EMIGRATION ACT, 1983
(1) This Act may be called the Emigration Act, 1983.
(2) It extends to the whole of India and applies also to citizens of India outside India.
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.
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1. The Act came into force on 30-12-1983, vide S.O. 940(E), dated 30th December, 1983.
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(1) In this Act, unless the context otherwise requires,—
(a) “certificate” means a certificate of registration issued under section 11;
(b) “conveyance” includes a vessel, vehicle, country-craft and an aircraft;
(c) “dependent” means any person who is related to an emigrant and is dependent on that emigrant;
(d) “emigrant” means any citizen of India who intends to emigrate, or emigrates, or has emigrated but does not include—
(i) a dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that emigrant has lawfully emigrated;
(ii) any person wh
(1) The Central Government may, by notification, appoint a Protector General of Emigrants and as many Protectors of Emigrants, as it deems fit, for the purposes of this Act.
(2) The Central Government may, by general or special order, define the area to which the authority of a Protector of Emigrants so appointed shall extend and, where two or more Protectors of Emigrants are appointed for the same area, also provide, by such order, for the distribution and allocation of the work to be performed under this Act in relation to such area.
(3) The Protectors of Emigrants shall perform the functions assigned to them by or under this Act under the general superintendence and control of the Protector General of Emigrants.
(4) The Protector General of Emigrants may, in addition to the special function
Subject to the other provisions of this Act, every Protector of Emigrants shall, in addition to the special duties assigned to him by or under this Act—
(a) protect and aid with his advice all intending emigrants and emigrants;
(b) cause, so far as he can, all the provisions of this Act and of the rules made thereunder to be complied with;
(c) inspect, to such extent and in such manner as may be prescribed—
(i) any emigrant conveyance, or
(ii) any other conveyance if he has reason to believe that any intending emigrants or emigrants are proceedings from, or returning to, India to or from a place outside India by such other conveyance;
(d) inquire in
The Central Government may, if satisfied that it is necessary so to do in the interest of emigrants or intending emigrants, authorise any person to perform all or any of the functions of a Protector of Emigrants under this Act.
(1) Where the Central Government considers that, with a view to preventing or checking the contravention of the provisions of this Act, it is necessary so to do, it may, by notification, set up such number of emigration check-posts at such places as may be specified.
(2) The Central Government may, by general or special order made in this behalf, appoint an officer of the Central Government or of a State Government to be an officer in charge of an emigration check-post set up under sub-
section (1).
(3) An officer in charge of an emigration check-post shall be subject to the general control and supervision of the Protector of Emigrants within the local limits of whose jurisdiction that emigration check-post is situated.
The Central Government may appoint such other officers and employees (hereinafter referred to as the emigration officers and emigration employees), as it may think fit, to assist the Protector General of Emigrants and the Protector of Emigrants in the performance of their duties under this Act.
The Protector General of Emigrants, Protectors of Emigrants, the officers in charge of emigration check-posts, emigration officers and emigration employees appointed under this Act shall be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
The Central Government may, by notification, appoint the Protector General of Emigrants or any other officer of that Government of a rank higher than that of a Protector of Emigrants to be the registering authority for the purposes of this Act.
Save as otherwise provided in this Act, no recruiting agent shall, after the commencement of this Act, commence or carry on the business of recruitment except under and in accordance with a certificate issued in that behalf by the registering authority:
Provided that a person carrying on the business of recruiting agent immediately before the commencement of this Act may continue to carry on such business without such a certificate for a period of one month from such commencement, and if he has made an application for such certificate under this Act within the said period of one month and such application is in the prescribed form and contains the prescribed particulars, till the disposal of such application by the registering authority.
(1) An application for registration shall be made to the registering authority in such form and shall contain such particulars as to the applicant’s financial soundness, trustworthiness, premises at which he intends to carry on his business, facilities at his disposal for recruitment, his antecedents (including information as to whether any certificate had been issued to him under this Chapter earlier and if so, whether such certificate had been cancelled) and previous experience, if any, of recruitment and other relevant matters as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee and an affidavit giving his current financial standing and an undertaking in the form prescribed to the effect that in the event of any information furnished in or along with the application for registration being found to be false or incorrect in any respect, the certificate shall be liable to be
A certificate issued under section 11 shall be—
(a) in such form as may be prescribed;
(b) valid for such period not exceeding five years as may be prescribed:
Provided that a certificate may be issued for a period shorter than the prescribed period—
(i) if the person to whom it is issued so desires; or
(ii) if the registering authority, for reasons to be communicated in writing to the applicant for the certificate, considers in any case that the certificate should be issued for a shorter period;
(c) subject to such other terms and conditions, including in particular, the maintenance by the holder of the certificate of the prescribed records containin
A certificate may be renewed from time to time and the provisions of this Act and the rules made thereunder (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof:
Provided that no certificate shall be renewed unless the application for its renewal is made not less than three months prior to the date on which the certificate, would, but for such renewal, cease to be valid:
Provided further that the registering authority may entertain an application for the renewal of a certificate which has been made at any time during the period of three months prior to the date on which the certificate would, but for such renewal, cease to be valid if the applicant satisfies the registering authority that he had sufficient cause for not making such application before the said period.
