The Emigration Act, 1983
Administered Ministry: Ministry of External Affairs
Section
Section 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.
(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.
Section 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.
(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.
Section 43 Power to make rules. 2 docs
(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;
(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.
(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;
(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.
Section 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.
Section 45 Repeal of Act 7 of 1922.
The Emigration Act, 1922 is hereby repealed.