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EMIGRATION RULES, 1959

 

Rules

Contents

 

 

Preamble

 

1

Short title and commencement

 

2

Definitions

 

 

PART-I

RULES REGARDING EMIGRATION OF UNSKILLED LABOUR

l.-Emigration staff

 

3

Emigration Commissioner

 

4

Duties of the Emigration Commissioner

 

5

Appointment of Assistant to Emigration Commissioners

 

6

Constitution of circles and appointment of Inspectors of Emigration

 

7

Emigration Agents

 

8

Emigration Agent to be licensed

 

9

Unlicensed persons not to recruit

 

10

Prohibition of agreements of emigrate

 

11

Emigration Agent not to recruit unless licence countersigned by District Magistrate

 

12

Power of District Magistrate to refuse countersignature

 

13

Power of District Magistrate to cancel countersignature

 

14

Notice to Emigration Commissioner of countersignature refusal to countersign or cancellation of countersignature

 

15

Powers and duties of Sub-Divisional Magistrates.

 

16

Production of licence before Magistrate or Police officer-Endorsement by a Magistrate on the licence

 

 

ll.-Supply of Information to persons emigrating under Assistance

 

17

Statement of Information

 

 

lll – Places of accommodation in areas in which emigrants are obtained

 

18

Establishment of places of accommodation.

 

19

Requirements to be observed in connection with places of accommodation.

 

20

Inspection of and visits to place of accommodation.

 

 

IV-Restriction and Recruiting by Emigration Agents

 

21

Operations not to be extended to pilgrim centres and places notified by Federal Government.

 

22

Persons below the age of 18 years unaccompanied by a relative not to emigrate.

 

23

Restriction on emigration of single man.

 

 

V.-Production before a Magistrate

 

24

Production of emigrants before Magistrate.

 

25

Magistrate to check nominal roll.

 

26

Rejected persons not to be permitted to emigrate.

 

27

Confirmation of non-emigrants.

 

 

VI.- Conveyance of emigrants to the port of embarkation

 

28

Despatch of person permitted to emigrate.

 

29

Competent person to accompany emigrants to port of embarkation.

 

 

VII.-Non-recruited emigrants

 

30

Non-recruited emigrants.

 

 

VIII. Places of accommodation at the port of embarkation

 

31

Place of accommodation at port of embarkation.

 

32

Place to be licensed.

 

33

Cancellation of licence.

 

34

Report of arrival and departure of emigrants.

 

35

inspection by Protector and Medical Inspector.

 

36

Appointment of resident medical officer.

 

37

Inspection and visits to place of accommodation.

 

38

Residence of Emigration Commissioner in or near place of accommodation.

 

39

Registers to be maintained and returns to be submitted.

 

40

Disposal of persons refused assistance to emigrate.

 

41

Procedure on occurrence of Infections or contagious diseases.

 

42

Report of casualties.

 

43

Deaths.

 

 

IX.-Examination before embarkation

 

44

Nominal roll of emigrants about to embark.

 

45

Examination before embarkation.

 

46

Recording of Protector's order.

 

47

Emigrant not to embark for seven days.

 

48

Detention of emigrant temporarily unfit to undertake voyage.

 

49

Disposal of rejected emigrants.

 

50

Examination of rejected emigrants.

 

51

Fee to be charged for emigrants permitted to embark.

 

 

X.- Return Emigrants

 

52

Lodging of return emigrants.

 

53

Treatment of sick return emigrant.

 

54

Despatch of assisted return emigrants to their homes.

 

55

Payment of deposits made in the Colonies by return emigrants.

 

56

Report to Protector of deaths during the voyage

 

 

XI.-Agents appointed under Section 7 of the Act

 

57

Agents appointed under Section 7

 

 

PART II

RULES FOR THE EMIGRATION OF SKILLED LABOUR

l.-Permission to engage or assist persons to emigrate

 

58

Application for permission to engage or assist persons so emigrate under section 16.

 

59

Copy of application and the order thereon to be forwarded to Protector.

 

60

Certificate to be granted by Protector to the applicant.

 

61

Register of complaints to be maintained by Protector.

 

62

Period of limitation for appeals.

