ON

The Hygienit Management of Labour

in the Tropits.

AN ESSAY

(WITH WHICH HI INCORPORATED THE LABOUR CODE BY

COURTESY OF THE F.M.S. GOVT .)

BY

P. N. GERRARD

B.A. , B.CH., B.A.O., M.D., Dublin UniverRity,

D .T.M.H. Cambridge Univeraity,

L.M. & Special Certifioate Rotunda Ilospital Dublin,

Diploma (with distinotion . )

London Sohool of Tropioal Medioine,

Medioal Offioer Kua.la Kangsar diptrict,

F . M. S. Civil Servioe.

Late Health Offioer , Belangor.

£ SINGAPORE :

Printed at ~e Methodist Publishing House.

1913.

Press Oriticism.

THE CEYLON OBSER.VER..

Saturday Evening, April 20th, 1907.

The Medical Management ()f Coolies on Estates.

SOlliE HINTS FROM THE M ALAY STATES.

Mr. P. N. Gerrard, a medical officer in the Fedcrated Malay States who has gone carefully into the subject of the medical treat­ment of CSLate coolies and the sanitation of coolie lines on estates, writcs an intercsting article on the subject, with special refcrence to conditions prevailing in the Malay Peninsula in the "Agi'i­cultural Bulletin of the Straits.'" He first gives some general advice to planters about their own health, which contains nothing original so we need not quote. Mr. Gerrard writes in an easily read style as some of the extracts we make show. At the beginning he postulates that" a dead or broken-down coolie is of no practical nse on any estate."

FIRST AID FOR COMlIWN DISEASES.

The next few pages of Mr. Gerrard's article are good. He treats of the principal diseases coolies are subject to; he briefly (lescri bes the principal symptoms and suggests the soundest "amateur treatment" to be adopted as an immediate and first measure by the planter. 'l'he several diseases dealt with include: malarial feve r, dysentery, diarrhrea, anchylostomiasis, debility, ulcers, worms, elephantiasis and varicose veins, leprosy, sprue, smull-pox, plague, cholera, dengue, measles and phthisis, &c.

MOSQUJ'ro CURTAINS .FOR COOLIES.

Dealing with malarial fever, <Mr. Gerrard gives advice which­though it may be sound-is, we think, impracticable, and most p lnntel's will ridicule it. He snys : "The necessity of sleeping in mosquito curtai ns must be ' rnbbed into ' coolies; the Chinese have adopted them and there is absolutely no reason why the 'ramil should not be educated up to their use." Regarding anchylos­tomiasis, hc takes a leaf out of a recent Ceylon circular 1'e "com­pelling coolies to wear shoes and gaiters or putties when at work, or in smearing their lcgs with some sticky substance." Apart from these two cases, Mr. GeHard's directions are of much use to plan­tel's; and the article is a timely one. Plans and estimates for semi-permanent and perrrianent lines and latrines, by MI'. W. A. Wilkinson, A.lILl .C.B., are appended.

PubliBhed in the Fedemted Malay S tates Gove1'wnent Gazette of September 27, 1912, No. 37, Vol. IV, Notification N o. 2432.

LABOUR OODE, 1912.

TABLE OF CONTENTS.

PART I .

PRl~I.IMIN AIW .

CHAPTER I.

Short title and repeal

CHAPTER II.

Interpretat.ion

PART II.

Sections.

1 to 3

4 to 7

PRO VI SION, RETJA'l'IN G '1.'0 IMNr IG RA 'I' [oN.

CHAPTER Ill.

Arrival, examination and detent ion of immi grants 8 to 14

O H APTER IV.

Special provisions relating to Ohinese immigrants 15 to 38

O H APTER V .

Special provisions relating to Indian immigrants 39 to &7

PART III.

G I~Nmn.A L P hOVISlONS Rl1]r,A'J'[NG '1'0 r,A130 lTH.

O HAP 'fER VI.

