NT Immigration Act 1879 (SA)
TERTIO
A. | D. 1879, |
No. 163.
AnAct to authorise the introduction of Indian Nativc Labor
into the Northern Territory of | the province. |
HEREAS it is expedient to pro~iclc For | thc introihwtion of |
Indian native labor into the Northcrn Territory of the P~-ovinc~ |
of South Australia, and for the protection of Indian iniiuigl'itnt
laborers-Be it Enacted by the Governor of tllc Pro\incc of South Australia, by and with the advice ancl consent of the Legislative Council and House of Assembly of the said pro\-incc, in this present Parliament assembled:
debarkation in South Australia of Indian immigrants is by this Act, or the regulations mad? tllcrcnxider authorisecl, and may assign to such person such salary and cstablishmmt as shall be dcenird propcr. Such Protector of Immigrants wllall bc snbouclinittv to the local | Chvernmen t |
1, This Act shall be callcd " The Nort,hern 'l'cr~itory Indianshort title.
'i[mmigrat,ioa Act, |
'i'hc Governor may from time to tinw nominate pcrsons to act as | emigration |
emigration agents at Calcutta, Madras, and Bombay, or at any of sudl places, and upon such nominations being approvedby the local Govern- ment of the respective Presidencies, the person or persons so nominated shall be dcemcd to be duly appointed as such cniigratioii agcnts respectively; and every such cmigmtion ag.ent may bc s~qccndcd or
removed by the Governor for the time being.
to act as Protector of Immigrants at every port at which thc | 3, Thc Governor may from time to tinie appoint |
4z0 &
4 3 O VICTORIE, No.163.
Narthern Territog Indian Immigration Act.-1 879. Government Resident of the placc for which he is appointed, and may by such Government Resident be for good cause suspended, but shall not be removed except by thc Governor.
Appointment of
which debarkation is authorised one or more medical inspectors, at such salaries as shall be deemed proper. Such inspectors shall he subordinate to the Protector of Immigrants at the place for which he is appointed, and may be, for good cause, suspendcd by the said Protector, with the approval of the Government Resident of such place, but shall not be removed except by tlie Governor.
Appointment of in-
5, The Governor may from time to time appoint inspectors, |
whose powers and duties shall be defined by regulations to be made
under this Act, and who shall bc subordinate to the Protector.
Remuneration of
depend upon or be regulated by the number of emigrants sent by
such agents, but shall be in the nature of | a fixed annual salary. |
7. |
KO officers shall be appointed ulxler this Act until their salaries shdl have been voted by Parliament.
by Parliament.
in the suburbs thercof, such agent shall establish
z suitable depBt for thc persons engaged as laborers for this province, and shall procure the same to bc duly inspected, approved, and licensed pursuant to tlie laws and regulations enacted and prescribed by the Indian Govern- ment regulating the emigration of Indian laborers.
Q, |
Every such dep6t shall, after such licence has been obtained, be by such emigration agent conducted, and the emigrant thereiu l?dged, fed, clothed, and otherwise provided for and attended to, in such manner as to give satisfaction to the said Protector and medical inspectors respcctivdy; and cvery such agent, and all persons in
tion of clep5ts.
immigrants as hereinafter provided, shall gire to such Protector and | charge of or employed in any depdt, or in any veastl licmscd to | mcdical inspectors, and to each and evcry of them, cvery facility for all. such inspections, examinations, and surveys as may bc necessary. proper, and authorised under any Act in force in India relating thereto, and &all afford to such persons all such information as may be reasonably required of thcm. |
I t shall be lawful for every emigration agent appointed under recruiter with an i emigrant.
to ratify and countersign all contracts entered in?o bp a |
42" & 430 VICTORTIE, No. |
.A?i,rthern Tprrit0l.y h d i n n Immiyrntion Act.-- 1879.
