THE EMIGRATION ACT, 1983 
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  ARRANGEMENT OF SECTIONS 
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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent, application and commencement. 
2.  Definitions. 

CHAPTER II 
EMIGRATION AUTHORITIES 

3.  Protectors of Emigrants. 
4.  General duties of Protectors of Emigrants. 
5.  Power to authorise persons to exercise functions of a Protector. 
6.  Emigration check-posts. 
7.  Other emigration officers and staff. 
8.  Emigration officers to be public servants. 

CHAPTER III 
REGISTRATION OF RECRUITING AGENTS 

9.  Registering authority. 
10.  No person to function as recruiting agent without a valid certificate. 
11.  Application for registration. 
12.  Terms and conditions of registration. 
13.  Renewal of registration. 
14.  Cancellation, suspension, etc., of a certificate. 

CHAPTER IV 
PERMITS FOR RECRUITMENT BY EMPLOYERS 

15.  Competent authority. 
16.  Recruitment by employers to be through recruiting agent or under permit. 
17.  Procedure for obtaining permits. 
18.  Period of validity of permit. 
19.  Registration of certain permits. 
20.  Cancellation or suspension of a permit. 
21.  Power to exempt. 

22.  Requirement, etc., as to emigration clearance. 

CHAPTER V 

EMIGRATION CLEARANCE 

23.  Appeals. 

CHAPTER VI 
APPEALS 

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CHAPTER VII 

OFFENCES AND PENALTIES 

SECTIONS 

24.  Offences and penalties. 
25.  Offences by companies. 
26.  Offences to be cognizable. 
27.  Previous sanction of Central Government necessary. 
28.  Punishment to be without prejudice to any other action. 

CHAPTER VIII 

MISCELLANEOUS 

29.  Determination of question as to whether a person is an emigrant. 
30.  Power to prohibit emigration to any country in the interests of the general public, etc. 
31.  Power to prohibit emigration due to outbreak of epidemics, civil disturbances, etc., in a           

country. 

32.  Power to prohibit emigration of any class or category of persons. 
33.  Provisions as to security. 
34.  Refund of security. 
35.  Power to search, seize and detain persons, conveyance, etc. 
36.  Returns and registers. 
37.  Authorities and officers to have certain powers of civil court. 
38.  Power to give directions. 
39.  Effect of other laws. 
40.  Delegation. 
41.  Power to exempt. 
42.  Act not to apply to certain emigrants. 
43.  Power to make rules. 
44.  Notifications and rules to be laid before Parliament. 
45.  Repeal of Act 7 of 1922. 

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THE EMIGRATION ACT, 1983 

ACT NO. 31 OF 1983 

An Act to consolidate and amend the law relating to emigration of citizens of India. 

BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— 

[10th September, 1983.] 

CHAPTER I 
PRELIMINARY 

1. Short title, extent, application and commencement.—(1) This Act may be called the Emigration 

Act, 1983. 

(2) It extends to the whole of India and applies also to citizens of India outside India. 
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint and 
different  dates  may  be  appointed  for  different  provisions  of  this  Act  and  any  reference  in  any  such 
provision to the commencement of this Act shall be construed as a reference to the commencement of that 
provision. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “certificate” means a certificate of registration issued under section 11; 

(b) “conveyance” includes a vessel, vehicle, country-craft and an aircraft; 

(c)  “dependent”  means  any  person  who  is  related  to  an  emigrant  and  is  dependent  on  that 

emigrant; 

(d) “emigrant” means any citizen of India who intends to emigrate, or emigrates, or has emigrated 

but does not include— 

(i)  a  dependent  of  an  emigrant,  whether  such  dependent  accompanies  that  emigrant,  or 
departs  subsequently  for  the  purpose  of  joining  that  emigrant  in  the  country  to  which  that 
emigrant has lawfully emigrated; 

(ii) any person who has resided outside India at any time after attaining the age of eighteen 

years, for not less than three years or the spouse or child of such person; 

(e)  “emigrant  conveyance”  means  any  conveyance  specially  chartered  for  conveyance  of 

emigrants or for conveying emigrants exceeding such number as may be prescribed: 

Provided  that  the  Central  Government  may,  by  notification,  declare  that  any  conveyance 
conveying emigrants to such place as may be specified in the notification shall not be deemed to be 
an emigrant conveyance; 

(f)  “emigrate”  and  “emigration”  mean  the  departure  out  of  India  of  any  person  with  a  view  to 
taking up any employment (whether or not under an agreement or other arrangements to take up such 
employment  and  whether  with  or  without  the  assistance  of  a  recruiting  agent  or  employer)  in  any 
country or place outside India; 

(g) “employer” means any person providing or offering to provide, employment in any country or 

place outside India; 

(h) “employment” means any service, occupation or engagement (not being service, occupation 
or engagement under the Central Government or a State Government), in any kind of work within the 
meaning  of  clause  (o),  for  wages  or  for  reward,  and  all  its  grammatical  variations  and  cognate 
expressions shall be construed accordingly; 

(i) “notification” means a notification published in the Official Gazette; 

1.  30th  December,  1983,  vide  notification  No.  S.O.  940(E),  dated  30th  December,  1983,  see  Gazette  of  India,  Extraordinary,   
Part II, sec. 3 (ii). 

