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Repealed or not in force

The Indian Emigration Act 1908, 17 of 1908, (Rep., Act 7 of 1922)

110 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. X — .
  3. 1Emigrant-vessel sailing from Calcutta to depart within twenty-four hours of embarkation
  4. I — .
  5. 2(1) In this Act, unless there is anything repugnant in the subject or context,
  6. X — .
  7. 3Power of surgeon of emigrant-vessel leaving Calcutta to require sick emigrants to be sent to hospital
  8. XIV — .
  9. 4Application of Act to emigration from British ports to French and Dutch colonies
  10. 5Application of Act to proceedings in British India connected with emigration from French ports in India to French colonies
  11. II — .
  12. 6(1) Where the Local Government has reason to believe that, in any country to which emigration is law
  13. XIV — .
  14. 7Section 7
  15. VII — .
  16. 8Licensing of depôts
  17. XI — .
  18. 9Delegation to Protector of Emigrants of authority to receive or dispose of applications
  19. III — .
  20. 10Section 10
  21. IV — .
  22. 12Section 12
  23. 13Every Protector of Emigrants, in addition to the special duties assigned to him by this Act or the rules made under this Act, shall
  24. 14Section 14
  25. 15Every Emigration Agent and all persons in charge of, or employed in, any depot established under thi
  26. V — .
  27. 16(1) The Protector of Emigrants at each of the ports from which emigration is lawful shall, on the ap
  28. 17Every license granted under this Chapter shall specify the particular country for which, and the are
  29. 18(1) A license granted under this Chapter shall not be in force for a longer period than one year from the day on which it comes into force
  30. 19(1) A recruiter shall not, in any place beyond the limits of a port from which emigration is lawful,
  31. 20If any Magistrate, having countersigned a recruiter's license, afterwards finds reason to think that
  32. 21Notice to Protector of Emigrants of countersignature, refusal to countersign or cancellation of countersignature
  33. 22Recruiter to be supplied with statement of terms of agreement he is authorized to offer
  34. 23(1) Every recruiter shall provide sufficient and proper accommodation in a suitable place for such i
  35. VI — .
  36. 24The Local Government may appoint any person to perform in a specified area, but subject to
  37. 25Every agreement to emigrate entered into by any person must,
  38. 26Every recruiter who desires to engage any person to emigrate shall appear before a Registering Offic
  39. 27(1) The Registering Officer or Protector shall thereupon examine the person, apart from the recruiter, with reference to his intended agreement
  40. 28(1) Notwithstanding anything contained in the last foregoing section, the Registering Officer or Pro
  41. 29(1) When any person appears before a Registering Officer or Protector under section 26 as a dependen
  42. 30Where the Registering Officer or Protector refuses to register any intending emigrant, he shall record his reasons for the refusal
  43. 31(1) Where
  44. 32Every agreement to emigrate shall contain a copy of the particulars registered concerning the intend
  45. 33When the agreement has been executed and attested,
  46. 34Section 34
  47. 35Notwithstanding anything to the contrary in the Indian Contract Act, 1872, it shall be lawful for an
  48. 36Any person entering into an agreement to emigrate, and being the parent or guardian of a child under
  49. 37Section 37
  50. VII — .
  51. 38Licensing of depôts
  52. 39Section 39
  53. 40Section 40
  54. 41Section 41
  55. VIII — .
  56. 42A recruiter shall not remove or attempt to remove any intending emigrant to a depôt, or induce or at
  57. 43(1) Every emigrant must, after he has been registered under this Act, be conveyed with all convenien
  58. 45(1) The copy of the particulars registered under section 27, received by the recruiter from the Regi
  59. 46Power for Protector to order payment of expenses of return of emigrant in certain cases
  60. 47Section 47
  61. 48If it appears that during the journey to the depot any emigrant has suffered any ill-treatment, or t
  62. 49Power for Protector to pay and recover expenses incurred on behalf of emigrant
  63. IX — .
  64. 50An emigrant shall not be received on board any vessel unless a license to carry emigrants in the vessel has been obtained from the Local Government
  65. 51(1) When the master or owner of any vessel desires to obtain a license to carry emigrants in his ves
  66. 52(1) The Protector of Emigrants shall cause the vessel to be surveyed by a competent person at the co
  67. 53(1) A license shall not be granted under the last foregoing section unless
  68. 54Section 54
  69. 55There shall be on board every emigrant-vessel at the time of departure of the vessel from the port a
  70. 56Every emigrant-vessel shall, at the time of departure of the vessel from the port at which the emigr
  71. 57Duty of Protector and Medical Inspector with respect to enforcement of foregoing sections
  72. 58(1) Every master licensed under this Act shall, on the requisition of the Protector of Emigrants, an
