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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 :
Provided further that the Protector of Emigrants may, in his discretion, dispense with the certificate in the case of an emigrant who claims to have worked in the country to which he desires to emigrate or who claims to, emigrate for the purpose of rejoining relatives on whom he is dependent, and produces documentary evidence in support of this claim.

(2) Subject to the provisions of rules 22 and 23, the Emigration Commissioner or any person empowered as aforesaid may grant assisted passages to,-.any person applying under sub-rule (1), and any persons to whom such passages are granted may be assisted to proceed to the place of accommodation established under rule 18 or rule 31 and shall be dealt with thereafter in the same manner as persons assisted to emigrate by Emigration Agents or, if applying at the port of embarkation, shall be received into the place of accommodation established under rule 31.
(3) The Emigration Commissioner or any person empowered as aforesaid shall read and explain the contents of the statement referred to in rule 17 and supply a copy thereof to every person emigrating under this rule and shall obtain from each such person a receipt for the copy so supplied.

 


VIII. Places of accommodation at the port of embarkation

 

31. Place of accommodation at port of embarkation. For every port from which emigrants embark to the country represented by an Emigration Commissioner, such Emigration Commissioner shall establish, on a convenient site approved by the Federal Government, a suitable place of accommodation for the reception and lodging of emigrants about to embark from such port, and shall provide all necessary food and clothing for all emigrants accommodated in such place.

32. Place to be licensed. A place of accommodation established under rule 31 shall not be used for the reception and lodging of emigrants until it has been Inspected and approved by the Protector, and on sanitary grounds by the Medical Inspector, and until a licence for its use has been granted by the Protector in Form No. 5.

33. Cancellation of licence. The Protector may at any time cancel a licence granted under the preceding rule-

(a) if he considers that the place in respect of which the licence was granted has become unhealthy, or unsuitable in any other respect for the accommodation of emigrants, or

(b) If the Emigration Commissioner has failed, after reasonable notice to comply with any of the requirements of these rules in respect of such place.

34. Report of arrival and departure of emigrants. The Emigration Commissioner shall send or cause to be sent to the Protector daily a return shown the number of arrivals at and departures from the place established under rule 31 during the previous day.

35. inspection by Protector and Medical Inspector. (1) The Protector and the Medical inspector shall, at least once in every week during which any emigrants may be kept in any such place, inspect the emigrants and examine the state of such place, and the manner in which the emigrants therein are lodged, fed, clothed and otherwise provided for and attended 10

(2) The .Protector and the Medical Inspector shall, in their inspection and supervision of such place, comply with directions to be framed for their guidance by the Federal Government.

36. Appointment of resident medical officer. A resident medical officer approved by the Medical Inspector shall, unless the Federal Government otherwise directs, be appointed by the Emigration Commissioner for every place of accommodation established under rule 31, and his name shall be registered in the Protector's office. He shall keep a hospital register in Form No. 6 and shall produce it for inspection when the place is visited by the Protector or Medical Inspector. The Emigration Commissioner may appoint additional medical officers approved by the Medical Inspector.

37. Inspection and visits to place of accommodation. (1) Every place of accommodation established under rule 31 shall be opened to inspection by any non-official persons whom the Federal Government may appoint in this behalf.

(2) A visitor's book shall be kept in every such place in which the Protector and Medical Inspector and any of the non-official persons referred to in sub-rule (1) shall enter the dates of their visits and may make any such suggestions or remarks as they think fit.

(3) Friends and relations of any emigrant accommodated in any such place shall be permitted to visit such place and to converse with such emigrant and no such friend or relation shall be removed or excluded from such place on the ground that he is trying to persuade an inmate thereof to return to his home.

38. Residence of Emigration Commissioner in or near place of accommodation. The Emigration Commissioner shall reside or shall depute a responsible representative to reside within, or in some place immediately adjoining every place of accommodation, established under rule 31, with a view to the exercise of immediate and efficient control over subordinate, and to the prevention of irregularities.

39. Registers to be maintained and returns to be submitted. The Emigration Commissioner shall cause register for every place of accommodation established under rule 31 to be kept in Form Nos. 7 and 8 and the entries therein to be punctually, legibly and accurately made An annual return of accommodation and a monthly return of sickness in such place shall likewise be prepared in Form Nos. 9 and 10, respectively, and shall be forwarded by the Emigration Commissioner to the office of the Protector. A weekly hospital report in Form No. 11 shall also be furnished by the Emigration Commissioner to the Medical Inspector.

