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ACTS/ORDINANCES 1979
ORDINANCE XVIII OF 1979
THE EMIGRATION ORDINANCE,
1979
Whereas it is expedient to
repeal and, with certain modifications, re-enact the
Emigration Act, 1922 (VII of 1922).
And whereas the President is satisfied that
circumstances exist which render it necessary to take
immediate action.
Now, therefore in pursuance of the Proclamation of the
Fifth day of July, 1977, read with the Laws (Continuance in
Force) Order, 1977 (CMLA Order No. 1 of 1977), and in
promulgate the following Ordinance.
Chapter-I
PRELIMINARY
- Short
Title, extent application and commencement: (1)
This Ordinance may be called the Emigration Ordinance, 1979.
(2)
It extends to the whole of Pakistan and applies to all
citizens of Pakistan, wherever they may be.
(3)
It shall come into force at once.
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Definitions:
(1) In this Ordinance, unless there is anything
repugnant in the subject or context:-
(a)
“Bureau” means the Bureau of Emigration and overseas
Employment;
(b)
“Conveyance” means any vehicle, aircraft or ship used
for the transportation of emigrants;
(c)
Corporation” means the Overseas Employment Corporation
limited;
(d)
“Depart” and “departure” means the departure out of
Pakistan of any person for employment or self-employment by
any means;
(e)
“Dependent”, in relation to an emigrant, means the
spouse, sons not above the age of twenty-one years, and
unmarried sisters and daughters of the emigrant, and includes
aged or incapacitated parents, incapacitated sons above the
age of twenty one years and widowed and divorced sisters and
daughters of the emigrant wholly dependent upon and residing
with the emigrant and the sons not above the age of twenty one
years, and dependent unmarried daughters, of such widowed or
divorced sisters or daughters;
(f)
“Director-General” means the Director-General, Bureau
of Emigration and Overseas Employment, appointed under section
3, and includes any person for the time being discharging the
functions of Director-General;
(g)
“Emigrant” means any person who emigrates or has
emigrated or who has been registered as an emigrant under this
Ordinance and includes any dependent of an emigrant;
(h)
“Emigrate” and “emigration” means the departure by sea,
air or land out of Pakistan of any person for the purpose, or
with the intention, of working for hire or engaging in nay
trade profession or calling in any country beyond the limits
of Pakistan;
(i)
“Foreign service agreement” means an agreement between
an emigrant and his prospective employer abroad or his
authorized Overseas employment promoter in Pakistan containing
terms and conditions of his employment and duly registered
with the prescribed authority;
(j)
“Overseas Employment Promoter” means a person licensed
as such under section 12;
(k)
“Prescribed” means prescribed by rules.
(l)
“Protector of Emigrants” means a Protector of Emigrant
appointed under section 5;
(m)
“Rules” means rules made under this Ordinance
(3)
In case of any doubt or dispute arising otherwise than
in the course of any legal proceedings as to whether any
person is an emigrant within the meaning of this Ordinance,
the question shall be determined by the Federal Government,
and such determination shall be final.
Chapter-II
DIRECTOR-GENERAL
AND PROTECTOR OF EMIGRANT
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Director-General, Bureau of Emigration and Overseas
Employment: (1) the Federal Government may appoint a
person to be the Director-General, bureau of Immigration and
Overseas Employment, for the whole of Pakistan and such
other officers as may be necessary on-expedient to assist
the Director-General.
(2) The Director-General and every officer appointed under
sub-section(1) shall be a public servant within the meaning of
section 21 of the Pakistan Penal Code, (Act XLV of 1860).
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Function of
Director-General: Subject to the provisions of this
Ordinance and the overall supervision and control of the
Federal Government, the Director General shall take such
measures as may be necessary.
(a)
to promote emigration of citizens of Pakistan.
(b)
To control and regulate such emigration;
(c)
To look after the interest and welfare of emigrants;
And to discharge and perform such other duties and functions
as may be assigned to him by the Federal Government.