 

 

II. Licensing of Passage Brokers

 

63

Unauthorized person not to assist in emigration.

 

64

Application for licence in Form No 17.

 

65

Application for licence in Form No. 18

 

66

Power to cancel licence and refuse renewals

 

66-A

Appeal

 

67

Register of licences

 

68

Licensee not to recover cost of recruitment

 

69

Conditions for obtaining passage

 

70

Power of Protector to cancel or suspend licence

 

71

Omitted

 

 

PART III

SUPPLEMENTARY

 

72

Power to exclude or modify application of rules

 

73

Repeal

 

 

EMIGRATION RULES, 1959 

13th December, 1959

 

In exercise of the powers conferred by Section 24 of the Emigration Act, 1922 (VII of 1922), the Federal Government is pleased to make the following rules the same having been previously published, as required by sub-section (1) of the said section, namely :

1. Short title and commencement.-(l) These rules may be called the Emigration Rules, 1959.

(2) They shall come into force at once.

2. Definitions.-ln these rules, unless there in anything repugnant in the subject or context :-

(a) 'The Act' means the Emigration Act, 1922 (VII of 1922);

(b) 'Assisted return emigrant' means a return emigrant who Is assisted to return to Pakistan by the Government of the country to which he emigrated ;

(c) 'form' means a Form set forth in the Schedule to these rules ;

(d) 'labourer' means any person performing unskilled work;

(e) 'Magistrate' means any stipendiary Magistrate appointed under the Code of Criminal Procedure, 1898 :

Provided that the Federal Government may, by notification in the official Gazette, direct that the powers of a Magistrate, under all or any of these rules, may be exercised by such other class of Magistrates as it may specify in this behalf, either generally or in any specified area, or for the purposes of emigration to any specified country;

(f) 'Medical Inspector' means the Medical Inspector of emigrants ;

(g) 'Protector' means the Protector of emigrants ;

(h) 'Return emigrant' means an emigrant who has left Pakistan in terms of the Act and who returns to Pakistan.

 

 

PART-I

RULES REGARDING EMIGRATION OF UNSKILLED LABOUR

 

l.-Emigration staff

 

3. Emigration Commissioner.~(1) The appointment of an Emigration Commissioner by the Government of a country to which emigration is lawful shall, for the purposes of these rules, that effect from the date on which the Federal Government may, by notification in the Official Gazette, declare Its approval of the appointment.

(2) The Federal Government shall not declare its approval of such appointment unless it is satisfied that the remuneration received by the person so appointed will not depend on the number of labourers whom he assists to emigrate but will be in the nature of fixed salary.

4. Duties of the Emigration Commissioner.-(1) An Emigration Commissioner shall-

(a) be responsible for the diffusion of correct information regarding the country by the Government of which he is appointed and for all arrangements made to secure emigrants or that country and to assist them to emigrate thereto ;

(b) control and be responsible for the operations of all persons engaged by him or under his orders in pursuance of such arrangements.

(2) The Emigration Commissioner and all officers appointed under the Act or under these rules shall comply with any instructions which the Federal Government may issue from time to time for the purpose or carrying into effect the provision of the Act and of these rules.

5. Appointment of Assistant to Emigration Commissioners.– An Emigration Commissioner shall, if the Federal Government so requires, appoint a responsible Assistant to be stationed at a suitable centre for the supervision of Emigration Agents and of the places of accommodation established under rule 18. Such appointment shall be approved by the Federal Government

6. Constitution of circles and appointment of Inspectors of Emigration.-(1) An Emigration Commissioner may and if required by the Federal Government shall, divide the area within a Province, within which he desires to secure 'emigrants, Into circles approved by the Federal Government. For each such circle he shall appoint, with the previous approval of the Protector, an Inspector of Emigration, whose duty It shall be to supervise the work of all persons engaged in assisting and inducing labourers to emigrate to the country represented by the Emigration Commissioner by whom he is appointed.

(2) The salary and allowances of an Inspector of Emigration shall be fixed and shall not depend on the number of emigrants obtained from this circle.

(3) If the Federal Government, after such enquiry as it thinks fit, desires an Inspector to be removed from his post, the Emigration Commissioner shall be bound to comply with its request.