40. Disposal of persons refused assistance to emigrate. Any person who has appeared to a place of accommodation established under rule 31 before the Emigration Commissioner or any person empowered under sub-rule (1) of rule 30, and who is prevented from emigration by reason of the refusal of assistance by the Emigration Commissioner or by any person empowered as aforesaid shall, if he-

(a) has been recruited by an Emigration Agent, or

(b) has been assisted to such piece of accommodation by the Emigration Commissioner or by any person empowered as aforesaid, or

(c) has applied direct under sub-rule (1) of rule 30 to the Emigration Commissioner or to any person empowered as aforesaid claiming that an employer in the country represented by the Emigration Commissioner is willing to employ him, and has produced documentary evidence which corroborates that claim to the satisfaction of the Emigration Commissioner or, as the case may be, of the person empowered as aforesaid, be returned to his home with his dependents, if any, at the expense of the Emigration Commissioner.

41. Procedure on occurrence of Infections or contagious diseases. (1) In the event of cholera, small-pox or other communicable diseases appearing in a place of accommodation established under rule 31 every emigrant attacked by the disease shall be sent for treatment to an outside hospital, or if there is no outside hospital available for the treatment of infections diseases within a convenient distance, to an isolation ward which shall be provided in the vicinity of every place of accommodation for which no outside hospital is available as aforesaid.

(2) The relatives, if any. of the person attacked by the disease who do not accompany him to such outside hospital or isolation ward and all contacts shall, at the same time, be placed in a segregation shed situated in an isolated part, of the premises and shall not be permitted to move or be removed thence without the written permission of the resident medical officer appointed under rule 36.

(3) Any relatives accompanying the person affected by the disease to such outside hospital or isolation ward shall be provided either with food or with a subsistence allowance.

42. Report of casualties. The removal of the name of any emigrant from the register kept in Form No. 7 for any cause other than embarkation, and any death or other casualty occurring among the emigrants call be reported in Form No. 12 to the Protector not later than the day following the occurrence, and any death from whatsoever cause, shall also be reported to the Medical inspector before noon on the following day.

43. Deaths. (1) In the case of the death of an emigrant before embarkation, the Emigration Commissioner shall make a correct inventory in a register to be kept in Form No. 8 of the personal property which such emigrant had with him at the time of his death and shall forward such property, together with a descriptive list thereof, to the office of the Protector for disposal:

Provided that any foul clothing in the possession of such emigrant shall be burned.

(2) The Emigration Commissioner shall also notify the death to each of the succession entered in column 14 of Form No. 2.

(3) Claims made by relatives shall be communicated to the Protector who shall, after such enquiries as may be necessary dispose of the property referred to in sub-rule (1) in such manner as he may think fit.

 


IX.-Examination before embarkation

 

44. Nominal roll of emigrants about to embark. A nominal roll in duplicate of all emigrants who are about to embark shall be prepared in Form No. 13 and the Emigration Commissioner shall be responsible for the correctness and liability of the entries made therein.

45. Examination before embarkation. (1) Before any emigrants leave the place of accommodation established under rule 31, the existence in the nominal roll prescribed by rule 44 of an entry relating to each such emigrant and the correctness thereof shall be verified, and they shall be examined as to their fitness to undertake the voyage by the Medical Inspector who shall make over the nominal roll with the report of the Protector.

(2) The Protector shall examine the emigrants and may refuse permission to an emigrant to embark on any of the following grounds :-

(i) that the Medical Inspector reports that such emigrant is unfit to undertake the journey to the country to which he or the person on whom he is dependent, as the case may be, has agreed to emigrate;

(ii) that the provisions of the Act, of these rules have been in any way contravened in relation to such emigrant, or

(iii) that such emigrant appears not to have understood the conditions on which he is proceeding and on such conditions being adequately explain to him is unwilling to embark.

46. Recording of Protector's order. (1) The Protector shall state on each copy of the nominal roll prescribed by rule 44 whether each emigrant is permitted to embark or is refused permission recording his reasons briefly in the case of refusal.

(2) One copy of the nominal roil shall be recorded in the office of the Protector and the other copy made over to the Emigration Commissioner for record in his office.

47. Emigrant not to embark for seven days. No emigrant shall be allowed to embark until seven days have elapsed from the date of his arrival at the place of accommodation established under rule 31.

