Sections Particulars
Preamble
(31 OF 1983) [10th September, 1983] An Act to consolidate and amend the law relating to emigration of citizens of India BE it enacted by Parliament in the T...
Chapter I Preliminary
1 Short, extent, application and commencement
1. Short, extent, application and commencement. – (1) This Act may be called the Emigration Act, 1983. It extends to the whole of India and applies also to c...
2 Definitions
(1) In this Act, unless the context otherwise requires,- "Certificate" means a certificate of registration issued under section 11, "conveyance" includes a v...
Chapter II Emigration Authorities
3 Protectors of Emigrants
(1) The Central Government may, by notification, appoint a Protector General Emigrants and as many Protectors of Emigrants, as it deems fit, for the purpose ...
4 General duties of Protectors of Emigrants
Subject to the other provisions of this Act, every Protector of Emigrants shall, in addition to the special duties assigned to him by or under this Act - Prot...
5 Power to authorize persons to exercise functions of a Protector
The Central Government may, if satisfied that it is necessary so to do the in the interest of emigrants or intending emigrants, authorize any person to perfor...
6 Emigration check posts
6. (1) Where the Central Government considers that, with view to preventing or checking the contravention of the provisions of this Act, it is necessary so to...
7 Other emigration officers and staff
The Central Government may appoint such other officers and employees (hereinafter referred to as the emigration officers and emigration employees), may think...
8 Emigration officers to be public servants
The Protector General of Emigrants, Protectors of Emigrants, the officers in charge of emigration check-posts, emigration officers and emigration employees a...
Chapter III Registering authority
9 Registering authority
The Central Government may, by notification, appoint the Protector General of Emigrants or any other officer of that Government of a rank higher than that of...
10 No person to functions as recruiting agent without a valid certificate
.- Save as otherwise provided in this Act, nor recruiting agent shall, after the commencement of this Act, commence or carry on the business of recruitment ex...
11 Application for registration
(1) An application for registration shall be made to the registering authority in such form and shall contain such particulars as to the applicant’s financia...
12 Terms and conditions of registration
.- A certificate issued under section 11 shall be- In such form as may be prescribed, valid for such period not exceeding five years as may be prescribed: tha...
13 Renewal of registration
A certificate may be renewed from time to time and the provisions of this Act and the rules made thereunder (including provisions as to fees) shall apply to ...
14 Cancellation, Suspension, etc., of a certificate
(1) The registering authority may cancel any certificate on any one or more of the following grounds and on no other ground, namely :- That having regard to t...
Chapter IV Permits for Recruitment by Employers
15 Competent authority
(1) The Central Government may, by notification, appoint the Protector General of Emigrants or any other officer of that Government of a rank higher than tha...
16 Recruitment by employers to be through recruiting agent or permit
Save as otherwise provided by or under this Act, no employer shall recruit any citizen of India for employment in any country or place outside India expect -...
17 Procedure for obtaining permits
.- (1) An employer desiring to obtain a permit under this Chapter may make an application in that behalf in the prescribed form to the competent authority. On...
18 Period of validity of permit
A permit issued under section 17 shall be valid till the expiry of such period, not exceeding one year, as may be prescribed, from the date of issue thereof,...
19 Registration of certain permits
Any permit obtained from a person authorized under sub-section (2) of section 15 shall not be valid unless a certified copy thereof is filed in the prescribe...
20 Cancellation or suspension of a permit
The provisions of section 14 relating to cancellation and suspension of certificate referred to therein shall , subject to such modifications as may be neces...
21 Power to exempt
The Central Government may, if satisfied that it is necessary or expedient so to do in the public interest, by notification and subject to such conditions, i...
22 Requirement, etc., as to emigration clearance
(1) No citizen of India shall emigrate unless he obtains under this Chapter from the Protector of Emigrants authorization in the prescribed manner and form (...
Chapter V Appeals
23 Appeals
(1) Any person aggrieved by - An order of the registering authority rejecting his application for registration or requiring him to furnish any security or to...
Chapter VI Offences and Penalties
24 Offences and Penalties
.- (1) Whoever.- Except in conformity with the provisions of this Act emigrates, or contravenes the provisions of section 10 or section 16, or by intentionall...
25 Offences by companies
.- (1) Where an offence under this Act has been committed by a company, every person who, at the time of the offence was committed, was in charge of, and was ...
26 Offences to be cognizable
.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974), all offences under this Act shall be cognizable. ...
27 Previous sanction of Central Government necessary
.- No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central Government or ...
28 Punishment to be without prejudice to any other action
The award of punishment for an offence under this Act shall be without prejudice to any other action which has been or which may be taken under this Act with...
Chapter VII Miscellaneous
29 Determination of question as to whether a person is an emigrant
Where a question arises before a Protector of Emigrants as to whether a person intending to depart from India is or is not an emigrant, the Protector of Emig...
30 Power to prohibit emigration to any country in interest of the general public, etc
(1) Where the Central Government has reason to believe that sufficient grounds exist for prohibiting emigration to any country, having regard to the sovereign...
31 Power to prohibit emigration due to outbreak of epidemics, civil disturbances, etc., in a country
(1) Where the Central Government has reason to believethat intending emigrants if allowed to emigrate to any country would be exposed to serious risk to life ...
