Contents
Preamble
CHAPTER I PRELIMINARY
1 Short title and extent.
2 Definitions.
CHAPTER II–PROTECTORS OF EMIGRANTS AND MEDICAL INSPECTORS
3 Appointment of Protectors of Emigrants.
4 General duties of Protector.
5 Power to appoint persons to exercise functions of a Protector.
6 Appointment of Medical Inspectors.
7 Agents in foreign countries.
8 Advisory Committees.
CHAPTER III- EMIGRATION FOR THE PURPOSE OF UNSKILLED WORK
9 Ports from which emigration of unskilled workers is lawful.
10 Countries to which emigration of unskilled workers is lawful.
11 Power to suspend emigration of unskilled workers.
12 Revocation of prohibition.
13 Power of Federal Government to prohibit emigration to specified country.
14 Saving.
CHAPTER IV-EMIGRATION FOR THE PURPOSE OF SKILLED WORK
15 Ports from which emigration of skilled workers lawful.
16 Emigration of skilled workers.
17 Applications how to be disposed of.
18 Appearance of engaged persons before, and registration of names by, Protector of Emigrants.
19 Provisions as to security.
20 Delegation to Protector of Emigrants of authority to receive or dispose of applications.
21 Power to prohibit emigration of skilled workers
22 Saving.
CHAPTER V–RULES
23 Power of Federal Government to make rules.
24 Power for the Federal Government to make rules
CHAPTER VI–OFFENCES
25 Unlawful emigration or inducement to emigrate.
26 Fraudulently inducing to emigrate
27 False representation of Government authority
27-A Charging of fee for providing foreign employment or non-fulfilment of commitment to provide foreign employment
27-B Unauthorised advertisements for foreign employment
27-C Penalty for offences
28 Sanction to prosecutions
29 Power for Custom-officer to search and detain for purposes of Act
CHAPTER VII-SUPPLEMENTAL
30 (Omitted)
30-A Power to prohibit departure by sea, air or land from Pakistan for the purpose of unskilled work
CHAPTER VIII-SAVINGS AND REPEAL
31 Application of Act.
32 (Rep.)
33 (Rep.)

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 Pakistan.

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 Pakistan of-

(i) any person who departs under an agreement to work for hire in any country beyond the limits of Pakistan, and
(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 Pakistan;

(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 Pakistan from which emigration is lawful.

(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 there under 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 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 Pakistan, appoint persons to be agents in such places, and may define their powers and duties.

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 Pakistan to which each such persons and his dependants are to proceed ;
(c) the accommodation to be provided for each such person and his dependants until their departure out of Pakistan and during the journey.

(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 Pakistan which he proposes to furnish for the due observance of such agreement and for the proper treatment of the person to be engaged and his dependants.

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 Pakistan as his personal domestic servant.

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 Pakistan ;
(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 Pakistan, during a journey on an emigrant ship, aircraft or vehicle and on their return to Pakistan.

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 Pakistan without registration of the particulars required by subsection (2) of Section 18 ; shall be punishable with imprisonment for a term which may extend to five years and with fine.

(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 Pakistan, or

(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 Pakistan for the purpose of unskilled work. (1) The Federal Government may, by notification in the official Gazette from a date and for reasons to be specified in the notification, prohibit all persons or any specified class of persons from departing by sea, air or land out of Pakistan to any specified country beyond the limits of Pakistan for the purpose of unskilled work unless possessed of a prescribed permit or otherwise exempted by general or special order of the Federal Government from the provisions of the notification.

(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 Pakistan in contravention of a notification issued under subsection (1) shall be punishable with the punishment provided for an offence under sub-section (1) of Section 25.

(4) Whoever causes or assists or attempts to cause or assist any person to depart out of Pakistan in contravention of a notification issued under sub-section (1) shall be punishable with the punishment provided for an offence under sub-section (1) of Section 25.

(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 Pakistan of –

(i) any person who is neither born of parents domiciled in Pakistan nor a subject of an Acceding State, or

(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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