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(j) “prescribed” means prescribed by rules made under this Act; 

(k)  “Protector  of  Emigrants”  means  a  Protector  of  Emigrants  appointed  under  section  3  and 

includes a person authorised under section 5; 

(l)  “recruiting  agent”  means  a  person  engaged  in  India  in  the  business  of  recruitment  for  an 
employer and representing such employer with respect to any matter in relation to such recruitment 
including dealings with persons so recruited or desiring to be so recruited; 

(m)  “recruitment” includes  the  issuing  of  any  advertisement  for the  purpose of recruitment,  the 
offering  by  advertisement  to  secure  or  assist  in  securing  any  employment  in  any  country  or  place 
outside India and the entering into any correspondence, negotiation, agreement or arrangement with 
any individual for or in relation to the employment of such individual in any country or place outside 
India; 

(n)  “registering  authority”  means  the  officer  appointed  under  section  9  to  be  the  registering 

authority for the purposes of this Act; 

(o) “work” means— 

(i) any unskilled work, including any form of industrial or agricultural labour; 

(ii) any domestic service; 

(iii)  any  service,  not  being  a  service in  a  managerial capacity,  in  any  hotel, restaurant,  tea-

house or other place of public resort; 

(iv) work as a driver of a truck or other vehicle, mechanic, technician or skilled labourer or 

artisan; 

(v) work as an office assistant or accountant or typist or stenographer or salesman, or nurse or 

operator of any machine; 

(vi) work in connection with, or for the purposes of, any cinema, exhibition or entertainment; 

(vii) any such work of a professional or of any other nature as the Central Government may, 
having regard to the need for the protection of citizens of India who may be employed in such 
work outside India and other relevant circumstances, specify by notification: 

Provided that the Central Government may, if satisfied that it is necessary so to do having regard 
to  the  conditions  of  service  applicable  with  respect  to  employment  in  any  of  the  aforementioned 
categories  of  work  or  any  sub-category  thereof,  whether  generally  or  in  relation  to  any  particular 
country or place and other relevant circumstances, declare by notification that such category of work 
or sub-category of work shall not be deemed to be work within the meaning of this definition. 

(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, 

be construed as a reference to the corresponding law, if any, in force in that area. 

CHAPTER II 

EMIGRATION AUTHORITIES 

3. Protectors of Emigrants.—(1) The Central Government may, by notification, appoint a Protector 

General of Emigrants and as many Protectors of Emigrants, as it deems fit, for the purposes of this Act. 

(2) The Central Government may, by general or special order, define the area to which the authority 
of a Protector of Emigrants so appointed shall extend and, where two or more Protectors of Emigrants are 
appointed for the same area, also provide, by such order, for the distribution and allocation of the work to 
be performed under this Act in relation to such area. 

(3)  The  Protectors  of  Emigrants  shall  perform  the  functions  assigned  to  them  by  or  under  this  Act 

under the general superintendence and control of the Protector General of Emigrants. 

(4) The Protector General of Emigrants may, in addition to the special function assigned to him by or 

under this Act, perform all or any of the functions assigned to any Protector of Emigrants. 

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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— 

(a) protect and aid with his advice all intending emigrants and emigrants; 

(b) cause, so far as he can, all the provisions of this Act and of the rules made thereunder to be 

complied with; 

(c) inspect, to such extent and in such manner as may be prescribed— 

(i) any emigrant conveyance, or 

(ii)  any  other  conveyance  if  he  has  reason  to  believe  that  any  intending  emigrants  or 
emigrants  are  proceeding  from,  or  returning  to,  India  to  or  from  a  place  outside  India  by  such 
other conveyance; 

(d) inquire into the treatment received by emigrants during their voyage or journey to, and during 
the period of their residence in the country to which they emigrated and also during the return voyage 
or journey to India and report thereon to the Protector General of Emigrants or such other authority as 
may be prescribed; 

(e) aid and advise, so far as he reasonably can, emigrants who have returned to India. 

5.  Power  to  authorise  persons  to  exercise  functions  of  a  Protector.—The  Central  Government 
may, if satisfied that it is necessary so to do in the interest of emigrants or intending emigrants, authorise 
any person to perform all or any of the functions of a Protector of Emigrants under this Act. 

6.  Emigration  check-posts.—(1)  Where  the  Central  Government  considers  that,  with  a  view  to 
preventing or checking the contravention of the provisions of this Act, it is necessary so to do, it may, by 
notification, set up such number of emigration check-posts at such places as may be specified. 

(2) The Central Government may, by general or special order made in this behalf, appoint an officer 
of the Central Government or of a State Government to be an officer in charge of an emigration check-
post set up under sub-section (1). 

(3)  An  officer  in  charge  of  an  emigration  check-post  shall  be  subject  to  the  general  control  and 
supervision  of  the  Protector  of  Emigrants  within  the  local  limits  of  whose  jurisdiction  that  emigration 
check-post is situated. 

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),  as it  may 
think fit, to assist the Protector General of Emigrants and the Protectors of Emigrants in the performance 
of their duties under this Act. 

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  appointed  under  this  Act  shall  be  public  servants  within  the  meaning  of  section  21  of  the 
Indian Penal Code (45 of 1860). 

CHAPTER III 
REGISTRATION OF RECRUITING AGENTS 

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 a Protector of 
Emigrants to be the registering authority for the purposes of this Act. 