32 Power to prohibit emigration of any class or category or persons
(1) Where the Central Government considers that in the interest of the general public, emigration of any class or category of persons, having regard to their ...
33 Provisions as to security
(1) Any security or other financial provision which may be required to be made under this Act shall be reasonable having regard to the purpose for which such ...
34 Refund of security
.- Any security furnished under this Act shall be refunded or, as the case may be, released, when no longer required for the purpose for which it has been fur...
35 Power to search, seize and detain persons, conveyance etc
.- All the powers for the time being conferred by the Customs Act, 1962 (52 of 1962), on officers of customs with regard to the searching and detention of per...
36 Returns and registers
(1) Every recruiting agent shall maintain such registers and other records and shall submit to the prescribed authorities such periodical or other returns as...
37 Authorities and officers to have certain powers to civil court
(1) The Protector General of Emigrants, the registering authority, the competent authority and every Protector of Emigrants shall, for the purpose of dischar...
38 Power to give directions
.- The Central Government may give directions to the Protector General of Emigrants, the registering authority, the competent authority or any Protector of Em...
39 Effect of other laws
(1) The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment or ot...
40 Delegation
.- The Central Government may, by notification direct that any power or function.- Which may be exercised or performed by it under this Act, or which may be e...
41 Power to exempt
(1) Where the Central Government, on a reference made to it or otherwise, is satisfied that having regard to - The friendly relations with any foreign countr...
42 Act not to apply to certain emigrants
42. Nothing contained in this Act shall be deemed to apply to - The recruitment or emigration of any person who is not a citizen of India the control of recru...
43 Power to make rules
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act. In particular, and without prejudice to the generality o...
44 Notifications and rules to be laid before Parliament
Every notification issued under clause (o) of sub section (1) of section (2), section 30, section 31 or section 32 and every rule made under section 43 shall...
45 Repeal of Act 7 of 1922. Short title and commencement
The Emigration Act, 1922 is hereby repealed. ...
Rules
1 Short title and commencement
1. (1) These rules may be called the Emigration Rules, 1983. They shall come into force on the date of their publication in the official Gazette. ...
2 Definitions
In these rules unless the context otherwise requires,- "Act" means the Emigration Act, 1983 (31 of 1983), "Certificate" means a certificate issued under Secti...
3 Amount of security
.- (1) Determination of the amount of security deposit under sub-section (3) of Section 11 shall be done with reference to the estimated number of persons to ...
4 Validity of certificate
A certificate shall be valid for a period of three years : Provided that a certificate may be issued for a shorter period - If the person to whom it is issue...
5 Renewal of Certificate
5. An application for renewal of certificate under Section 13 shall be in Form X and shall be accompanied by a bank draft of (five hundred rupees) payable in ...
6 Terms and conditions of the certificate
.- (1) The registration certificate shall be subject to the following terms and conditions.- This certificate shall be valid for a period specified in the cer...
7 Permits for recruitment by employers
(1) Application for permits. The application for issue of the permits for recruitment by foreign employers shall be in Form VI. The application for issue of ...
8 Conditions of permit
The permit shall be subject to he following conditions, namely :- (i) The permit is not transferable The permit is valid for a period of six months from the ...
9 Issue of permit
(1) on receipt of the application, the competent authority may verify the facts contained in the application and may make the following enquiries to ascertai...
10 Application for emigration clearance
(1) Every application made under sub-section (2) of Section 22 of the Act shall be made in Form IX by the applicant directly or through the recruiting agent ...
11 Direct recruitment by foreign employer
(1) Where an emigrant has been recruited directly by a foreign employer, the emigrant shall be required to deposit one way return fare calculated form the pl...
12 Form of appeal
(1) Every appeal presented to the Central Government under Section 23 of the Act shall be in the form of a memorandum signed by the appellant. The memorandum...
13 Procedure before the appellant authority
(1) on receipt of an appeal under Rule 18, the Appellate Authority shall send a copy of the memorandum of appeal to the registering authority or the competen...
14 Contents of the order in appeal
 The order of Appellate Authority shall be in writing and shall state briefly the grounds for the decision and shall also be signed by the Appellate Authority...
15 Representation of party
Any person who has filed an appeal under section 23 of the Act may appoint a pleader, advocate or any other person to appear, plead and act on his behalf befo...
16 Procedure for deciding emigrant status
Where a question arises before a Protector of Emigrants as to whether a person intending to depart from India is or is not an emigrant shall be decided by th...
17 Forfeiture of security deposit
Where the competent authority or the registering authority has reason to believe that it is expedient to forfeit the whole or any part of security furnished ...
18 Authorities and officers to have certain power of civil courts
.- (1) The protector General of Emigrants, the registering authority, the competent authority and every Protector of Emigrants shall, for the purpose of disch...
19 Service charges
The charges which the recruiting agent may recover from an emigrant in respect of services rendered shall not exceed (rupees five thousand in the case of ski...
20 Service of notice and orders
A notice or an order issued under these rules shall be served on any person in the following manner, that is so to say by delivering or tendering the notice ...
20A Withdrawal of the Certificate of Registration of Recruiting Agent during Suspension.
Where an order suspending the operation of the registration certificate of the recruiting agent has been issued by registering authority, under sub-section (...
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