TEA DISTRICTS EMIGRANT LABOUR (REPEAL) ACT 1971

THE TEA DISTRICTS EMIGRANT LABOUR (REPEAL) ACT 1971

ACT No. 50 OF 1970

24thDecember, 1970

An Act to provide for the repeal of the Tea Districts Emigrant Labour Act, 1932, and for matters connected therewith

BE enacted by Parliament in theTwenty–first Year of the Republicof Indian as follows:–

1.Short title: This Act may be called the TeaDistricts Emigrant Labour (Repeal) Act, 1970.

2.Repeal of Act 22 of 1932: The Tea Districts Emigrant Labour Act.1932.is hereby repealed.

3.Savings: Notwithstanding the repeal of the Tea DistrictsEmigrant Labour Act, 1932, (22 of 1932) by section 2,and notwithstanding anything to the contrary contained in the said Act, –

(a) everyemigrant labourer in whose case, on the 3rd day ofAugust, 1960, a period of three years from the date of his entry into Assam had notexpired,

(b) every emigrant labourer entering Assam on or after the 3rd day of August,1960, being the date of the Agreement arrived at the Ninth Session of theIndustrial Committee on Plantations, and before the commencement of this Act,and

(c) every emigrant labourer who is in Assam immediately before thecommencement of this Act and whose right of repatriation has not been waived orforfeited by agreement or otherwise under any provisions of the said Act,

shall, as from the date ofexpiry of a period of three years from the date of his entry into Assam,whether such expiry occurs before or after the commencement of this Act, havethe right to be repatriated, and may be repatriated, under the said Act, as ifit had not been repealed and the provisions of the said Act in so far as theyrelate to the enforcement of the right of repatriation of emigrant labourers shall continue to apply as if for the referencestherein to the Controller, references to the State Government of Assam or anofficer authorised by that Government in this behalfhad been substituted.

Provided that no such emigrant labourer shall have the right to be so repatriated unlesshe makes an application in this behalf –

(a) withina period of six months from the commencement of this Act, where the aforesaidperiod of three years has expired before such commencement, or

(b) withina period of six months from the date of expiry of the aforesaid period of threeyears, where the latter period expires after such commencement.