48. Detention of emigrant temporarily unfit to undertake voyage. An emigrant to whom permission to embark is refused on the ground specified in clause (i) of sub-rule (2) of rule 45 shall, if his unfitness to undertake the journey is of a temporary nature and it the Medical Inspector so recommends, be detained in the place of accommodation until he is reported by the Medical Inspector to be fit to undertake the journey and shall then be permitted by the Protector to embark. Any intending emigrant who is related to an intending emigrant so detained shall be entitled, if he so desires, to remain with such emigrant in the place of accommodation and to receive maintenance therein.

49. Disposal of rejected emigrants. An emigrant to whom permission to embark is refused by reason of his permitted unfitness to undertake She journey or on the ground specified in clause (ii) or clause (iii) or sub-rule (2) of rule 45 shall, with his dependents, if any, be returned to his home at the expense of the Emigration Commissioner,

50. Examination of rejected emigrants. (1) An emigrant, who is to be returned to his home in accordance with rule 49, shall be examined by the Medical inspector on the day fixed for his, departure, and unless certified by him to be fit to hew the journey shall not be permitted to depart.

(2) An emigrant to whom permission to depart has been refused in accordance with sub-rule (1) shall be detained under treatment in the place of accommodation until such time as the Medical Inspector certifies that he is fit to bear the journey to his home,

51. Fee to be charged for emigrants permitted to embark. For emigrant permitted by the Protector lo embark, a fee snail be levied from the Emigration Agent or the Emigration Commissioner at such rate as may be prescribed by the Federal Government in this behalf, and no part of such fee shall be recovered from such emigrant.

 


X.- Return Emigrants

 

52. Lodging of return emigrants. (1) Assisted return emigrants shall be disembarked only at ports from which emigration has been declared lawful and shall, on arrival be accommodated in a place of accommodation appointed by the Emigration Commissioner in that behalf, where they shall be properly lodged and provided for until the Emigration Commissioner is in a position to arrange for their departure to their homes.

(2) The Emigration Commissioner snail prepare in Form No. 14 a list of assisted return emigrants who have returned in a sick or helpless condition and, after the Medical inspector has endorsed his remarks thereon, shall forward it to the Protector.

53. Treatment of sick return emigrant. (1) Return emigrants who have returned in a sick or helpless condition shall be entitled, if they so desire, to be treated in hospital at the place of accommodation appointed under rule 52 or elsewhere.

(2) A return emigrant who is admitted Into hospital in accordance with sub-rule (1) shall not be discharged from hospital until such time as the Medical Inspector certifies that he is fit to undertake the journey to his home, and, on discharge from hospital, shall be dealt with in accordance with the provisions hereinafter contained.

54. Despatch of assisted return emigrants to their homes. Assisted return emigrants shall, If they so desire, and if the terms on which they emigrated so entitle them, be returned to their homes at the expense of the country to which they emigrated. Such assisted return emigrants as are considered by the Medical Inspector to be physically or mentally helpless, shall be so returned by the Emigration Commissioner under proper escort.

55. Payment of deposits made in the Colonies by return emigrants. (1) If the Emigration Commissioner Is satisfied that a return emigrant has deposited money for transmission to Pakistan through the Government of the country from which he has returned the Emigration Commissioner shall forthwith make payment to him of the equivalent in Pakistani money at the rate of exchange-current at the port of disembarkation of the money so deposited. The Emigration Commissioner shall draw the attention of such emigrant to the disadvantages attaching to the carrying on the person of considerable sums of money in notes or silver and shall, if such emigrant so desires, assists him to obtain postal money orders payable to himself at such post office as he may come.

(2) Amounts so payable to an emigrant who has died on the voyage together with any unclaimed property which such emigrant had with him at the time of his death, shall be forwarded by the Emigration Commissioner to the Protector for disposal in such manner as may be prescribed by the Federal Government.

56. Report to Protector of deaths during the voyage. On the disembarkation, of any batch of assisted return emigrants, the Emigration Commissioner shall report to, the 'Protector the number of assisted return emigrants in such batch who embark for the country to which they emigrants with the number, if any, who died during the voyage to the port of disembarkation and the cause of death in each case.

 


XI.-Agents appointed under Section 7 of the Act

 

57. Agents appointed under Section 7.-(1) The Agents appointed in any place under Section 7 of that Act shall be generally responsible for the welfare of emigrants in the place and for carrying out the purposes of the Act in relation to such emigrants.

(2) Such Agents shall obtain information on any matters affecting the welfare and status of Pakistanis in the countries in which they are employed and shall communicate such information to the Federal Government.

(3) They shall prepare and submit annual reports, in such form as may be prescribed by the Federal Government in this behalf, regarding the condition of Pakistanis in the country in which they are appointed.

