Updated: Friday
November 20, 2009/AlJumaa Thoul Hijjah 03, 1430/Sukravara Karthika 29, 1931, at 10:14:30 PM
The Emigration
Act, 1922
(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 o
(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
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.
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.
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
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
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.
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.
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.]
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