Repealed or not in force · As amended up to 2026-08
CHAPTER XII.
RULES.
Power for Governor General in Council to make rules.
81. (1) The Governor General in Council may, by notification in the Gazette of India, make rules consistent with this Act—
(a) to prescribe the person by whom any doubt or dispute referred to in sub-section (2) of section
1908.] 605
Emigration.
(Chapter XII.—Rules.)
section 2 shall be determined and the procedure to be followed and the proof to be required in such cases;
(b) to provide for the supervision and regulation of places of accommodation provided under this Act, and to define the classes of Magistrates and the officers of Police to be authorized to visit and inspect those places;
(c) to prescribe the form of the register required under this Act, and the particulars to be entered therein, and to regulate the control to be exercised over Registering Officers by the District Magistrate or officer (if any) appointed in this behalf under this Act;
(d) to prescribe the forms of the agreements to be made under this Act, and the particulars to be contained therein, and the language or languages in which agreements must be expressed;
(e) to prescribe the conditions on which licenses for the establishment of depôts under this Act may be given, to provide for the supervision and regulation of depôts, and for the medical care of the emigrants during their residence there, and the measures to be taken on the outbreak of any epidemic or infectious disease there;
(f) to prescribe the forms to be supplied by Emigration Agents and recruiters for the purposes of this Act;
(g) to prescribe the particulars which the owner or master of a vessel applying for a license to carry emigrants in his vessel must state;
(h) to regulate the proportion of women to be ordinarily carried in any emigrant-vessel with
606 Emigration. [ACT XVII
(Chapter XII.—Rules.)
with male emigrants, and to prescribe the arrangements to be made for the separation of women (married or single) and children from the other emigrants on board an emigrant-vessel;
(i) to prescribe the description, quantity and quality of provisions, fuel and water to be taken by emigrant-vessels, the daily allowance of food and water to be issued, and the nature and amount of clothing to be supplied to each emigrant during the voyage;
(j) to fix the number of the compounders, interpreters and attendants subordinate to the surgeon to be carried for the care of the sick or weakly on board each emigrant-vessel;
(k) to prescribe the nature, quantity and quality of medicines and other stores to be carried on board emigrant-vessels;
(l) to provide for the ventilation and cleanliness of every emigrant-vessel during a voyage, and for its being furnished with a sufficient number of life-buoys, boats, water-buckets and other appliances to be used in case of shipwreck or fire;
(m) to prescribe the seasons at which alone emigrant-vessels or specified classes of emigrant-vessels may sail from any port in British India to any country west of the Cape of Good Hope to which emigration is for the time being lawful;
(n) to provide for the disposal of emigrants who may be landed under section 74;
(o) to provide for the medical care of the emigrants on the voyage, and to provide for the measures to be taken on the outbreak of any epidemic or infectious disease on a voyage;
(p) to
1908.] Emigration. 607
(Chapter XII.—Rules. Chapter XIII.—Offences.)
(p) to provide for a journal being kept by the surgeon of every emigrant-vessel, recording the health of the emigrants, and his treatment of the sick, with full explanation of the causes of every death; and to define the duties and powers of the surgeon in respect of the emigrants committed to his care;
(q) to define and regulate the powers and duties of the several officers appointed by the Government under this Act;
(r) generally to provide for the security, well-being and protection of emigrants; and
(s) to carry into effect the provisions of Chapter XI:
Provided that the Local Government may, in special cases, notwithstanding anything contained in rules made under clause (h) of this section, permit an emigrant-vessel to sail, though it does not carry the proportion of women required to be carried in ordinary cases.
(2) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
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Source: India Code