10.  No  person  to  function  as  recruiting  agent  without  a  valid  certificate.—Save  as  otherwise 
provided in this Act, no recruiting agent shall, after the commencement of this Act, commence or carry on 
the business of recruitment except under and in accordance with a certificate issued in that behalf by the 
registering authority: 

Provided  that  a  person  carrying  on  the  business  of  recruiting  agent  immediately  before  the 
commencement of this Act may continue to carry on such business without such a certificate for a period 
of one month from such commencement, and if he has made an application for such certificate under this 
Act within the said period of one month and such application is in the prescribed form and contains the 
prescribed particulars, till the disposal of such application by the registering authority. 

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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  financial 
soundness, trustworthiness, premises at which he intends to carry on his business, facilities at his disposal 
for  recruitment,  his  antecedents  (including  information  as  to  whether  any  certificate  had  been issued  to 
him  under  this  Chapter  earlier  and  if  so,  whether  such  certificate  had  been  cancelled)  and  previous 
experience,  if  any,  of  recruitment  and  other  relevant  matters  as  may  be  prescribed  and  shall  be 
accompanied by a receipt evidencing the payment of the prescribed fee and an affidavit giving his current 
financial  standing  and  an  undertaking  in  the  form  prescribed  to  the  effect  that  in  the  event  of  any 
information furnished in or along with the application for registration being found to be false or incorrect 
in any respect, the certificate shall be liable to be cancelled at any time in accordance with the procedure 
prescribed: 

Provided  that  no  application  shall  be  entertained  under  this  sub-section  from  a  person  disqualified 

under sub-section (6) of section 14 till the expiry of the period of such disqualification. 

(2) On receipt of such application, the registering authority shall,— 

(a)  if  the  application  is  not  in  the  prescribed  form  or  does  not  contain  any  of  the  prescribed 

particulars, return the application to the applicant; 

(b) if the application is in the prescribed form and contains the prescribed particulars, inform the 
applicant that he is eligible for the grant of the certificate applied for and, after giving the applicant an 
opportunity  to  be  heard,  determine,  under  sub-section  (3),  the  amount  of  the  security  which  the 
applicant shall furnish. 

(3) The registering authority shall, for securing the due performance of the terms and conditions of 
the  certificate  proposed  to  be  issued  by  it  under  sub-section  (2)  to  an  applicant  and  for  securing 
compliance with the provisions of this Act and the rules made thereunder and for meeting expenses which 
may  have  to  be  incurred  in  the  event  of  the  repatriation  to  India  of  any  of  the  emigrants  who  may  be 
recruited  by  the  applicant  determine,  in  accordance  with  the  rules  made  in  this  behalf,  the  amount  of 
security (not being in any case less than one lakh of rupees) which shall be furnished by the applicant. 

(4)  If  an  applicant  furnishes  in  the  prescribed  manner  the  amount  of  security  determined  under       

sub-section (3) within a period of one month from the date on which the registering authority requires him 
to furnish such security, he shall be issued the certificate applied for by him together with an endorsement 
thereon to the effect that the security required has been furnished by him. 

(5)  If  an  applicant  fails  to  furnish  the  security  required  to  be  furnished  by  him  within  the  period 
specified  in  sub-section  (4),  his  application  shall  be  deemed  to  have  been  rejected  by  the  registering 
authority on the date of expiry of that period. 

12. Terms and conditions of registration.—A certificate issued under section 11 shall be— 

(a) in such form as may be prescribed; 

(b) valid for such period not exceeding five years as may be prescribed: 

Provided that a certificate may be issued for a period shorter than the prescribed period— 

(i) if the person to whom it is issued so desires; or 

(ii) if the registering authority, for reasons to be communicated in writing to the applicant for 

the certificate, considers in any case that the certificate should be issued for a shorter period; 

(c)  subject  to  such  other  terms  and  conditions,  including  in  particular,  the  maintenance  by  the 
holder  of  the  certificate  of  the  prescribed  records  containing  details  of  his  financial  transactions  in 
regard  to  recruitment,  persons  recruited  or  assisted  to  emigrate  by  him,  employers  concerned, 
contracts and other arrangements entered into in connection with recruitment, as may be prescribed: 

Provided that a certificate may contain, in addition to the prescribed terms and conditions, such 
other  terms  and  conditions  as  the  registering  authority  may,  for  securing  the  purposes  of  this  Act, 
impose in any particular case. 

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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 the renewal of a 
certificate as they apply to the issue thereof: 

Provided that no certificate shall be renewed unless, the application for its renewal is made not less 
than  three  months  prior  to  the  date  on  which  the  certificate,  would,  but  for  such  renewal,  cease  to  be 
valid: 

Provided  further  that  the  registering  authority  may  entertain  an  application  for  the  renewal  of  a 
certificate which has been made at any time during the period of three months prior to the date on which 
the  certificate  would,  but  for  such  renewal,  cease  to  be  valid  if  the  applicant  satisfied  the  registering 
authority that he had sufficient cause for not making such application before the said period. 