  73. X — .
  74. 59Section 59
  75. 60(1) An emigrant-vessel shall not sail from any port in British India
  76. 61Section 61
  77. 62(1) When any emigrants are about to embark on board any vessel, the Emigration Agent shall supply th
  78. 63Section 63
  79. 64Disposal of the two copies of list to be given by master to Emigration Agent
  80. 65(1) The Medical Inspector shall be present at the embarkation of all emigrants, and shall examine ea
  81. 66Before any emigrant-vessel clears out of any port, the master of the vessel shall obtain from the Pr
  82. 67The master of every emigrant-vessel shall keep on board the vessel during the whole voyage two copie
  83. 68For each emigrant who embarks on board an emigrant-vessel the Emigration Agent shall pay to the Prot
  84. 69Every master licensed under this Act shall see that all the provisions of this Act and the rules made
  85. 70Return of pass to emigrant
  86. 71Emigrant-vessel sailing from Calcutta to depart within twenty-four hours of embarkation
  87. 72Every sailing-vessel leaving the port of Calcutta with emigrants shall proceed from Garden Reach to
  88. 73Power of surgeon of emigrant-vessel leaving Calcutta to require sick emigrants to be sent to hospital
  89. 74Power of surgeon of emigrant-vessel leaving Calcutta to require all emigrants to be landed when cholera appears
  90. XI — .
  91. 75Application for permission to engage Natives of India to depart abroad for certain purposes
  92. 76On receiving an application under section 75 the Local Government may, after such enquiry as may be
  93. 77Appearance of engaged persons before, and registration of names by, Protector of Emigrants
  94. 78Where
  95. 79Delegation to Protector of Emigrants of authority to receive or dispose of applications
  96. 80For the purposes of the application of this Chapter at any port notified under clause (i) of the explanation to section 75
  97. XII — .
  98. 81(1) The Governor General in Council may, by notification in the Gazette of India, make rules consistent with this Act
  99. XIII — .
  100. 82(1) Whoever, except in conformity with the provisions of this Act or of the rules made under this Act,
  101. 83Whoever, being a recruiter licensed under this Act,
  102. 84Whoever, by means of intoxication, coercion or fraud, causes or induces, or attempts to cause or ind
  103. 85Whoever,
  104. 86Any master of a vessel who
  105. 87Any master licensed under this Act who fraudulently does, or suffers to be done, any act or thing wh
  106. 88Any master of an emigrant-vessel who clears, or attempts to clear, his vessel outwards when any of t
  107. 89Any master who receives on board his vessel any emigrants and fails to comply with the requirements
  108. 90Any master who, having cleared his vessel, takes on board any emigrant not entered in the list menti
  109. 91Any master who lands any emigrant in any country other than the country for which he has been
  110. 92Any master of a sailing-vessel leaving the port of Calcutta with emigrants on board who
  111. 93(1) Any emigrant who
  112. 94(1) Any emigrant who
  113. 95Causing or permitting embarkation of emigrant in contravention of section 59
  114. 96Offences against provisions of Chapter XI
  115. 97Prosecutions under sections 86 to 96 both inclusive shall not be instituted except as follows, namely:
  116. 98The following shall be good defences to charges under sections 93 and 94, respectively, namely:
  117. 99All
  118. XIV — .
  119. 100The Local Government may appoint any person to perform within a specified area the functions of a Magistrate under this Act
  120. 101(1) Where an Emigration Agent is chargeable with a breach of any duty to an emigrant arising from an
  121. 102Power for Governor General in Council to determine probable lengths of voyages for purposes of Act
  122. 103On and from such a date as the Governor General in Council may, by notification in the Gazette of In
  123. 104Application of Act to emigration from British ports to French and Dutch colonies
  124. 105Application of Act to proceedings in British India connected with emigration from French ports in India to French colonies
  125. 106Prohibition of departure by land of a Native of India under an agreement to labour for hire in some country beyond the sea
  126. 107The Governor General in Council may, by notification in the Gazette of India, declare that all or an
  127. XV — .
  128. 108Section 108
  129. 109All contracts entered into under the Indian Emigration Act, 1871, and Act No. XIV of 1872 (to exempt
  130. 110The enactments mentioned in the fourth schedule are hereby repealed to the extent specified in the fourth column thereof
  131. VIII — .
  132. 589590 Emigration. [ACT XVII