Repealed or not in force · As amended up to 2026-08
4. Grataitoos medical treatmelit for the emigrant, except in cases where, in the opinion of the proper Governmei~t officer, his illness shall have ariscn from his own misconduct.
I n every contract of engagement there shall be inserted an exact copy of' Articles IX, X, XX ancl XXI of' the present Convention.
AILT~CLS IX.
4. If he consents to coiltract a new engagement, hc will be itlecl tu ;L Luunty, a ~ ~ d will retain his right to a return-passage at the expiration of this second engagement.
Tlle right of the immigrant to a return-passage exteqds to llis wife, and to his children who quitted India under the age of ten years, as well as to those born ill the Colonies.
A~~T,TICI.J~ `X.`
Tlie iil~n~igrailt shall not be bonnd to morlr more than six days ill seveli nor more than nine hoars allcl a half a day. Thc conditions of task-nrorlr and evcry other birlcl of regulation for worlr, shall be freely arraugrd ' with the labourer. Tllc obligation to provide, on holidays, for the care of ailin~als and the necessilies of daily life, shall not be considered as work. ARTICLE XI. In British Ports, the arrai~gemeilts which precede the a g a r - ture of the emigrants shall be conformable to those prescribed by the reg~~lations for the British Colonies.
I n French Ports, the Emigration Agent or his deputies shall, on the departure of every emigrant ship, deliver to the British f t Cousular Agent a nominal list of the emigrants who are sub- `n` jects of Herm Britannic Majesty, with a description of their perw11s, 211~1 shall alsn commonicate to him tho coiltracts of which hc may require copies.
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I n such case, only oiie copy shall be given of all contracts of which the provisions are identical.
AILTLTICLE XII.
AILTLTICLE XII. In the ports of embarkation, the emigrants wlio are su1,- the ports of embarkation, the emigrants wlio are su1,jects of Her Britanilic Majesty sball be at liberty, conforming to the regulations of Police relative .to such establishments, to leave the depbts, or other place in which they may bc lodged, in order to communicate with the British Agents, who, on their part, may at any reasonable hour visit the places + in n~hich the emigrants, sulxjects ul Her B1.itaiinic Majesty, are n~hich the emigrants, sulxjects ul Her B1.itaiinic Majesty, are collected or lodged.
In the ports of embarkation, the emigrants wlio are su1,- the ports of embarkation, the emigrants wlio are su1,jects of Her Britanilic Majesty sball be at liberty, conforming to the regulations of Police relative .to such establishments, to leave the depbts, or other place in which they may bc lodged, in order to communicate with the British Agents, who, on their part, may at any reasonable hour visit the places in n~hich the emigrants, sulxjects ul Her B1.itaiinic Majesty, are n~hich the emigrants, sulxjects ul Her B1.itaiinic Majesty, are collected or lodged.
A ~ T I C I ~ XIII.
Emigrants may leave India for the Coloilies to the East of thc Cape of Good IIopc at all lirlles of the yew.
Foi. otjlwr Colouies they msy lenvc only from thc firsf, of A u g u s ~ to the fifteenth uf Marcll. This arrangelneut apl)lius
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otdj to :ailing vesscls ; vessels using ham-po.cver inay leave nt any tinie of the year.
Every eiiiigrant sailing from Indin for the hnt,illes, between the first of March and the fifteenth of September, shall reEeive at least oiie double blanket over and above the clothing nsunlly allowed to him, and may make use of it so long as the vessel `n` outside of the Tropics.
ARTICLE XIV.
Every emigrant vesscl must carry an European Surgeon and an Interpreter.
The Captains of emigrant vessels shall be bouild to take charge of' any despatch which may hc delivered to thcm 1)y the British Agent at the port of enibarlratioii for the British Consular Agent at the port of destination, and to cleliver it to the Coloilial Government immediately after his arrival.
ARTICLE
XV.
