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FOREIGN RECRUITING ACT, 1874
4 of 1874
STATEMENT OF OBJECTION AND REASONS "In the present state of the law, as appears from a legal opinion lately submitted to the government of India, there is nothing to prevent our Indian territories being made a recruiting ground for Foreign States on the Continent of India or elsewhere. It seems that the agents of such States may beat up for recruits in a way to expose the Government to serious embarrassment with foreign nations if they do not interfere, and with their own subjects if they do. It is only when the recruiting is tor the service of any Foreign State at war with any Foreign Stale at pence with Her Majesty that the provisions of the English Foreign enlistment Act (33 and 34 Vic., Cap. 90) apply, and the Indian Emigration Act, to which a reference is naturally made in connection with a matter of this kind, is confined in its operation lo emigrant labourers, that is to say, taking the word in its ordinary acceptation, to persons emigrating with a view to obtaining employment in husbandly or manufactures. The object of the present Bill is to confer on the Governor-General in Council the power of control which thus appears to be wanting, and which at the same time it is manifestly desirable he should possess".- --- Gazette of India, 1874, Part V, page 1.
An Act to control recruiting in '[India] for the service of Foreign States. Preamble.- WHEREAS it is expedient that the
2[Central Government] should exercise lull control over recruiting in1[India] for the service of Foreign States: It is hereby enacted as follows:-
SECTION 01: SHORT TITLE
- This Act may he called the Foreign Recruiting Act 1874. Local extent.- It extends lo the whole of India3[* * * ]4[* * * * *]
SECTION 02: "FOREIGN STATE" DEFINED
--- In this Act--- "Foreign State" includes any persons or person exercising or assuming to exercise the powers of Government in or over any country, colony, province or people, beyond the limits of5[India] .
SECTION 03: POWER TO PROHIBIT OR PERMIT RECRUITING
--- If any person is, within the limits of6[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the8[Central Government] may, by order in writing7[* * * ), either prohibit such person from so doing orpemit him to do so subject to any conditions which the '[Central Government] thinks fit to impose,
SECTION 04: POWER TO IMPOSE CONDITIONS
- The9[Central Government] may from time to time, by general order notified in the10[Official Gazette], either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which11[it] thinks fit.
SECTION 05: POWER TO RESCIND OR VARY ORDERS
--- The12[Central Government] may rescind or vary any order made under this .Act in such manner as13[it] thinks fit.
SECTION 06: OFFENCES
--- Whoever, in violation of the prohibition of the14[Central Government], or of any condition subject to which permission to recruit may have been accorded,-
(a) includes or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or
(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever, shall be liable to imprisonment for a term which may extend to seven years or to fine to such amount as the court thinks fit, or to both.
SECTION 07: PLACE OF TRIAL
--- Any offence against this Act may he inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure-
Footnotes:
3. Words "except Part B Slates" were omitted by the Part B States (Laws) Act, 1951 (3 of 1951). Section 3 and Sch. (1-4-1951).
4. The commencement clause was repealed by the Repealing Act, 1876 (12 of 1876), S. I and Sch.
5. Substituted for "the Provinces" by A.L.O., 1950.
6. Substituted tor "Part A Status and Part C States" by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3, Sch. (1-4-1951).
7. Words "signed by a Secretary to the Government of India" were omitted by the A.O., 1937.
8. Substituted for the words "Governor-General in Council" by A.O,, 1937.
9. Sustituted for the words "Governor-General in Council" by A.O., 1937.
10. Substituted for "Gazette of India" by A.O., 1937.
11. Substituted for "he" by A.O., 1937.
12. Substituted for "CC.
13. Substituted for "he",Governor-General in Council" by A.O., 1937.
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