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EMIGRATION ACT, 1922

 

Sections

Contents

 

 

Preamble

 

 

CHAPTER I PRELIMINARY

 

1

Short title and extent.

 

2

Definitions.

 

 

CHAPTER II–PROTECTORS OF EMIGRANTS AND MEDICAL INSPECTORS

 

3

Appointment of Protectors of Emigrants.

 

4

General duties of Protector.

 

5

Power to appoint persons to exercise functions of a Protector.

 

6

Appointment of Medical Inspectors.

 

7

Agents in foreign countries.

 

8

Advisory Committees.

 

 

CHAPTER III- EMIGRATION FOR THE PURPOSE OF UNSKILLED WORK

 

9

Ports from which emigration of unskilled workers is lawful.

 

10

Countries to which emigration of unskilled workers is lawful.

 

11

Power to suspend emigration of unskilled workers.

 

12

Revocation of prohibition.

 

13

Power of Federal Government to prohibit emigration to specified country.

 

14

Saving.

 

 

CHAPTER IV-EMIGRATION FOR THE PURPOSE OF SKILLED WORK

 

15

Ports from which emigration of skilled workers lawful.

 

16

Emigration of skilled workers.

 

17

Applications how to be disposed of.

 

18

Appearance of engaged persons before, and registration of names by, Protector of Emigrants.

 

19

Provisions as to security.

 

20

Delegation to Protector of Emigrants of authority to receive or dispose of applications.

 

21

Power to prohibit emigration of skilled workers

 

22

Saving.

 

 

CHAPTER V–RULES

 

23

Power of Federal Government to make rules.

 

24

Power for the Federal Government to make rules

 

 

CHAPTER VI–OFFENCES

 

25

Unlawful emigration or inducement to emigrate.

 

26

Fraudulently inducing to emigrate

 

27

False representation of Government authority

 

27-A

Charging of fee for providing foreign employment or non-fulfilment of commitment to provide foreign employment

 

27-B

Unauthorised advertisements for foreign employment

 

27-C

Penalty for offences

 

28

Sanction to prosecutions

 

29

Power for Custom-officer to search and detain for purposes of Act

 

 

CHAPTER VII-SUPPLEMENTAL

 

30

(Omitted)

 

30-A

Power to prohibit departure by sea, air or land from Pakistan for the purpose of unskilled work

 

 

CHAPTER VIII-SAVINGS AND REPEAL

 

31

Application of Act.

 

32

(Rep.)

 

33

(Rep.)

 

 

 

THE

EMIGRATION ACT, 1922

(VII OF 1922) 

5th March, 1922

 

An Act to amend the law relating to emigration.

Whereas it is expedient to amend the law relating to emigration;

 It is hereby enacted as follows ;

 

 

CHAPTER I

PRELIMINARY

 

1. Short title and extent. (1) This Act may be called the Emigration Act, 1922.

(2) It extends to the whole of Pakistan.

2. Definitions. (1) In this Act, unless there is anything repugnant in the subject or context, –

(a) 'dependant' means any woman or child who is related to an emigrant and any aged or incapacitated relative of an emigrant;

(b) 'emigrant' means any person who emigrates or has emigrated or who has been registered as an emigrant under this Act, and includes any dependant of an emigrant, but does not include'

(i) any person emigrating to a country in which he has resided for not less than five years or the wife or child of such person, or

(ii) the wife or child of any person' who has lawfully emigrated when such wife or child departs for the purpose of joining such person;

(c) 'emigrate' and 'emigration' mean the departure by sea, air or land out of Pakistan of-

(i) any person who departs under an agreement to work for hire in any country beyond the limits of Pakistan, and

(ii) any person who is assisted to depart, otherwise than by a relative, if he departs, for the purpose or with the intention of working for hire or engaging in agriculture in any country beyond the limits of Pakistan;

(cc) 'emigrant ships aircraft or vehicle' means any ship, aircraft or vehicle specially chartered for the conveyance of emigrants, or conveying emigrants exceeding a number to be prescribed :

Provided that the Federal Government may, by notification in the official Gazette, declare that ships, aircraft or vehicles conveying emigrants to any specified port or place shall not be deemed to be emigrant ships, aircraft or vehicles ;

(d) 'prescribe' means to prescribe by rules made under this Act;

(e) 'work' with its grammatical variations, means skilled or unskilled work;

(f) 'skilled work' means-

(i) working as an artisan; or

(ii) working as clerk or shop assistant; or

(iii) working for the purpose of any exhibition or entertainment; or

(iv) service in any restaurant, tea-house, or other place of public resort; or

(v) domestic service ; or

(vi) any other occupation which the Federal Government may, by notification in the official Gazette, declare to be skilled work

(g) 'unskilled work' includes engaging in agriculture.

(2) In case of any doubt or dispute arising otherwise than in the course of any legal proceedings, as to whether-

(a) any person is an emigrant, or

(b) any work is skilled or unskilled, or

(c) any person has been assisted otherwise than by a relative, within the meaning of this Act, the question shall be determined by such person and in such manner as the Federal Government may prescribe, and such determination shall be final.

 

 

CHAPTER II

PROTECTORS OF EMIGRANTS AND MEDICAL INSPECTORS

 

3. Appointment of Protectors of Emigrants. (1) The Federal Government may appoint a person to be the Protector of Emigrants for any port or other place situate in Pakistan from which emigration is lawful.

