Section 75. Application for permission to engage Natives of India to depart abroad for certain purposes

CHAPTER XI. DEPARTURE OF NATIVES OF INDIA BY SEA OUT OF INDIA FOR CERTAIN PURPOSES. 75. Application for permission to engage Natives of India to depart abroad for certain purposes. 76. Applications how to be disposed of. CHAPTER XI. DEPARTURE OF NATIVES OF INDIA BY SEA OUT OF INDIA FOR CERTAIN PURPOSES. 75. (1) Whoever desires to engage any Native of India to depart by sea out of India for the purpose— (a) of working as an artisan, or (b) of any exhibition or entertainment, or (c) of service in any restaurant, tea-house or other place of public resort, or, (d) save as provided in sub-section (2), of domestic service, in any place beyond the limits of India other than the Island of Ceylon or the Straits Settlements, shall apply for the permission of the Local Government having jurisdiction at the port from which such person is to depart, and shall state in his application— (i) the number of the persons whom he proposes so to engage; (ii) the Power of surgeon of emigrant-vessel leaving Calcutta to require all emigrants to be landed when cholera appears. Application for permission to engage Natives of India to depart abroad for certain purposes. 602 Emigration. [ACT XVII (Chapter XI.—Departure of Natives of India by Sea out of India for certain purposes.) (ii) the place or places beyond the limits of India to which such persons and their dependents are to proceed; (iii) the accommodation to be provided for such persons and their dependents until their departure out of India and during the voyage; (iv) the provision to be made for the health and well-being of such persons and their dependents during the period of the proposed engagement, and for their repatriation at the end of such period; (v) the terms of the agreements under which such persons are to be engaged; and (vi) the security in British India which he proposes to furnish for the due observance of such agreements and for the proper treatment of the persons to be engaged and their dependents. (3) Nothing in sub-section (1) shall be deemed to apply to any person who in good faith— (a) engages a Native of India to accompany him out of India as his personal domestic servant, or (b) engages in compliance with the request of some other person, not being in India, a Native of India to depart out of India for the purpose of becoming the personal domestic servant of such other person. Explanation.—For the purposes of this Chapter— (i) the word "port" shall mean a port from which emigration is lawful or any port which the Governor General in Council, by notification in the Gazette of India, notifies in this behalf; and (ii) the 1908.] Emigration. 603 (Chapter XI.—Departure of Natives of India by Sea out of India for certain purposes.) (ii) the words "emigrant" and "emigrate" in the definition of "dependent" in section 2, sub-section (1), clause (i), shall be read as referring to the departure by sea out of India of a person whom it is desired to engage under this Chapter.