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EMIGRATION RULES, 1979

 

Rules

Contents

 

 

Preamble

 

1

Short title and commencement

 

2

Definitions

 

3

 

 

4

Powers and duties of Protector of Emigrants.

 

5

Powers and duties of Labour Attache

 

6

Functions of the Advisory Committee

 

7

Unauthorized persons not to assist in emigration

 

8

Application for grant of licence.

 

9

Renewal Licence

 

10

Supply of copies of order, etc

 

11

Overseas Employment Promoters not to appoint sub-promoters, etc

 

12

Appeals

 

13

Review

 

14

Register of Licence

 

15

Service, charges, their distribution, etc

 

16

Passage from Pakistan to the place of Employment

 

17

Demand of manpower from a foreign Government

 

18

Overseas Employment Promoter to process foreign Government's demands

 

19

Scrutiny of private sector demands by the Protector of Emigrants

 

20

Processing of demands by Overseas Employment Promoters

 

21

Registration of the agreement

 

22

Direct Employment

 

23

Government fees dues, etc

 

24

Overseas Employment Protector Association

 

25

Code of Conduct for Overseas Employment Promoters

 

26

Establishment of Welfare Fund

 

27

Violation of foreign service agreements

 

28

Disposal of complaint by the Protector of Emigrants

 

29

Disposal of complaints by the Director-General.

 

30

Disposal of complaint by Labour Attaches

 

31

Time-limit of complaint against Overseas Employment Promoter

 

31-A

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

 

31-B

Time limit of complaint against Overseas Employment Promoter

 

32

Repeal.

 

 

 

EMIGRATION RULES, 1979 

26th May, 1979

 

In exercise of the powers conferred by section 16 of the Emigration Ordinance, 1979 (XVIII of 1979), the Federal Government is pleased to make the following rules, namely :-

1. Short title and commencement. (1) These rules may be called the Emigration Rules, 1979.

(2) They shall come into force at once.

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

(a) 'Association' means Association of the Overseas Employment Promoters;

(b) 'bank' means any Schedule bank ;

(c) 'direct employment' means employment in a foreign country secured by an individual or a group of not more than five individuals through their own efforts or the efforts of relatives or friends employed abroad;

(d) 'employer' means any person foreign employer who engages or is desirous of providing employment abroad to a citizen of Pakistan ;

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

(f) 'licence' means a licence granted under sub-rule (4) of rule 8;

(g) 'Ordinance' means the Emigration Ordinance, 1979 (XVIII of 1979);

[(gg) 'Overseas Workers Foundation' means the Foundation set up by the Federal Government to be managed by a Board of Governors with the Minister in charge of the affairs of the emigrants and such other members as that Government may from time to time nominate': and members as the Government may from time to time nominate'; and

(h) 'section' means section of the Ordinance ; and

(i) 'Welfare Fund' means the fund established under rule 26.

 3. The holder of direct employment visa shall receive foreign service agreement, contract or letter of appointment, duly signed by the employer and attested by the Embassy of Pakistan abroad of the Foreign Ministry of the country of the employer or the Embassy or Consulate of that country in Pakistan, which shall be registered with the Protector of Emigrants:

Provided that the Director-General may in special cases, for reasons to be recorded, waive the provision of this rule.

4. Powers and duties of Protector of Emigrants. In addition to the duties as may be assigned to him, under section 6, a Protector of Emigrants shall :-

(a) process all demands in private sector of Overseas Employment Promoters according to the procedure laid down by Director-General;

(b) ensure that emigrants fully understand the terms and conditions of employment abroad as given in the foreign service agreement;

(c) inspect the conveyances carrying the departing and returning emigrants;

(d) inquire into the treatment received by returning emigrants during the period of their residence abroad, and return journey, and report findings of such inquiry to the Director-General;

(e) aid and advise emigrants, when departing from, or returning to Pakistan ;

(f) submit reports to the Director-General on the performance of the Overseas Employment Promoters;

(g) inspect the offices of the Overseas Employment Promoters and the place at which they select persons for emigration;

(h) supervise the work and behaviours of the. Overseas Employment Promoters in relation to general public and render them such advice as the circumstances may require ; and

(i) obtain reports from the Overseas Employment Promoters on such forms as may be specified by the Director-General.

5. Powers and duties of Labour Attache. in addition to such other duties as may be defined, under section 7, a Labour Attache shall;

(a) be responsible for the promotion of overseas employment;

(b) be responsible for the welfare of the emigrants ;

(c) be responsible for safeguarding the interest of emigrants in the host country including setting of the disputes and negotiations with their employers ;

(d) attend to all complaints of the emigrants and find adequate remedy therefore or report to the Director-General ; and

(e) send periodical reports as may be required by the Director-General on all aspects of his activities, including labour market trends, inflation and cost of living.

