Updated: Monday February 17, 2014/AlEthnien
Rabi' Thani 17, 1435/Somavara
Magha 28, 1935, at 02:33:14 PM
The Emigration Act, 1922 (Repealed)
(VII OF 1922)
5th March, 1922
An Act to
amend the law relating to emigration.
Whereas it
is expedient to amend the law relating to emigration;
It is hereby enacted as follows;
CHAPTER I
PRELIMINARY
1. Short title and extent. (1) This Act may be called the Emigration Act, 1922.
(2) It extends to the whole of
2. Definitions.
(1) In this Act, unless there is anything repugnant in the subject or
context,---
(a) ‘dependant’ means any woman or child who is
related to an emigrant and any aged or incapacitated relative of an emigrant;
(b) ‘emigrant’ means any person who emigrates or has
emigrated or who has been registered as an emigrant under this Act, and
includes any dependant of an emigrant, but does not include,---
(i) any person emigrating to a country in which he has
resided for not less than five years or the wife or child of such person, or
(ii) the wife or child of any person’ who has lawfully
emigrated when such wife or child departs for the purpose of joining such
person;
(c) ‘emigrate’ and ‘emigration’ mean the departure by
sea, air or land out of
(i) any person who departs under an agreement to work
for hire in any country beyond the limits of
(ii) any person who is assisted to depart, otherwise
than by a relative, if he departs, for the purpose or with the intention of
working for hire or engaging in agriculture in any country beyond the limits of
(cc) ‘emigrant ships aircraft or vehicle’ means any
ship, aircraft or vehicle specially chartered for the conveyance of emigrants,
or conveying emigrants exceeding a number to be prescribed:---
Provided that the Federal Government may, by
notification in the official Gazette, declare that ships, aircraft or vehicles
conveying emigrants to any specified port or place shall not be deemed to be
emigrant ships, aircraft or vehicles;
(d) ‘prescribe’ means to prescribe by rules made under
this Act;
(e) ‘work’ with its grammatical variations, means skilled
or unskilled work;
(f) ‘skilled work’ means,---
(i) working as an artisan; or
(ii) working as clerk or shop assistant; or
(iii) working for the purpose of any exhibition or
entertainment; or
(iv) service in any restaurant, tea-house, or other
place of public resort; or
(v) domestic service; or
(vi) any other occupation which the Federal Government
may, by notification in the official Gazette, declare to be skilled work;
(g) ‘unskilled work’ includes engaging in agriculture.
(2) In case of any doubt or dispute arising otherwise
than in the course of any legal proceedings, as to whether,---
(a) any person is an emigrant, or
(b) any work is skilled or unskilled, or
(c) any person has been assisted otherwise than by a
relative, within the meaning of this Act, the question shall be determined by
such person and in such manner as the Federal Government may prescribe, and
such determination shall be final.
CHAPTER II
PROTECTORS OF EMIGRANTS AND MEDICAL INSPECTORS
3. Appointment of Protectors of Emigrants. (1) The Federal Government may appoint a person to be
the Protector of Emigrants for any port or other place situate in
(2) The Federal Government may define the; area to
which the authority of a Protector of Emigrants so appointed shall extend.
(3) Every Protector of Emigrants shall be a public
servant within the meaning of the Pakistan Penal Code.
4. General duties of Protector. Every Protector of Emigrants, in addition to the
special duties assigned to him by or under this Act, shall,---
(a) protect and aid with his advice all emigrants;
(b) cause, so far as he can, all the provisions of
this Act and of the rules made thereunder to be complied;
(c) inspect, at the time of arrival, to such extent
and in such manner as the Federal Government may prescribe, vessels, aircraft
and vehicles bringing return emigrants to the port or place for which he is
Protector;
(d) inquire into the treatment received by return
emigrants both during the period of their residence in the country to which
they emigrated, and also during the return journey, and report thereon to the
Federal Government;
(e) aid and advise return emigrants so far as be
reasonably can; and
(f) on being satisfied that any person intending to
depart by sea, air or land out of Pakistan, comes within one of the classes
expressly excluded from the definition of emigrant in Section 2, furnish such
person with a certificate to the effect that such person is not an emigrant for
the purpose of this Act.
5. Power to appoint persons to exercise functions of a
Protector. (1) In any specified area
where there is not a Protector of Emigrants, the Federal Government may appoint
any person to perform all or any of the duties of a Protector of Emigrants
under this Act.
(2) Every person so appointed shall be a public
servant within the meaning of the Pakistan Penal Code.
6. Appointment of Medical Inspectors.-(1) The Federal Government may appoint one or more
Medical Inspectors of Emigrants at any port other place from which emigration is
lawful or at any other place, and, where more than one are appointed, may
apportion their respective duties.
