Updated: Friday
November 20, 2009/AlJumaa Thoul Hijjah 03, 1430/Sukravara Karthika 29, 1931, at 10:14:30 PM
The 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
(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
(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
(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
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
(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
(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
(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
(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
(e) the establishment, management and giving of grants to educational or
religious institutions in
(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
(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.
The Emigration Ordinance, 1979
The Emigration Act, 1976 (Repealed)
The Emigration Act, 1922 (Repealed)
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