The Foreign Recruiting Act, 1874

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The Foreign Recruiting Act was enacted on a fine day of 24.02.1874. This Act has been incorporated to control recruiting in India for the services in foreign Countries. The Central Government has absolute control over the activities performed under the Act. They perform to fulfill all the meets and bounds of the Act making all necessary provisions and Orders as and when it is necessary to do so in pursuance of the Act. The provision of this Act shall not be applied to any other Citizen other than India for recruitment or emigration.

In this Act the foreign state includes any number of people exercising the power of Government over entire Country beyond the limits of our Country. In case if any person in India seeks for recruitment or attempt to seek any services in foreign state, the Central Government shall authorize or rule out their demand by way of a written Order as it may deems fit through notifications in the Official Gazette. The Central Government shall by General Order or Special Order as notified in the Official Gazette could make certain conditions on such recruitment to be obtained in such foreign countries by the people from India as it may think fit.  The Central Government shall rescind and make any number Orders in pursuance to this Act with the intention in good faith for appropriate technique of investigation on recruitments outside India as it thinks fit and necessary.

This Act confers a wide discretion to the Central Government to notify the terms and conditions under which persons may be barred from being recruited by a foreign Country. In case of any violation by prohibition of the Central Government regulations or standards in pursuance to the conditions relating to the recruitment procedures abroad from India, Such person shall be offended with imprisonment with or without fine as prescribed by this Act.

In case if any person manipulate or attempt to manipulate unlawfully any people to accept or proceed to go to any destination outside India from India for recruitment with an ill intention of getting commission or any other illegal benefits shall be punished with such years of imprisonment with or without fine as it may deems fit.

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In case if any person intentionally aid any person who are manipulated or influenced to accept or carry on to go to any destination outside India from India, by providing money are any other support or assistance to such person shall be punished up to seven years of imprisonment and fine as the concern Courts may deem fit for the unlawful Act committed.

In case if any person who is found doing unlawful activities in pursuance to this Act by influencing or engaging any person to carryon to any destination outside India from India or aiding him for the same in order to get unlawful remunerations or benefits in any place or district shall be properly enquired and proceeded under the provisions of Code of Criminal Procedure, 1898 in such a place or district as it may deem fit.

Initially the law presented to the Government of India was outdated as there was nothing to prevent our Indian Country as a ground for recruitment in Foreign Countries. In the year 2014 the Law Commission has recommended to repeal seventy two such obsolete archaic laws including this Act in order to keep pace as per changes in social and economic culture in India. To be noted that this Act has already in several situations was recommended to repeal under 43rd Report of the Law Commission, on offence against national security considering this Act as a violation of Indian Constitution under Article 19 which says about Freedom of Occupation. As per the 2nd Administrative Reforms Commission Report in 2006 and PC Jain Commission in its Appendix-I in 1998 also recommended repealing this Act. This Act has been recommended to repeal because it empowers Government to issue Orders to prevent recruitment of Indians by Foreign Countries.

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by C.Srivenkatesh Prabhu