(1) The registering authority may cancel any certificate on any one or more of the following grounds and on no other ground, namely:—
(a) that having regard to the manner in which the holder of the certificate has carried on his business or any deterioration in his financial position, the facilities at his disposal for recruitment, the holder of the certificate is not a fit person to continue to hold the certificate;
(b) that the holder of the certificate has recruited emigrants for purposes prejudicial to the interests of India or for purposes contrary to public policy;
(c) that the holder of the certificate has, subsequent to the issue of the certificate, been convicted in India for any offence involving moral turpitude;
(d) that the holde
(1) The Central Government may, by notification, appoint the Protector General of Emigrants or any other officer of that Government of a rank higher than that of a Protector of Emigrants to be the authority (hereinafter referred to as the competent authority) for issuing permits under this Chapter.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may, by notification, authorise any person who is employed under that Government in any country or place outside India to exercise the powers of the competent authority, and issue permits under this Chapter to employers who are not citizens of India for the purpose of recruiting any citizen of India for employment in such country or place and a person so authorised shall endorse a duly certified copy of every permit issued by him under this Chapter to the Protector General of Emigrants.
Save as otherwise provided by or under this Act, no employer shall recruit any citizen of India for employment in any country or place outside India except—
(a) through a recruiting agent competent under this Act to make such recruitment, or
(b) in accordance with a valid permit issued in this behalf under this Chapter.
(1) An employer desiring to obtain a permit under this Chapter may make an application in that behalf in the prescribed form to the competent authority.
(2) On receipt of such application, the competent authority shall, subject to any rules made in this behalf, make such inquiry as he may deem necessary and grant the permit applied for or reject the application:
Provided that before granting a permit the competent authority may require the applicant to comply with such conditions as may be prescribed, including conditions as to furnishing of security and such other conditions as that authority may, for reasons to be recorded in writing, deem necessary in the interests of the citizens of India likely to be recruited by the applicant.
(3) Subject to the other provisions of this Act, the competen
A permit issued under section 17 shall be valid till the expiry of such period, not exceeding one year, as may be prescribed, from the date of issue thereof, or till the recruitment of the persons for whose recruitment such permit is issued is completed, whichever is earlier:
Provided that where the holder of the permit has been unable for sufficient cause, to complete such recruitment before the expiry of the prescribed period, the prescribed authority may, subject to rules made in this behalf, extend the period of validity of the permit by such further period or periods, not exceeding three months at a time.
Any permit obtained from a person authorised under sub-section (2) of section 15 shall not be valid unless a certified copy thereof is filed in the prescribed manner with the Protector General of Emigrants.
The provisions of section 14 relating to cancellation and suspension of a certificate referred to therein shall, subject to such modifications as may be necessary (including modifications for construing the references in that section to registering authority as references to competent authority under this Chapter), apply for the cancellation or suspension of a permit.
The Central Government may, if satisfied that it is necessary or expedient so to do in the public interest, by notification and subject to such conditions, if any, as may be specified in the notification, exempt any class or classes of employers from the requirement of obtaining a permit under this Chapter.
(1) No citizen of India shall emigrate unless he obtains under this Chapter from the Protector of Emigrants authorisation in the prescribed manner and form (such authorisation being hereinafter referred to as emigration clearance) for emigration.
(2) An application for emigration clearance shall be in the prescribed form, shall contain the prescribed particulars and shall be made by the emigrant concerned to the Protector of Emigrants:
Provided that such application may be made through the recruiting agent, if any, through whom the emigrant has been recruited or through the employer concerned.