I11 cvcry vessel employed for the conveyance of emigrants, subjects of Her Britannic Majesty, the emigrants shall occupy, either between cleclrs, or in cabins on the upper dcck firmly secured ancl entirely covered in, a space devoted to their exclusive use. Such cabins and space between decks st~all in every part have a height of not less than five feet and a half. No compartmeilt shall take more than one adult emigrant for cvery cubic space of seventy-two feet in the Presidency of Rengal and at Chandernagore, ancl for every cubic space of sixty feet in other Freilch Ports, and in the Presidencies of Bombay aiid Maclras.
An emigrant above the age of ten years shall count as an ndult, and two children from one to ten years of age shall coullt `as` one ndult.
A place shall be fitted up for a hospital in every emigrant ship,
Women and children shall occupy conlpartments of the vessel distinct and separate from those of the men.
ARTI~LE
XVI.
Each shipment of emigrants shall include a proportion of women equal to at least one-fourth of the number of men. After thc expiration of three years, the numerical proportion of women shall be raised to one-third; after two gears more, it shall be raised to one-half; and after a further period of two years, the proporti011 shall be the sanie as may be fixed for the British Coloaies.
ARTICLE XT7II.
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The British Agents at the embarkation shall have, at all reasnnahle times, the right of access to every pnrt of tlie ship
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ARTICI,II: XTIII.
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ARTICLE XVTIT.
The Govcr~lors of the I"rcnch esta1jlishments in IIL~!J:L <hall ma e sucll ad~vinistrative regulations as may be necessary k to ensure the conlplete execution of the preceding stil~ulations.
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ARTICLE XIX.
On the arrival of an emigrant ship in any FrencIl Colony, t l ~ e Government shall cause to be tmnsmittcd to the I3i.iki.A Consular Agent ally despatches which it may have recci~etl for him, together with- 1. A nominal list of all labourers disembarked who al' ALL^^jects of Her Britannic Majesty.
2. A list of the deaths or births \\~hich mag. hale t~lkcr~ ~)l,zce during the voyage.
The Colonial Governnlent shall take the necessary rrnlcnsures to enable the British Consular Agent to cummtulicatc \v~ttl tltc emigrants before their distribution in the Colony. A copy of the "List of Distribution" shall be delivered to the Consular Agent.
He shall be informed of all deaths and births which n ~ y occur during the period of engagemen& as well as of all ch,znges of employer, and of all depa~tures on a return-passage.
Every fresh engagement, os act of renunciation of the right to a free return-passage, shall be communicated to the Consular Agent.
ARTICLE XX.
All immigrants, being subjects of Her Britannic Majesty, shall, in the same manner as other subjects of the British Crown, and conformably to the ordinal;y rules of international law, enjoy, in the French Colonies, the right of claiming the assistance of the British Coilsular Agents; and no obstacle shnll be opposed to the labourer's resorting to the Collsular Agellt and cclmmunicatirlg with him; without prejudice, however, to the obligations arising out of his engagement.
ARTICLE XXI.
I n the distributiou of labourers no husband shall be separated from his wife, nor ally father or mother from their children under fifteen years of age. No labourer shall be required to change his employer without his own consent, uuless he be transferred to the Government, or to the person who has acrluired the prope~ty on which he is employed.
Immigrants who may become permanently incapable of ~vorl:, either by sickuess or by auy other cause beyond the' control, shall he sent I~aclr. at tllc expellse of the 1 ' r e ~ ~ c h ( i o ~ `LC` o\', cra- n n~cnt, whatever time mag still be \\ranting to entitlc tllem tn :I ftec rcturn-pa~snge.
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ARTICLE XXII.
All op~ratio~is of immigration may bc carriccl on in tho Fronch Coloilies by Freileh or British vessels without c1istinction. , British vessels wliieh may engage in those operations shall hc bound to coilforln to all the measures of Police, hcalth, and equipincnt which may apply to Frellcll \*cssols.
ARTICLE XXIII.
The labour regulatio~ls of Martini~~uc shall s c r x as the lrasis for all the regulations of the Frencll Colollics illto which Indian culigrants, subjects of Her Britar~nic >Iajcsty, may I)e ill tr0clnced.
Thc French Government engages not to introdacc into t11o.c rcqnlations ally modification, thc resnlt of wllich \\roald he to 1)lacc the said Jl~tlian s111,jccts in all esccptio~~al l~ositiol~, 01 tll impow cnp011 tl~ein conditioas of' 1al)our ~ntrre stringent than those ~)rescril)ed I)y the snid regulations.