6. Functions of the Advisory Committee. (1) The Advisory Committee shall advise the Federal Government in formulation of policies on all or any aspect of overseas employment, promotion eradication of malpractices and other related matters.

(2) The Advisory Committee may submit its recommendation to the Federal Government for improvement in the system of overseas employment and the welfare of the emigrants.

7. Unauthorized persons not to assist in emigration. No person shall assist or attempt to assist a person to emigrate for the purpose of employment abroad by obtaining or helping to obtain for him necessary passage from Pakistan to a foreign country, unless he is in possession of a valid licence in Form 1 :

Provided that the Federal Government may by order in writing, exempt any person, public limited company, a statutory body or accredited foreign employer from the provisions of this rule subject to such conditions as may be specified in the orders.

8. Application for grant of licence. (1) An application for the grant of a licence shall be made to [the Federal Government through] the Director-General, in [triplicate] in Form 2, together with a certificate of character from the District Magistrate or any other person authorised by the Federal Government in this behalf, and non-refundable application fee of five hundred rupees.

(2) In case there is already an Overseas Employment Promoter licensed under these rules bearing the same or similar name as that of the applicant, the Director-General may require the applicant to change its name suitably.

(3) The Director-General, on being satisfied that the applicant has complied with the provisions of sub-rules (1) and (2) shall forward the application alongwith the relevant documents and his recommendation to the Federal Government for consideration.

[(3-A)The Director General, on being satisfied that the applicant has complied within the previsions of sub-rules (1) and (2) shall forward the application alongwith the relevant documents to the Federal Government for consideration.]

(4) The [Federal Government] may, after such inquiry as [it] may deem fit, approve the grant of licence and direct the applicant to deposit licence fee of five thousand rupees and a security of one lac rupees for good conduct in any branch of the bank.

(5) On furnishing evidence of deposit of fee and security referred to in sub-rule (4), the [Federal Government] may grant the licence in Form 1, which shall be non-transferable.

[(5-A licence granted under subsection (5) shall lapse if the licensee fails to send less than one hundred persons for employment abroad within the two-year period of validity of the licence.]

(6) The Federal Government may, at any time, change the amount of security money.

9. Renewal Licence. (1) A licence granted under rule 8 shall be valid for a calendar year or part thereof and may be renewed by the Federal Government for another calendar year [on] an application made in that behalf to [him] in Form 3 through the Protector of Emigrants at least one month before its expiry and on payment of renewal fee of five thousand rupees, [after a demand notice has been issued by the Director-General :]

Provided further that if the application for renewal is made after the expiry of the said period, an additional fee of five hundred rupees shall be charged from the overseas Employment Promoter:

[Provided further that if a licensee does not send at least one hundred of persons for employment abroad within the two years initial period of licence his licence shall not be renewed except with the approval in writing of the Federal Government.]

(2) If at the time of renewal' of licence the Federal Government is satisfied that the Overseas Employment Promoter has been guilty of misconduct, or his performance has been unsatisfactory or he has committed breach of the provisions of the Ordinance or these rules, it may, by written order, refuse to renew the licence :

Provided that before making an order for refusal to renew the licence Overseas Employment Promoter shall be given an opportunity of being heard.

10. Supply of copies of order, etc. The Director General may, in an application made by an Overseas Employment Promoter, issue; copies of the orders for suspension of cancellation of, or refusal to grant or renew a licence and of such other documents as it may deem fit on payment of five rupees per page.

11. Overseas Employment Promoters not to appoint sub-promoters, etc. No Overseas Employment Promoter shall appoint any sub-promoter or, open any sub-office, or branch office [except one branch office at any of the Provincial Capitals] [or the Federal Capital].

12. Appeals. (1) Where the Federal Government has delegated its powers under section 12 to the Director-General or any other officer, any person aggrieved by the order of the Director-General or such officer passed under the, said section may, within thirty days from the date of the order, prefer an appeal to the Federal Government.

(2) Every appeal shall be filed in duplicate, in Form 4, accompanied by a fee of five hundred rupees.

(3) Before an order is passed in appeal, the appellant shall be afforded an opportunity of being heard.

13. Review. (1) A petition under sub-section (2) of section 14 shall be made in duplicate, in Form 5, accompanied by a fee of five hundred rupees within thirty days of the decision of the Federal Government.

(2) Before an order is passed in review the petitioner shall be afforded an opportunity of being heard.

14. Register of Licence. The register under subsection (3) of section 14 shall be kept in Form 6.

15. Service, charges, their distribution, etc. (1) A person selected for employment abroad by an Overseas Employment Promoter shall deposit a sum of two thousand rupees with a branch of the Scheduled banks which shall issue a certificate in Form 7 :

[Provided that a person who was .employed in Kuwait and has returned to Pakistan during the period commencing from the 2nd August, 1990, and ending the 31st March, 1991, on his selection for employment in Kuwait shall-

(a) in case his work visa had already been protected by Protector of Emigrants be exempt from depositing the aforesaid sum ; and

(b) in case he had emigrated to Kuwait before the commencement of the Ordinance and his work visa had not been previously protected as aforesaid, deposit a sum of two thousands rupees with a branch of any Schedule bank which shall issue a certificate in form 8 ; and]

(2) The person referred to in sub-rule (1) shall hand over the original certificate to the Overseas Employment Promoter who shall have the certificate countersigned at the Zonal Office of the bank where he operates.