(2) The Federal Government may define the; area to which the authority of a Protector of Emigrants so appointed shall extend.

(3) Every Protector of Emigrants shall be a public servant within the meaning of the Pakistan Penal Code.

4. General duties of Protector. Every Protector of Emigrants, in addition to the special duties assigned to him by or under this Act, shall-

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

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

(c) inspect, at the time of arrival, to such extent and in such manner as the Federal Government may prescribe, vessels, aircraft and vehicles bringing return emigrants to the port or place for which he is Protector o

(d) inquire into the treatment received by return emigrants both during the period of their residence in the country to which they emigrated, and also during the return journey, and report thereon to the Federal Government;

(e) aid and advise return emigrants so far as be reasonably can; and

(f) on being satisfied that any person intending to depart by sea, air or land out of Pakistan, comes within one of the classes expressly excluded from the definition of emigrant in Section 2, furnish such person with a certificate to the effect that such person is not an emigrant for the purpose of this Act.

5. Power to appoint persons to exercise functions of a Protector. (1) In any specified area where there is not a Protector of Emigrants, the Federal Government may appoint any person to perform all or any of the duties of a Protector of Emigrants under this Act.

(2) Every person so appointed shall be a public servant within the meaning of the Pakistan Penal Code.

6. Appointment of Medical Inspectors.-(1) The Federal Government may appoint one or more Medical Inspectors of Emigrants at any port other place from which emigration is lawful or at any other place, and, where more than one are appointed, may apportion their respective duties.

(2) Every Medical Inspector of Emigrants shall be a public servant within the meaning of the Pakistan Penal Code.

7. Agents in foreign countries. (1) Federal Government may, for the purpose of safeguarding the interest of emigrants in any place outside Pakistan, appoint persons to be agents in such places, and may define their powers and duties.

8. Advisory Committees. The Federal Government may, for the purpose of assisting any Protector of Emigrants appointed by it or any person appointed by it under Section 5, constitute an Advisory Committee in such manner as it may think fit, and may prescribe the procedure to be followed and the functions to be performed by such committee.

 

 

CHAPTER III

EMIGRATION FOR THE PURPOSE OF UNSKILLED WORK

 

9. Ports from which emigration of unskilled workers is lawful. (1) Emigration, for the purpose of unskilled work, shall not be lawful except from the Port of Karachi, and from such other ports or places as the Federal Government may, by notification in the official Gazette, declare to be ports or places from which such emigration is lawful.

(2) The Federal Government may, by notification in the official Gazette fix for the purpose of this Act the limits of any port or other place from which such emigration is lawful.

10. Countries to which emigration of unskilled workers is lawful. (1) Emigration for the purpose of unskilled work, shall not be lawful except to such countries and on such terms and conditions as the Federal Government, by notification in the official Gazette, may specify in this behalf.

(2) No notification shall be made under sub-section (1) unless it has been laid in draft before the Federal Legislature and has been approved by a resolution with or without modification or addition, and, upon such approval being given, the notification may be issued in the form in which it has been so approved.

11. Power to suspend emigration of unskilled workers. (1) Where the Federal Government has reason to believe that in any country to which emigration for the purpose of unskilled work is lawful, plague or any other epidemic disease dangerous to human life has broken out, and that emigrants is allowed to emigrate to that country would be exposed to serious risk to life on arrival there, is may, by notification in the official Gazette, declare that emigration to that country for the purpose of unskilled work shall cease to be lawful.

(2) Where the Protector of Emigrants for any port or other place has reason to believe that such a state of affairs as is described in sub-section (1) -exists in any country to which emigration for the purpose of unskilled work is lawful, he may, by notification in such manner as he thinks fit, declare that emigration to that country for the purpose of unskilled work from that port or place shall cease to be lawful pending a reference to the Federal Government.

(3) The Protector of Emigrants publishing a notification under sub-section (2) shall forthwith report such notification with the reasons for it to the Federal Government, which shall thereupon publish a notification in the official Gazette confirming or cancelling the notification published by the Protector of Emigrants.

12. Revocation of prohibition. Where the Federal Government is satisfied that the ground on which a notification under sub-section (1) of Section 11, or a notification under subsection (3) of Section 11, confirming a notification of a Protector of Emigrants has been made' with respect to any country has ceased to exist, it may, by notification in the official Gazette, declare that emigration to that country for the purpose of unskilled work shall again be lawful from a date to be specified in the notification.

13. Power of Federal Government to prohibit emigration to specified country. (1) The Federal Government may by notification in the official Gazette, prohibit, from a date, and for reasons, to be specified in the notification, all persons or any specified class of persons from emigrating to and specified country from the territories under the administration of any Provincial Government or any specified part thereof, for the purpose of unskilled work.

(2) Every notification issued under this section shall be laid before the Federal Legislature as soon as may be after it is made.

 14. Saving. A notification under Section 10, Section 11, Section 12 or Section 13 shall not affect any act done, offence committed, or legal proceedings commenced before the date on which such notification takes effect.

 

 

CHAPTER IV

EMIGRATION FOR THE PURPOSE OF SKILLED WORK

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