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ascertain from such laborer the length of time during which such laborer has been previously cnlployccl in work of a character similar to that for which he may be engaged.
by any emigration agent shall be paid |
or allowed any fee, commission, reward, or expenditurc i11 respect of any recruited laliorer who shall, 011 examination of the local medical inspector, be found to be affected with any infectious or contagious discase, unless such local mcdical inspector shall certify that such discase could not at the time of recruiting have been by reasoimble care detected.
14. ET-ery such emigration agent shall in all things conform to Emigrationagent to
all laws and regulations enacted and prescribed by the Indian | |
Government regulating the emigration of Indian laborers. |
consent of thc Minister controlling the Northerl1 Territory, to contract
pption agent.by charter party, or othwwise, for and on behalf of the South Bustra-
lian Government, with any shipowner for the hirc of ships or steamers for the conveyance of cmigrlmts lawfully engagcd from m y port in India at which emharkation of emigrants is lawful to any port or ports appointed by the Government of South Australia for their debarkation: Provided that before finally concluding any such con- tract the enligrution agent shall satisfy hirnself that the owner or master of such ship or steamer has obtained from the local Govern- ment of the Presitlcncy
frorrl which such enigrants are to proceed all such licences as are by lam rcqilircd, and that such owner or master has also entered into all such bonds as nwy be lawfully denlanded by thc said local Go\+crnnient.
16. No contract, whether by charter party or otherwise, madcContracts forc~rringe
by any emigration agent for the conveyance by scu of emigrants | shall be binding upon the South Australian Govcrnrnent unless the ment unless I n a i m |
owner ur master of the ship or stcarrler mentioned in such contract | |
shall, at the time of makini mch contract, have obtained all neces- sary licences, inspections, and certificates, and unless thc laws arid regulations provided and in force in India for the safety, manage- ment, and comfort of the emigrant laborers whilst on board such ship or steamer arc in (:very respect strictly conrplied with by such owner or master. |
17, The emigration agent, at cach town at the port of ernbarlmEmploymeni of
tion, may employ duly qualifiecl European or native surgeons to accompltny such ship or steamer conveying emigrants under the authority of this Act, ancl the health and comfort of such emi- grants shall be under thc immediate care and supervision of such surgeon; but no surgeon shall be so appointed unless he obtain from the medical inspector of emigrants in such town a certificate of fitness, and only one surgeon shall accompany each ship or steamer.
18, such
Duty |
clays bcforc lcaving the port of embarkation that all requisite food, watcr, provisions, medicines, clothing, and other necessaries for the maintenancc and safety of the emigrant passengers during the voyage, are on board such ship or steamer; and in case of any omission by the owner or mastcr of the said ship or steamer to provide any of such, tllc surgeon shall forthwith make
n report to the local Govern- ment, and to thc emigration agent at the said port; and if on arrival of such ship or vcsscl at any port in South Australia i t shall be provcd to the satisfaction of two Justices of the Peace that the pas- scngers have suffered by rcason of such onlission, such surgeon shall forfeit all salary and cmolurnents which but for such omission may be due and payable to him at thc port of ardval.
Duty of surgeons. |
cmbarliation of emigrants, cal-efully exarni:le and inspect each of such emigrants, and shdl forthwit h give notice to tllc ~rnigmtioil agent and to the protector and medical ii~spector of cach town, if he shall find that, any emigrant or emigrants is or are affectcd with any con- tagious or infections disease, and rlo cniigrant so affected shall be
Ih-mit | tcd to embark. |
Requisitions for
im-
migran ta. |
Bond to accompany |
requisition. | the form and tcrins of Schedule B hcreto anncxcd, which shall be | ||
signed. by the requisionkt and two sureties, on whosc sufficiency the Protector of Immigrants for the time bring shall dctcminc. | |||
Durahion of raquisi- |
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by him. |
llcquisitionfi by cor- | or col pora tione aggregate shall be | |
porations and com- |
panics. | matk by the secretary or manager by or on behalf of the company, |
and the honrls in respcct thereof &all be made and entered into on | |
behalf of the company or coq~oration by the person or persons an thol ised to con tract on behalf of such company or companies. | |
Bcquisitionist to | |
pay cost of introduc- | |
tion. |
maintaining,
Northern Territory hdicrn Immipcrtion Act.-18'79. maintaining, conveying, and introducing f einalles. Any sums on these accounts which may bc rccovcrccl from any substituted or other cmployer of the immigrant s l d l be zipplied towards ~;cduction of such obligation to repay.
