(to balas introduqed in 10k sabh),) 1 page 1, lin~ 14,-!2i,' "certifiacte" means a certifiacte' ~ '''certificate'' means a certificate' 2 page 3, line 19,-!!u: "asistant" ~ "assistant" 3 page 5', against line 4,-!qr the marginal citation ~ "45 of 186a" 4 paee 5, line 31;,-!ql: "ir" ~ "in" 5' page 13, line 30,-1:qt "sub- section (2)" ~ "sub-section (1)" " to page 19, line 17,-m ''p erm! t " ~ "a p o-rmi t " 7 r~ge 19, line 20,-!s;u: "valid" ~ "validity" e p~go 19, line 21,-after "require" insert "any" 9 pa ge 19, 1n--the  marg1nall'lead:1llg to-c-jijub~_:-_~_ m "1 of 1922" ~ "7 of 1922" 10 page 24, line 11,-tht "sub- clause" ~ "sub-clauses" 11 page 24, line 10 from bottom,-, 12 page 24, line' lrom bottom,-after "power to" insert "the" 13 page 25', line ?,-1:01: "th£: offences" ~ "offances" 14 pa ge 25, line 11,-nu: "mentiont;jd" te§j1 t'rnaintain ,}" 15 page 25', line 4, !'rom bottom,-!qr ~'pro itisot!3" llid "pro '"dsiolts ii 16 page 2?, line ?,-new delhi-, -  -  the emigration bill, 1983 arrangement of clauses chapl'er i prelimlnary clauses1 short title, extent, application and commencement 2 definitions chapter ii  emigration aumoritifs3 protectors of emigrants 4 general duties of protectors of emigrants 5 power to authorise persons to exerci'se functions of a protector 6 emigration check-posts 7 other emigration officers and staff 8 emigration officers to be public servants chapter iii  registration of recruiting agents9 registering authority 10 no person to function as recruiting agent without a valid certi-ficate 11 application for registration , 12 terms and conditions of registration 13 renewal of registration 14 cancellation, suspension, etc, of a certificate  chapter iv p'ermi'is for recruitment by employers15 competent authority 16 recruitment by employers to be through recruiting agent or under permit 17 procedure for obtaining permits 18 period of ,validity of permit 19 registration of certain permits 20 cancellation or suspension of a permit 21 power to f'xempt  chapter v emigratjon clearanceclauses 22 requirement, etc, as to emigration clearance  chapter vi appeals23 appeals  chapter vii offences and penalties •24 offences and penalties 25 0jfences by companies 26 offences to be cognizable 27 previous sanction of central government necessary 28 punishment to be without prejudice to any other action  chapter viii miscellaneous29 determination of question as to w~ether a person is an emigrant 30 power to prohibit emigration to any country in the interests of the general public, etc 31 power to prohibit emigration due to outbreak of epidemics, civil disturbances, etc, in a country 32 power to prohibit emigration of any class or category of persons 33 provision as to security 34 refund of security ;is power to search, seize and detain persons, conveyance, etc 36 returns and registers 37 authorities and officers to have certain powers of civil court 38 power to give 'directions i 39 effect of other laws 40 delegation 41 power to exempt 42 act not to apply to certain emigrants 43 power to make rules 44 notifications and rules to be laid before parliament 45 repeal of act '1 of 1922  " billto coriolicljte cmd amend the law relating to emigration of citizens c1/ india bz it enacted by parliament in the thirty-fourth year of the republic of india as follows:- chapter i prelmmrary1 (1) this act may be called the emigration act, 1983 (2) it extends to tl1'e whole of india and applies also to citizens of india outside india short title, extent, application and commencement (3) it shall com'! into force on such date as the central government may, by notification, appoint and different dates may be appointed for i () 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 2 (1) in this act, unless the context otherwise requires-defini_ tions (a) "certifiacte" means a certifiacte of registration issued under section 11; (b) "conveyance" includes n vessel, vehide, countr~'-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, whe~her such dependent aecompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that em i-5 grant bas lawfully emigrated; (ii) any person who has resided outside india at any time after attaining the age of eighteen years, for not less than three years or the spouse or child of such person; (e) "emigrant conveyance" means any conveyance specially 10 chartered for conveyance of emigrants or for conveying emigrants exceeding such number as m'8y be prescribed: provided that the central government may by notification, declare that any conveyance conveying emigrants to such place as may "be specified in the not;fication shall not be deem~d to be an emigrant 15 conveyance; (f) "emigrate" and r'emigration" mean the departure out of india of any person with a view to taking up any employment (whether or not under an agreement or other arrangements to take up such employment and whether with or without the assistance of a recruit- 20 ing agent or employer) in any cmlntry or place outside jndia; (q) "employer" means