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EMIGRATION ORDINANCE, 1979

 

Section

Contents

 

 

Preamble

 

 

CHAPTER I–PRELIMINARY

 

1

Short title, application and commencement

 

2

Definitions

 

 

CHAPTER 11– DIRECTOR-GENERAL AND PROTECTOR OF EMIGRANTS

 

3

Director-General, Burden of Emigration and Overseas Employment

 

4

Function of Director-General

 

4-A

Functions of corporation

 

5

 

 

6

General duties of Protector of Emigrants

 

7

Appointment of Labour Attaches

 

 

CHAPTER III-EMIGRATION

 

8

Regulation of emigration

 

 

CHAPTER IV–GENERAL

 

9

Prohibition of advertisement, etc

 

10

Advisory Committee

 

11

Power to search and detain vessels, etc

 

 

CHAPTER V-APPOINTMENT OF OVERSEAS EMPLOYMENT PROMOTERS

 

12

Grant of Overseas Employment Promoter's Licence

 

13

Powers to withdraw licences

 

14

Delegation of Power to Director-General to receive and dispose of application.

 

15

Appearance of engaged persons before and registration of name of Protector of Emigrants

 

 

CHAPTER VI–RULES

 

16

Power to make rules

 

 

CHAPTER VII–OFFENCES, PENALTIES AND PROCEDURE

 

17

Unlawful emigration, etc

 

18

Fraudulently inducing to emigrate etc

 

19

False representation of Government authority

 

20

Violation of terms of agreement with foreign employer by emigrant

 

21

Certain amount recoverable as arrears of land revenue

 

22

Receiving, money etc

 

23

Penalty for other offence

 

24

Special Court

 

25

Indemnity

 

 

CHAPTER VIII– VALIDATION SAVINGS, ETC

 

26

Validation

 

27

Saving

 

28

Repeal

 

 

EMIGRATION ORDINANCE, 1979

(XVI I of 1979) 

23rd March, 1979

 

An Ordinance to repeal and with certain modifications, re-enact the Emigration Act, 1922

 

CHAPTER I

PRELIMINARY

 

1. Short title, application and commencement. (1) This Ordinance may be called the Emigration Ordinance, 1979.

(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan, wherever they may be.

(3) It shall come into force at once.

2. Definitions. (1) In this Ordinance unless there is anything repugnant in the subject or context :-

(a) 'Bureau' means the Bureau of Emigration and Overseas Employment;

(b) 'Conveyance' means any vehicle, aircraft or ship used for the transportation of emigrants ;

(c) 'Corporation' means the Overseas Employment Corporation Limited ;

(d) 'depart' and 'departure' means the departure out of Pakistan of any person for employment or self-employment by any means;

(e) 'dependent', in relation to an emigrant, means the spouse, sons not above the age of twenty-one years, and unmarried sisters and daughters of the emigrant, and includes aged or incapacitated parents, incapacitated sons above the age of twenty-one years and widowed and divorced sisters and daughters of the emigrant wholly dependent upon and residing with the emigrant and the sons not above the age of twenty-one years, and dependent unmarried daughters, of such widowed or divorced sisters or daughters ;

(f) 'Director-General' means the Director-General, Bureau of Emigration and Overseas Employment, appointed under section 3, and includes any person for the time being discharging the functions of Director-General;

(g) 'emigrant' means any person who emigrates or has emigrated or who has been registered as an emigrant under this Ordinance and includes any dependent of an emigrant;

(h) 'emigrant' and 'emigration' means the departure by sea, air or land ;

(i) 'foreign service agreement' means an agreement between an emigrant and his prospective employer abroad or his authorised Overseas Employment Promoter in Pakistan containing terms and conditions of his employment and duly registered with the prescribed authority ;

(j) 'Overseas Employment Promoter' means a person licensed as such under section 12 ;

(k) 'prescribed' means prescribed by rules ;

(l) 'Protector of Emigrants' means a Protector of Emigrant appointed under section 5;

(m) 'rules' means rules made under this Ordinance.

(2) In case of any doubt or dispute arising otherwise than in the course of any legal proceedings as to whether any person is an emigrant within the meaning of this Ordinance, the question shall be determined by the Federal Government, and Such determination shall be final.

CHAPTER 11

DIRECTOR-GENERAL AND PROTECTOR OF EMIGRANTS

 

3. Director-General, Burden of Emigration and Overseas Employment. (1) The Federal Government may appoint a person to be the Director-General, Bureau of Emigration and Overseas Employment, for the whole of Pakistan and such other officers as may be necessary or expedient to assist the Director-General.

(2) The Director-General and every officer appointed under sub-section (1) shall be a public servant within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).

4. Function of Director-General. Subject to the provisions of this Ordinance and the overall supervision and control of the Federal Government, the Director-General shall take such measures as may be necessary'

(a) to promote emigration of citizens of Pakistan :

(b) to control and regulate such emigration;

(c) to look after the interest and welfare of emigrants ; and to discharge and perform such other duties and functions as may be assigned to him by the Federal Government.

4-A. Functions of corporation. Subject to the provisions of this Ordinance and the overall supervision and control of the Federal Government the corporation shall take such measures as may be necessary to promote emigration of citizens of Pakistan.]

(2) Every Protector of Emigrants shall be a public servant within the meaning of the Pakistan Penal Code (Act XLV of 1860).

5.         Omitted

6. General duties of Protector of Emigrants. Every Protector of Emigrants shall discharge such duties as may be assigned to him by the Federal Government.

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