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.]
(2) In case there is any deficiency or variation in the terms and conditions being offered to the persons for employment abroad and the terms and conditions laid down by the Bureau or the Federal Government, and the Protector of Emigrants is of the opinion that the demand is not processing, he may refer the case, giving his reasons for his opinion, to the Director-General.
(3) On receipt of the demand under sub-rule (2), the Director-General may, after considering the reasons given by the Protector of Emigrants grant, or refuse the processing of the demand and the decision of the Director- General shall be final.
20. Processing of demands by Overseas Employment Promoters. (1) If permission for processing of the demand is granted under rule 18 or rule 19, the Overseas Employment Promoter shall recruit persons of all categories according to the qualifications laid down in the demand.[(2) After the completion of selection of persons of employment abroad, the Overseas Employment Promoter shall arrange the selected persons to appear before the Protector of Emigrants alongwith the foreign service agreements, in quadruplicate, in respect of each person, duly completed and signed by the parties, for registration of such agreements :][Provided that fifteen per cent of the demand shall be met by recruiting persons ordinarily residing in, or belonging to, underdeveloped areas to be specified by the Federal Government].
21. Registration of the agreement. (1) The Protector of Emigrants shall, after satisfying himself that:
(i) each person fulfils the qualifications and experience specified in the demand received from the employer may obtain from the Overseas Employment Promoter in writing that suitable and qualified persons have been selected in accordance with the employer’s requirements ;
(ii) the Overseas Employment Promoter has explained to such persons the contents of the agreement in their own language;
(iii) the persons fully understand the terms and conditions of service contained in the agreement and have voluntarily offered themselves for employment abroad.
Register the foreign service agreements and issue a certificate of registration in respect of each emigrant.
(2) The Protector of Emigrants shall then prepare a nominal role in respect of each emigrant and forwards a copy thereof to the Embassy of Pakistan in the country of employment with particulars of the employer and the workers.
(3) The passports of each emigrant with whom agreement is signed shall bear the registration number of the agreement and seal and signature of the Protector of Emigrant.
22. Direct Employment. (1) The Protector of Emigrants may permit the processing of the following types of direct employment, namely :-
(i) direct employment on individual visa ; and
(ii) direct employment on group visa .
The cases of direct employment where the group visa exceeds five persons or the bifurcation of group visa into individual visas or into group visas of five persons shall not be permitted by the Protector of Emigrants :
Provided that the [Director General] may permit processing of cases of direct employment on group visa exceeding five persons.[(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 or [where there is no Pakistan Mission,] the Foreign Ministry of the country of the employer [* * * *] 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 provisions of this rule],
23. Government fees dues, etc. (1) Two copies of the foreign service agreement shall be affixed with Government adhesive stamps of the value of five rupees and one copy each shall be supplied to the emigrant and the employer.
(2) A fee of twenty-five rupees for stamping agreement shall be levied and deposited by the Overseas Employment Promoter in the treasury under the head ‘XXXVI miscellaneous’ in respect of each emigrant permitted by the Protector of Emigrants for the purpose of employment abroad.
(3) A fee of five hundred rupees shall be levied and deposited in the treasury under the head referred to in sub-rule (2) in respect of each emigrant permitted by the Protector of Emigrants for direct employment on individual visa not exceeding five persons.[Provided that the fee in respect of an emigrant to whom the proviso to sub-rule (1) of rule 15 applies shall be one thousand four hundred and fifty rupees’; and]
(4) A sum of five hundred and fifty rupees shall be levied in respect of every person permitted by Protector of Emigrants for employment abroad in private sector, public sector, or direct employment towards the Welfare Fund and be deposited :
(i) in case the application for employment abroad has been processed through he Overseas Employment Promoter, [or the Corporation] in the manner prescribed in rule 15 ; and
(ii) in case the emigrant has secured employment abroad directly from the employer, in a branch of the bank through the Protector of Emigrants.[(5) Where in respect of direct employment, a person is refused registration or permission under rule 21 or rule 22 for wresters to be recorded in writing, or is unable to emigrate for reasons beyond his control the direct employment on individual visa fee deposited under sub-rule (3) shall be refunded on application to be made by the Overseas Employment Promoter or the intending emigrant, as the case may be].
24. Overseas Employment Protector Association. (1) The Overseas Employment Promoters may with the approval of the Federal Government form an Association.
(2) Every Overseas Employment Promoter shall be a member of the Association.
(3) The members of the Association shall observe the Code of Conduct laid down in rule 25 and the rule of business to be framed by the Association with the approval of the Federal Government.
(4) The Association may open branches in all the Provincial capitals and in major towns.
