CO885-9 — Page 10

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PUBLIC

RECORD OFFICE

Reference :-

885/

9PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

1.

Forma.

Division of Act.

10

The word "plantation" shall mean any estate in cultivation, or any two or more estates if adjacent to each other and managed as one estate, or any other piece of land in cultivation under one management of the extent of at least five acres, and shall include any cattle or sheep farm, or any wood-cutting establishment, or any railway on the construction of which immigrants are employed by the head of the Department of Public Works:

The word "employer" shall mean the proprietor or lessee of a plantation, or the attorney or agent of such proprietor, and shall include the manager for the time being in charge of such plantation:

The word "manager" shall mean the person for the time being having the personal care or superintendence of a plantation, and shall include any overseer acting under his authority:

The word "immigrant" shall mean any native of India introduced into the said Northern Territory, either wholly or in part at the expense of the Immigration Fund, and shall include the children of an indentured immigrant: The expressions

'indenture" and "indentured" shall mean a contract of service registered under this Act, and a person subject to such contract respectively:

The word "adult" shall mean an immigrant of or above the age of fifteen

years:

The word "minor" shall mean an immigrant under the age of fifteen years,

and of or above the age of ten years:

The word "infant" shall mean an immigrant under the age of ten years: The words "adult," "minor," and "infant" respectively include an immigrant of uncertain age who has been estimated by the Immigration Agent to be an adult, minor, or infant, as the case may be:

The word "Justice" shall mean any Stipendiary Magistrate, any Special Magistrate, and any Justice of the Peace for the said province: The expression "any medical officer" shall mean any medical officer of the Indian Native Immigration Department of the said Territory, appointed by the Governor, and directed by him or the Government Resident, or the Immigration Agent-General, to perform the particular duty, service, or purpose in connection with which such expression is used. 4. The several forms in the Schedule hereunto annexed shall be used for the several matters in this Act upon which reference is made to them by the respective numbers of such forms: And the Immigration Agent-General, with the approval of the Governor in Council, may from time to time cause such forms to be varied or altered, and also additional forms to be framed as occasion may require for the purpose of carrying out the provisions of this Act; and such varied, altered, or addi- tional forms shall have the same force and effect as if they were incorporated in the Schedule to this Act: Provided always that every such form shall be first published in the Government Gazette, and that copies thereof shall be sent by the Immigration Agent-General to all persons required under penalties by this Act to fill up and use any form for which such form may have been substituted.

5. This Act shall be divided into parts as follows-

1. Officers of Immigration Department, and their Duties:

II. Fiscal Provisions:

I. Proceedings on Allotment of Immigrants:

Iv. Respecting the Treatment of Immigrants on Arrival, and the Treatment

of Minor and Infant Immigrants:

v. The Determination and Transfer of Contracts:

VI. Re-Indentures:

vi. Desertion and Leave:

VII. The Labour Law:

IX. Hospitals;

x. Dwellings :

XI. The Rationing of Immigrants:

XII. Passports and Return Passages:

XII. Registers, Returns, and Certificates:

XIV. Procedure:

XV. Miscellaneous.

6.

11

PART I.

Officers of Immigration Department, and their Duties.

may

PART I.

An Immigration Agent-General for the said Northern Territory shall be Appoint- selected by the Government of India, and appointed by the Governor. To the officer ment of thus appointed shall be assigned such salary as shall be deemed proper, and he the Immi-, be required to give security, by himself and two sureties, jointly and severally, to gration such amount as may be determined by the Governor, for the faithful performance of General.

Agent- his duties, and for the due accounting for, and payment of, all moneys received by him. The said officer shall be subordinate to the Government Resident of the said Territory, but shall not be suspended or removed except by the Governor; and infor- mation of any such suspension or removal shall be forthwith given to the Government of India. He shall from time to time furnish the Government of India with a dupli- cate copy of any reports which, in the course of his duties under this Act, he may submit to the Governor.

7. The Governor may from time to time appoint emigration agents at Calcutta, Appoint- Madras, and Bombay, or at any of such places; and upon such appointments being ment of approved by the Local Government of the respective Presidencies, the person or

emigration persons so appointed shall be such emigration agents respectively; and every such agents. emigration agent may be suspended or removed by the Governor.

8. The Governor, upon the recommendation of the emigration agent in any appoint

Governor port or place, may appoint clerks, interpreters, or other persons to be employed in the sub-ordered work of the emigration office of the said province in that port or place.

emigration

offices.

tion of emi-

9. The remuneration to be given to emigration agents shall not be regulated Remunera by or depend upon the number of immigrants sent by such agents, but shall be in gration the nature of a fixed annual salary.

agents.

gration

10. It shall be the duty of the Immigration Agent-General, subject to the Duties of control of the Governor, once in every six months, upon some day of which he shall the Immi give previous notice to the manager, to visit every plantation upon which there may Agent be any immigrants under indenture, to receive and take cognizance of the complaints General. of immigrants, and thereupon to give advice, to conduct investigations, and institute prosecutions, as the circumstances may require: to assist any Stipendiary Magis- trate, and any Justice of the Peace, if required, in the estimation of wages: to keep the registers of the said Immigration Department, and to exercise and perform such other functions and duties in relation to immigration matters as are prescribed in this Act or shall be entrusted to him by the Governor.

Agent-

11. The Immigration Agent-General may at any time enter into and upon Powers of any plantation on which immigrants may be employed, and inspect the state and the Immi- condition and general treatment of the immigrants, and the state and condition of gration their dwelling-houses and hospital accommodation; and may inquire into any General. complaint which the employer may have to make against any immigrant, or which any immigrant may have to make against the employer, or which may be reported to him by any medical officer to the Immigration Department, or otherwise be brought to his notice; and may, either before or after such inquiry, lay an informa- tion or make a complaint in his own name on behalf of any immigrant against the employer, or against any other person, before any Justice of the Peace of the said Northern Territory; and may, if necessary, lay such information or make such complaint in any of the Courts of Law of the said Territory having jurisdiction to hear, try, and determine the offence or other matter charged against such employer or other person; and the Immigration Agent-General shall watch the proceedings of any such information or complaint on behalf of such immigrant, and may, if necessary, appeal from any decision to any superior Court having jurisdiction in the case; and may, in such superior Court, retain the service of counsel; and may in all respects act on behalf of such immigrant as if he himself were the principal in the cause, and shall report the course of such proceedings from time to time and the final result thereof to the Governor.

Medical

12. The Governor may appoint, from time to time, such one or more duly The qualified medical practitioner or practitioners as may be necessary to be medical officers of officers of such Immigration Department, at such salary as shall be deemed proper, Immigra and may suspend and remove any such officer; and every such medical officer shall tion De-

17080

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partment.

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