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:— 

(a)  that  having  regard  to  the  manner  in  which  the  holder  of  the  certificate  has  carried  on  his 
business or any deterioration in his financial position, the facilities at his disposal for recruitment, the 
holder of the certificate is not a fit person to continue to hold the certificate; 

(b)  that  the  holder  of  the  certificate  has  recruited  emigrants  for  purposes  prejudicial  to  the 

interests of India or for purposes contrary to public policy; 

(c) that the holder of the certificate has, subsequent to the issue of the certificate, been convicted 

in India for any offence involving moral turpitude; 

(d) that the holder of the certificate has, subsequent to the issue of the certificate, been convicted 
by a court in India for any offence under this Act, the Emigration Act, 1922 (7 of 1922), or any other 
law relating  to  passports, foreign exchange,  drugs,  narcotics  or smuggling  and  sentenced  in  respect 
thereof to imprisonment for not less than six months; 

(e)  that  the  certificate  has  been  issued  or  renewed  on  misrepresentation  or  suppression  of  any 

material fact; 

(f) that the holder of the certificate has violated any of the terms and conditions of the certificate; 

(g)  that  in  the  opinion  of  the  Central  Government  it  is  necessary  in  the  interests  of  friendly 
relations  of  India  with  any  foreign  country  or  in  the  interests  of  the  general  public  to  cancel  the 
certificate. 

(2)  Where  the  registering  authority,  for  reasons  to  be  recorded  in  writing,  is  satisfied  that  pending     
the  consideration  of  the  question  of  cancelling  any  certificate  on  any  of  the  grounds  mentioned  in        
sub-section  (1)  it  is  necessary  so  to  do,  the  registering  authority  may,  by  order  in  writing,  suspend  the 
operation of the certificate for such period not exceeding thirty days as may be specified in the order and 
require the  holder of the  certificate to  show  cause,  within  fifteen  days  from  the  date of receipt  of such 
order,  as  to  why  the  suspension  of  the  certificate  should  not  be  extended  till  the  determination  of  the 
question as to whether the registration should be cancelled. 

(3)  A  court  convicting  a  holder  of  a  certificate  for  an  offence  under  this  Act  may  also  cancel  the 

certificate: 

Provided  that  if  the  conviction  is  set  aside  in  appeal  or  otherwise,  the  cancellation  under                  

sub-section (3) shall become void. 

(4) An order of cancellation of a certificate may be made under sub-section (3) by an appellate court 

or by a court exercising its powers of revision. 

(5)  Before  passing  an  order  cancelling  or  suspending  a  certificate  the  registering  authority  or  the 
court, as the case may be, shall consider the question as to the provisions and arrangements which should 
be  made  for  safeguarding  the  interests  of  emigrants  and  other  persons  with  whom  the  holder  of  the 
certificate had any transactions in the course of his business as recruiting agent and may make such orders 
(including orders permitting the holder of the certificate to continue to carry on his business with respect 
to all or any such emigrants and other persons) as it may consider necessary in this behalf. 

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(6) Where a certificate issued to any person has been cancelled under this section, such person shall 
not  be  eligible  to  make  any  application  for  another  certificate  under  this  Chapter  until  the  expiry  of  a 
period of two years from the date of such cancellation. 

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 that of a Protector of 
Emigrants to be the authority (hereinafter referred to as the competent authority) for issuing permits under 
this Chapter. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Central  Government  may,  by 
notification,  authorise  any  person  who  is  employed  under  that  Government  in  any  country  or  place 
outside India to exercise the powers of the competent authority, and issue permits under this Chapter to 
employers who are not citizens of India for the purpose of recruiting any citizen of India for employment 
in such country or place and a person so authorised shall endorse a duly certified copy of every permit 
issued by him under this Chapter to the Protector General of Emigrants. 

16.  Recruitment  by  employers  to  be  through  recruiting  agent  or  under  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 except— 

(a) through a recruiting agent competent under this Act to make such recruitment, or 

(b) in accordance with a valid permit issued in this behalf under this Chapter. 

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. 

(2)  On  receipt  of  such  application,  the  competent  authority  shall,  subject  to  any  rules  made  in  this 
behalf,  make  such  inquiry  as  he  may  deem  necessary  and  grant  the  permit  applied  for  or  reject  the 
application: 

Provided that before granting a permit the competent authority may require the applicant to comply 
with  such  conditions  as  may  be  prescribed,  including  conditions  as  to  furnishing  of  security  and  such 
other  conditions  as  that  authority  may,  for  reasons  to  be  recorded  in  writing,  deem  necessary  in  the 
interests of the citizens of India likely to be recruited by the applicant. 

(3)  Subject  to  the  other  provisions  of  this  Act,  the  competent  authority  may  reject  an  application 

under sub-section (1) on any one or more of the following grounds and on no other ground, namely:— 

(a)  that  the  application  is  not  complete  in  all  respects  or  that  any  of  the  material  particulars 

furnished in the application are not true; 

(b) that the terms and conditions of employment which the applicant proposes to offer to persons 

recruited or proposed to be recruited by him are discriminatory or exploitative; 

(c) that the employment which the applicant proposes to offer involves work of a nature which is 
unlawful according to the laws of India or offends against the public policy of India or is violative of 
norms of human dignity and decency; 

(d) that having regard to the antecedents of the applicant, his financial standing, the facilities at 
his disposal, the working and living conditions of persons employed by him in the past, it would not 
be  in  the  public  interest  or  in  the  interests  of  the  persons  who  may  be  recruited  by  him,  to  issue  a 
permit to him; 

(e)  that  having  regard  to  the  prevailing  circumstances  in  the  country  or  in  the  place  where  the 
applicant  proposes  to  employ  the  persons  recruited  by  him,  it  would  not  be  in  the  interests  of  any 
citizen of India to emigrate for taking up such employment. 