(4) They shall, so far as may be possible, protect and advise all classes of Pakistani emigrants within their charge and bring any requirements of such emigrants to the notice of the proper authorities in Pakistan or in the country in which they are appointed.

(5) They shall, in the case of countries to which emigration for the purposes of unskilled work is permitted under section 10 of the Act, inspect, on arrival, every ship specially chartered for conveying emigrants, shall maintain registers of the emigrants arriving in and departing from the country, shall visits places where emigrants work and reside, and shall satisfy themselves that the conditions on which emigration is permitted are being strictly observed.

(6) They shall be directly subordinate to the Federal Government.

(7) In carrying out the above duties they shall act in co-operation with the Immigration Department of the Government of the country in which they are appointed.

 

 


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. Every application under Section 16 of the Act for permission to engage or to assist any person or persons to emigrate for the purpose of skilled work, shall, besides, furnishing the information required by the said section, contains a full statement of the name of the applicant, his father's name, his place of residence and his occupation or profession.

59. Copy of application and the order thereon to be forwarded to Protector.-Where the permission applied for is granted by the Federal Government, such Federal Government shall forward to the Protector at the port at which the persons intending to emigrate are to embark a copy of the application and of the order of permission passed thereon under section 17 of the Act.

60. Certificate to be granted by Protector to the applicant. (1) The Protector shall, if the Federal Government so directs, give to every person permitted to engage, or to assist any person to emigrate under the provisions of Chapter IV of the Act, a certificate in Form No. 15.
(5) Before giving such certificate the Protector shall satisfy himself that every person who proposes to emigrate has been supplied with a written statement correctly explaining the terms of his employment and the general conditions or life obtaining in the country to which he intends to proceed.

61. Register of complaints to be maintained by Protector. The Protector shall maintain a register of complaints received by him from persons emigranting registered by him under section 18 of the Act, whether made, during their absence from Pakistan or after their return, and shall record briefly the results of any investigation made by him and the action taken thereon. The register shall be maintained in Form No. 16.

62. Period of limitation for appeals. No appeal to the Federal Government under the provision to Section 20 of the Act shall be entertained unless it is preferred within three months of the passing by the Protector of Emigrants of the order against which the appeal is brought.

 


II. Licensing of Passage Brokers

 

63. Unauthorized person not to assist in emigration. No person shall be engaged in assisting persons to emigrate for the purposes of skilled work by obtaining, or helping to obtain, for them the necessary passages from Pakistan, unless [or if an agent of a person holding a such licence, is in he is in possession of a valid licence in Form No. 18], issued by the Protector:

Provided that the Federal Government may by order in writing exempt any shipping company or accredited agent of a shipping company from the provisions of this rule.

64. Application for licence in Form No 17. (1) Any person who desires to obtain a licence in Form No. 17 shall apply in writing to the Protector and forward the application with a certificate of character given by the District Magistrate or other officer authorised by the Federal Government in this behalf, and the licence fee of rupees [five hundred].

(2) The Protector, on being satisfied with the certificate of character attached to the application, shall issue to the applicant a licence in Form No. 17.

(2-A) In case there is already an agency licensed under these rules bearing the same or similar name as that of the applicant, the Federal bearing the same or similar name as that of the applicant, the Federal Government may require the applicant to change its name suitably,' and ]

(3) A licence issued under sub-rule (2) shall be valid for one year but may be renewed annually on application made in that behalf to the Protector at least [one month] before its expiry and on payment of a renewal fee of rupees [five hundred]:
Provided that for good and sufficient reasons a licence in Form No. 17 may be issued for a shorter period and, after enquiry, it may either be extended for the full term of one year of may be cancelled :

Provided further that if no application for renewal Is made before the expiry of the licence, the licence shall stand cancelled'.]
[Provided that if an application for renewal is made after the expiry of the said period an additional fee of two hundred and fifty rupees shall be charged].

65. Application for licence in Form No. 18. (1) Where a person desires to work as an agent for a person holding a licence in Form No. 17, he shall apply in writing to the Protector for a licence in Form No. 18 stating the name and other particulars of the person for whom he desires to work as agent and forward with his application, a certificate of character from a Justice of the Peace, Magistrate or a police officer or rank not below than that of an inspector, and the licence fee of rupees five.

(2) The Protector, on being satisfied with the certificate of character attached to the application, shall issue to the application a licence in Form No. 18.

(3) A person holding a licence in Form No. 18 shall carry the said licence on his person whenever he is engaged in any work under the Act, and shall produce it to the Protector on demand.