(2) Every Medical Inspector of Emigrants shall be a
public servant within the meaning of the Pakistan Penal Code.
7. Agents in foreign countries. (1) Federal Government may, for the purpose of
safeguarding the interest of emigrants in any place outside
8. Advisory Committees. The Federal Government may, for the purpose of
assisting any Protector of Emigrants appointed by it or any person appointed by
it under Section 5, constitute an Advisory Committee in such manner as it may
think fit, and may prescribe the procedure to be followed and the functions to
be performed by such committee.
CHAPTER III
EMIGRATION FOR THE PURPOSE OF UNSKILLED WORK
9. Ports from which emigration of unskilled workers is
lawful. (1) Emigration, for the
purpose of unskilled work, shall not be lawful except from the Port of Karachi,
and from such other ports or places as the Federal Government may, by
notification in the official Gazette, declare to be ports or places from which
such emigration is lawful.
(2) The Federal Government may, by notification in the
official Gazette fix for the purpose of this Act the limits of any port or
other place from which such emigration is lawful.
10. Countries to which emigration of unskilled workers
is lawful. (1) Emigration for the
purpose of unskilled work, shall not be lawful except to such countries and on
such terms and conditions as the Federal Government, by notification in the
official Gazette, may specify in this behalf.
(2) No notification shall be made under sub-section
(1) unless it has been laid in draft before the Federal Legislature and has
been approved by a resolution with or without modification or addition, and,
upon such approval being given, the notification may be issued in the form in
which it has been so approved.
11. Power to suspend emigration of unskilled workers. (1) Where the Federal Government has reason to
believe that in any country to which emigration for the purpose of unskilled
work is lawful, plague or any other epidemic disease dangerous to human life
has broken out, and that emigrants is allowed to emigrate to that country would
be exposed to serious risk to life on arrival there, is may, by notification in
the official Gazette, declare that emigration to that country for the purpose
of unskilled work shall cease to be lawful.
(2) Where the Protector of Emigrants for any port or
other place has reason to believe that such a state of affairs as is described
in sub-section (1) -exists in any country to which emigration for the purpose
of unskilled work is lawful, he may, by notification in such manner as he
thinks fit, declare that emigration to that country for the purpose of
unskilled work from that port or place shall cease to be lawful pending a
reference to the Federal Government.
(3) The Protector of Emigrants publishing a
notification under sub-section (2) shall forthwith report such notification
with the reasons for it to the Federal Government, which shall thereupon
publish a notification in the official Gazette confirming or cancelling the
notification published by the Protector of Emigrants.
12. Revocation of prohibition. Where the Federal Government is satisfied that the
ground on which a notification under sub-section (1) of Section 11, or a
notification under subsection (3) of Section 11, confirming a notification of a
Protector of Emigrants has been made’ with respect to any country has ceased to
exist, it may, by notification in the official Gazette, declare that emigration
to that country for the purpose of unskilled work shall again be lawful from a
date to be specified in the notification.
13. Power of Federal Government to prohibit emigration
to specified country. (1) The Federal
Government may by notification in the official Gazette, prohibit, from a date,
and for reasons, to be specified in the notification, all persons or any
specified class of persons from emigrating to and specified country from the
territories under the administration of any Provincial Government or any
specified part thereof, for the purpose of unskilled work.
(2) Every notification issued under this section shall
be laid before the Federal Legislature as soon as may be after it is made.
14. Saving.
A notification under Section 10, Section 11, Section 12 or Section 13 shall not
affect any act done, offence committed, or legal proceedings commenced before
the date on which such notification takes effect.
CHAPTER IV
EMIGRATION FOR THE PURPOSE OF SKILLED WORK
15. Ports from which emigration of skilled workers
lawful. Emigration, for the purpose
of skilled work, shall not be lawful except from a port or other place from
which emigration for the purpose of unskilled work is lawful and from such
other ports or places as the Federal Government may, by notification in the
official Gazette, specify in this behalf.
16. Emigration of skilled workers. (1) Whoever desires to engage, or to assist, any
person to emigrate for the purpose of skilled work shall apply for the
permission of the Federal Government, and shall state in his application,---
(a) the number of persons whom he proposes so to
engage or assist;
(b) the place beyond the limits of
(c) the accommodation to be provided for each such
person and his dependants until their departure out of
(2) Whoever desires to engage any person for the purpose
described in sub-section (1) shall, in addition to the information which he is
required by that sub-section to supply in his application, further state
therein;
(a) the provisions to be made for the health and
well-being of such person and his dependants during the period of the purposes
engagement and for their repatriation at the end of such period;
(b) the terms of the agreement under which such person
is to be engaged;
(c) the security in
17. Applications how to be disposed of. On receiving an application under Section 16, the
Federal Government may, after such inquiry as it may deem necessary, grant the
permission applied for on such terms and conditions (if any) and on payment of
such fees (if any) as it thinks fit, or withhold such permission and the
decision of the Federal Government shall be final.