*[4-A.Function of Corporation: Subject to provisions of
this ordinance and the overall supervision and control of the
Federal Government the corporation shall take such measures as
may be necessary to promote emigration of citizens of
Pakistan.]
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Appointment of Protectors of Emigrants: (1) The Federal
Government may appoint a person to be a Protector of
Emigrants and define the area to which the authority of
Protector of Emigrants so appointed shall extend.
(2)
Every Protector of Emigrants shall be a public servant
within the meaning of the Pakistan Penal Code (Act XLV of
1860).
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General
Duties of Protector of Emigrants: Every Protector of
emigrants shall discharge such duties may be
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Appointment of Labour Attaches: The Federal Government
may, for the purpose of safeguarding the interests of
emigrants and promoting overseas employment, appoint a
person to be a Labour Attaches in a place outside Pakistan
and may define duties.
Chapter-III
EMIGRATION
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Regulation of Emigration: (1) Emigration from Pakistan
to all countries of the world for the time being recognized
by Pakistan shall be lawful if it is in conformity with the
provisions of this Ordinance and the rules.
(2)
Subject to the provisions of this Ordinance and the
rules and any other law for the time being in force, the
emigration of a citizen of Pakistan shall be lawful if he is
in possession of a letter of appointment of a work permit from
a foreign employer or an employment visa or an emigration visa
from foreign Government; or he has been selected for
emigration by the foreign employer through the Director
General or by an Overseas Employment Promoter or under an
agreement or treaty between the Government of Pakistan and a
foreign Government.
(3)
If the Federal Government, having regard to the
occupation, profession, provocation or qualifications of any
person or class or persons, is satisfied that emigration of
such person or class of persons, or class of person is not in
the public interest, it may, by rules, regulate emigration of
such person or class of person, and the departure of such
person or class or persons otherwise than in accordance with
such rules shall not be lawful.
(4)
The Federal Government may, by satisfaction 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 all or any specified
country.
Chapter-IV
GENERAL
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Prohibition of advertisement, etc.: No person other than
the Corporation shall recruit a citizen of Pakistan or issue
an advertisement or publish any material or hold any
interview or examination for such recruitment for the
purpose of emigration, except with the prior permission of
the Director-General or the Protector of Emigrant of the
area, in accordance with such conditions, if any, as may be
prescribed.
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Advisory
Committee: The Federal Government may, for the purpose
of advising the Government, constitute an Advisory
Committee, in such manner as it may think fit, and may
prescribe the procedure to be followed and the function to
be performed by such committee.
- Power
to search and detain vessels, etc.: The
Director-General, a protector of emigrants or any officer
authorized by the Federal Government may, for the purpose of
preventing the commission any offence under this Ordinance,
exercise all the powers conferred on the officers of customs
by the Customs Act, 1969 (IV of 1969), with regard to the
searching and detention of vessels or otherwise for the
prevention of smuggling on board thereof and, for this
purpose, he shall have the authority to enter any port or
point of entry or departure of inspect any conveyance
carrying or bringing or believed to be carrying or bringing
any emigrant.
Chapter-V
APPOINTMENT OF OVERSEAS
EMPLOYMENT PROMOTERS
- Grant
of Overseas Employment Promoters Licence: (1) whoever
desire to engage, or to assist or to recruit any person to
emigrate shall apply for a licence to the Federal Government
and shall with his application furnish such information and
documents, pay such security and fee, and at such time and
in such manner as may be prescribed.
(2)
On receiving any application under sub-section (1), the
Federal Government may, after such inquiry as it may deem
necessary, grant the licence applied for on such terms and
conditions, if any, and on payment of such fee and on
furnishing such security, as may be prescribed, or withhold
such licence, and the decision of the Federal Government shall
be final.
