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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 15

Title: Power of the Controller to Enforce the Provisions of This Chapter

State: Central

Year: 1932

.....concerned an opportunity to be heard, is of opinion that an emigrant labourer is entitled to repatriation under any of the provisions of this Chapter, or is entitled to the payment of any sum of money under the provisions of sub-section (2) of section 13, the Controller may direct the employer concerned to despatch such labourer and his family or to pay him the sum of money within such period as the Controller may fix. (2) If the employer fails to comply with such direction, the Controller may repatriate the labourer and his family or pay him the sum of money out of any funds at the Controller's disposal, and shall recover the costs incurred from the employer. (3) For the purposes of such recovery the Controller may certify the costs to be recovered to the Collector, who shall recover the amount and may recover it as an arrear of land-revenue. (4) The Controller shall have similar powers in regard to any person in Assam who he knows or has reason to believe is a member of the family of a repatriated emigrant labourer who should have been repatriated along with such labourer.

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 18

Title: Recruits in Controlled Emigration Areas to Be Sent to Forwarding Agents Depots

State: Central

Year: 1932

(1) Whoever arranges with any person in a controlled emigration area that such person shall proceed to Assam with assistance, and shall take or send such person, along with the members of his family who are to accompany him to Assam, to the depot of a local forwarding agent licensed for the area in which the arrangement was made, unless the arrangement was made at such a deposit. (2) Whoever arranges with any person {Substituted by the Adaptation of Laws (No. 3) Order, 1956, for "in a Part B State".} [in an area not being a controlled emigration area] that such person shall proceed to Assam with assistance and brings or sends such person and any of the of the members of his family into any controlled emigration area, shall take or send such person and members to the depot of a local forwarding agent licensed for that area. (3) At every such depot proper arrangements shall be made for the accommodation and feeding of assisted emigrants and their families.

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 3

Title: Appointment and Status of Controller and Deputy Controllers

State: Central

Year: 1932

(1) The Central Government may appoint a person to be Controller of Emigrant Labour, to exercise the powers and discharge the duties conferred and imposed upon the Controller by or under this Act. (2) The Central Government may also appoint one or more Deputy Controllers of Emigrant Labour, who shall exercise such of the powers and discharge such of the duties of the Controller as the Central Government may determine. (3) The Controller may, from time to time and subject to the control of the Central Government, make a distribution of work as between himself and the Deputy Controllers. (4) The Controller and Deputy Controllers shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 4

Title: Powers of the Controller

State: Central

Year: 1932

The Controller shall have power-- (a) to enter (i) all open places on a tea estate, (ii) any enclosed place on a tea estate where he knows or has reason to believe emigrant labourers are working or are accommodated, (iii) any office of a tea estate, (iv) any office or depot maintained by a labour recruiting agency, in Assam or in a recruiting State, (v) any train, vessel or vehicle which he knows or has reason to believe is being used for the conveyance of assisted emigrants; (b) to inspect, in any office or depot mentioned in sub-clauses (iii) and (iv) of clause (a), any register or other document required to be kept under this Act; (c) to carry out in any place mentioned in clause (a) any inquiry which he may deem to be expedient for carrying out the purposes of this Act; and (d) to do any other reasonable act which may be expedient in the discharge of his duties.

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 36

Title: Magistrates and Medical Officers Who May Exercise the Powers of the Controller

State: Central

Year: 1932

(1) Subject to the provisions of sub-section (3) of section 10, any District Magistrate in Assam may exercise in respect of his exercise district any power which the Controller by or under this Act could exercise in such district. (2) The Controller may transfer any proceeding under Chapter II pending before him to the District Magistrate having jurisdiction under sub-section (1) to dispose of it. (3) {Substituted by the A.O. 1937 for "The L.G. of a recruiting province may invest a District Magistrate or a Sub-divisional Magistrate and the L.G. of Assam may invest a Sub-divisional Magistrate".} [The Central Government may invest a District Magistrate or a Sub-divisional Magistrate in any recruiting State and a Sub-divisional Magistrate in Assam] with any of the powers of the Controller under section 4 or section 33 or section 34 or section 35 in respect of his district or sub-division, as the case may be. (4) The {Substituted, A.O. 1937, for "L.G."} [Central Government] may invest any medical officer not below the rank of Assistant Surgeon with any of the powers of the Controller under section 33 and section 35.

