigration Act, 1856 [Repealed]

ACTNO. 19 OF 1856
09 July, 1857

Emigration

Repealed by Act, 16 of 1874.
Passed by the Legislative Council of India.

(Received the assent of the Governor General on the 19th September 1856.)

An Act to enable the Governor General of India in Council to suspend the operation of certain Acts relating to the Emigration of Native Laborers.

PREAMBLE

Whereas by several Acts passed by the Governor General of India in Council, the emigration of Native Inhabitants of India to certain British Colonies is authorized, subject to certain regulations for the protection of such emigrants; and whereas it is expedient that the Governor General of India in Council should have power, from time to time, to suspend any of the said Acts so far as they relate to emigration to any Colony or place in which the said Governor General in Council shall have reason to believe that proper measures have not been taken for the protection of the Emigrants immediately upon their arrival thereat or during their residence therein, or for their safe return at or near to the time at which the Government of such Colony or place was bound to find them a return passage to India: It is enacted as follows:

Section 1. Governor General in Council empowered in certain cases to prohibit by notification the emigration of Native laborers to any Colony to which emigratoin is allowed bylaw

Whenever the Governor General of India in Council shall have reason to believe that, in any Colony or place to which the emigration of Natives of India is allowed, proper measures have not been taken for the protection of such Emigrants immediately upon their arrival in such Colony or 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, it shall be lawful for the said Governor General in Council, by notification in the Calcutta Gazette, to declare that the emigration of Natives of India to such Colony or place shall cease and be prohibited from a certain clay to be specified in the notification.

Section 2. Operation of any Act, per-milting emigration, to be suspended from the day specified in the notification

After the notification shall have been so published, the operation of any Act by which the emigration of Natives of India to such Colony or place is allowed, shall be suspended from the day specified in the notification, so far as such Act authorizes emigration of Natives of India to such Colony or place; but such suspension shall not affect any act done, offence committed, or proceedings commenced before such suspension.

Section 3. During such suspension all the laws against emigration shall be in force as to the Colony specified in the notification

During the time of such suspension, any Act in force for the time being which prohibits the emigration of Natives of India, or the aiding or abetting of such emigration, or the making of any contract for labor to be performed by any Native of India out of the territories of the East India Company, shall take effect and be in force, so far as relates to the Colony or place specified in the notification, in the same manner and to the same extent as if the Act suspended had never been passed.

Section 4. Revocation of suspension

Whenever the Governor General of India in Council shall be satisfied that, in the Colony or place specified in the notification, proper measures have been taken and will be adopted for the protection of Emigrants immediately upon their arrival thereat and during their residence therein, and for their safe return to India, and for providing return passages to India for such Emigrants at or near to the time at which they are entitled to such return passages, it shall be lawful for the said Governor General in Council to notify in the Calcutta Gazette that the emigration of Natives of India to such Colony shall be allowed from a day to be specified in such notification and thereupon any Act which may have been suspended by virtue of this Act shall, from the day so specified, be revived and have the same force and effect as if it had not been suspended, except as to acts done, offences committed, and proceedings commenced during the time of such suspension.