(3)
If at any time during the period for which a licence is
valid the Federal Government is satisfied, after making such
inquiry as it may deem necessary, that the licence has been
guilty of misconduct, or that his conduct and performance as
licensee has been otherwise unsatisfactory, or that he has
committed a breach of any of the provisions of this Ordinance
or the rules or the prescribed code of conduct, the Federal
Government may, by order in writing, cancel the licence or
suspend it for a specified period and day also pass orders in
regard to the forfeiture of the security furnishers under
sub-section (2) in whole or in part, and the decision of the
Federal Government shall be final.
(3-A) Before an order is passed under sub-section (3), the
licensee shall be afforded an opportunity of being heard.
(4)
On the expiry of the period for which the license is
granted, or on being informed by the licensee that he does not
propose to continue to act as an overseas employment promoter,
and on being satisfied that no ground exists for forfeiting
the security in whole or in part, the Federal Government may
order the return of the security or any part thereof to the
person by whom it was furnished or to his authorized
representative.
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Power to withdraw Licenses:
Notwithstanding anything contained in this Ordinance,
if, at any time, it appears to the Federal Government that,
in the public interest, it is necessary to discontinue the
practice of granting licences to overseas employment
promoters, it may, by notification in the official Gazette,
withdraw all such licences and entrust the functions
concerning emigration for employment aboard to the
corporation or any other institution established or
controlled by Government, in such manner as it may deem fit.
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Delegation of Power to Director-General to receive and
dispose of application: (1) The Federal Government may,
by notification in the official Gazette, delegate its powers
under section 12 to the Director-General or any other
officer;
Provided than an appeal shall lie to the Federal Government
from an order passed by the Director-General or any other
officer in exercise of the power delegated to him, and the
decision of the Federal Government taken after the appellant
has been afforded an opportunity of being-heard shall,
subject to sub-section (2), be final.
(2)
The Federal Government may review its decision under
sub-section (1) and the decision of the Federal Government in
review shall be final.
Provided
that, before a decision is taken in review, the licensee
when the decision relates shall be afforded an opportunity
of being heard.
(3)
The Director-General shall maintain, in such form as
may be prescribed, a register of the names of all persons to
whom licenses have been granted under sub-section (2) of
section 12.
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Appearance of engaged persons before, and registration of
names by, protector of emigrants: Before any person
emigrates, he shall appear in person, alongwith the overseas
employment promoter by whom he has been engaged or assisted
or recruited for employment abroad or his duly authorized
representative, before the protector of Emigrants and
furnish to him such information as may be prescribed.
Chapter-VI
RULES
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Power to make Rules: (1)
The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this
Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing power, such rules may provide for all or any
of the following matter, namely:-
(a)
the powers and duties of the several officers appointed
by the Federal Government under this Ordinance;
(b)
the licensing, supervision and control of overseas
employment promoters and the prohibition of unlicensed persons
from being engaged in causing or assisting or recruiting
persons to emigrate and in the conveyance and accommodation of
emigrants;
(c)
the establishment, supervision and regulation of any
places 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 the overseas employment promoters and the
corporation;
(e)
the information to be furnished by overseas employment
promoters to emigrants and the language in which such
information is to be furnished;
(f)
the production and examination of emigrants before the
Protector of emigrants or such other authorities as may be
appointed in this behalf;
(g)
the age below which person of either sex may not
emigrate except as dependents;
(h)
the reception and the despath to their homes of
returning emigrants;
(i)
the fees, if any, payable by overseas employment
promoters to the protectors of emigrants for each emigrant
departing from Pakistan.
(j)
Execution of a bond by an emigrant, or a person
proceeding abroad for education, studies or training, or any
other purpose, in which he undertakes to return to Pakistan
after a specific period;
(k)
Setting up of training centers and orientation and
briefing centers to guide and advise intending emigrants and
their dependents proceeding aboard.