18. Appearance of engaged persons before, and
registration of names by, Protector of Emigrants. (1) Before any person departs from Pakistan in
accordance with permission granted under Section 17, the person by whom he has
been engaged or assisted shall appear in person, or by his duly authorised agent
before the Protector of Emigrants at the port of embarkation or the place of
departure with such first-mentioned person and with any persons intending to
accompany him as his dependants.
(2) If it appears to the Protector of Emigrants,---
(a) the permission to engage or assist such person has
been duly obtained;
(b) in the case of an engagement, that the terms of
the agreement under which such person has been engaged are in accordance with
the terms of the permission granted and are understood by him, and
(c) that the conditions on which the permission was
granted have been complied with, he shall register in a book to be kept for the
purpose such particulars concerning the person engaged or assisted and his
dependants (if any) and concerning the person engaging or assisting him, and in
such form, as the Federal Government may prescribe.
19. Provisions as to security. Where such security as is referred to in sub-section
(2) of Section 16 has been furnished, the Federal Government may, at any time
after making such inquiry as it may deem necessary, pass orders in regard to
the forfeiture of the security in whole or in part and the application of the
same or any part thereof, and, on the expiry of the period to which the
agreement relates and on being satisfied that no ground exists for forfeiting
the security in whole or in part, order the return of the security or of any
part thereof the person by whom it was furnished or to his representative.
20. Delegation to Protector of Emigrants of authority
to receive or dispose of applications.
The Federal Government may, by notification in the official Gazette, authorise
a Protector of Emigrants to receive and dispose of application made under this
Chapter:---
Provided that an appeal shall lie . to the Federal Government
from every order passed by’ a Protector of Emigrants in exercise of the
authority so conferred.
21. Power to prohibit emigration of skilled workers. (1) Where the Federal Government has reason to
believe that sufficient grounds exist for prohibiting emigration of skilled
worker to any country, it may, by notification in the official Gazette, declare
that such emigration to that country shall cease to be lawful from a date
specified in the notification; and from that date such emigration to that country
shall accordingly cease to be lawful.
(2) Every notification issued under this section shall
be laid before the Federal Legislature as soon as may be after it is made.
22. Saving.
Nothing in this Chapter shall apply in any case in which a person engages
another to accompany him out of
CHAPTER V
RULES
23. Power of Federal Government to make rules. The Federal Government may, by notification in the
official Gazette, make rules consistent with this Act to prescribe the person
by whom any doubt or dispute referred to in sub-section (2) of Section 2 shall
be determined and the procedure to be followed and the proof to be required in
such cases, and to provide for any other matter which the Federal Government is
by this Act empowered to prescribe.
24. Power for the Federal Government to make rules. (1) The Federal Government may, by notification in
the official Gazette, and after previous publication, make rules for the
purpose of carrying into effect the provisions of this Act.
(2) In .particular and without prejudice to the
generality of the foregoing power, such rules may provide for,---
(a) the powers and duties of the several officers
appointed by the Federal Government under this Act;
(b) the licensing, supervision and control of persons
in Pakistan engaged in causing or assisting persons to emigrate and in the
conveyance and accommodation of emigrants, and the prohibition of unlicensed
persons from being so engaged;
(c) the establishment, supervision and regulation of
any place of accommodation provided for emigrants and for their medical care
while resident there;
(d) the forms to be maintained and the returns to be
submitted by persons licensed in accordance with rules framed under clause (b);
(e) the information to be furnished by persons
licensed in accordance with rules framed under clause (b) to emigrants and the
language in which such information is to be furnished;
(f) the production and examination of emigrants before
District Magistrates or such other authorities as may be appointed in this
behalf,
(g) the age below which persons of either sex may not
emigrate except as dependants;
(h) the accommodation, the provisions, fuel and other
necessaries, the medical stores and staff, the life-saving and sanitary arrangements,
and the records to be maintained on emigrant ships;
(i) the reception and the despatch to their homes of
return emigrants;
(j) the fees, if any, payable by Emigration Agents to
Protectors of Emigrants for each emigrant departing from
(k) the issue of the permits referred to in
sub-section (1) of Section 30-A; and
(I) generally, the security, well-being and protection
of emigrants up to the date of their departure from
CHAPTER VI
OFFENCES
25. Unlawful emigration or inducement to emigrate. (1) Whoever, except in conformity with the provisions
of this Act or of the rules made under this Act, emigrates or attempts to
emigrate shall be punishable with [imprisonment for a term which may extend to
five years and with fine].