Agreem.ents .,. 68 to 73

CHAPTER VII.

Oontracts 74 to 95

CHAPTER VIII.

General 96 to l2~

11.

PART IV.

PROVISIONS HETJA'l'TNG 'L'O SPECIAL CLASSE8 OF I,ABOUR.

OHAPTER IX. Sectiol1~.

Labour working board and schedule of labour 1fLW8 for Ohinese labourers 123 to 127

DOJnf'stir sel'Ya,nts ~

OHAPTER X.

PAH:r V.

128 to 129

P1WYISTON' B l<~LA'I'lNG TO PlUOlU'I'Y OJ.' WA GER AND 'rH}~

1'lWCK SYS1'EM.

OHAPTF.R XI.

Priority of labourer', wages .. . 130 to 137

OHAPTER XII.

Pl'ovisions as to the truck system '" 138 to 148

PART VI.

PJWYISLONH H'ELA'l'rN(1 ']'0 A Sr STED JM.lILJ GRA'L'ION.

OHAPTER XIII.

The)ndian Immigl'n.tion Fund .. . 149 to 166

PART. VII.

SPECTA L PR,OYT IONS RELA'l'lNG '1'0 LABOUHERS EMPLOYED TN MT NE: ' .

C HAP'l'ER XIV.

Interpretation and provision,' for the observance of mining usage ... 167 to 179

OHAPTER XV.

Sftnitation and hospitals upon mines .. , 180 to 186

111.

PAR,T VIII.

PROVISIONS RELA'fING TO HEALTH OF ASSISTANTS AND

LABOURER.s.

CRAP'rER XVI. Sections.

Interpl'etation and honse accommodation 187 to 194

CHAP'l'ER X VII.

Wa,ter suppl'y ... 19.5 to 198

CHAPTER XVIII.

Sanitary arrangements ... ]99 to 201

CHAPTER XIX.

Hospital accommodation, equipment and medical attendance ... 202 to 207

CHAPTER XX.

Infectious alld contagious diseases ... 208 to 209

CHAPTElt XXI.

General ... 210 to 217

PART IX.

PROV rSIONS f/,.RLA'I' ING '1'0 PI.ACJJ~S ON}' !'I' J!'Ol~ '.rH};

I~MPLOYM'EN'I ' OF .LABOUR.

CHAPTER XXII.

Enabling powers ... 218 to 222

PART X.

SPECTArJ OF.I!'ENOJi:S .

CHAPTER XXIII.

Offences again st labo11l'ers 223 to 228

CHAPTER XXIV.

Offences by labourers 229 to 238

CRAPTER XXV.

General 239 to 240

lV.

PART XI.

PR,OV ISWNS RI<ll,A'I' fN G ~'o PR,001TIDURl!;, AO~I'IONS AND RUIJES .

CHAPTER XXVI.

Procedure .. ,

CHAPTER XXVII.

Limitation of liability of persons ex:el'cising

Sections.

241 to 256

powers 257

CHAPTER XXVIII.

Provisions as to rules 258

SCHEDULES.

RULES.

FEDERATED MALAY STATES.

ENACTMEN1' No. 6 OF 1912.

An Enactment t·o make provision for matters relating to Labour.

ARTHUR YOUNG,

P1'esident of the F'edeml Oouncil. [21st SepteD! bel', 1912. ]

I T is hereby enacted by the Rulers of the F eder:1ted Malay States in Council as follows:

PART 1.

PH.JiJLIlIlINAHY .

CHAPTER 1. SHORT TITLE AND REPEATJ,

1. This Enactment may be cited as " 'rhe Laboill' Code, 1912," ShOl't title d h 11 . f 1 d h 11 b . t d b tl ,mel commonco an s a. come mto orce upon SUC) ate as s a e P"ppOlll ,e y 10 '\lpnt,.

Chief Secretary to Government by notification in the Gazette.