(l)
The recall and repatriation in the public interest of
such emigrants as may be prescribed;
(m)
The time within which an appeal under the provision to
sub-section (1) of section 14 may be presented;
(n)
Creation of welfare fund and measures for the welfare
of emigrants and their dependents and establishment of
machinery at home and abroad for the implementation of such
rules;
(o)
The disposal of complaint against overseas employment
promoters;
(p)
The formation of an Overseas Employment Promoters
Association and code of conduct to be observed by overseas
employment promoters;
(q)
The service charges to be paid to overseas employment
promoters and the corporation by the emigrants;
(r)
The depositing of fees and securities by overseas
employment promoters
Chapter-VII
OFFENCES, PENALTIES AND PROCEDURE
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Unlawful emigration, etc. (1) Whenever, except in
conformity with the provisions of this Ordinance and the
rules, emigrates or departs or attempts to emigrate or
depart shall be punishable with imprisonment for a term
which may be extended to five years, or with fine, or with
both.
(2) Whoever, except in conformity with the provisions of this
ordinance or of the rules,
(a) makes, or attempts to make any agreement with any person
purporting to bind that person, or any other person, to
emigrate or depart; or
(b) causes or assist or attempts to cause or assist, any
person to emigrate or depart or to attempt to emirate or
depart or to leave any place for the purpose of emigrating or
departing; or
(c) causes any person engaged, assisted or recruited by him,
after grant of the license referred to in section 12, to
depart without appearing before the Protector of Emigrants as
required by section 15 shall be punishable;
(i) for a first offence, with imprisonment for a
term which may extend to five years, or with fine, or with
both; and
(ii) for a second or subsequent offence, with
imprisonment for a term which may extend to seven years, or
with fine, or with both.
(3) When, in the course of any proceeding in connection with
emigration in which an Overseas Employment Promoter is
concerned, a breach of the provisions of this Ordinance or of
the rules is committed, such person shall be liable to the
punishment provided by subsection
(2) unless he proved that he was not responsible for and could
not have prevented the commission of the breach.
(4) Whoever, in
contravention of the provisions of section 9, recruits a
citizen of Pakistan
or holds an interview or examination or issues an
advertisement for such recruitment, and the editor,
printer and publisher of a newspaper in which such
advertisement is published, shall be liable to punishment
provided by subsection (2).
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Fraudulently Inducing to
Emigrate: (a) Forges any document required for, or
relating to, the emigration of any person, or has in his
possession or under his control any instrument or article
which may be used for the purpose of such forgery, or (b) By
means of cause or induces, any person to emigrate, or enters
into any agreement to emigrate or leaves any place with a
view to emigrating, shall be punishable with imprisonment
for a term which may extend to fourteen years, or with fine,
or with both.
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False representation of
Government Authority: Falsely represents that any
emigrant is required by the Government or is to be engaged
on behalf of the Government shall be punishable with
imprisonment for a terms which may extend to five years, or
with fine or with both.
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Violation, of terms of
agreement with foreign employer by emigrant. Whoever
violates the terms of the agreement with his foreign
employer by abandoning his employment or otherwise shall,
after his repatriation to Pakistan be punishable with fine
which may extend to ten thousand rupees.
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Certain amount recoverable
as arrears of Land Revenue: The amount of any
expenditure incurred by; the Federal Government for the
repatriation to Pakistan of a person who is convicted of an
offence punishable under subsection (1) of section 17 or
section 20, and the amount payable by any person in
pursuance of an agreement or bond or undertaking executed in
pursuance of this Ordinance or the rules, shall be
recoverable from such person as an arrear of land revenue.
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Receiving money, etc. for
providing foreign employment. Whoever, 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. (a) being an overseas employment promoter,
charges any fee in addition to the prescribed amount, or (b)
not being such a promoter, demands or receives, or attempts
to receive, for himself or for any other valuable thing
shall be punishable with imprisonment for a term which may
extend to fourteen years, or with fine or with both.
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Penalty for other offences.
Whoever contravenes, or fails to comply with any of the
provisions of this Ordinance or the rules shall, if another
penalty is provided by this Ordinance for such contravention
or failure, be punishable with imprisonment for a term which
may extend to one year and with fine.