7. Emigration Agents.-(l) An Emigration Commissioner may appoint as many persons as he may consider necessary for purpose of propaganda, and for assisting labourers to emigrate. Such persons shall be called Emigration Agents.

(2) Emigrations Agents must be men of good character and respectability and shall, whenever possible, be men who have actually worked in the country for which they are employed. They shall be paid a fixed salary which shall not depend on the number o f emigrants recruited by them.

(3) An Inspector of Emigration appointed under rule 6 shall not be appointed an Emigration Agent.

8. Emigration Agent to be licensed.-(l) No person shall operate as an Emigration Agent unless he is in possession of a valid licence is Form No. 1 issued by the Emigration Commissioner in this behalf.

(2) A licence issued under sub-rule (1) shall be valid for a period of one year but may be renewed by the Emigration Commissioner for further period of three months at a time.

(3) The number of persons whom an Emigration agent Is authorised to assist to emigrate and the area in which he is authorised to operate shall be specified in every such licence.

(4) The Emigration Commissioner shall forward a copy of any licence issued by him under this rule to the Protector and to the District Magistrate of every district in which an Emigration Agent is authorised by such licence to operate and shall inform the Protector and such District Magistrate whenever he renews a licence.

9. Unlicensed persons not to recruit.-No person, except under and in accordance with a licence issued under rule 8, shall cause or assist, or attempt to cause or assist, any person to emigrate or to attempt to emigrate or to leave place for the purpose of emigrating.

10. Prohibition of agreements of emigrate.-No person shall enter into, or attempt to enter into, any agreement with any person purporting to bind him to emigrate.

11. Emigration Agent not to recruit unless licence countersigned by District Magistrate.-An Emigration Agent shall not operate in a district for which he holds a licence unless the licence has been countersigned by the District Magistrate of such district.

12. Power of District Magistrate to refuse countersignature.– lf a District Magistrate is satisfied, after such enquiry, if any, as he thinks necessary and after giving the Emigration Agent and opportunity of being heard, that an Emigration Agent who desires to recruit labour in his district is by character or from any other cause unfitted to be employed in such recruitment, he may refuse to countersign the licence issued to such Emigration Agent, under rule 8 ; the reasons for such refusal shall be recorded in writing by the District Magistrate.

13. Power of District Magistrate to cancel countersignature.-lf any misconduct or disregard of these rules or of the conditions of his licence on the part of an Emigration Agent comes to the notice of the District Magistrate of a district in respect of which such Agent's licence has been countersigned in accordance with rule 11, or if such District Magistrate finds reason to believe that such Agent is, by character or from any other cause, unfitted to be an Emigration Agent, he may require such Agent to produce his licence, and after giving him an opportunity of being heard may, if he is satisfied that such misconduct or disregard has occurred or that he is so unfitted, cancel the countersignature thereon.

14. Notice to Emigration Commissioner of countersignature refusal to countersign or cancellation of countersignature.-When a District Magistrate countersigns or refuses to countersign a licence under Rule 11 or Rule 12, as the case may be, or cancels the countersignature on a licence under Rule 13, he shall at once report such countersignature, or such refusal or cancellation, to the Emigration Commissioner who granted the licence and to the Protector. The Emigration Commissioner shall cancel any licence on which countersignature has been refused or cancelled by any District Magistrate and inform the Protector.

15. Powers and duties of Sub-Divisional Magistrates.-Where a licence is limited to a sub-division or any part thereof, the powers conferred and duties imposed by Rules 11 to 14 shall be exercised and performed by the Sub-Divisional Magistrate of such Sub-Division.

16. Production of licence before Magistrate or Police officer.-Endorsement by a Magistrate on the licence.-A Emigration Agent shall, on the demand of a Magistrate or officer-in-charge of a Police Station produce the licence issued to him under Rule 8. Should such Magistrate desire to endorse on the licence any remark concerning such Agent, he shall be entitled to do so and such remark shall be reproduced on ail subsequent licence issued to such agent until it is ordered to be expunged-

(a) by the District Magistrate to whom such Magistrate is subordinate or, if the Magistrate making the endorsement was the District Magistrate by such District Magistrate or its successor-in-office, or

(b) by the Federal Government:

Provided that the Federal Government shall not order an endorsement made by the Magistrate other than the District Magistrate to be expunged, unless the District Magistrate competent to pass such order has refused to do so.