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(4) Where the competent authority makes an order under sub-section (2) rejecting an application, he 
shall record in writing a brief statement of his reasons for making such order and furnish the applicant, on 
demand, a copy of the same: 

Provided  that  if  the  competent  authority  is  of  the  opinion  that  it  is  necessary  or  expedient  in  the 
interests of friendly relations with a foreign country or in the interests of the general public so to do, he 
may refuse to provide such copy or, as the case may be, furnish a copy of only such parts of the statement 
as he may deem fit. 

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,  or  till  the 
recruitment or the persons for whose recruitment such permit is issued is completed, whichever is earlier: 

Provided that where the holder of the permit has been unable for sufficient cause, to complete such 
recruitment before the expiry of the prescribed period, the prescribed authority may, subject to rules made 
in this behalf, extend the period of validity of the permit by such further period or periods, not exceeding 
three months at a time. 

19.  Registration  of  certain  permits.—Any  permit  obtained  from  a  person  authorised  under         

sub-section (2) of section 15 shall not be valid unless a certified copy thereof is filed in the prescribed 
manner with the Protector General of Emigrants. 

20. Cancellation or suspension of a permit.—The provisions of section 14 relating to cancellation 
and suspension of a certificate referred to therein shall, subject to such modifications as may be necessary 
(including modifications for construing the references in that section to registering authority as references 
to competent authority under this Chapter), apply for the cancellation or suspension of a permit. 

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, if any, as may be specified in 
the  notification,  exempt  any  class  or  classes  of  employers  from  the  requirement  of  obtaining  a  permit 
under this Chapter. 

CHAPTER V 

EMIGRATION CLEARANCE 

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  authorisation  in  the  prescribed  manner  and 
form (such authorisation being hereinafter referred to as emigration clearance) for emigration. 

(2)  An  application  for  emigration  clearance  shall  be  in  the  prescribed  form,  shall  contain  the 

prescribed particulars and shall be made by the emigrant concerned to the Protector of Emigrants: 

Provided that such application may be made through the recruiting agent, if any, through whom the 

emigrant has been recruited or through the employer concerned. 

(3) Every application under sub-section (2) shall be accompanied by— 

(a)  a  true  copy  (verified  and  authenticated  in  the  prescribed  manner)  of  the  agreement  with 
respect to the employment for the taking up of which the applicant proposes to emigrate and where 
such agreement does not provide for all or any of the prescribed matters, also a statement (verified 
and authenticated in the prescribed manner) setting out the particulars with respect to such matters; 

(b) a statement (verified and authenticated in the prescribed manner) as to the provision by way 
of security for meeting the expenses which may be incurred in case it becomes necessary to arrange 
for the repatriation to India of the applicant; 

(c) a receipt evidencing the payment of the prescribed fee; 

(d) such other relevant documents or copies of relevant documents as may be prescribed. 

9 

(4)  The  Protector  of  Emigrants  shall,  after  satisfying  himself  about  the  accuracy  of  the  particulars 
mentioned in the application and in the other documents submitted along with the application, authorise 
in  the  prescribed  manner  and  form,  the  emigration  of  the  applicant  or  intimate  by  order  in  writing  the 
applicant  or,  as the  case  may  be, the  recruiting  agent  or  employer through  whom  the  applications have 
been made about the deficiencies and required him to make good such deficiencies within such time as 
may be specified in the order or reject the application. 

(5) Subject to the other provisions of this Act, the Protector of Emigrants may reject an application 
for emigration clearance under this section on any one or more of the following grounds and on no other 
ground, namely:— 

(a)  that  the  terms  and  conditions  of  employment  which  the  applicant  proposes  to  take  up  are 

discriminatory or exploitative; 

(b) that the employment which the applicant proposes to take up involves work of a nature which 
is unlawful according to the laws of India or offends against the public policy of India or is violative 
of norms of human dignity and decency; 

(c) that the applicant will have to work or live in sub-standard working or living conditions; 

(d) that having regard to the prevailing circumstances in the country or place where the applicant 
proposes  to  take  up  employment  or  the  antecedents  of  the  employer  under  whom  the  applicant 
proposes to take up employment or any other relevant circumstances, it would not be in the interests 
of the applicant to emigrate; 

(e)  that  no  provision  or  arrangement  has  been  made  for  meeting  the  expenses  which  may  be 
incurred in case it becomes necessary to arrange for the repatriation to India of the applicant, or that 
the provisions or arrangements made in this behalf are not adequate for the purpose. 

(6) Every order rejecting an application for emigration clearance shall set out clearly the ground or 
grounds  on  which  the  order  has  been  made  and  the  facts  or  circumstances  on  which  such  ground  or 
grounds are based. 

CHAPTER VI 
APPEALS 

23. Appeals.—(1) Any person aggrieved by— 

(a) an order of the registering authority rejecting his application for registration or requiring him 
to  furnish  any  security  or  to  comply  with  any  term  or  condition  (not  being  a  prescribed  term  or 
condition) specified in the certificate issued to him or suspending or cancelling or refusing to renew 
the certificate issued to him; or 

(b) an order of the competent authority rejecting his application for a permit or requiring him to 
comply with any terms or conditions (not being a prescribed term or condition) specified in the permit 
issued  to  him,  or  suspending  or  cancelling  or  refusing  to  extend  the  period  of  the  validity  of  the 
permit issued to him; or 

(c) an order of the Protector of Emigrants rejecting his application for emigration clearance; or 

(d) an order of the registering authority or the competent authority or the Protector of Emigrants 
or the prescribed authority requiring him to furnish any security, additional security or fresh security 
under this Act, or forfeiting or rejecting his claim for refund (whether wholly or partly in either case) 
of the security, the additional security or the fresh security furnished by him; 

may  prefer  an  appeal  against  such  order  to  the  Central  Government  within  such  period  as  may  be 
prescribed. 