- Special
Courts (1) the Federal Government may, by notification
in the official Gazette, set up as many Special Courts as it
considers necessary and, where it sets up more and one
Special Court, shall specify in the notification the
head-quarters of each Special Court and the territorial
limits within which it shall exercise jurisdiction under
this Ordinance.
(2)
A Special Court shall consist of a person who is or has
been a Sessions Judge, or an Additional Sessions Judge.
(3)
Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898) an offence punishable
under this Ordinance shall be tried exclusively by a Special
Court.
(4)
The provisions of the Code of Criminal Procedure, 1898
(Act V of 1898), so far as they are not inconsistent with the
provisions of this Ordinance, shall apply to the proceedings
of a Special Court and such Court shall be deemed to be Court
of Session for the purposes of the necessary modifications,
shall apply to the trial of cases by a Special Court under
this Ordinance, and a person conducting prosecution before a
Special Court shall be deemed to be a Public Prosecutor.
(5)
For the purpose of subsection (4), the Code of Criminal
Procedure, 1898 (Act V of 1898), shall have effect as if an
offence punishable under this Ordinance were one of the
offences referred to in subsection (1) of section 337 of the
Code.
(6)
[“(6) A Special Court shall take cognizance of, and
have jurisdiction to try, an offence punishable under this
Ordinance only upon a complaint in writing which is
accompanied by the previous sanction of the Federal
Government:
Provided that, in a case in which the complaint is not
accompanied by such sanction, the Special Court shall,
immediately on its receipt, refer the matter to the Federal
Government; and, if the required sanction is neither received
nor refused within sixty days of the receipt of the reference
by the Federal Government, such sanction shall be deemed to
have been duly accorded.”]
[“24-A. Appeal. A person sentenced by a Special Court
may within forty-five days of the order, prefer an appeal in
the High Court.
(2) Where a Special Court has passed an order of acquittal,
(a) The Federal Government may direct any of its Law Officer
to present an appeal; and
(b) In the case of a prosecution for any offence punishable
under this Ordinance, the person in respect of whom the
offence is alleged to have been committed may, within a period
of forty-five days, appeal to the High Court against the
order.”]
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Indemnity. No suit, prosecution or other legal
proceeding shall lie against any person for anything which
is good faith done is pursuance of this Ordinance or any
rule.
Chapter-VIII
VALIDATION, SAVINGS, ETC.
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Validation. Any power of
function of the Federal Government, the Director-General or
a Protector of Emigrants under the emigration Act, 1922 (VII
of 1922), or the rules made thereunder exercised or
performed, before the commencement of this Ordinance, by any
officer subordinate to the Federal Government shall be
deemed to have been validly exercised or performed.
- Saving.
Nothing in this Ordinance shall be deemed to apply to
the departure of a person;
i.
Who is not a citizen of Pakistan;
ii.
Who is in the service of Pakistan, or in the service of
a local authority or a corporation owned or controlled by the
Federal Government or a Provincial Government and is
proceeding on duty or for employment with any international
organization or for training or on leave, with the permission
of the Federal Government;
iii.
Who is proceeding under a foreign scholarship or
training scheme approved by the Federal Government;
iv.
Who is engaged as crew on board a foreign-going vessel
v.
Who is engaged as crew on board a foreign-going
aircraft in accordance with the provisions of Civil Aviation
Ordinance, 1960 (XXXII of 1960), and the rules made thereunder;
vi.
Who is proceeding abroad for Haj or Ziarat and is
certified by the Federal Government or an officer authorized
by it in this behalf to be so proceeding;
vii.
Who is a dependent of a citizen of Pakistan who is
already settled or employed in foreign country; or
viii.
Who is already settled or employed in a foreign country
and is on a temporary visit to Pakistan.
- Repeal.
The Emigration Act, 1922 (VII of 1922), is hereby
repealed.
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