(3) After the foreign service agreement has been registered under rule 21 with the Protector of Emigrants, the Overseas Emigrant Protector shall present that bank certificate to the Zonal Office of the bank which had countersigned the certificate alongwith the certificate of registration referred to in the said rule 21.

(4) The Zonal Office of the bank shall make payment of one thousand, four hundred and fifty rupees to the Overseas Employment Promoter who presented the documents to it under sub-rule (3) and remit five hundred and fifty rupees to the Credit of Welfare Fund:

[Provided that out of the deposit in respect of which a certificate in Form 8 has been issued the Zonal Office of the bank shall make payment of one thousand four hundred and fifty rupees to the Overseas Employment Promoter who presents the documents to it as aforesaid or, as the case may be, to the Corporation and remit five hundred and fifty rupees to the credit of the Welfare Fund.]

(5) Within [thirty-five days] of the registration of the foreign service agreement under rule 21, [or within such extended period not exceeding thirty days as the Director-General may, in special cases and for reasons to be recorded in writing allow,] the Overseas Employment Promoter shall arrange for the passage of the person referred to in sub-rule (1) in connection with his employment abroad, failing which such person shall be entitled to get refund of sum deposited by him under the said sub-rule :

Provided that if such person fails to turn on when he is called for departure or refused in writing, witnessed by two persons, to proceed abroad at his own free will, he shall not be entitled to claim the refund or the sum deposited by him :

Provided further that where the delay has been caused by the employer and the Federal Government or the Director-General, as the case may be, grants extension of the period of departure such person shall be entitled to claim refund of the sum deposited by him if the Overseas Employment Promoter fails to provide him employment abroad within the extended period.

(6) In case such person is not successful in getting employment abroad, the Overseas Employment Promoter shall refund the service charges of one thousand four hundred and fifty rupees to him and the sum of five hundred and fifty rupees credited to the Welfare Fund shall be refunded to him by the bank on a certificate issued by the Federal Government.

16. Passage from Pakistan to the place of Employment. (1) The cost of passage of the emigrant from Pakistan to the place of employment abroad shall, be borne by the employer.

(2) In a case where the employer is not willing to pay the cost of passage before the arrival of the emigrant at the place of employment, the Overseas Employment Promoter shall arrange the passage of the emigrant from the place of recruitment to the place of employment abroad.

(3) Unless otherwise provided in the foreign service agreement, the return journey passage of an emigrant on completion of his contract shall be borne by the employer.

(4) In case of the Overseas Employment Promoter recruits an emigrant for employment abroad, and the employer finds him unfit for such employment and refuses to accept him on this account, the Overseas Employment Promoter shall be liable to pay for the passage of such emigrant from Pakistan to the place of employment abroad and back.

17. Demand of manpower from a foreign Government. (1) All demands for manpower from foreign Governments received by any agency of the Federal Government or a Provincial Government shall be dealt with by the [Corporation] [:]

[Provided that no person shall be recruited for technical jobs pertaining to constructions maintenance and operation of power stations, grid stations, transmission and distribution systems without the prior approval in writing of the Ministry of Water and Power which shall not be accorded unless the person concerned produces a ‘No Objection Certificate’ from the General Manager concerned of the Water and Power Development Authority or, as the case may be, the Managing Director of the Karachi Electric Supply Corporation.]

(2) On being satisfied that the terms and conditions of employment abroad offered by a foreign Government are satisfactory, the Director-General shall take such measures as [it] may deem fit for meeting the demand without adversely affecting the needs of the country.

18. Overseas Employment Promoter to process foreign Government's demands. (1) In case a foreign Government appoints any Overseas Employment Promoter to process its demand the Overseas Employment Promoter shall apply to the Federal Government for according approval to process such demand.

(2) The Federal Government may, after such inquiry as it may deem necessary, allow such Overseas Employment Promoter to process the demand of a foreign Government through the Protector of Emigrants.

19. Scrutiny of private sector demands by the Protector of Emigrants. (1) Any demand for persons or class of persons for employment abroad from an employer in foreign private sector shall be submitted by the Overseas Employment Promoter to the Protector of Emigrants who shall scrutinize the demand and, on being satisfied that the Overseas Employment Promoter is in possession of a power of attorney from the employer and the wages and other terms and conditions of service offered are reasonable, grant permission to process such demand .

[Provided that the Director General may, in special cases, for reasons to be recorded writing, waive the provisions of this sub-rule.]

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