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Chapter III

Title: Controlled Emigration Areas

State: Central

Year: 1932

.....emigrants are travelling, or on which he has reason to believe that any assisted emigrant is travelling whether along a prescribed route or not. Section 23 - Action where proper arrangements not made for assisted emigrants If the Central Government is satisfied that an employing interest recruiting assisted emigrants in a controlled area is not making proper provision for the forwarding, accommodation or feeding of such emigrants and their families on their journey to Assam, {Substituted by the A.O. 1937 for "he may require the L.G. to"} [the Central Government may] direct all District Magistrates concerned to cancel or suspend all licences under section 17 held by local forwarding agents on behalf of such employing interest: Provided that the Central Government shall not {Substituted, A.O. 1937, for "make any requisition for the cancellation of"} [direct the cancellation of any] licences under this section until it has given the employing interest concerned an opportunity to submit its explanation. Section 24 - Cancellation of licences (1) The {Substituted, A.O. 1937, for "L.G."} [Central Government] may cancel wholly or part any licence granted to a local forwarding.....

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 16

Title: Power to Declare Controlled Emigration Areas

State: Central

Year: 1932

{Substituted by the A.O. 1937 for the original sub-section.} [(1) The Central Government may, by notification in the Official Gazette, declare any area within a recruiting State to be a controlled emigration area and thereupon the provisions of this Chapter shall apply to that area: Provided that the Central Government may by the same or any subsequent notification declare that any of the provisions of this Chapter shall not apply in that area, or shall apply subject to such general or special relaxations as may be specified.] (2) A notification under sub-section (1) shall be expressed to take effect from a date not earlier than two months from the date of its publication, and during the said two months licences may be granted under section 17 and such licences shall be dated as being granted on the date on which the notification takes effect and shall not be valid until that date.

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Chapter II

Title: Repatriation

State: Central

Year: 1932

.....(d) of subsection (1) may be made by the Controller only and not by any other officer exercising the powers of the Controller by or under this Act. Section 11 - Power of Criminal Courts to order repatriation Where any employer of an emigrant labourer, or any agent of such employer in authority over such labourer, is convicted of any offence committed against such labourer and punishable under Chapter XVI of the Indian Penal Code (45 of 1860) with imprisonment for one year or upwards, the convicting Court or the appellate Court or the High Court when exercising its powers of revision may declare that such labourer has a right of repatriation against such employer. Section 12 - Incidents of the right of repatriation (1) When an emigrant labourer has a right of repatriation against any employer, the employer or his agent shall defray the cost of the return journey of the emigrant labourer and his family from the station nearest the employer's tea estate to the home of the labourer and shall provide subsistence allowances on the prescribed scale for such labourer and his family for the time requisite for him and his family to travel from such estate to his home: .....

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 10

Title: Right to Apply for Repatriation in Certain Circumstances

State: Central

Year: 1932

.....of one year from his entry into Assam, apply to the Controller for a declaration of his right to repatriation on any of the following grounds, namely: (a) that he was recruited by coercion, undue influence, fraud or misrepresentation, or (b) that he was recruited otherwise than in accordance with the provisions of this Act and the rules made thereunder. (3) The Controller, after such inquiry as he may think fit and after giving the employer an opportunity to be heard, may declare that an emigrant labourer applying under this section has a right of repatriation against his employer: Provided that a declaration in pursuance of clause (d) of subsection (1) may be made by the Controller only and not by any other officer exercising the powers of the Controller by or under this Act.

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Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 35

Title: Power to Enforce the Provisions of Sections 33 and 34

State: Central

Year: 1932

.....employing interest fails to make arrangements to the satisfaction of the Controller for the detention or treatment of any person detained under sub-section (1) of section 33, the Controller may himself make such arrangements and defray the cost out of any funds at his disposal. (2) In making a direction under sub-section (2) of section 33 or under section 34 the Controller may fix a period within which such person and family shall be forwarded by the employing interest concerned, and shall send a copy of his direction to the employing interest concerned, and to the nearest agent, if any, of such employing interest in the State where such person then is. (3) If the employing interest fails to comply with the direction within the time fixed, the Controller may cause such person and his family to be returned to his home and defray the costs out of any funds at the Controller's disposal. (4) The Controller shall recover any costs incurred by him under this section from the employing interest concerned, and for the purposes of such recovery may certify the costs to be recovered to the Collector of any district in which a tea estate belonging to the employing interest concerned,.....

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