any person providiul!' or offering to provide employment in any country or place outside indfa: (h) "employment" means any service occupation or engallement (not being service occupation or enga~ement under the central government or a state government) in any kind of work within the 25 meaning of clause (0) for wages or for reward and all its '{rammatical variations ,and cognate expressions shall be construed accol'dfngly; (i) "notification" means a notiflcation published in the oftlcfal 30 gazette; (j) "prescribed" means prescribed by rules made under this act; (k) "protector of emigran~s" means a protector of emigrants appoin~ under section 3 and includes a person authorised lln1er 35 section 5; (l) "recruit;ng arent" mean~ a person engaged in india in the husines'c; of recruitment for an employer and representing such emplover with respect to any matter in relation to such recruitment including de::dings with persons so recruited or desiring to be so recruitedj    (m) "recruitment" includ~s the issuing of any advertisement for the ljurpose of recrilitment, the ilffering hy advertisement to secure ot" assi::;t in securing any employment in any country or place outside india an"d the entering into any correspondence, negotiation, 5 agreement or arrangement with any individual for or in relation to the employment of such individual in any country or place outside india; (n) "registering authority" means the officer appointed under section 9 to be the registering authority for the purposes of' this act; in (0) "work" means-(i) any unskilled work, including any form of industrial or agricultural labour; (ii) any domestic service; (iii) any service, not being a service in a managerial capacity, in any hotel, restaurant, tea-touse or other place of public resort; (iv) work as a driver of a truck or other vehicle, mechanic, teclmician or skilled labourer or artisan; (v) work as an office asistant or accountant or typist or stenographer or salesman, or nurse or operator of any machine; 20 (vi) work in connection with, or for the purposes of, any cinema, exhibition or entertainment; (vii) any such work of a professional or of any other nature as the central government may, having regard to the need for the protection of citizens of india who may be employed in such work outside india and other relevant circumstances, specify by notification: provided that the central government may, if satisfied that it is necessary so to do having regard to the conditions of service applicable with respect to employment in any of the aforementioned categories of work or any sub-category thereof, whether generally or in relation to any particular oountry or place and other relevant circumstances, declare by notification that such category of work or sub-category of work shall not be deemed to be work within the meaning of this defin ition (2) any reference in this act to any law which is not in force :n any area shall  in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area chapter ii 'emigration authorities protectors of emigl"ants 3 (1) the central govemment may, by notification, appoint a protector general of emigrants and as many protectors of emigrts as it deems fit, for the purposes of this act (2) the central government may, by general or special order, d(~fine 45 the area to "",iich the authority of a prot~ctor of emigrants so \appointed shall extend and, where two or more' protectors of emigrants are appointed for the same aren, nlso provide, by stich order, f(~r tht' ~idri­hution nnd allocation of the ;work to hl' performed tinder this act 10 rt'-llltion "to such area (3) the protectors of emigrants shall perform the functions nssill,ned 50 to them by or under this act under ~he general superintendence and control' of the protector general of enugrants (4) the protector gelleral of emigrants may in addition to the special functions assigned to him by or under this act, perform all or any of the functions assigned to any protector of emigrants 4 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 5 this ac~ (ci) protect and aid with his advice all intending emigrants and emigrants; general duties of protectors of emigrants (b) cause, so far as he can, all the provisions of this act and of the rules made thereunder to be complied with; 10 (c) inspect, to such extent and in such manner as may be prescrfbed- (i) any emigrant conveyance, or (ii) any other conveyance if he has reason to believe that any intending emigrants or emigrants are proceeding from, or return- j!) tng to, india to or from a place outside india by such other conveyance; (d) inquire into the treatment received by emigrants during their voyage or journey to, and during the period of their residence in the country to which they emigrated and also 'during the return !20 voyage or journey to india and report  thereon to the protector general of emigrants or s'ilch other authority as may be prescribed; (e) aid and advise, so far as he reasonably can, emigrants