25. Code of Conduct for Overseas Employment Promoters. (1) Every Overseas Employment Promoter shall—
(a) maintain a regular office and prominently display .a signboard on his registered office ; and
(b) keep a complete list of Overseas Employment Promoters in Pakistan to be supplied by the Association.
(2) While dealing with the sources of employment abroad the following rules shall be strictly observed by the Overseas Employment Promoters, namely :-
(i) Maximum efforts shall be made to contract new Companies which are starting fresh contracts or employing foreign national for the purpose of securing more job opportunities for emigrants from Pakistan.
(ii) An Overseas Employment Promoter shall avoid competition with other Overseas Employment Promoters in seeking orders for demand of workers.
(iii) Where an employer is not satisfied with the performance of an Overseas Employment Promoter in Pakistan and want to appoint another Overseas Employment Promoter in his place any other Overseas Employment Promoter shall not accept terms in relation to service charges, cost of air passage, salaries and fringe benefits of emigrants lower than those under which the previous Overseas Employment Promoter was engaged.
(iv) If an Overseas Employment Promoter accepts any term lower than the terms which where allowed to his predecessor due to ignorance he shall, as soon as he comes to know of the fact, disengage himself from the work assigned to him by the employer.
(v) No Overseas Employment Promoter shall accept salaries and terms and conditions of employment for emigrants lower than those approved by the Federal Government:
Provided that in case of large number of vacancies, on an application by the Overseas Employment Promoter to the Protector of Emigrants made before he makes a final commitment to the employer, the Director-General may, on the recommendation of the Protector of Emigrants, exempt such Overseas Employment Promoter from the provisions of this rule.
(vi) All Overseas Employment Promoters shall ensure that not less than the salary and other benefits as mentioned in the foreign service agreement are given to an emigrant during the entire period of his employment abroad.
(vii) There shall be no verbal or written understanding between any employer and the Overseas Employment Promoter for the payment of salaries or other terms and conditions to the disadvantage of the emigrants.
(viii)Under all circumstances, the emigrant’s copy of the foreign service agreement shall be handed over to him and the contents explained in detail in the presence of the Protector of Emigrants.
(ix) If the minimum commission acceptable from the employer is fixed by the Association, no Overseas Employment Promoter shall accept any commission lower than the amount fixed by the Association.
(x) No Overseas Employment Promoter shall indulge in immoral activities while entertaining employers.
(xi) The minimum age for employment of women as maid-servants, Ayas and governeses shall be [thirty-five] years, or as the Federal Government may, from time to time fix for various categories of women workers and no Overseas Employment Promoter shall accept a demand for women workers of less than such age :
Provided that the Federal Government, may in special cases for reason to be recorded in writing, relax the minimum age limit by five years.
(xii) No Overseas Employment Promoter shall accept demand from an employer who has defaulted in the payment of the amount of commission due to another Overseas Employment Promoter and if an Overseas Employment Promoter knowingly and deliberately enters into agreement with such employer, he shall be liable to pay the dues of his predecessor from his own business proceeds.
(xiii)No Overseas Employment Promoter shall charge any fee other than the service charges referred to in rule 15, from any person desiring to emigrate.
(xiv) The Overseas Employment Promoter shall not pay any gratification to the Protector of Emigrants or his staff or to any one in the State Bank or at the airports and shall strongly resist corruption at all levels.
(xv) The processing of demands for workers shall be handled by the Overseas Employment Promoter within the area in which he has established his office, [or branch office] [: ]
(xvi) No Overseas Employment Promoter shall get involved, help or assist any person in illegal activities, like forged visas, bifurcations of group visas, use of visit, study or Umra visas for employment abroad.
(xvii)No Overseas Employment Promoter shall knowingly and deliberately supply substandard manpower to any employer.
26. Establishment of Welfare Fund. (1) There shall be established a Welfare Fund to which the following amounts shall be credited, namely:
(i) five hundred and fifty rupees paid by such emigrant and credited to the Welfare Fund under sub-rule (4) of rule [15];
(ii) interest accrued on the amount of security deposited by the Overseas Employment Promoters ;
(iii) contributions and donations that may be made by the public, corporate bodies, companies, welfare associations, societies and banks; and
(iv) any other source.