25. Everv male irnmig~'itnt | leaving India to come to South Ans- | Engagement to specific employers. |
trillia for hi& slinll, bckforc leaving India, bc ellgagcc1 to m1 employer
named in his contract.
Every sudi immigrant s l d l, ill India, sign a contract in thc terms and form of Schedule C, or to tlic like (.ffect, and such contract | Contracts to bc signed |
in India. | |
to be so signed shall bind him to a s tvicc of five years, | |
Dopats to be cstab- lished at port of dc- | |
barkation. | |
debarkation for the reception of leborers on a r r i d. Such dcpGts | |
shall bs uzider the superrision and control of the Yrotcctor of Iinmi- | |
grants at such port, and shall be conducted, and the immigrants therein loclgeti, fed, clothed, and otherwise provided for and attended to, in such manner as to | |
satisfy Yrotcctor | |
Rcquisiti:aist to |
26.
lras | that provision |
been, or will be, made by the requisitionist for the reception, care, | to roccivc irumigranta. |
arid comfort of the laborcrs nlciltioued ill such 1.cyui*itiul1 |
' | not made |
w~i t ing | the grounds of sncli i.efusal. |
29, | Any immigrant imdcr ~vrittcn | contract may lmvc his contract | l'mnafcr to ncw |
transfcrrcd to any other cmploycr for the wsicluc of its term providecl | ployer. |
the transfer be i k ~ d c by thc E'rotector of Immigrants, with thc con- sent of the immigrant and the then present and future employers: and providcd also, t l ~ t no transfer shall bc made unless all wages |
chie to such imn~igrant | up to the time of tmnsfcr are fully paid and |
satisfied. |
Immigrant to bc citred |
ness from labor, during his contract, shall be entitled | for during sivkneas. |
food, and medical care, at the expense of his employer, during such incapacity. |
Contracts with |
India or in South Anstrolia, upon contracts in the form of Schedule | immigrants. |
U-,
& 43b VICTORIE, No, 163. |
l87 9. |
I)., provided that they shall only be employed in such kinds of labor
as they may be fitted for, and no such contract shall he for a longer
period than one year.
Protector may sus-
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and (if necessary) to suspend the contract of any female who shall | |
33. I11 case any laborer shall be found incompetent or unfit for |
the work for which hc has been engaged, the requisitioni~t may, within one month after such laborer has been first employed, give notice in writing to the Protector of Immigrants, of such incompetency, and the Protcctor shall forthwith, aftcr such notice obtained from an inspector, report upon such laborer, and sh;dl make such further inqniries as he mty deem necessary, a ~ d upon being satisfied that such laborer is incompetent, he may cancel the contract of such laborer, but such cancellation shall not discharge the 1.cquisitionist or his sureties from any bond given parsuant to this Act.
34, Upon the cancellation for incompetency of any contract, the | |
laborer whose scrvice is so determined may be re-engagecl either by his former or any other employcr for any vork for which the Protector of Immigrants |
potent shall he entitled to cienlitnd or receive any wagcs from his em- | ||
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form such work as may be allotted to him by the Protector, until, upon an estimate made by the Protector, the work | ||
such absence) forfeit to 111s employer the sum of five shillings for each ? | work shall (besides losinw his claim to wages |
day of absencc, or the said immigrant |
sentenced
~p~ | & 43" VICTOKIE, No. 163. |
87 |
sentenced to prolongation of his service shall be cntitled to redeem such prolongation by paying to his employer at the rate of twenty shillings for cwrp scvcw clays of such abscncc.
No such forfeiture, imprisonment, or prolongation | respectivcl y |
shall be incurred if the wages of thc immigrant shall have been | , | , |
unpaid for any period longer than two calenzu months before his absence, or if more than two calendar months shall have elapsed between the immigrant's return from mch absencc, and t l ~. forfeiture or complaint, as the case may be.
