The Tea Districts Emigrant Labour (Repeal) Act 1971

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NO.50 OF 1970

[24th December, 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 the Twenty-first Year of the Republic of Indian as follows:–

1. Short title.

This Act may be called the Tea Districts 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The Tea Districts Emigrant Labour Act.1932.is hereby repealed.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 Districts Emigrant Labour Act, 1932, (22 of 1932) by section 2, and notwithstanding anything to the contrary contained in the said Act,—

(a) Every emigrant labourer in whose case, on the 3rd day of August, 1960, a period of three years from the date of his entry into Assam had not expired,

(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 the Industrial Committee on Plantations, and before the commencement of this Act, and

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

Shall, as from the date of expiry 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of this Act, have the right to be repatriated, and may be repatriated, under the said Act, as if it had not been repealed and the provisions of the said Act in so far as they relate to the enforcement of the right of repatriation of emigrant labourers shall continue to apply as if for the references therein to the Controller, references to the State Government of Assam or an officer authorised by that Government in this behalf had been substituted.

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

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

(b) Within a period of six months from the date of expiry of the aforesaid period of three years, where the latter period expires after such commencement.

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