The Indian Emigration Act 1871, 7 of 1871, (Rep., Act 21 of 1883)

Section 45. If any emigrant without sufficient cause refuses or neglects to embark nrlien called upon by tllc Em

Repealed or not in force · As amended up to 2026-08

45. If any emigrant without sufficient cause refuses or neglects to embark nrlien called upon by tllc Emigration Agent so to do, it sllall not be la~vful to coiu~~el such emigrant to embnrlc or to put him on board-ship against his will, or to clctain bin1 against his will at the depbt or elseu7llere : but nothing in this section shall diminish or affect tlie civil or criminal liabilities which such emigrant incurs bj7 reason or in respect of his refusal or neglect aforesaid.. Evcry case in ~vhich a,n cmigraut is chargecl before a Hagistrate of Police in a p1.esiclency town mrith refusing or neglecting to enibnrk without sufficient cause, shall he heard and determined by such 3ilagistrate in a summary manner, and every such emigrant shall, on conviction, be punished in the manner provided in section four hundred and ninety-two of the Indian Bend Code for the punishmellt of offenoes under that sect' * 1on. F:migraats refbslll~ to e~rtba~k. 1' oviso. Time of sail- 46. Hmigrants may leave India for any place ins for l)'ues East of the Cape of Good I-Fope to whicll emigration East of Cape of(JoodHope. is lawful yrider this Act, at all times of the year. For other For any such place nTest of the Cape of Good Hope, places, emigrants may leave only between the thirty-first day For any such place nTest of the Cape of Good Hope, emigrants may leave only between the thirty-first day of July and tlie first day of March, ullless they embark in vessels usin$ steam-po~ver, in which case they irlay *leaye at any time of tlze year. . Provided 1871.1 Bt7?ig~at ion. Providccl that, ill cases of emergency, the Local Govern 111~11 t 111ay permit emigrants for any place 1;Ikst of the Cape of Good Hope to lcave betuieeiz the thirty-first clay of July and the first clay of April. 47,[The Protector of Emigrants shall, from tlie ] 1111iit[Emigrant ] report of the Xeclical Inspector and by personal corn- de,k,lo niunicatioii with every emig:ant before enzharlcation, vnl.a,-e. ascertain that the einlgrant 1s in good health aancl not incapacitated from labour by old age, bodily infirmity, or disease. 1111iit to unby personal corn- de,k,lo before enzharlcation, vnl.a,-e. `Ti'` t,he Pl-nt~~tor of Eiliigrants is of opinion that a117 emigrant is in a state of health which nialtes him unfit to undertake the voyage on wilich he is abont to cml?arlr, the Proteclor shall refuse to permit liis e~zibarlcatioii, and tlie husl~and; t~ife, father, mother, or chilcl of sl1c11 emigrant may, notwithstanding angthing herein contained, refuse to embark. The Protector of Emigrants shall also, before the ernbarltation of any emigrant, ascertaiiz that he, lias ill his possession the copy of the registration provicled under section twenty-seven or sec6on twentynine. If it appear to the satisfaction of tlie Protector of R m i ~ r a n t ~ o tr1l,zt arly emigrant has lost such copy, the Protector may furnish such emigrant with another copy of such registration, to be made from the copy received by Lhe Protector from the Magistrate under section t~~c~ztg-seven or from the register ltept by himself under section twenty-nine, and shall thereupon allow such emigrant to embark.

Source: India Code