2. The Enactments mentioned in the first schedule are hereby Rcp~" I . repealed.

3. The provisions of Part VIII of this Enactment shall, as ne,tr as m,ty be, apply to natives of Netherlands India and the phwes where they are employed, but wi th this exception none of the provisions of this Enactment which may be inconsistent with the provisions of the Netherlands Indian Labourers' Protection Enactments, 1909, shall apply to any native of NetherhLnds Indin. who has entered into [t contract of service ·llllder the provisions of those Enactment.s or to the employers with whom sn.ch contract of service has been entered into.

CHAPTER II.

IN 1'J<JRPRE1'ATION.

Sttving of N etherlttnds I nci ... n Lnbolll'­(H'S' Protection 1.:lluctmell tN. lfllJn.

4 . }<'or the purposes of this Enactment unless the context otherwise Intel'pI'et ntioll, requires:

"Agreement" means a verbal engagement 1,0 laboHr entered into" Agl'eement." in accordance with the provisions of this Enactment.

" Contract" means a wl'it,ten engagement to labour entered into "Oontrnct .. " in accordance with the provisions of this Enn.ctment.

"Contract labourer" means :1 person who is legally bound to "Oontrnci; labour by virtue of a contract. ItLbOlll'Ol', "

" Court " means the Court of a Magistrate of the First Class. " Oourt."

"Domestic servant" includes coachmen, grooms, motor-car drivers, " Domestic gardeners, water-carriers fmd other house, stable or garden servants sm·"A.nt." employed in, or in connection with, the domestic services of itny public or private dwelling-house or eating-house,

'f Employor,"

ttImmigrant ship," 't Labolu'N','J

" Lines,"

H ~Iaster." -

"Medira,l Offlcm·."

"Place of employment."

H Port Offlcel'."

I Protector, H

H Resident."

Controller o[ J ... u,bour.

Existing Enactments not all'ected.

2 No.6 OF 1912.

" Employer " includes every per 'on and every body of persons, corporate or unill corporate, who or which enters into an agreement or contract with any labourer aR hereinafter defined, and the duly authorised agent or manaO'er of such person or body of persons.

"Immigrant ship" means a ship carrying immigrants .

" Labourer" includes every Asiatic artificer, miner, servant in husbandry, and every other Asiatic employed for the purpose of personally performing any manual labour or of recruiting or super­vising Asiatics for, or in the performance of, such labour, but does not include domestic servants.

" Lines " means any bui lding 01' collection of bllildings used 01'

intended to be usec1 , either temporarily 0 1' permanently, for the housing of labourers employed on fLll estate.

" Mastel''' means the persoll for tbe time being in cbarge of a ship.

"Medical 0fficer " Ill eans the PrillcipaJ Medical Officer, F ederated Malay States, and includes cLny officer to whom the P rincipal Medinal Officer ~h all , by writing under his hand, have delegated the exercise or performance of all 01' any of the powers 01' clutieR conferred or imposed on a Medical Officer by this Enactment to the extent of the powers or duties so delegated.

"Place of employment" means any place where "Work is carried on by or on behalf of an employer .

" P ort Officer " includes the Conservator of a P ort 0 1' the Harbo11l' Mastel'.

" Protector " means the Secretary fot' Chinese Affairs and includes such other officers as the Chief Secretary to Government may deda,re, by not ification in the Ga~ette, to be vested with the powers conferred upon the Protector by this Enactment.

" Resident" means the Resident of the State in which the place of employment is situated.

" Ship" includes every kind of vessel used fo1· . the con veyance of pas~engers by water whether propeU d by oars 0 1' otherwise.

5~ (i) It shall be lawful for the Chief Secretary to Government to appoint an ofHcer to be styled the" Controller of Labom," hereinafter refelTed to as " the Controller," a,nd also to cLppoint one 01' }Lore officers to be styled" Deputy Controller of Labour," 0 1' "Assistant Con troller of Labour," who, subject to such limitations as the Chief Secretary to Government ma,y by rule prescribe, may perhl1'Ju all duties imposed and exercise [tIl powers confened on the Controller by this Enactment, and every duty so performed shall be deemed. to have been duly performed for the purposes of this Enactment.

