Full text: Report of the Royal Commission on Labour in India

372 CHAPTER XX. 
means to return after a limited period, the dangers of uncontrolled recruit- 
ing will be enormously reduced, and if, as we hope, a stage is reached when 
there will be more persons offering themselves at the depdts than can be 
accepted, the necessity for control should disappear entirely. We re- 
commend, therefore, that in.the areas not inhabited by aboriginals the 
Government of India, in consultation with the provincial Governments 
and the industry, should consider whether the time has not already arrived 
for dispensing with restrictions over forwarding. If they reach the con- 
clusion that this is not yet possible, the control maintained should be of the 
character we have recommended. Similar control should also be main- 
tained in the aboriginal areas, but the position in all controlled areas 
should be reviewed after the expiry of five years. 
Power to Re-introduce Control. 
We now proceed to outline the wider powers which the new Act 
should confer on Government as safeguards in the event of the recrudes- 
sence of abuses. Briefly, these should make it possible to re-introduce the 
system at present in operation with certain modifications. As has been 
already stated, it is not necessary that power should be retained to pro- 
hibit recruitment absolutely, but we recommend that the measure should 
be so framed as to enable Government to re-introduce in any area the 
prohibition of recruitment otherwise than by means of licensed garden 
sardars and licensed recruiters. In effect, this would enable Government, 
if satisfied that such an extreme step was necessary, to prohibit recruit- 
ment in any particular area except by garden sardars, for they would be 
in a position to withhold licenses from other recruiters. We hope 
that it will nowhere be necessary to re-impose restrictions on actual 
recruitment, but, if this necessity should arise, it would ordinarily be 
unwise to refuse licences to respectable and reliable recruiters re- 
sident within the recruiting districts. More effective control can be 
exercised by local authorities over persons of this character than over 
garden sardars, who may be back in Assam before their irregularities come 
50 light. Further, the aim everywhere must be to reach the position when 
recruits come to the depot without the intervention of an intermediary, 
and this implies that either the agent in charge of the depdt or some 
dther agent of the employer there must have permission to engage the 
amigrant. 
Definition of Assisted Emigration. 
The new law should be limited to the control of assisted emigra- 
bion and, in respect of the definition of both “assistance ’and emigrant ”’, 
there should be modifications of the present system. First, © emigrant ”’ 
should be so defined as to exclude any person who has been employed 
within the preceding twelve months in any capacity in Assam. It is 
entirely wrong to treat the tea garden labourer who wishes to return to 
Assam after visiting his own country as a new recruit, as the present law 
requires. Provision will probably be necessary for the grant of certifi 
cates by employers to labourers intending to return. Secondly, under 
the new law it should not be possible to place restrictions on mere
	        
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