38. Any employer shall br: entitled, on application to the Pro- Enlployer may obtain
tcctor of Immigrmts, to obtain thc rc1c:nse of | irrmigrant in his |
service, who shall have been imprisoned on his complaint, for any act or non-feasance, not involving a breach of the peace, or of the public law of thc province.
of | Immigrants appointecl | z p e c t i o n of |
under this Act at any time, cithcr l~ersondly or by any person delmtcd by him, in writing, in terms of Schcclulc E hcrcto, to cntcr and inspect any hut, tent, asylum, hospital, camp of laborers, or other establishment of any kincl in which Indian emigrants are received, employed, or located, ancl to inwstigatc the condition and statc of any emigrants who may be therein respectively, and to requirc any immigrant in any sucl; placcs reapcctiwly tu bc brought before him or the pcrson whon1 lie shall depute as aforesaid up011 any such visit; any person obstructing or molesting any Protector of Immigrants or his deputy aforcwitl shall, on conviction, forfeit n
I t shall be lawful for the Governo!; | from time to time to G ~ ~ e r m r t o m a k e | regulations. |
make megulations-
I. For defining the duties of emigration agents, protectors,
inspectors, recruiters, mcclical inspectors, interpreters, and |
other officers appointed under this Act:
r r. For regulating the conduct and management of depots and hospitals, and for the inspection and supervision of lttborers and their residences, ancl of the food supplied to them while under employment:
111. For the keeping of rceords and registers of laborers imported from or returned to India:
rv. For the imposition of fines for breach of regulations by cither employer or employed:
v. For defining the days to be deemed holidays upon which
laborers, except domestic laborers, shall not be compelled to
work:
vi. For regulating the terms of re-engagement of laborcrs slftcrthe
8 420 &43' VICTOKIE, No. 163.
the expiration of their original terms of service, or in cases where the original requirements has failed to receive the immigrants specially introduced for him:
vlr. For fixing the minimum scale of wages, rations, and allom-
anccs to be pnid to and provided for each laborer employed,provided that such scale shall not be lower than the
scale prescribed by the laws in force in India prescribing such scales:&4nd generally for carrying ont the purposcs of this Act, and from time to time to alter or add to the same; and all such regnlations on being published in the
Gove~nment Gazette shall have the same effect as if they had been containedverbatim herein, provided they are not inconsistent with the spirit and meaning of any of the pro visions hereof.I hereby reserve this Act for
thc signification of the Queen'spleasure.
WM. F. DRUMMOKD JERTTOIS, Governor.4z0 &
43' VICTORIfi:., No. 163.
SCHE1)UIiR | A. |
R ~ ~ u i s i t i o ) ~,
1, the undersigned requisionist, request the Protector of Inimigrants to take the
steps by law required for obtaining for me from the Presidency of
male immigrants (specially engagcd ia India to bc employed by me, or to be alloted
to me on their a r r i ~ a l at for cmploymcnt, as the case may be)
as | entp2uy ?,~ent]. |
I undertake to give to each immigrant who shall engage with me in virtue of
this requisition the wages and allowar~ces | |
South Australia at the time of engagement. |
Proper lodging and mrdical care shail also be furnished by me to the said immigrants.
C.D., Reqnisinnist.
'l'hc above has been received hy ~ n c | this | clay of |
18 .
KF., Protector of Immigrants.SCHEDULE R.
Requisitionists'
B a d
[dwellhtg | place adps.ofessio~a or. c u l ~ i q j, | C. D., of [dwelliny |
profession | jointly and severally promise and bind themselves towarrls the Protector of | |
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a to accompany them, including in such expenses the cost of the maintenance of such
immigrants at the depbt, at the rate of two shillings and sixpence per diem for each immigrant, from the date of his landing until thc date of his l c a ~ i n g thc ilcpbt to enter on the service of thc qaid requisitionist. The mid requisitionist and the said sureties promise to pay to the said Protector of Immigrants all such expenses of introduction upon the said immigrants being delivered to the said requisitionist, such payment to be made previous to their leaving the depbt.