(ii ) It shall also be .htwful for the Chief Secl'etruy to Government to appoint such other officer s as he m[ty deem necessary for the purpose of giving effect to the provisions of this Enactment.

6. Nothing in this Enactment shall operate to relieve any em­ployer of any duty or liability imposed upon him by the provisions of any other Bnactment for the time being in force or to limit any powers given to any Government officer by any such Enactment.

TJA I OUH OODE . 3

7. All agreements and contract !:) valid and in force at the dn,te of the coming into force of this Enactment shall continue to be in force after such date, and, subject to the express provil: ions in any SllCh agreement or contract conbined, the parties thereto sh ~tll be su bject to and entitled to the benefit of the provisions of this Enactment.

PART II.

PROVJRJON RIHJNJ'TNG 'I'D IMM IGR,ATION.

CHAPTER III. ARRIVL\L, EXAMINATION AND DE'fENTION O'~' I Ml\fIORANTS.

8. It, shall be htwful foJ.' the Chief Secretary to Government (a) to establish at cLUY port in the F ederated Malay States

depot. for the examination of immigrants (hereillf.Lfter called examination depots) ;

(11) to establish at any place i l l the F derated Malay States depOts for the detention of indebted immigrants (herr in­after caneel detention depOts).

9. (i) No immigrant shall land in or enter the F ederated Malay States except at such ports ani places as the Chief Secretary to Govern­ment may, by notification in the Gazette , prescribe, or at such ports or places until authorised by the Controller of Labour or an officer of his department.

(ii) Any master callsing or permitting any immigrant to land contrary to the provisions of sub-section (i) sball be lia.l>le to a fine Dot exceeding fifty doHIL1'S for c[Lch immigrant so landin g. A master from whose ship an immigrant 'hall land contrary to the provisions of sub-section (i) shtLll, in the t\,bsellce of proof t o t.he contrary, be deemed to luwe caused or permitted him so to land.

10. Ships baving any immigrant' on board shall, on arrival within signalling distall ce of allY port prescribed under the provisions of the last preceding section, hoist such sign,t1s as may be Pi' scribed by rules under this Enactment:

11. On the arrival of tbe ship the Port Officer shall give imme­diate notice to the Controller of Labour, or in the case of an immi­grant ship al'l'iving at a port in the F ederated Malay States on a voyage from China to the Protector, who shall forthwith proceed on board.

12. (i) Subject to the provisions of the Customs Regulat,ions Enactments, 1907, it shall nnt be lawful for allY person other tb f1n the Controller of IJabour, lVleclical Officer, P ort Officer, the Chief Police Officer, or any of their subordinate officers, or in the case of all immi­grant ship a,rriving at a port in the F ederated Malay States on a voyage from China the Protector, 01' the owner, agent. or consignee of an immigrant ship to communicat.e with any such ship on its arrival in port" except for the purpose of lallding pcLssengers or disembarking immigrants lUldel' the provisions of this Part until after the immi­grants on board thereof have been disembarked; and no immi~raDt shall disemhLl'k or land, or at tempt' to disembark 0 1' lanel, from allY such ship except as provided by this Part or by rules mtLde under tt,is Enactment,

Extent of retrospecti vo ... ctiou of EnnctlllPllt.

nxu,minnt i01 l fl e;pAt,~ .

Detention depllts.

]>ol'l $ fwd plnces n.t which lJnmiglllllts mfly htncl 01' ontel'thc }'ede",ted ?t{lIln.y States.

J'Plllll ty null PI'('R l1l1lption.

Al'rivtd of ships to be signlllled.

Controllcl' to receivA notice of fll'rivul and go on \)ollol'd.

No COmmll1li· ClItion with ship till altel' immigrants landeel exe'ept l.W cCl'lIt in offi cers.