who have returned to india s the central government may, if satisfied that it is necessllry 80 25 to do in the interest of emigrants or intending emigrants, authod~e any person to perform all or any of the functions of a protector of emigrants under this act power to autho_ rlbe persons to exercise functions ofa protector emijration checkposts 6 (1) where the central government considers that, with a view to 30 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-post!il at such places as may be specified (2) the central government may, by general or special order made in this behalf, appointan officer of the central government or of a 35 state government to be an ofticer in charge of an emigration check-post set up under sub-sedion (1) (3) an officer in charge of an emigration check-post 'shall be subject to the general control and supervision of the protector of emigrant! within the local limits of whose jurisdiction thut emigration check-post 40 is si tuated 7 the central government may appoint such-other officer's and employees (hereinafter referred to/as the emigration officers and emigration employees), as it may think fit, to assist the protector general of emil1'8nts and the protectors of emigrants in the performance of their duties under this act 15 other emigration omcers" and !taft is of 1880 i the protector general of emigt'ants, pl:otectors ot emigrants, the officers in charge of emigration check-posts, emigration officers and emigration employees appointed under thi,s act shall be public servants within the meaning of section 21 of the indian penal code emlgra tion officers to be public servants  chapter iii 5reglsteriog authority registra'lton of recruiting agbnts : the central government may, by notificlfion, 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 10 authority for the purposes of this act 10 save as otherwise provided in this act, no iecruiting 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: no person to function as recruit  ing agent without a valid, certificate 15 provided that a person carrying on the business of recruiting agent immediately before the commencement of this ac~ may cojtinue to carry qn such business without such a certificate for a period of one month from such comme'lcement, and if he has made an application for such certificate under this act within the said period of one month and 20 such application is in the prescribed form and contains the prescribed particulars, till the disposal of such application by the registering authority 11 (1) an application for registration shall be made to the registering authority in such form and shall contain such particulars 8s to appli_ cation for regis tration 125 the applicant's financial sstndness, trustworthiness, premises at which he intends to carryon 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 pre-so vious expel'ience, 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 gjving his current financial standing and an undertaking in the form prescribed to the effect that in the event of any jnformation furnished in or a10ng with the 35 application for registration being found to be false or incorrect in any respect, the certificate shall be liable to be cancelled at any time fr accordance with the procedure prescribed: r provided that no application shall be entertained under this subsection from a person disqualified under sub-section (6) of section 14 40 till the expiry of the ,period of such disqualification (2) on receipt of such application, the registering authority shau,-(a) if the application is not in the pre!'lcribed form or does dot contain any of the prescribed particulars, return the application tc the applicant; 45 (b) if the application is in the prescribed form and contains the prescribed particulars, inform the applicant that he is eligible for the grant of the certificate applied for and, after giving the applica'1t an opportunity to be heard, determine, under sub-section (3), the amount of the security which the applicant shall furnish (3) the registering authority shall, for securing the due performance of the terms and conditions of the certificate proposed to be issued by it under sub-section (2) to an applicant and for securing compliance with the provisions of this act and the rules made thereunder and for meeting expenses which may have to be incurred in the event of the 5 repatriation to india of any of the emigrants who may be recruited by the applicant, determine, in accordance with the rules made in this behalf, the amount of security (not being in any case less than one lakh of rupees) which shall be furnished by the applicant (4) if an applicant furnishes in the prescrit-ed manner the amount 10 of security determined 'wlder sub-section (3) within a period of one month from the date on which the registering authority requires him to furnish such security, he shall be issued the ,certificate applied for by him together with an endorsement thereon to the effect that the