 

ll.-Supply of Information to persons emigrating under Assistance

 

17. Statement of Information.-(1) The Emigration Commissioner shall be responsible for the preparation of a statement containing information relating to the country which he represents, and the Emigration Agent shall read and explain the contents of such statement or cause them to be read and explained and shall supply a copy thereof, to every person whom he causes or assists or attempts to cause or assist to emigrate to such country, and shall obtain a receipt emigrate to such country, and shall obtain a receipt for the copy so supplied from each such person.

(2) The statement shall not be brought into use until it has been approved by the Federal Government, to whom it shall be submitted by the Emigration Commissioner.

(3) The statement shall be in a form prescribed by the Emigration Commissioner and shall be printed in English and in the language or languages of the local area in which the Emigration Agent operates.

(4) Without prejudice to the generality of its contents the statement shall contain information relating to the following heads, namely :-

(a) The climate of the country ;

(b) the nature of the work open to emigrants;

(c) the hours of work per day generally prevalent in the country and the days of rest generally allowed ;

(d) the wages generally offered and the deductions, if any, made from them;

(e) the arrangements generally available for housing and treatment during sickness;

(f) the cost of living for labourers in the country in question. Whether rations are supplied to labourers, and if so, whether cooked, or uncooked, and whether free of cost or on payment;

(g) the duration of the journey from Pakistan to the country and the nature of the arrangements for the journey;

(h) the conditions of repatriation ;

(i) the facilities available in regard to education and the observance of religious rites ;

(j) the prospect of land being granted for cultivation ;

(k) the special punishments, if any, inflicted for labour offences. For the purposes of clause (d) and clause (f) of this sub-rule wages and cost of living shall be stated both in rupees and in the currency of the country.

 

lll – Places of accommodation in areas in which emigrants are obtained

 

18. Establishment of places of accommodation.-ln any district in which the Federal Government so directs, the Emigration Commissioner shall provide sufficient and proper accommodation in a suitable place for such intending emigrants as he may collect pending their production before a Magistrate and removal to the port of embarkation. The Emigration Commissioner shall inform the District Magistrate of the situation proposed by him for the place of accommodation and shall obtain his approval to such situation before the place is brought into use.

19. Requirements to be observed in connection with places of accommodation.-(1) In and in connection with every place of accommodation provided in accordance with rule 18, the following requirements shall be observed, namely:

(a) the premises shall be maintained in a cleanly condition, and facilities for the cleanliness of the inmates thereof shall be available;

(b) the premises shall be capable of accommodating the largest number of persons likely to require accommodation therein at any one time;

(c) the number of persons whom the premises can simultaneously accommodate, as determined by the District Magistrate or Protector, shall be inscribed on a board affixed in a conspicuous place for the information of persons hereinafter required or authorised to inspect the premises, and the persons simultaneously accommodated therein shall not exceed such number;

(d) a notice board shall be prominently exhibited immediately outside the premises whereon it shall be stated that the premises are a place of accommodation provided In accordance with these rules and are in charge of a person specified by name;

(e) the premises shall be within reasonable distance of a plentiful supply of wholesome drinking water, and suitable arrangements for bathing and for the purposes of nature shall be made;

(f) a woman, who is not an intending emigrant shall not be accommodated therein without the special permission of the Emigration Commissioner;

(g) the premises shall contain separate accommodation for the use of woman entitled to accommodation therein who desires or are required by tribal or local custom to be separately accommodated;

(h) the premises shall be such as to admit of suitable medical treatment of any inmate thereof who falls ill, and all sanitary requirements in connection therewith shall be duly observed;

(i) the person in charge of the premises shall, in the event of an f outbreak therein of any infectious or communicable disease, immediately report it to the Municipal Health Officer if the place of accommodation lies in a Municipality and to the nearest Medical Officer in other cases, and shall take such measures for the segregation of persons infected or suspected of being infected with such disease as shall be necessary to prevent the spread of such disease;(j) the person in charge of the premises shall keep an inspection book for the entry of remarks by person hereinafter required or authorised to inspect the same ;

(k) the person in charge of the premises shall keep a register in Form No. 2 and produce it for inspection whenever required by persons authorised to inspect the premises.