[(2) The Welfare Fund shall vest in the Overseas Workers Foundation which shall control the said Fund and may invest money and incur expenditure therefrom on—
(a) the social welfare of the emigrants and their families in Pakistan and abroad by identifying their problems and contributing to their solution ;
(b) the establishment and maintenance of, or giving of assistance to, vocational training institutions providing training in such trades as are in demand overseas;
(c) the establishment of housing societies, colonies and townships for the emigrants and their families in Pakistan;
(d) the giving of scholarships, stipends or grants to the children of the emigrants for studies in the fields of science, technology, art and management in Pakistan and abroad;
(e) the establishment, management and giving of grants to educational or religious institutions in Pakistan and abroad in which the children of the emigrants study;
(f) the giving of grants to emigrant’s societies and association for the establishment of community centres, libraries and mosques and for organizing seminars and conferences in connection with events of national importance;
(g) the opening of offices and branches of the Overseas Workers Foundation in any part of Pakistan and abroad for the convenience of emigrants ;
(h) the establishment and management of, or investment in commercial, industrial or service enterprises;
(i) the purchasing or taking on hire of any such land, building or other property as may be necessary for the purposes of the Welfare Fund ;
(j) the management, improvement and development of the property of the Overseas Workers Foundation ;
(k) the collection and editing of material for, and undertaking the work of, printing and publishing of pamphlets, reports, journals, periodicals, dailies or other such works which may be necessary in the interest of the emigrants ; and (I) such other investments, including investments in any commercial, industrial or other enterprise as may from time to time be determined by the Overseas Workers Foundation].
27. Violation of foreign service agreements. (1) In case of violation of any of the terms of foreign service agreement by the employer, the emigrant shall lodge a complaint against the employer with the Embassy of Pakistan and forward a copy thereof to the Bureau.
(2) On receipt of a complaint under sub-rule (1), the Embassy of Pakistan shall assist the emigrant by persuading the employer to abide by the foreign service agreement, failing which the Embassy shall take up the matter with the local authorities or labour Courts to redress the grievances of the emigrant.
(3) The Labour Attache shall submit a report of such incident to the Federal Government and the Bureau may direct the Overseas Employment Promoter to contract the employer and persuade him to abide by terms of the foreign service agreement.
28. Disposal of complaint by the Protector of Emigrants. The Protector of Emigrants shall have a locked complaint box affixed at the gate of his office in which any person may deposit his complaints and the Protector of Emigrants shall, after such inquiry as he may deem necessary, take appropriate action or make a report to the Director-General with full particulars of the complaint and his recommendation.
29. Disposal of complaints by the Director-General. (1) On receipt of a complaint from an emigrant, the Director-General shall, if the complaint relates to matter which is not of a serious nature, refer it to the Protector of Emigrants for investigation and report.
(2) On receipt of report from the Protector of Emigrants under rule [28] or sub-rule (1), the Director-General shall decide the case on merits or issue show-cause notice to the Overseas Employment Promoter.
(3) On receipt of reply to show-cause notice from the Overseas Employment Promoter, Director-General shall, after examining the reply, call the Overseas Employment Promoter for personal hearing and decide the case on merits.
(4) In the case of a complaint of a serious nature, the Director-General shall refer to the Federal Government with recommendations for investigation by the Federal Investigation Agency.
(5) In case the complaint of the emigrant is against a person other than an Overseas Employment Promoter, the Director-General shall refer it to the Federal Government for prosecution under the Ordinance or any other law for the time being in force.
30. Disposal of complaint by Labour Attaches. (1) On receipt of a complaint from an emigrant, the Labour Attache shall take the following actions namely :-
(a) If the complaint is against the employer:
(i) he shall assist the complaint to settle his grievances with the employer; and
(ii) if it cannot be settled under sub-clause (i), and the remedy lies with the local labour Courts or the local authorities, he shall assist the complainant finding for his grievances in such Courts as the case may be ; and
(b) If the complaint is against an Overseas Employment Promoter, he shall refer it to the Federal Government or the Director-General alongwith necessary facts and recommendations.
(2) In the case of a complaint from an employer against the Overseas Employment Promoter, the Labour Attache shall, after such inquiry as he may deemed necessary, send a report to the Federal Government or the Director-General with his recommendation for taking action under rule 31.
(3) In the case of a complaint from the employee against the emigrant, the Labour Attache shall persuade the emigrant to able by the terms of the foreign service agreement and in the case of a gross misconduct by an emigrant, he shall recommend to the Federal Government or the Director-General for the deportations of the emigration.
31. Time-limit of complaint against Overseas Employment Promoter. Notwithstanding anything contained in these rules, no complaint by an emigrant against an Overseas Employment Promoter shall be entertained after a period of, sixty days from the date of his joining the employment abroad for which he was selected.
31-A. Persons below the age of 18 years unaccompanied by a relative not to emigrate. No-emigrant below the age of 18 years, who is unaccompanied by a parent, guardian or relative of 18 years of age shall be assisted to emigrate unless otherwise directed by the Federal Government for reasons to be recorded in writing.’ And
31-B. Time limit of complaint against Overseas Employment Promoter. -Notwithstanding anything contained in these rules, no complaint by an emigrant against an Overseas Employment Promoter shall be entertained after a period of six months from the date 6f his joining the employment abroad for which he was selected.
32. Repeal. The Emigration Rules, 1959, are hereby repealed.
