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Indian Immigrants (Repatriation) Act [Cap 103]

LAWS OF FIJI

CHAPTER 103

INDIAN IMMIGRANTS REPATRIATION

Ordinances Nos. 24 of 1930, 9 of 1955

AN ACT RELATING TO THE REPATRIATION OF INDIAN IMMIGRANTS

[25th October, 1930]

Short title

1. This Act may be cited as the Indian Immigrants (Repatriation) Act.

Interpretation

2. In this Act-

"immigrant" means a person of Indian parentage who has been introduced into Fiji under the provisions of any previous Indian Immigration Ordinance 3111 who was above the age of twelve years at the time of his introduction;

"immigrant first series" .means an immigrant who was introduced into Fiji on or before the thirty-first day of May, 1906;

"immigrant second series" means an immigrant who was introduced into Fiji after the thirty-first day of May, 1906;

"passage" means a passage from such port in Fiji as the Minister may from time to time prescribe; to the port of original embarkation in India.

Consolidated Fund to be charged with expenses

3. The Consolidated Fund shall be charged with all expenses incidental to the provision of passages under this Act.

Repatriation depot

4.-(1) The Minister may appoint such lands and buildings as he may think fit to be used for the purposes of a repatriation, depot, and he may make regulations for-

(a) the residence within such depot of any person who has been granted a passage and is awaiting embarkation;

(b) fixing the rates to be charged for the board of any such person while resident in such depot.

(2) The Consolidated Fund shall be charged with all expenses incidental to the maintenance and management of the depot other than the expense of providing board for persons awaiting embarkation.

Persons entitled to passage claim

5. Subject to the conditions, reservations and restrictions contained in this Act-

(a) every immigrant is entitled to claim a passage;

(b) every child of an immigrant first series is entitled to claim a passage;

(c) every child of an immigrant second series who was introduced into Fiji with such immigrant is entitled to claim a passage at any time until he reaches the age of twenty-four years;

(d) every child of an immigrant second series who was born in Fiji shall be entitled to claim a passage at any time until he reaches the age of twelve years.

Child to be accompanied by parent

6. A child of an immigrant who has not reached the age of twelve years shall not claim a passage except through his parent or his lawfully appointed guardian, and he shall not be entitled to a passage unless he is accompanied on the voyage to India by such parent or guardian.

No second passage

7. An immigrant or child of an immigrant who has been repatriated to India at the expense of Fiji shall not be entitled to claim a second passage.

Provision of passage

8. The provision of passage accommodation shall be in the discretion of the Minister who shall provide such accommodation as may be required at reasonable intervals.

Notice of intention to apply

9. A person entitled to a passage may at any time give notice of intention to apply for such passage by lodging at the office of the Commissioner of the Division in which he resides a notice in Form A in the Schedule.

Nothing in this section shall affect the obligations of any person to lodge at the office of the Commissioner of the Division in which such person resides an application in Form B in their Schedule as prescribed in section 10.

Application for passage

10. The Minister shall from time to time by notification in the Gazette announce the attention of providing passage accommodation. Such notification shall contain a statement of the approximate date when the accommodation will be available and it shall require immigrants and their children who desire to apply for such accommodation to lodge within a given time at the office of the Commissioner of the Division in which the applicant resides an application in Form B in the Schedule.

Copies of such notifications shall be exhibited at the offices of the District Commissioners. (Amended by 9 of 1955, s. 8.)

Passage notice

11. As soon as conveniently may be after the date of the notification in the Gazette, the Minister shall cause to be issued to such applicants as are entitled to passages notices in Form C in the Schedule:

Provided that the number of such notices shall not exceed the number of passages available.

Removal of name from list

12. If an immigrant first series or a child of such immigrant has received a notice in Form C in the Schedule and fails to comply with its requirements or fails to avail himself of the passage therein provided, his name shall be removed from the list of applicants for passages:

Provided that he shall retain the right to a passage upon renewed application.