(2) Subject to the requirements specified in sub-rule (1) accommodation provided in accordance with rule 11 shall be deemed to be sufficient and proper within the meaning of that rule, if it is in accordance with the standards of comfort observed by persons residing in the same area and belonging to the same class of life as the intending emigrants.

(3) All Intending emigrants shall be entitled to free medical treatment in the event of their failing sick while in a place of accommodation provided under rule 18.

(4) The Federal Government may prohibit the use of any place of accommodation, which it considers unsuitable, either absolutely or until such improvements and alterations as they may specify have been carried out, and in urgent cases the District Magistrate may prohibit the use of any such place pending the order of the Federal Government.

20. Inspection of and visits to place of accommodation.– (1) The District Magistrate shall arrange for every place of accommodation provided under rule 18 to be visited and inspected by Magistrate not less than once a month.

(2) The District Magistrate shall appoint a visiting committee composed of non-officials for the purpose of inspecting any such place, and it shall be the duty of every member of such committee to inspect such place at such intervals of time as the District Magistrate may determine.

(3) In addition to the persons hereinbefore required to inspect such places of accommodation, the Protector and the following classes of persons shall be authorised to inspect any such place, namely :-

(a) gazetted revenue and police officers serving in the district in which the place is situate ;

(b) where the place is situate in a Municipal area, the members of Municipal Committee for that area and the members of any District, Taluka, or Local Board, whose jurisdiction adjoins that area;

(c) where the place is not situate in a Municipal area, the members of any District Taluka, or local Board within whose jurisdiction it is situate.

(4) Emigration Agent or other persons in charge of any such place shall afford every facility for its inspection by any person required or authorised to inspect it.

(5) Any person required or authorised to inspect any such place may record his remarks in the inspection book referred to in clause (j) of sub-rule(1) or rule 19. A copy of such remarks shall be forwarded forthwith to the Emigration Commissioner and to the District Magistrate by the Emigration Agent or other person in charge of such place.

(6) Friends and relatives of any intending emigrant accommodated in any such place shall be permitted to visit such place and to converse with such intending emigrants, and no such friend or relative shall be removed or excluded from such place on the ground that he trying to dissuade and inmate thereof from emigrating.

 

 

IV-Restriction and Recruiting by Emigration Agents

 

21. Operations not to be extended to pilgrim centres and places notified by Federal Government. Emigration Agents shall not operate in pilgrim centres during times of pilgrimage or at places where festivals are in progress or at any place notified by the Federal Government in this behalf.

22. Persons below the age of 18 years unaccompanied by a relative not to emigrate. No intending emigrant below the age of 18 years, who is unaccompanied by a parent, guardian or relative over 18 years of age shall be assisted to emigrate.

23. Restriction on emigration of single man. Men who are unmarried or unaccompanied by their wives shall not be assisted to emigrate to any one country in any one year to a number exceeding one in five of the total number of person so assisted ;

Provided that the Federal Government may exempt any specified country from the operation of this rule or may in the application of this rule to any specified country modify the ratio fixed thereby.

 

V.-Production before a Magistrate

 

24. Production of emigrants before Magistrate. (1) Prior to despatch to the port of embarkation, every intending emigrant shall be produced before the District Magistrate or such other Magistrate as may be deputed by the District Magistrate in this behalf, and such Magistrate may examine such emigrant regarding the reasons for desiring to emigrate and his knowledge of the conditions attaching to his emigration. Neither the Emigration Agent nor any person on his behalf shall be present at such examination. Emigrants recruited at the port of embarkation shall be produced before a Magistrate appointed in this behalf at such port.

(2) The Emigration Agent shall submit, in triplicate, to the Magistrate before whom intending emigrants are produced in accordance with sub-rule(1), nominal roll in Form No. 3 of the persons to whom he proposes to assist to emigrate.