(2) Whoever, except in conformity with the provisions of this Act or of the
rules made under this Act,---
(a) makes, or attempts to make, any agreement with any
person purporting to bind that person, or any other person, to emigrate, or
(b) causes or assists, or attempts to cause or assist,
any person to emigrate or to attempt to emigrate or to leave any place for the
purpose of emigrating, or
(c) cause any person engaged or assisted by him, after
grant of the permission referred to in Section 17, to depart by sea, air or
land out of
(3) When in the course of any proceedings in
connection with emigration in which a person licensed in accordance with rules
framed under clause (b) of sub-section (2) of Section 24 is concerned, a breach
of the provisions of this Act or of the rules made under this Act is committed,
such person shall be liable to the punishment provided by sub-section (2),
unless he shows that he was not responsible for and could not have prevented
the commission of the breach.
(3-A).Where the person convicted of an offence
punishable under this section is the owner, master or person incharge of the
launch, vessel or other means of transport used in the commission of the
offence, such launch, vessel or other means of transport shall, upon such
conviction, stand forfeited to the Federal Government].
(4) If any person commits an offence under this
section, any police-officer may arrest him without warrant.
26. Fraudulently inducing to emigrate. Whoever, by means of intoxication, coercion or fraud,
causes, or induces, or attempts to cause or induce, any person to emigrate, or
enter into any agreement to emigrate, or leave any place with a view to
emigrating, shall be punishable with imprisonment for a term which may extend
to [five years and with fine].
27. False representation of Government authority. Whoever falsely represents that any emigrants are
required by the Government or are to be engaged on behalf of the Government
shall be punishable with imprisonment for a term which may extend to [three
years and with fine].
[27-A. Charging of fee for providing foreign
employment or non-fulfilment of commitment to provide foreign employment. Whoever,---
(a) charges any fee for providing or securing, or on
the pretext of providing or securing, to or for any person employment in any
country beyond the limits of
(b) having undertaken to provide or secure to or for
any person any such employment, fails to do so except for a reason which in the
opinion of the Protector of Emigrants, is beyond his control, shall be
punishable with imprisonment for a term which may extend to one year and with
fine.
27-B. Unauthorised advertisements for foreign
employment. Whoever, except with the
prior permission of the Federal Government or an authority specified by it in
this behalf, issues an advertisement for recruitment of citizens of Pakistan
for employment in any country beyond the limits of Pakistan, and the editor,
printer and publisher of a newspaper in which such advertisement is published,
shall be punishable with imprisonment for a term which may extend to three
years and with fine.
27-C. Penalty for offences. Whoever contravenes, or fails to comply with any of
the provisions of this Act or of the rules made under this Act, shall if no
other penalty is provided by this Act for such contravention or failure, be
punishable with imprisonment for a term which may extend to one year and with
fine].
28. Sanction to prosecutions. No prosecution shall be instituted for any offence
under this Chapter except with the sanction of a Protector of Emigrants or of a
person appointed under Section 5 and empowered in this behalf, or, where there
is no Protector or person to appointed and empowered, of the District
Magistrate:---
Provided that no sanction shall be required when an
offence has been committed in respect of an emigrant or an intended emigrant
and the complaint is filed by such emigrant, or intended emigrant or, on behalf
of such emigrant or intended emigrant, by the father, mother, husband, wife or guardian
of such emigrant or intended emigrant or, if such emigrant or intended emigrant
is a member of a joint Hindu family, by the manager of that family.
29. Power for Custom-officer to search and detain for
purposes of Act. All the powers for
the time being conferred by law on officers of sea-customs with regard to the
searching and detention of vessels or otherwise for the prevention of smuggling
on board thereof, may be exercised, for the prevention or offences against this
Act, by any such officer, or by a Protector of Emigrants, or a person appointed
under Section 5.
CHAPTER VII
SUPPLEMENTAL
30. [Omitted
by the Emigration (Amendment) Act, III of 1964, Section 13.
30-A. Power to prohibit departure by sea, air or land
from
(2) Every notification issued under this section shall
be laid before the Federal Legislature as soon as may be after it is made.
(3) Whoever departs or attempts to depart out of
(4) Whoever causes or assists or attempts to cause or
assist any person to depart out of
(5) If any person commits an offence under this
section any police officer may arrest him without warrant.
CHAPTER VIII
SAVINGS AND REPEAL
31. Application of Act. Nothing in this Act shall be deemed to apply to the
departure out of
(i) any person who is neither born of parents
domiciled in
(ii) any person enrolled under the Indian Army Act,
1911, or the Pakistan Army Act, 1932.
32. (Rep. by
the Repealing and Amending Act, XXXIV of 1939, Section 3 and II Sch.]
33. [Rep. by
the Repealing Act, XII of 1927, Section 2 and Sch
The Emigration Act, 1976 (Repealed)
The Emigration Ordinance, 1979
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