Determination of right to passage

13. If an immigrant second series or child of such immigrant has received a notice in Form C in the Schedule and fails to comply with its requirements or fails to avail himself of the passage therein provided, his right to a passage shall thereupon finally cease and determine:

Cancellation of application

Provided that he shall retain the right to cancel his application by notice given to the Commissioner of the Division in which he resides and to claim a passage at a subsequent date if the departure of the vessel specified in Form C of the Schedule is delayed for a period of not less than two months after the date of sailing specified therein.
(Amended by 9 of 1955, s. 8.)

Limitation of accommodation

14. There shall be no obligation upon the Government to provide in any one year passage accommodation for immigrants second series and their children in excess of five hundred passages in all.

Compensation for loss

15. If any immigrant or child of such immigrant, having been provided with a passage, incurs loss or expense by reason of the cancellation of the sailing or undue delay in the departure of the vessel in which the passage is provided, he may receive such compensation as the Minister may direct.

Cancellation of right to passage

*16. The right to a passage which is conferred by this Act upon every immigrant second series and his children may be cancelled at any time by resolution of the Legislative Council subject to three years’ notice of the intention so to do, such notice to take effect from the date of the publication of the resolution in the Gazette.

*By resolution of the Legislative Council 6th September 1955, rights were cancelled with effect from 9th September 1958.

Grant of passage

17. Notwithstanding anything hereinbefore contained, the Minister may in his discretion grant a passage to any immigrant or child of an immigrant upon such conditions as he may deem fit.

Destitute immigrants

18. Such sums as may be necessary for the relief and support of sick or destitute immigrants shall be a charge against the Consolidated Fund.

Regulations

19. The Minister may make regulations for the carrying out of the provision of this Act.

SCHEDULE

FORM A
(Section 9)

NOTICE OF INTENTION TO APPLY FOR A PASSAGE

Application No.
Date
To the Commissioner,..........................................................................., Division

I, ....................................... of, ................................................,hereby give notice that I intend to apply for a free return passage to India for myself and ...............................................................................................................

1. My father's/mother's name is ........................................................................

2. I came as an indentured immigrant to Fiji in the ship .............................................
which arrived on or about the ............................. day of .............................., 1.....
3. My registered number was .............................................................................
4. My father/mother, arrived in Fiji as an indentured immigrant by the ship ....................................... on the ....................... day of ..................., 1.......... .
5. His/her registered number was ........................................................................
6. I was born at on the ................................. day of ................................., 1...... .
7. I have not already received a free return passage to India at the Government’s expense.
8. I desire to be accompanied by-

9. No person named in 8 has already had a free passage to India at the Government's expense.

10. Any notice or other communication intended for me may be served on me at
11. (Any other particulars required)

Signed by the applicant

Dated at in the presence of-

Left
X print if unable to write.
Thumb

FORM B
(Section 10)

APPLICATION FOR A PASSAGE

Application No.
Date

To the Commissioner..............................................................................................Division

I, ........................................... of ......................................................., hereby apply for a free return passage to India for myself and .................................................

1. My father's/mother's name is .........................................................................
2. I came as an indentured immigrant to Fiji in the ship ..................................which arrived on or about the ................................... day of ......................., 1............. .
3. My registered number was .............................................................................
4. My father/mother arrived in Fiji as an indentured immigrant by the ship ..................................... on the ........................ day of ........................ , 1..... .
5. His/her registered number was ........................................................................
6. I was born at on the .................................. day of ................................, 1....... .
7. I have not already received a free return passage to India at the Government's expense.
8. I desire to be accompanied by-

9. No person named in 8 has already had a free passage to India at the Government's expense.
10. Any notice or other communication intended for me may be served on me at
11. (Any other particulars required)

Signed by the applicant
Dated at in the presence of-

Left
X print if unable to write.
Thumb

This form must be delivered to at on or before
the ............................ day of ................................, 19......... .
9(2)

FORM C
(Section 11)

Application No.
Date
To

Take notice that an allotment has been made for you and ......................................... in the ship called the ................................................ which will sail from Suva on or about the ................................ day of .........................., 19................ .

You and ................................... must present yourself/yourselves at the office of the Commissioner Central Division, Suva at on the ................................... day of .................................., 19.................... .

Commissioner.

Suva, this ...................... day of ........................, 19................ .

Controlled by Ministry for Labour, Industrial Relations and Immigration

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