(3) Every application under sub-section (2) shall be accompanied by—
(a) a true copy (verified and authenticated in the prescribed manner) of the agreement
(1) Any person aggrieved by—
(a) an order of the registering authority rejecting his application for registration or requiring him to furnish any security or to comply with any term or condition (not being a prescribed term or condition) specified in the certificate issued to him or suspending or cancelling or refusing to renew the certificate issued to him; or
(b) an order of the competent authority rejecting his application for a permit or requiring him to comply with any terms or conditions (not being a prescribed term or condition) specified in the permit issued to him, or suspending or cancelling or refusing to extend the period of the validity of the permit issued to him; or
(c) an order of the Protector of Emigrants rejecting his application for emigration clearance; or
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(1) Whoever—
(a) except in conformity with the provisions of this Act emigrates; or
(b) contravenes the provisions of section 10 or section 16; or
(c) by intentionally furnishing any false information or suppressing any material information obtains a certificate or a permit or an emigration clearance under this Act; or
(d) without lawful authority makes or causes to be made any alteration in any certificate or permit or in any document or endorsement by way of emigration clearance issued or made under this Act; or
(e) disobeys or neglects to comply with any order of the Protector of Emigrants under this Act; or
(f) collects from an emigrant any char
(1) Where an offence under this Act has been committed by a company, every person who, at the time of the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is att
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act shall be cognizable.
No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central Government or such officer or authority as may be authorised by that Government by order in writing in this behalf:
Provided that no sanction shall be required when an offence has been committed in respect of an emigrant or an intending emigrant and the complaint is filed by such emigrant or intending emigrant, or on behalf of such emigrant or intending emigrant, by the father, mother, husband, wife, son, daughter, brother, sister or guardian of such emigrant or intending emigrant or if such emigrant or intending emigrant is a member of a joint Hindu family, by the manager of that family.
The award of punishment for an offence under this Act shall be without prejudice to any other action which has been or which may be taken under this Act with respect to such contravention.
Where a question arises before a Protector of Emigrants as to whether a person intending to depart from India is or is not an emigrant, the Protector of Emigrants shall decide the question after holding an inquiry in such manner and upon considering such evidence as may be prescribed and such other evidence as may be relevant, and communicate the decision to such person in the prescribed manner.
(1) Where the Central Government has reason to believe that sufficient grounds exist for prohibiting emigration to any country, having regard to the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or the interests of the general public, if may, by notification, prohibit emigration to that country.
(2) A notification issued under sub-section (1) shall have effect for such period not exceeding six months as may be specified in the notification:
Provided that if the Central Government has reason to believe that the grounds mentioned in sub-section (1) continues to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification.
(1) Where the Central Government has reason to believe—
(a) that intending emigrants if allowed to emigrate to any country would be exposed to serious risk to life on arrival there by reason of—
(i) outbreak of any disease or grave pollution of environment in such country;
(ii) outbreak of hostilities or civil war or civil commotion or political disturbances;
(b) that by reason of India not being in diplomatic relations with that country it is not possible to protect the emigrants from discrimination, maltreatment and exploitation,
it may, by notification, prohibit emigration to that country.
(2) A notification issued under sub-section (1) shall have e
(1) Where the Central Government considers that in the interests of the general public, emigration of any class or category of persons, having regard to their age, sex or other relevant factors, to any country should be prohibited, it may, by notification, prohibit the emigration to such country of such class or category of persons as may be specified in the notification.
(2) A notification issued under sub-section (1) shall have effect for such period not exceeding six months as may be specified in the notification:
Provided that if the Central Government has reason to believe that any of the grounds mentioned in sub-section (1) continues to exist, it may, from time to time, by notification, prohibit emigration of such class or category of persons to that country for such further period, not exceeding six months on each occasion, as may
(1) Any security or other financial provision which may be required to be made under this Act shall be reasonable having regard to the purpose for which such security or other financial provision is required to be made.
(2) The prescribed authority may, after giving notice in the prescribed manner to a person who has furnished any security for any purpose and after giving to such person an opportunity to represent his case, by order in writing, direct that the whole or any part of such security may be forfeited for being utilised for such purpose and in such manner as may be specified in the order.
(3) Where it appears to the prescribed authority that the security furnished by any person under this Act for any purpose has, for any reason, become inadequate, or has ceased to be available for any reason whatsoever, the prescribed authority
Any security furnished under this Act shall be refunded or, as the case may be, released, when no longer required for the purpose for which it has been furnished and the other circumstances in which and the manner in which any security furnished under this Act may be released or refunded shall be such as may be prescribed.