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: 

Provided  that  an  appeal  may  be  admitted  after  the  expiry  of  the  period  prescribed  therefor  if  the 
appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within 
that period. 

10 

(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the 

Limitation Act, 1963 (36 of 1963), with respect to the computation of periods thereunder. 

(4)  Every  appeal  under  this  section  shall  be  made  in  such  form  as  may  be  prescribed  and  shall  be 

accompanied by a copy of the order appealed against and by such fee as may be prescribed. 

(5) The procedure for disposing of an appeal (including remand of the matter for further consideration 

to the authority whose order has been appealed against) shall be such as may be prescribed: 

Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of 

representing his case. 

(6) Every order made  on an appeal under this section confirming, modifying or reversing the order 

appealed against shall be final. 

CHAPTER VII 

OFFENCES AND PENALTIES 

24. Offences and penalties.—(1) Whoever— 

(a) except in conformity with the provisions of this Act emigrates; or 

(b) contravenes the provisions of section 10 or section 16; or 

(c)  by  intentionally  furnishing  any  false  information  or  suppressing  any  material  information 

obtains a certificate or a permit or an emigration clearance under this Act; or 

(d) without lawful authority makes or causes to be made any alteration in any certificate or permit 
or in any document or endorsement by way of emigration clearance issued or made under this Act; or 

(e) disobeys or neglects to comply with any order of the Protector of Emigrants under this Act; or 

(f) collects from an emigrant any charges in excess of the limits prescribed under this Act; or 

(g) cheats any emigrant; 

shall  be  punishable  with  imprisonment  for  a term  which  may  extend  to  two  years  and  with fine  which 
may extend to two thousand rupees: 

Provided that in the absence of any special and adequate reasons to the contrary to be mentioned in 
the judgment of the court, such imprisonment shall not be less than six months and such fine shall not be 
less than one thousand rupees. 

(2)  Whoever  attempts  to  commit  any  offence  under  sub-section  (1)  shall  be  punishable  with  the 

punishment provided for such offence under that sub-section. 

(3) Whoever contravenes any term or condition subject to which any emigration clearance has been 
given  under  this  Act,  shall,  if  no  other  punishment  is  provided  elsewhere  in  this  Act  for  such 
contravention,  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  one  year  or  with  fine 
which may extend to two thousand rupees or with both. 

(4)  Whoever  abets  any  offence  punishable  under  this  Act  shall,  if  the  act  abetted  is  committed  in 

consequence of the abetment, be punishable with the punishment provided for that offence. 

(5) Whoever, having been convicted of an offence under any provision of this Act is again convicted 
of  an  offence  under  the  same  provision,  shall  be  punishable,  for  the  second  and  for  each  subsequent 
offence, with double the penalty provided for that offence. 

25.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

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(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  is  attributable  to  any  neglect  on  the  part  of  any  director,  manager,  secretary  or  other 
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of 
that offence, and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

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 such officer or authority as may be authorised by that Government by order in writing in 
this behalf: 

Provided  that  no  sanction  shall  be  required  when  an  offence  has  been  committed  in  respect  of  an 
emigrant or an intending emigrant and the complaint is filed by such emigrant or intending emigrant, or 
on  behalf  of  such  emigrant  or  intending  emigrant,  by  the  father,  mother,  husband,  wife,  son,  daughter, 
brother,  sister  or  guardian  of  such  emigrant  or  intending  emigrant,  or  if  such  emigrant  or  intending 
emigrant is a member of a joint Hindu family, by the manager of that family. 

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 respect to such contravention. 

CHAPTER VIII 

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 Emigrants shall decide the question after holding an inquiry in such manner and 
upon considering such evidence as may be prescribed and such other evidence as may be relevant, and 
communicate the decision to such person in the prescribed manner. 

30.  Power  to  prohibit  emigration  to  any  country  in  the  interests  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 sovereignty and integrity of India, the security 
of India, friendly relations of India with any foreign country or the interests of the general public, it may, 
by notification, prohibit emigration to that country. 

(2)  A  notification  issued  under  sub-section  (1)  shall  have  effect  for  such  period  not  exceeding  six 

months as may be specified in the notification: 

Provided  that  if  the  Central  Government  has  reason  to  believe  that  the  grounds  mentioned  in          

sub-section (1)  continue  to  exist,  it  may,  from  time  to  time,  by  notification,  prohibit  emigration  to that 
country for such further period, not exceeding six months on each occasion, as may be specified in the 
notification. 

 31.  Power  to  prohibit  emigration  due  to  outbreak  of  epidemics,  civil  disturbances,  etc.,  in  a           

country.—(1) Where the Central Government has reason to believe— 

(a) that intending emigrants if allowed to emigrate to any country would be exposed to serious 

risk to life on arrival there by reason of— 

(i) outbreak of any disease or grave pollution of environment in such country, or 

(ii) outbreak of hostilities or civil war or civil commotion or political disturbances; 

12 

(b) that by reason of India not being in diplomatic relations with that country it is not possible to 

protect the emigrants from discrimination, maltreatment and exploitation, 

it may, by notification, prohibit emigration to that country. 