security required has been furnished by him 15 (5) if an applicant fails to turnish the security required to be furnished by hlm within the period specified in sub-section (4) his application shall be deemed to have been rejected by the registering authority on the date of expiry of that period 12 a certificate issued under section 11 shall be-20 (4) in such form as may be prescribed; (b) valid for such period not exceeding five years as may be prescri bed: terms and conditions of l'egistralion 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 per~od; 30 (c) subject to such other terms and conditions, including in particular, the maintenance by the holder of the' certificate of the prescribed records containing details of his financial transactions in regard to recruitment, persons recruited or assisted to emigrate by him, employers concerned, contracts and other arrangements entered 35 into in connection with recruitment, as may be prescribed: provided that a certificate may contain, in addition to the prescribed terms and conditions, such other terms and conditions as the registering authority may, for securing the purposes of this act,  impose inariy particular case 40 renewal of registration  13 a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder (inciuding provisions as to fees) shall apply to the renewal of a certificate u they apply to the issue thereof: provided that no certificate shall be renewed unless the application 45 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 14 (1) the registering authority may cancel any certificate on any gfte or mure of the following grounds andon no other ground, namely:-cancellation, sus pension etc, ot' certifi· cate (n) 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  10 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; 7 of 1922 (d) that the holder of the certificate has, subsequent to the issue of the certificate, been convicted by a court in india for any offence under this act; the emigration act, 1922, or any other law relating to passports, foreign exchange, drugs, narcotics or smuggling and sentenced in respect thereof to imprisonment for not less than six months; 20 (e) that the certificate has been issued or renewed on misrepresentation or suppression of any material fact; (f)' that the holder of the certificate has violated any of the terms and conditions of the certificate; (g) that in the opinion of the central government it is neces-25 sary in the interests of friendly relations of india with any foreign country or in the interests of the general public to cancel the certificate (2) where the registering authority, for reasons to be recorded in writing, is satisfied that pending the consideration of the question of 30 cancelling any certificate on any of the grounds mentioned in sub-section (1) it is necessary so to do, the registering authority may, by order in writing, suspend the operation of the certiflcat~ for such period not exceeding thirty days as may be specified in the order and require the holder of the certificate to show cause, within fifteen days from the date 35 of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled (3) a court convicting a holder of a certificate for an offence under this act may also cancel the certificate: 40 provided that if the conviction is set aside in appeal or otherwise, the cancellation under sub-section (3) shall become void  - t (4) an order of cancellation of a certificate may be made under subsection (3) by an appellate court or by a court exercising its powers of \ ,jrevision   -(5) b~fore passing an order cancelling or suspending a certifl~ate the 45 registering authority or the court, as the case may be, shall consider the 'tjuestion as to the provisions and arrangement!? which should be ~a~~  for saieglyanting the iu'erests of enui1an's and 0tuaer "~i ~ w~ the holder of the certificate had ally transactions in ~ilc course of hili bwoiness as recruitiug agent and may make such orders (includin,orcit!1's p,rmittini t}:le holder of the certificate to continue to carry on his ~usi· ness ~~tb respect to all or any of such emigrants and other ~sons) as 5 it may consider necessary in this behalf (/1) where a certificate issued to any person has bl!en canceued under ws section, such person shall not be elimible to make any applicati for another certificate under this chapter until the expiry of a perlo(t 01 two years from the date of such canceliation -   chapter iv permits for recruitment by employijrscompetent authority, 15 (1) the cedtral oi)vemment may, by dmjlcau- appaillt the pl'otectgr general of emigrants or aiily other 08ca of ihat ao •• 'medt of a ~ higher titan that of a protector of emigt18dia to lie  miimiority 1& (heninafter refenred to as the campetf'nt autlaorioiy) lor ~ l'1f! '; under this chapter  (2) notwithstanding anythiag eoa-tainad in ab-aeetioll (t), the cen  tral government may, by rotitklatwn, authoriseaby , ••• wj10 is ~ployed und,er that govejlnmedt in ~y colql~ or p14ce ounide india 10 to exercise the powers of the r:om~tent autbority, 8a«l _, ;wmtta under this chapter to employers who are not citizens of india tor the purpose of recruiting any citizen of india lor empia,waerw in such country or place and a person so authorised shah· enimse a dulyelltlfled eopy of every permit issued dy him under tftis chapter te the pretector 115 general of emigrants la sa,ve ill otberwisp provided by or wl4er 'bis ~ no e  , ~u reauit any citilen of lddia for ernplq~nt in , co~i;y , ~ ouwpe india except- (a) through a recruiting agent cqmpete~t und~r thjs act" qlau 30 such recruitment, or <") in accordance with a valid permit issued in this behalf uftder this chapter recruit ment by employers to be throu,h recruit· in, agent or under pt'rmlt 17 (n an employer ~siring to obtaill a pej;mit under tbi cupter may make an application in that !lehal! in the prescribed form to tm sa competent authority  l'rocedure for obtaining permits  (2) on receipt of such application, the competent authority shall, iiublect to any ifules made in this behalf, make' such inquiry as be may deem ~c;ess4lry al'}~ grant the permit applied tor 01' rej~ct the ~uoat¥ilj: , ~ovtded that before granting a permit the competent authority ma, je~ulre the a~pllcant ~~ cumply with such conditions as may be' pres ~ crlbe~: fm~lud~ng cchlshhons as to furnishing of 18c'wit,y iuwl:  b  ther -~qn~htlqlls 3s that ~llthority may, for reascms to be hcortw m ~ deem ne~essilf8 in the inter~sts qf t~ citiz'ldl of lddia liul ~, ~ recrulted by the applicant   j   (at  te - our pro~ of this act, the cornpe1lent wtiid-rilt ,  eppnu\m under i\l~tion "(1) on any, ore er more of  foiimrilll  and on 11k> otl¥et mft!ld, ~y)-5 (8) that the application is not complete in all respects or that any of the material particulars furnished in the application are not we; (b) ~t uie terms and conditions of employment which the ~ant proposes 10 ofter to persons recruited or proposed to be recrui~d by him are discriminatory or exploitative; 10 (c) that the employment which the applicant proposes to offer involves work of, a nature whick is lltuawful according to the laws of india or offends against the public policy of india or is violative of norms of human dignity and decency; \4, tht having i'egird to the antecedents of the appucant, his ~ 'iihn4illl, thie fa'cilities at his di$posal, the working and 11,,-in, t!u'ft'd!tiot\s or pets'o 'elnpl'oyed by hi%xl in the past, it wduld hot be in the public interest or in the interests of the ~rsons who may - nmlitai byblm·, ~ lene 8 permit to him; (e) that having regard to the prevailing circumstances in the country or in the place where the applicant proposes to employ the pltwiii recrui\1ed 'i&y him) :it would not be in the interests of any t:iti- c)f itldie tte emigrete for takiog ljp such employment (4) where the competent authority makes an order under sub-section (zt ~~ an appltee\ion, ~ shall record in writing a brief statement ~5 of his reasons for making such order and furnish the appucant, on demand, a copy of the same: f\-ov~ that if the competent authority is or the opinion that it is ne~ary ol'e~iel\t in tile interests of friendly relations with a foreign eou1ltry or in the interests bf the general public so to do, he may refuse so to provitb! such ct)~y or, as the case may be, furilish a copy of only such parts bt tbe statement as he may deem fit period of valldity of permit jl a permit issued under section 17 shan 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 recruit-" l\lent such permit is issued is completed, whichever is earlier: prcwned that where the holder of the permit has been unable for sufficient cause, to complete such recruitment before the expiry of the prescri,bed period,· the prescribed authority may, subject to rules made in this behalf, extend the period of validity of the permit by such further 40 pettod or l'!ric7c!s not ~eeding three months at a time "'any pwmit obtained ftom a person authorised under 8ub-section (2t wi iluttun 16 shall not be valid unless a certified copy thereof is ftled in _ pnstrtbed mllftmr with the protector general of emigrants registration of certain permit~ cancellatiojl or 81iipenlion of a permit - l'he 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 construina the references in that section to registering authority as references to competent authority under this chapter), apply for the cancellation or suspension 5 of a permit  power to exempt 21 the central government may, if satisfied that it is nece&sary 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 10 permit under this chapter  chapter v elwgration clearancerequirement, etc, as to emilration clearance 22 (j) no citizen of india sh:all emigrate unless he obtains under this chapter from the protector of emigrallts authorisation in the prescrib- 15 ed manner and form (nch authoflsation being hereinafter referred to· as emigration clearance) for emigration (2) an application for