All the powers for the time being conferred by the Customs Act, 1962 (52 of 1962), on officers of customs with regard to the searching and detention of persons, vessels or aircraft or any other conveyance, or seizure of any document or thing or arrest of any person or otherwise for the purpose of prevention or detection of any offence under that Act or for apprehending a person suspected to have committed any offence under that Act may be exercised for the purpose of prevention or detection of any offence under this Act or for apprehending a person suspected to have committed any offence under this Act, by—
(a) any such officer of customs, or
(b) the Protector General of Emigrants or a Protector of Emigrants, or
(c) an officer in charge of an emigration check-post.
(1) Every recruiting agent shall maintain such registers and other records and shall submit to the prescribed authorities such periodical or other returns as may be prescribed.
(2) The Protector General of Emigrants, the registering authority, the competent authority or a Protector of Emigrants may, by order, call for any other return or information from a recruiting agent.
(3) The Protector General of Emigrants, the registering authority, the competent authority or a Protector of Emigrants or an officer in charge of an emigration check-post may inspect any register or other record maintained by a recruiting agent under sub-section (1) and for the purpose of such inspection, enter, at any reasonable time, the business premises of a recruiting agent.
(1) The Protector General of Emigrants, the registering authority, the competent authority and every Protector of Emigrants shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
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The Central Government may give directions to the Protector General of Emigrants, the registering authority, the competent authority or any Protector of Emigrants as to the carrying into execution of any provision of this Act.
(1) The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any agreement or other instrument having effect by virtue of any enactment other than this Act.
(2) Save as provided in sub-section (1), the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
The Central Government may, by notification direct that any power or function—
(a) which may be exercised or performed by it under this Act, or
(b) which may be exercised or performed by a registering authority, competent authority or a Protector of Emigrants under this Act,
may, in relation to such matters, and subject to such conditions, if any, as it may specify in the notification, be also exercised or performed—
(i) by such officer or authority subordinate to the Central Government, or
(ii) by any State Government or by any officer or authority subordinate to such State Government, or
(iii) in any foreign country in which there is no diplomatic
Section 40 of the Emigration Act, 1983 deals with the delegation of powers by the Central Government. The Act was enacted to consolidate and amend the law relating to emigration of citizens from India, primarily for employment purposes, with the objective of reducing fraud and protecting Indian workers from unfair recruitment practices, exploitation, and trafficking risks.
Section 40 of the Emigration Act, 1983 provides that the Central Government may, by notification, direct that any power or function which may be exercised or performed by it under the Act, or by a registering authority, competent authority, or a Protector of Emigrants under the Act, may be exercised or performed by such other officer or authority as may be specified in the notification.
The essential ingredients of Section 40 are:1. Central Government's authority to delegate powers2. Notification requirement for the delegation3. Scope of delegation - covers powers exercisable by the Central Government, registering authority, competent authority, or Protector of Emigrants4. Designation of substitute authority - the power can be delegated to other officers or authorities
Section 40 serves as an administrative efficiency mechanism, allowing the Central Government to streamline the implementation of the Emigration Act by delegating its functions to subordinate officers or authorities. This ensures that the regulatory framework can be effectively administered without requiring all decisions to be made at the highest level.
Section 40 itself does not prescribe any punishment. It is a procedural provision relating to delegation of powers. The punishment provisions under the Emigration Act, 1983 are found in other sections, which prescribe imprisonment for terms which may extend to two years and fine which may extend to two thousand rupees, with minimum imprisonment of six months and minimum fine of one thousand rupees for certain offences.
Delegation Power - Section 40 enables the Central Government to delegate its powers and functions to other officers or authorities, facilitating administrative efficiency in implementing the Emigration Act. [Source: Section 40 - The Emigration Act, 1983]
Notification Requirement - The delegation under Section 40 must be effected through a notification, ensuring transparency and formal record of the delegation of authority. [Source: Section 40 in The Emigration Act, 1983]
Scope of Delegation - The section covers delegation of powers exercisable by the Central Government, registering authority, competent authority, or Protector of Emigrants, providing comprehensive coverage of administrative functions. [Source: Section 40(b) in The Emigration Act, 1983]
Administrative Purpose - The provision is designed to streamline the implementation of the Emigration Act by allowing delegation of functions to subordinate authorities, ensuring efficient administration. [Source: Section 40 - The Emigration Act, 1983]
Regulatory Framework - The Emigration Act, 1983 regulates the emigration of Indian citizens abroad for employment-related reasons, and Section 40 supports this regulatory framework through administrative delegation. [Source: Emigration Act 1983 designed to address demands of...]
