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CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

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PUBLIC RECORD OFFICE

Reference :-

C.O.885

21 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

116

LIST (2).

PENALTIES FOR BREACHES OF THE ORDINANCE NOT CONNECTED WITH THE ACTUAL

Ordinance.

No. 1 of 1891 Section 92.

Section 101.

Section 134.

Section 150.

Section 168,

Section 169.

Section 223.

Section 224.

Section 225.

Section 228.

Section 229.

Section 139.

Offence.

PERFORMANCE of Work.

Committing a nuisance in proxi- mity to dwellings or fouling stream or water supply. Penalty not exceeding £5 or one month's imprisonment.

Selling or hartering rations sup- plied by employer during first BİX months of indenture. Penalty not exceeding £5 or one month's imprisonment.

Leaving Public Hospital without permission or disorderly con- duct in. Peualty not exceed- ing 10.or one month's imprison-

ment.

or one

Leaving Plantation Hospital, or disorderly conduct or inciting others to. Refusing to go to Hospital when ordered. Penalty not exceeding 109. month's imprisonment. Smoking or using fire in a pro- hibited part of a plantation or building. Refusing to assist in the ex- tinction of a fire on a plan- tation. Penalty not exceeding £5 or six months' imprison · inent. Penalty on a body of immigrants leaving plantation without per-` mission, for the purpose or on pretence of laying complaints, not exceeding £2 montbs' imprisonment. Penalty on immigrant carrying a weapon or tool when visiting his employer or Magistrate for the purpose of laying com- plaint, not exceeding £1 or one month's imprisonment. Using threatening or insulting language to an employer or person in control of immi. grants. Penalty not exceeding £2 or two months' imprison-

ment.

or

two

Male immigrant threatening to murder or wound his wife or another woman. Penalty im prisonment not exceeding three months.

Failing to comply with Magis- trate's order as to division of property of married couples or those desiring to cease cohabi. tation. Penalty not exceeding | one month's imprisonment. Any immigrant or other person

who shall buy, sell, give, or ! lend any certificate, passport, or ticket of leave for any fraudulent purpose. Penalty not exceeding six months' im- prisonment with hard labour.

Remarks.

In the interests of health sanitary conditions must be maintained in the "lines" of a plantation or the consequences may be serious to immi- grants themselves.

Rations are issued to immigrants at a price which is sometimes lower than current local rates, In order to save money immigrants have sold their rations, and in consequence of insuflicient food have become anemic and unfit for work.

These provisions are most necessary to enable the employer to fulfil his obligations towards an immigrant in regard to inedical treatment. They are a higher degree in the immigrant's interests.

Where there is so much inflammable material as is to be found in mills, or in a field of un- thrashed cane, the consequences of the careless use of fire may cause great damage and loss of life.

At the instigation of ringleaders large bodies of men and women have left the plantation and remained absent for several days without any reasonable grounds being found for complaint. This has been found to be a necessary provision, With a view to preventing breaches of the peace both on the part of the employer and immigrant the penalty is a necessary one.

Ordinance.

No. 11 of 1912. Section 12.

Section 13.

Offence.

117

Refusal of a suspected immigrant deserter to give such infor- mation as to his identity as inay be reasonably required by the Agent-General or Officer of Police in charge of Police Station, not exceeding £1 or 14 days' imprisonment. Inmate of depôt absent without leave to be dealt with as a deserter. Fine not exceeding i £2, no alternative of imprison- ment.

LIST (3).

Remarks.

Breaches of THE INDIAN IMMIGRATION ORDINANCE BY AN EMPLOYER PUNISHABLE BY FINE, WITH AN alternative of IMPRISONMENT.

Ordinance.

Section,

No. 1 of 1891.

47

Offouce.

52

55

100

Failure to provide rations or food

of wholesome quality

103

104

105

110

120

122

123

The immigrant has at his disposal a fand of

obscene and provocative epithet.

171

This offence, as is shown with others, can be dealt with under the general law, but there is an advantage in dealing with it summarily under the special law.

This provision does not apply solely to immigrants but to any person who traffics in these docu- ments for a fraudulent end.

172

180

Obstruction of the Agent-General

of Immigration or Inspector or District Medical Officer.

Failing to produce immigrant or

child at medical inspection, Refusal to sign certificate of inden-

ture.

Failure to provide fuel or water

Employer requiring an immigrant

to perform work for which he is physically unfit or which exceede the limits of a task, &c. Neglect to supply tools

Employer enforcing work beyond

that specified by Ordinance. Employer neglecting or refusing to pay an indentured immigrant full wages due if more than ordi- nary injustice inflicted. Improperly granting ticket of leave,

&c.

Improperly granting exemption

from service. Employing Indian immigrant with- out producing certificate of in- dustrial residence or ticket of leave.

Employing or harbouring inden-

tured immigrants. Employer failing to provide suit | able conveyance, &c., to plan-

tation of an immigrant discharged from gaol or Public Hospital. Employer, overseer, or sirdar, assault, bent, or in any way ill- use an immigrant.

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Penalty.

Not exceeding £50 or three months'

imprisonment.

Not exceeding £20 or three months'

imprisonment.

Not exceeding £25 or one month's

imprisonment.

Not exceeding £25 or three months'

imprisonment.

Not exceeding £25 or three months*

imprisonment. Not exceeding £5 or one month's

imprisonment.

Not exceeding £5 or one month's

imprisonment.

Not exceeding £5 or one mouth's

imprisonment.

Not exceeding £10 or two months'

imprisonment.

Not exceeding £10 or two months'

imprisonment. Not exceeding £10 or two months'

imprisonment.

Not exceeding £1 or 14 days' im-

prisonment.

Not exceeding 20s. for each day or

three months' imprisonment. Not exceeding £10 or one month's

imprisonment.

Not exceeding £10 or two montha' imprisonment, or both fine and imprisonment.

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No. 6 of 1907.

2

Enclosure 2 in No. 72. MEMORANDUM.

THE HONOURable Colonial SECRETARY,

ON reading the report of the proceedings of the Council of the Governor-General

of India, held on 4th March, 1912. I gather that, underlying the arguments against

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