(2)  A  notification  issued  under  sub-section  (1)  shall  have  effect  for  such  period  not  exceeding  six 

months as may be specified in the notification: 

Provided  that  if  the  Central  Government  has  reason  to  believe  that  any  ground  mentioned  in                     

sub-section (1) continues to exist, it may, from time to time, by notification, prohibit emigration to that 
country for such further period, not exceeding six months on  each occasion, as may be specified in the 
notification. 

 32.  Power  to  prohibit  emigration  of  any  class  or  category  of  persons.—(1)  Where the  Central 
Government considers that in the interests of the general public, immigration of any class or category of 
persons, having regard to their age, sex or other relevant factors, to any country should be prohibited, it 
may, by notification, prohibit the emigration to such country of such class or category of persons as may 
be specified in the notification. 

(2)  A  notification  issued  under  sub-section  (1)  shall  have  effect  for  such  period  not  exceeding  six 

months as may be specified in the notification: 

Provided that if the Central Government has reason to believe that any of the grounds mentioned in 
sub-section (1) continues to exist, it may, from time to time, by notification, prohibit emigration of such 
class  or  category  of  persons  to  that  country  for  such  further  period,  not  exceeding  six  months  on  each 
occasion, as may be specified in the notification. 

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 security  or 
other financial provision is required to be made. 

(2) The prescribed authority  may, after giving notice in the prescribed manner to a person who has 
furnished  any  security  for  any  purpose  and  after  giving  to  such  person  an  opportunity  to  represent  his 
case,  by  order  in  writing,  direct  that  the  whole  or  any  part  of  such  security  may  be  forfeited  for  being 
utilised for such purpose and in such manner as may be specified in the order. 

(3) Where it appears to the prescribed authority that the security furnished by any person under this 
Act for any purpose has, for any reason, become inadequate, or has ceased to be available for any reason 
whatsoever, the prescribed authority may, after giving him an opportunity to represent his case, by order 
in  writing,  require  such  person  to  furnish  such  additional  security  or,  as  the  case  may  be,  such  fresh 
security as may be specified in the order. 

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  furnished  and  the  other 
circumstances in which and the manner in which any security furnished under this Act may be released or 
refunded shall be such as may be prescribed. 

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 persons, vessels or aircraft or any other conveyance, or seizure of any document or thing or 
arrest of any person or otherwise for the purpose of prevention or detection of any offence under that Act 
or for apprehending a person suspected to have committed any offence under that Act may be exercised, 
for  the  purpose  of  prevention  or  detection  of  any  offence  under  this  Act  or  for  apprehending  a  person 
suspected to have committed any offence under this Act, by— 

(a) any such officer of customs, or 

(b) the Protector General of Emigrants or a Protector of Emigrants, or 

(c) an officer in charge of an emigration check-post. 

13 

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  may  be 
prescribed. 

(2)  The  Protector  General  of  Emigrants,  the  registering  authority,  the  competent  authority  or  a 

Protector of Emigrants may, by order, call for any other return or information from a recruiting agent. 

(3)  The  Protector  General  of  Emigrants,  the  registering  authority,  the  competent  authority  or  a 
Protector  of  Emigrants  or an  officer in  charge  of  an emigration  check-post  may  inspect  any  register  or 
other  record  maintained  by  a  recruiting  agent  under  sub-section  (1)  and  for  the  purpose  of  such 
inspection, enter, at any reasonable time, the business premises of a recruiting agent. 

37. Authorities and officers to have certain powers of civil court.—(1) The Protector General of 
Emigrants, the registering authority, the competent authority and every Protector of Emigrants shall, for 
the purpose of discharging their functions under this Act, have the same powers as are vested in a court 
under  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  while  trying  a  suit,  in  respect  of  the  following 
matters, namely:— 

(a) summoning and enforcing the attendance of witnesses; 

(b) requiring the discovery and production of any document; 

(c) requisitioning any public record or copy thereof from any court or office; 

(d) receiving evidence on affidavits; and 

(e) issuing commissions for the examination of witnesses or documents. 

(2)  Every  proceeding  before  the  Protector  General  of  Emigrants,  or  the  registering  authority  or  the 
competent  authority  or  a  Protector  of  Emigrants  shall  be  a  judicial  proceeding  within  the  meaning  of 
sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Protector General of Emigrants, the 
registering authority, the competent authority, and every Protector of Emigrants shall be deemed to be a 
civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 
of 1974). 

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 Emigrants as 
to the carrying into execution of any provision of this Act. 

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 other than this Act or 
in any agreement or other instrument having effect by virtue of any enactment other than this Act. 

(2) Save as provided in sub-section (1), the provisions of this Act shall be in addition to, and not in 

derogation of, any other law for the time being in force. 

40. Delegation.—The Central Government may, by notification, direct that any power or function— 

(a) which may be exercised or performed by it under this Act, or 

(b) which may be exercised or performed by a registering authority, a competent authority or a 

Protector of Emigrants under this Act, 

may,  in  relation  to  such  matters,  and  subject  to  such  conditions,  if  any,  as  it  may  specify  in  the 
notification, be also exercised or performed— 

(i) by such officer or authority subordinate to the Central Government, or 

(ii)  by  any  State  Government  or  by  any  officer  or  authority  subordinate  to  such  State 

Government, or 

(iii)  in  any  foreign  country  in  which  there  is  no  diplomatic  mission  of  India,  by  such  foreign 

consular office, 

as may be specified in the notification. 