Protection Objective - The Act is intended to protect Indian workers from unfair recruitment practices, exploitation, and trafficking risks, and Section 40 facilitates this by enabling efficient administration. [Source: Major Exemption Under Emigration Act, 1983]
Fraud Prevention - The Act aims to reduce fraud in the emigration process, and the delegation power under Section 40 helps ensure effective oversight of recruiting agents. [Source: Emigration Act, 1983]
Recruiting Agent Regulation - Under the Act, no recruiting agent shall commence or carry on the business of recruitment without a valid certificate, and Section 40 enables delegation of related regulatory powers. [Source: contents - emigration act, 1983]
Emigration Clearance - Subject to other provisions of the Act, the Protector of Emigrants may reject an application for emigration clearance, and Section 40 allows delegation of such functions. [Source: The Emigration Act, 1983 - RDSO]
Prohibition Power - The Act grants power to prohibit emigration to any country due to outbreaks of epidemics, civil disturbances, etc., and Section 40 enables delegation of such powers. [Source: Emigration Act of 1983]
Bank Guarantee Requirement - Under the Emigration Rules, 1983, recruiting agents must provide a bank guarantee of specified amount as security, and Section 40 facilitates delegation of related enforcement powers. [Source: Emigration Rules, 1983]
Complaint Mechanism - Complaints against fraudulent recruiting agents can be lodged with State law enforcing authorities, and Section 40 supports the administrative framework for such enforcement. [Source: Complaints against fraudulent recruiting agents]
Protector General Appointment - The Act provides for appointment of a Protector General of Emigrants and Protectors of Emigrants, and Section 40 enables delegation of their functions. [Source: contents - emigration act, 1983]
Certificate Validity - Under the Emigration Rules, certificates issued to recruiting agents are valid for a specified period, are non-transferable, and Section 40 supports delegation of related regulatory functions. [Source: Section 10 in The Emigration Rules, 1983]
Application Verification - The competent authority may verify facts contained in applications for registration, and Section 40 allows delegation of such verification functions. [Source: Emigration Rules, 1983]
Non-Applicability Provision - Section 42 of the Act provides that the Act does not apply to certain emigrants, and Section 40 supports the administrative framework for determining such exemptions. [Source: Emigration Act of 1983]
Consolidation Purpose - The Emigration Act, 1983 was enacted to consolidate and amend the law relating to emigration, and Section 40 serves as an administrative tool for effective implementation. [Source: Emigration Act of 1983]
Labour Agreement Protection - The Act outlines rights and protections for emigrants, ensuring clarity regarding labour agreements, and Section 40 facilitates the administrative machinery for such protection. [Source: वासी वधान Emigration Legislation]
POE Clearance Requirement - The Act imposes a requirement of obtaining emigration clearance from the office of Protector of Emigrants, and Section 40 enables delegation of such clearance functions. [Source: Emigration Act, 1983]
Minimum Punishment - Offences under the Act are punishable with imprisonment for a term which may extend to two years and with fine, with minimum imprisonment of six months and minimum fine of one thousand rupees, though Section 40 itself is a procedural provision. [Source: Emigration Act of 1983]
(1) Where the Central Government, on a reference made to it or otherwise, is satisfied that having regard to—
(a) the friendly relations with any foreign country; or
(b) the known reputation of any foreign employer or class of foreign employers, for providing to emigrants standard conditions of living and working, and their methods of recruitment and conditions of employment; or
(c) the methods of recruitment followed and the conditions of employment provided by a public undertaking or an approved concern for the execution of its projects abroad; or
(d) the facilities and conditions of service provided by Government officers posted abroad to their domestic servants accompanying such Government officers, where the expenditure in respect of t
Nothing contained in this Act shall be deemed to apply to - The recruitment or emigration of any person who is not a citizen of India the control of recruiting in India for the service of foreign States to which the Foreign Recruitment Act, 1874 ( 4 of 1874) applies.
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the powers and duties of officers and employees appointed for the purposes of this Act and the terms and conditions of their service;
(b) the form of—
(i) a certificate to commence or carry on the business of recruitment, and of an application for the issue or renewal thereof;
(ii) a permit for the recruitment of persons for employment outside India, and of an application for the issue thereof;
(
Every notification issued under clause (o) of sub-section (1) of section 2, section 30, section 31 or section 32 and every rule made under section 43 shall be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or the rule or both Houses agree that the notification or the rule should not be issued or made, the notification or the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.
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