Repealed or not in force · As amended up to 2026-08
3. That (in addition to the directions contained in the said Schedule) such rules have been complied with as the Governor General in Council, or in his absence, the President in Council, shall from time to time frame, touching the Medical attendance and Medical Stores to be provided, the species of provisions suited to native habits, the number of women that should accompany the Emigrants, or other matters.
VII. And it is hereby, that with reference to Article 7 of the Schedule hereinbefore inserted, the probable lengths of a voyage to the Mauritius from the respective ports aforesaid, shall, for the purposes of this Act be deemed to be for the port of Calcutta,
Between the months of April and October inclusive, ten weeks.
Between the month of November and March inclusive, eight weeks.
For the Port of Madras, between the months of April and October inclusive, seven weeks, and between the months of November and March inclusive, five weeks.
For the Port of Bombay, between the months of April to September inclusive, five weeks, and between the months of October to March inclusive, six weeks.
VIII. And it is hereby enacted, that before any Ship or Vessel shall be cleared out from any of the aforesaid Ports for the Mauritius, it shall be necessary for the Master thereof to deliver to the Emigration Agent so nominated and authorized at such Port as aforesaid the list specified in Article 11 of the Schedule hereinbefore inserted, and to obtain such duplicate thereof as is required by the said Article.
IX. And it is hereby enacted, that if Master of any Ship or Vessel shall at any of the Ports aforesaid take on board such Ship or Vessel any Emigrant Laborer of the description aforesaid, and shall clear such Ship or vessel any Emigrant Laborer of the description aforesaid, and shall clear such Ship or Vessel for the Mauritius without having fully complied with every particular hereinbefore required previous to clearance, he shall be liable, on conviction before any Magistrate or Justice of the Peace, in a penalty of 200 Rs. For every Emigrant Laborer so taken on board his Ship or Vessel.
X. And it is hereby enacted, that if Master of any Ship or Vessel shall, after having cleared such Ship or Vessel at any such Port as aforesaid for Mauritius, take on board any such Emigrant Laborer as aforesaid without having entered such Emigrant Laborer in such list as aforesaid, or without having obtained such duplicate as aforesaid containing the entry of such Emigrant, Prior to clearance, he shall be liable, on conviction, before any Magistrate or Justice of the Peace, in a Penalty not exceeding 500 Rs. For every Emigrant so taken on board his Ship or Vessel.
XI. And it is hereby enacted, that if Master of any Ship or Vessel cleared for the Mauritius as aforesaid shall, after having obtained such Certificate as aforesaid, fraudulently do or suffer to be done any act or thing whereby such Certificate shall become inapplicable to the altered state of the Ship or Vessel, its Passengers, or other matters to which such Certificate relates, such Master shall be liable on conviction, in any Penalty not exceeding 5,000 Rupees, beside incurring a forfeiture of any Bond executed in consideration of any License Obtained for the Vessel as originally described.
XII. And it is hereby enacted, for the greater security against Emigrant Laborers being embarked for the Mauritius contrary to the provisions of this Act, that all the powers vested by law in the Officers of Customs in regard to the searching and detention of Ships or Vessels, or otherwise for the prevention of smuggling on board thereof may be exercised by such Officers for the prevention of the illegal embarkation of such Emigrants as aforesaid on board Ships or Vessels bound for the Mauritius, and of other offences against this Act; and it is further enacted, that all Pilots in the service of the East India Company shall be invested with the same powers and be charged with the same duties as Preventive Officers of Customs in this behalf.
XIII. And it is hereby enacted, that every person who shall attempt by means of intoxication, or by false imprisonment, or other means of crimping to export any native on board any Ship or Vessel contrary to the provisions of this Act, shall be liable to be punished before a Magistrate in a fine not exceeding 500 Rupees, or imprisonment not exceeding six months, provided that nothing in this Act contained shall prevent the offender from being proceeded against by indictment; but the offender shall only be liable to one of these courses of proceeding.
XIV. And it is hereby enacted, that whenever a Vessel shall clear from Calcutta for Mauritius with Emigrant Laborers duly embarked thereon, the Customs Officer on board such Vessel shall countersign the Pass or Certificate brought on board by every such Emigrant Laborer, and shall deep a Register of every such Emigrant Laborer as may come on board. And such Customs Officer shall remain on board such vessel until she shall arrive in Saugor Roads, and shall not come away until a muster of the crew and Passengers has been made in his presence and in that of the Pilot in charge of the Vessel: and after the Customs Officer has taken muster, and quitted the Vessel the Pilot shall continue to exercise the duties indicated in Section XII. of this Act. And it shall be lawful for him if he shall deem it necessary to requires the Master or Commander to take a general Muster of the Crew and Passengers and Emigrant Laborers on board, and to sign a Muster Roll so taken. And every such Custom House officer and Pilot shall make a complete report of the Emigrant Laborers on board of any Ship at the time of his quitting the same, and such report shall contain a declaration, that to the best of the Declarant's belief no additional Coolies have been received on board since obtaining the Certificate, and that nothing else has been done or omitted to be done in the Ship or Vessel contrary to the provisions of this Act, and every such report, or muster, if any, shall be transmitted without delay to the Emigration Agent of the Port. And any Custom House Officer or Pilot who shall willfully make a false, erroneous or incomplete report of the Emigrant Laborers on board of any Ship, or who shall connive at the unauthorized embarkation of any such Emigrant Laborers, shall be liable, besides dismissal, to a fine of 500 Rupees, commutable, if not paid, to imprisonment in the Calcutta Jail for six months, and the penalty shall be adjudged in like manner as similar penalties are adjudged for offences committed in respect to the Customs Revenue.
XV. And it is hereby enacted, that if any person shall forge or shall use knowing it to be forged, and document required by this Act, such person shall be liable to be imprisoned for any period not exceeding seven years.
XVI. And it is hereby enacted, that all the several penalties to which Masters of Ships or Vessels are liable by this Act shall be enforced by information laid before any Justice of the Peace at the instance of the Emigration Agent, or of any Officer appointed for the purpose by the Government of the Place or Presidency, or may be enforced by putting in suit the Bond given by the Master if such Bond has been given in consideration of the licence granted to the Ship.
Source: India Code