14 

41. Power to exempt.—(1) Where the Central Government, on a reference made to it or otherwise, is 

satisfied that having regard to— 

(a) the friendly relations with any foreign country; or 

(b) the known reputation of any foreign employer or class of foreign employers, for providing to 
emigrants standard conditions of living and working, and their methods of recruitment and conditions 
of employment; or 

(c) the methods of recruitment followed and the conditions of employment provided by a public 

undertaking or an approved concern for the execution of its projects abroad; or 

(d) the facilities and conditions of service provided by Government officers posted abroad to their 
domestic servants accompanying such Government officers, where the expenditure in respect of the 
passage of such domestic servants is borne by the Government; and 

(e) all other relevant considerations, 

it is necessary or expedient in the public interest so to do, the Central Government may, by notification, 
and subject to such conditions, if any, as may be specified in the notification, exempt from the operation 
of  all  or  any  of  the  provisions  of this  Act, such foreign  dignitary  or  class  of foreign  employers,  public 
undertaking, approved concern or Government officers. 

Explanation.—For the purposes of this sub-section— 

(a) “public undertaking” means— 

(i) an undertaking owned and controlled by Government; or 

(ii)  a  Government  company  as  defined 

in  section  617  of 

the  Companies  Act,                                 

1956 (1 of 1956); or 

(iii) a body corporate established by or under any Central, Provincial or State Act; 

(b) “approved concern” means such company incorporated under the Companies Act, 1956 (1 of 
1956) or  partnership firm  registered under  the  Indian Partnership  Act,  1932  (9  of  1932),  or  society 
registered  under  the  Societies  Registration  Act,  1860  (21  of  1860)  or  any  other  law  relating  to 
societies for the time being in force in any State, or co-operative society registered under any Central, 
Provincial or State law, as the Central Government may, by notification, approve for the purposes of 
this section. 

(2) If the Central Government is satisfied that it is necessary for implementing any treaty, agreement 
or convention between India and a foreign country or foreign countries so to do, it may, by notification, 
and subject to such conditions, if any, as may be specified in the notification, exempt from the operation 
of all or any of the provisions of this Act, recruitment by such authorities, agencies or persons as may be 
specified in the notification either generally or for such purposes as may be specified in the notification. 

42. Act not to apply to certain emigrants.—Nothing contained in this Act shall be deemed to apply 

to— 

(a) the recruitment or emigration of any person who is not a citizen of India; 

(b)  the  control  of  recruiting  in  India  for  the  service  of  foreign  States  to  which  the  Foreign 

Recruiting Act, 1874 (4 of 1874) applies. 

43.  Power  to  make  rules.—(1) The Central Government may, by notification, make rules to carry 

out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the powers and duties of officers and employees appointed for the purposes of this Act and the 

terms and conditions of their service; 

15 

(b) the form of— 

(i) a certificate to commence or carry on the business of recruitment, and of an application for 

the issue or renewal thereof; 

(ii)  a  permit  for  the  recruitment  of  persons  for  employment  outside  India,  and  of  an 

application for the issue thereof; 

(iii) an application for emigration clearance; 

(iv) an appeal to be preferred to the Central Government; 

(c) the manner and form in which an authorisation by way of emigration clearance may be given; 

(d) particulars to be contained in an application for a certificate or a permit or for an emigration 

clearance; 

(e) the manner in which different inquiries required to be held under this Act may be held; 

(f) the manner in which the amount of security for securing the due performance of the terms and 
conditions  of  the  certificate  or  permit  or  for  compliance  with  the  provisions  of  this  Act  shall  be 
furnished; 

(g)  the  manner  of  verifying  or  authenticating  documents  and  copies  of  documents  for  the 

purposes of this Act; 

(h) the procedure to be followed in hearing an appeal preferred to the Central Government; 

(i) the fees to be paid in respect of applications and other matters under this Act; 

(j)  the  charges  which  a  recruiting  agent  may  recover  from  an  emigrant  in  respect  of  services 

rendered and the scales and limits of such charges; 

(k) the terms and conditions subject to which a certificate or a permit or an emigration clearance 

may be issued under this Act; 

(l) the period of the validity of a certificate or a permit issued under this Act; 

(m) the authority competent to extend the period of validity of a permit or to forfeit security or to 

require any additional security or fresh security under this Act; 

(n) the accommodation, the provisions, the medical stores and staff, the life saving and sanitary 
arrangements  and  other  provisions  and  arrangement  for  the  well-being,  security  and  protection  of 
emigrants  which  shall  be  provided  and  the  records  which  shall  be  maintained  in  any  emigrant 
conveyance. 

(o) any other matter which is required to be, or may be, prescribed. 

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 be laid, as soon as may be after it is issued or made, before  each House of Parliament, 
while it is in session, for a total period of thirty days which may be comprised in one session or in two or 
more successive sessions, and if, before the expiry of the session immediately following the session or the 
successive  sessions  aforesaid,  both  Houses  agree  in  making  any  modification  in  the  notification  or  the 
rule or both Houses agree that the notification or the rule should not be issued or made, the notification or 
the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, 
however, that any such modification or annulment shall be without prejudice to the validity of anything 
previously done under that notification or rule. 

45. Repeal of Act 7 of 1922.—The Emigration Act, 1922 is hereby repealed. 

16 