25. Magistrate to check nominal roll. (1) On production of intending emigrants before a Magistrate under sub-rule (1) of rule 24, the Magistrate shall check the persons so produced with the nominal roll forwarded to him under sub-rule (2) of the said rule, arid shall examine them in order to satisfy himself that the Act and these rules have beers complied with-

(2) if, on examination of any intending emigrant, such Magistrate finds'

(a) that an Intending emigrant who is below the age of 18 years to one of the other intending emigrants not &o disqualified me relationship slated in the roll;

(b) that any other Intending emigrant

(i) has been recruited by a licensed Emigration Agent, and

(ii) Is willing to emigrate and understands the statement of information supplied to him under rule 17, and

(iii) has not been Inducted to emigrate, by any coercion, under influence, fraud, misrepresentation or mistake, he shall record in the three copies of the roll that such intending emigrant is permitted to emigrate.

(3) If the Magistrate is of opinion that any intending emigrant should not be permitted to emigrate, he shall record on the copies of the roll an order to this effect, stating the reasons for such order.

(4) If the Magistrate fee is any doubts as to the alleged relationship of any dependant to any other intending emigrant, he may make further enquiry and call for further evidence before recording his orders on the roll.

(5) After the nominal roll has been checked in accordance with sub-rule (1) and after such amendments as are necessary have been made therein, one copy thereof shall be filed in the office of the Magistrate and the remaining two copies shall be handed to the Emigration Agent for submission respectively to the Protector at the port of embarkation and to the Emigration Commissioner.

26. Rejected persons not to be permitted to emigrate. No person rejected under sub-rule (3) of the preceding rule shall be permitted to emigrate and every person so rejected shall with his dependents, if any, be returned to his home, at the expense of the Emigration Agent.

27. Confirmation of non-emigrants. (1) Any person desiring to emigrate and claiming that he is not subject to the provisions of the Act, and of these rules relating to emigrants may appear before a Magistrate with evidence, oral or documentary, that he is not an 'emigrant' within the meaning of clause (b) of sub-section (1) of Section 2 of the Act

(2) The Magistrate, after such enquiry as he thinks necessary, shall, if satisfied that the applicant is not an ''emigrant' to the country to which he proposes to emigrate within the meaning of clause (b) of sub-section (1) of Section 2 of the Act, grant him a certificate !o that effect and shall endorse the documentary evidence of identity (where such is produced).

(3) A certificate granted- by Magistrate and the documentary evidence of identity endorsed by the Magistrate under sub-rule (2) shall, if produced before any Magistrate, authority or officer acting under the Act not later than six months after the granting thereof, be conclusive proof that the person named therein is not an 'emigrant' within the meaning of the Act to the country specified therein.

 

VI.- Conveyance of emigrants to the port of embarkation

 

28. Dispatch of person permitted to emigrate. Every person permitted to emigrate under the Actor these rules shall be conveyed, with all convenient despatch, by or under the orders of the Emigration Agent to the place of accommodation established at the port of embarkation in accordance with the provisions hereinafter contained.

29. Competent person to accompany emigrants to port of embarkation. (1) When an emigrant has been examined under rule 24 at a place beyond the limits of the port of embarkation, he shall, while proceeding to such port, be accompanied, throughout the journey, either by the Emigration Agent himself of by a competent person appointed in that behalf by the Emigration Commissioner.

(2) The Emigration Agent or the person so appointed shall, throughout the journey, provide the emigrant with proper and sufficient food and lodging.

 

VII.-Non-recruited emigrants

 

30. Non-recruited emigrants. (1) Any person who desires to obtain assisted passages, but does not desire the assistance of Emigration Agents may apply direct to the Emigration Commissioner of the country to which he wishes to proceed or to any person empowered by the Emigration Commissioner in this behalf with the approval of the Federal Government. The application shall be accompanied by a certificate in Form No. 4 from the headmen of the village in which the intending emigrant resides :

Provided that If the members of the intending emigrant's family object to his emigration such emigrant shall not be permitted to emigrate unless he obtains an endorsement on the certificate from a Magistrate having jurisdiction in the area in which he resides :

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