I n default of the said requisitionist's claiming such immigrants within seven clear days after they shall havc been received at DepBt, thc said requisitionist and the said sureties bind thcmsclves to pay the Protector of Immigrants two shillings and sixpence per day for each immigrznt, as his cost of maintenance doring the interval betweetl his arrival at the depBt and his entering on service; and in case of such default, and of any of the said immigrants clrcting to be free from thcir engage- ment, thc said requisitionist and the said ~urct ies do further bind themselves to pap
to the Protector the whole cspensc attending the introduclion of the immigrants so
electing, and of the females accompanying them.
The |
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Northem Territory Indian Imrruiyratiort Act.- 1879.The said requisitionists and the said sureties hereby consent that the certificate of the Yrotector of Immigrants shall be conclusive evidence against them in all Courts and places of the amount chargeable against them in respect of the said expenses of introduction, or of the said costs of maintenance, as the case may be.
A. B. (Seal), Requisitionist.C. D. (Seal), Surety.
E. F. (Seal), Surety.
The above bond has been signed in my presence, and ciepositerl with me, this
clay of | ||
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SCHEDULE C.
, | , | , | . |
We, the undersigned emigrants from | , hereby engage to serve [name |
of employer], as, at [nameof ylnce], in the Province of South Australia, for the period offive years from the date of the registration of this contract by the Protector of Immigrants, at, provided that we shall rcceive the wages stated hereunder opposite tc, our respective names, and the allowances following :-
Rice, one pound and a half; or two polmdc, of | Half of these |
pounded maize; or two pounds and a | I | mtiona to |
cooked mtrnioc; or five pounds of ritw rmnioc per dicm. | giwn tg thoac |
Dholl, two pounds | ......................... | per mensenl. $ | of |
Salt | ..................... | do. | I | are under ten |
Ghee, or oil, onc pound.. | .. .. .. .. .. .. .. .. .. . | do. |
~ d t, | one pound ............................ | do. | J | yem8 of 'ge' |
Provided also that proper lodging and medical care shall be supplied to us.
/ | Wages per Month. |
Marricd j | _ |
Father's | or | Emigrant's |
Single 1 1 | 1 2nd 1 | siwtllre. |
Year. Yenr. Yenr. Ycar. Year.
-
--
I
On behalf of |
I accept the services of the above-mentioned emigrants, on the terms and conditions
here abore stipulated.
A. B., Employer or Special Agent.The above contract was fully explained to the above-mentioned emigrants
[mid
when there is a special ngent, to A. B., tlhe special agent] in my presence, thisand signed by them before me.
C. D., Emigration Agent.
SCHEDULE D.
We, the undersigned Indian women, emigrating from | to |
hereby engage to serve the employers to whom we may be allotted by the Govern- ment of South Australia, as
[nature of employment] for a period of one year from the date of such allotment, provided that we shall only have to perform suchwork as shall be fixed and determined by the Proctector of Immigrants, in our respective
certificates of | allotment, that the special contr~tcts |
shall
Northern Territory Iudim Immiyyr-crtioit Act.-1879. shall be liable to be modified or suspended, either by the Protector or by the Stipendary Magistrates, in cases provided for by law, and that we shall receive the wages and rations fixed by the Government scale in force in South Australia at the time of our engagement. Provided also that proper lodging and medical care be supplied to us.
Father's | Emigrant's |
Yo. | Per |
Signature. |
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The above contract was fully explained to the above-mentioned female emigrants in my presence this | and signed by them |
before me. |
A. B., Emigration Agent.
SCHEDULE
R.
in |
I hereby depute | situated at |
and there to investigate the state and condition of ail immigrants
who may there be located or employed in accordan,*e with the provisions of the
Northe~n | Territory Indian Immigration Act, 1879. |
Dated this | day of | , | . |
G.H., Protector of Immigrants.
p | p | p | - | a | .-v | --. | - - - - |
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