ARTICLE XXIT'.
The present Convention :~pplies to cmiyration t.o tllc Colo11ic.s of Rdunion, Martiniquc, Gnadolonpc ai~d its dependcnries, ant1 Guiana.
I4 may hereafter he applicd to iniinigration to other Colo~iics in which British Consular Agents shall LC est:il>lished.
AI~TICLE XXV.
The provisions of the present Convention relati~c to tllc Indian subjects of Her Britannic Najesty shall apply to tllc Nativcs of every Indian Stnte which is under the >rotection or ~olitical control of Her said Majesty, or of whicl~ the Government shall have acknowleclged the supremacy of the British Crown.
SXVI.
~ ~ E T I C L E
The present Convention shall begin to take eEect on the first of Se~tembei- 1861, and shall continue in full force for three p a l s and a half. It shall remain in full force, if notice for its tel.miuation be not given in the course of the month of September of tllc third year, and then notice call be give11 only in the course of the month of September of each succeeding year.
In case of notice being given for its termination, it shall cease eighteen moilths aiterwerds.
Nevertheless the Governor Ge~lcral of British Illdia i11 Cool,cil shall, in coilformity with the Act of tlle 19th of Scptelllber, 1856, relative to iminigmtioa to British Colonies, the power to suspend at any time emig~ation t.o ally olle OY more of the French Colonies, in the event of his having rcasoll to bclieve that in any such Colony proper lneasurcs 1la1.c llot 1,ccll tnlicn for thc protccti~~a of' the clnigrants i m ~ n ~ d i a t c l ~
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tlicir arrival or during tlioir residcncc therein, or for t,llcir safe rcturn to Inclia, or to 1)ruvicle a return-passage to 1ntli:t for a.11~ srlc11 enligrants nt or aljout thc time at which ihcg arc cntitlccl tan &i1(:11 return-pa,ssa.ge.
I n case, homcver, the power t,hus reserved to the Governor Gcnord of British Il~dia should at any t,irnc 11e excroised, khr: Frcncli Government shall lia,ve the right irnme~li~tely to termirlatc the whole Convention, if they should thinlr proper to do so. Hut, in the rverit of the determination of the i~reseut Convention, from whatever cause, the stipulations relative to Indian sul~j~cts of Her Britannic Majesty introdticed into t,he French Colonies shall be maintainccl in force in favour of the said Indian sul,jects, until t l i y shall either have Ijcen sent back to their own country, or have rc~~ounced thcir right to r return-passage to India.
ARTICLE XXTTII.
Tlle prcsent Conventio~l shall be ratified, ancl the ratifications shall be exchanged at Paris in four weeks, or sooiler if possible. I n witness whereof the res1,ective Plenipotentiaries have signed the sarnc, nnd have affixed thereto the seals of their arms. Doric at Paris, the first clay of July, in tlie year of Our Lord oilc thousand eight hunclred and sixty-one.
(L. s.) COWLEY. IT.. s I THOTTV13NRTI.
His ~ a j l s t y the Emperor of the French having stated that, in couseclnence of the order which he gave long ago that no more African emigrants should be introduced illto the Island of R6union, that Colony has, since last year, had to obtain labourers from India and China; and Her Britannic Majesty having, by a Conveution signed on the 25th of July 1860, between Her Majesty and His Majesty the Emperor of' the French, authorized the Colony of RBuliion to recruit six thousand labourers in Her Indian possessions, it is agreed that the Coilvention of this date shall take effect forthwith, with regard to the said Colony of RBunion.
The lxesent Additional Article shall have the same force and validity as if it were inserted, mord for mord, in the Collventioil signed this daj-. It shall be ratified, and tlie ratifications shall be exchanged at the same time as those of the Convention.
I n witness whereof the respect,ive Plel~ipotentiaries have signed tho Gamc, nlld hnvc ncExcd thorcto the seals of t h e i ~ arms.
Dolie a t Paris, thc 1st of July 1861.
( I s ) COTTLEY. (L. s,) TI-TOUVENEL.
Source: India Code