(4) A licence issued under sub-rule (2) shall be valid for one year but may be renewed annually on payment of renewal fee of rupee one :
Provided that the licence shall be deemed to be determined when the licence is no longer employed as agent of the person mentioned in the licence or when that person ceases to hold valid licence in Form No. 17 (omitted).

66. Power to cancel licence and refuse renewals. (1) If at any time during the pendency of a licence or at the time of the renewal of a licence under sub-rule (3) of rule 64 the Protector is satisfied that the licensee has been guilty of misconduct, he may be written order recording his reasons, cancel or refuse to renew the licence, as the case may be.

[(2) If a licence is cancelled under sub-rule (1) the Federal Government may order forfeiture or the security money deposited under rule 64-A'; and ]

66-A. Appeal. Any person aggrieved by an order passed' under rule 66 may, within ninety days of the date of the order, prefer an appeal to the Federal Government.

67. Register of licences. The Protector shall maintain a register of licences in Form No. 19.

68. Licensee not to recover cost of recruitment. (1) No licensee shall recover the cost of recruitment or any part thereof from a person who emigrates nor shall, be a party to any arrangement by which the cost of recruitment or any part thereof is liable to be recovered from the person emigrating either in Pakistan or in the country to which he emigrates.

(2) In this rule, 'cost of recruitment' includes any commission paid to a licensee, passport fee, doctor's fee, fee for stamping agreements, trade-test examination fee and other charges for transport from the place of recruitment to the final destination, and for subsistence during transport and at places of accommodation.

[(3) A fee of twenty-five rupees for stamping agreements shall be levied in respect of;

(i) every person permitted by the Protector to emigrate for the purpose of work to any country to which emigration is lawful;

(ii) every male dependent who is of sixteen years of age or above of the person so permitted to emigrate].

 

Emigration Rules, 1959 (Amendments)

The Federal Government has notified certain proposed amendments In the Emigration Rules 1959.

The text of the notification is as follows :-

'The following draft of certain further amendments in the Emigration Rules. 1959, which it is proposed to make in exercise of the power conferred by Sec. 24 of the Emigration Act, 1922 (VII of 1922) is hereby published, as required by sub-section (1) of the said section, for the information of all persons likely to be affected thereby, and notice is hereby given that the draft will be taken into consideration on or after 15 days of its publication in the official Gazette. Any objection or suggestion which may be received from any person in respect of the said draft before the expiry of the period specified will be considered by the Federal Government. .

 

Draft Amendments.

In the aforesaid rules :-

(1) In Rule 66, in Sub-rule (1), the words, figures and brackets sub-rule (4) of Rule 65 shall be omitted ;

(2) In Rule 68, after sub-rule (2) the following new sub-rule shall be added namely ; and

(3) A fee of 25 rupees for stamping agreements shall be levied in respect of:

(i) Every person permitted by the Protector to emigrate for the purpose of work to any country to which Emigration lawful.

(ii) Every male dependent, who is of 16 years of age or above, or the person so permitted to emigrate'.

69. Conditions for obtaining passage. No licensee shall obtain or help to obtain a passage for a person intending to emigrate, without satisfying himself either :-

(i) that the departure by sea of such person is not emigration as defined in the Act, or

(ii) if the departure by sea of such person is emigration as defined in the Act, that the provisions of the Act and the rules made thereunder have been complied with.

70. Power of Protector to cancel or suspend licence. (1) The Protector may cancel or suspend the licence of any person who is found to have committed a breach of the provisions of the Act, or of these rules, unless in the case of a contravention of the provisions of clause (ii) of rule 69, the licensee shows that he was not responsible for, and could not have prevented the non-compliance of, the provisions of the Act, or the rules made thereunder.

(2) An appeal shall lie to the Federal Government from an order of the date of the order.

71.       Omitted

 

PART III

 

SUPPLEMENTARY

 

72. Power to exclude or modify application of rules. The Federal Government may by notification in the official Gazette direct that, for the purposes of emigration to any specified country, these rules shall apply with such exception or modifications as may be specified in such notification.

73. Repeal. (1) The Indian Emigration Rules, 1923 are hereby repeated.

(2) Unless it is otherwise expressly provided, any appointment, notification, order, scheme or form made or issued in pursuance of any provision of the aforesaid rules shall, so far as it is not inconsisted with the provisions of these rules, continue in force and be deemed to have been made or issued in pursuance of the corresponding provision of these rules.

 

 

 

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