Repealed or not in force · As amended up to 2026-08
2. (1) In this Act, unless there is anything repugnant in the subject or context,—
(i) "dependent" means any of the following persons accompanying any emigrant, namely:—
(a) any woman who has not entered into an agreement to emigrate under this Act;
(b) any child in whose name and on whose behalf any such agreement has not been entered into; and
(c) any aged or incapacitated relative or friend:
(ii) "emigrant" means any Native of India who emigrates, or has emigrated, within the meaning of clause (iv), or who has been registered under this Act as an emigrant, and includes any dependent of an emigrant:
(iii) "emigrant-vessel"
1908.] Emigration. 575
(Chapter I.—Preliminary.)
(iii) "emigrant-vessel" means a vessel the master of which is licensed under this Act to carry emigrants therein:
(iv) "emigrate" and "emigration" denote the departure by sea out of British India of a Native of India under an agreement to labour for hire in some country beyond the limits of India other than the island of Ceylon or the Straits Settlements:
(v) "labour" means unskilled labour and does not include any work or other occupation of the nature hereinafter referred to in Chapter XI:
(vi) "Magistrate" means, in the Presidency-towns, a Presidency Magistrate, and elsewhere a District Magistrate or a Sub-divisional Magistrate, and includes also any person appointed by the Local Government to perform in any area the functions of a Magistrate under this Act:
THE SECOND SCHEDULE.
618 Emigration. [ACT XVII
(The Second Schedule.—Form of Recruiter's License.)
THE SECOND SCHEDULE.
(See section 17.)
FORM OF RECRUITER'S LICENSE.
Office of the Protector of Emigrants at the Port of
A. B., described in the descriptive roll annexed, is hereby licensed under the Indian Emigration Act, 1908, to be a recruiter of emigrants for [here state the country for which the recruiter is licensed to recruit] in [here specify the area within which the recruiter is licensed to recruit.]
This license will be in force until the ________ of ________ unless previously cancelled.
(Signed) C. D.,
Protector of Emigrants.
Dated the ________ day of ________
Descriptive Roll.
| Name. | Father's name. | AGE. | | Months. | Caste. | | Color. | HEIGHT. | | Feet. | Inches. | Distinguishing marks. | Name of village, local sub-division (tabail, taluq, etc.), and district to which he belongs. |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| | | Years. | | | Color. | | | | | | | | |
1908.] Emigration. 619
(The Third Schedule.—Probable Lengths of Voyage by Sailing Vessel under this Act.)
THE THIRD SCHEDULE.
(See section 102.)
PROBABLE LENGTHS OF VOYAGE BY SAILING VESSEL UNDER THIS ACT.
FROM CALCUTTA—
To Mauritius
{From the month of April to the month of October, both inclusive, ten weeks; and from the month of November to the month of March, both inclusive, eight weeks.}
(vii) "master" means any person (except a pilot or harbour-master) having for the time being control or charge of a vessel:
(viii) "recruiter" includes a head recruiter or other person who collects or receives emigrants recruited by other persons:
(ix) "Registering Officer" means any person appointed by the Local Government to perform in any area the functions of a Registering Officer under this Act: and
(x) "vessel" includes anything made for the conveyance by water of human beings or property.
(2) In case of any doubt or dispute as to whether any person should be deemed—
(a) to emigrate, or
(b) to be a Native of India,
within the meaning of this Act, the question shall be determined by such person and in such manner as the Governor General in Council may, by rules made under this Act, direct, and such determination shall be final.
To Fiji, British Guiana, Trinidad, Grenada, St. Vincent, St. Kitts, Nevis, St. Croix, and Dutch Guiana.
{Eighteen weeks.}
To Natal
{Twelve weeks.}
To Jamaica and St. Lucia
{Twenty weeks.}
FROM MADRAS—
To Mauritius
{From the month of April to the month of October, both inclusive, seven weeks; and from the month of November to the month of March, both inclusive, six weeks.}
To the Seychelles
{During the north-east monsoon, five weeks; and during the south-west monsoon, six weeks.}
To Jamaica, British Guiana, Trinidad, St. Lucia, Grenada, St. Vincent, St. Kitts, Nevis, St. Croix, and Dutch Guiana.
{Nineteen weeks.}
To Natal
{Ten weeks.}
To Fiji
{Seventeen weeks.}
FROM BOMBAY—
To Mauritius
{From the month of April to the month of September, both inclusive, five weeks; and from the month of October to the month of March, both inclusive, six weeks.}
620 Emigration. [ACT XVII
(The Third Schedule.—Probable Lengths of Voyage by Sailing Vessel under this Act. The Fourth Schedule.—Enactments repealed.)
Source: India Code