emigration clearance shall be in the prescribed form, shall contain the prescrlbed 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) oi the agreement with respect to the employment for  the taking up of which the applicant proposes to emigrate and where such agreement does not provide for all or any of the prescribed matters, also a statement (verified and authenticated in the prescribed manner) setting out the particulars with respect to go buch matters; ,(b) a statement (verified and authenticated in the prescribed manner) as to the provision by way of security for meeting -the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to india of the applicant; 35 (c) a receipt evidencing the payment of the prescribed fee; (d) such other relevant documents or copies of relevant documents as may be prescribed  (4) the protector of emigrants shall, after satisfying himself about +b the a~curacy of the particulars mentioned in the application and in the other documents submitted along with the application, authorise in the prescribed manner and form, the emigration of the applicant or intimate by order in writing the applicant or, as the case may be, the recruiting agent or t!mployer through whom the applications have been made 45 about the deficiencies and require him to make good such deficiencies within such time as may be specified in the order or reject the appu-cation (5) subject to the other proviisions of this act, the protector of emigr~ts may reject an application for emigration clearance under thii section on anyone or more of the following growlds and on 110 other ground, n:amely:-5  (a) that the terms and conditions of employment which the appllcant propol;;es to take up are discclminatory or exploitative; (b) that the employment which the applicant proposes to take up involves work 01 a nature wluch is unjawful according to the laws of india or offends against the public policy of india or is 10 violat!ve of norms of human dignity and, decency; (c) that t!le applicant will have to work or live in sub-standard working or living conditions; (d) that having regard to the prevailiili circumstances in the country or place whel'e the applicant proposes to take up employment 15 or the antecedents of the employer under whom the applicant pro--poses to take up employment or any other relevant cu'cumstances, it would not be in the interests of the applicant to emigrate; (e) that no provision or arrangement has been made for meeting the expenses which may be incurred in case it becomes ne-~o cessary to arrange for the repatriation to india of the applicant, or that the provisions or arrangements made in this behalf are not adequate for the purpose (6) every order rejecting an application for emigration clearance shall set out clearly the ground or grounds on which the order has beed 25 made and the facts or circumstances on which such growld or grounds are ·based  chapter vi appeals23 (1) any person aggrieved by-appeals (0) 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 prescr~bed term or condition) specified in the certificate issued to him or suspending or cancelling or refusing to renew the certificate issued to him; or 35 (b) an order of the competent authority rejecting his application for a permit or requiring him to comply with any terms or cm:td1 tions (not being a prescribed term or condition) speci1led 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 45 (d) an order of the registering authority or the competent authority or the protector of emigrants or the prescribed authority requiring him to furnish any security, additional security or fresh security under thii act, or forfeiting or rejecting his claim for refund (whether wholly or partly in either case) of the security, the additional security or the fresh security furnished by him; may ~refer an appeal agaihst such order to the central government wi thin such period as may be prescribed (j) ne appeal shall be admitted if it is pn&mtd aftel'  , of the peri«i prescribed therefor; provided that an appeal may be admitted after thi! expity of the period prescribed tileretor if the appellant satisfies the cen'tral go'fthlmellt that t\e had au:jlicient cause for iiot prefemng tile ppeiil within :5 that pel"i'otl (-sl the period prescribed for an appeal shall be mmpated in acctl!'dance with the provisions of the limitation act, 1883, wftb ft8iiict 38011'- to the comp!l'tatioit of periods tiilereunder (4) every appeal under this section shall be made in such form as 10 may be prescribed and sbau be accompanied by a copy of tale order appealed against and by such fee as may be pruc&-ibed (5) the procedure for disposillg of an appeal (tnctudiftg r-and of the matter for further consideration to the autbority whole ot6!r 1iu been appealed against) shall be such as may be presa1be4: 1,5 provided that before disposing of an appeal, the appel!ant shall be giwd a 1'88onable opportwlity of representing his case (6) evtlryorder made on an ap~al under this sectioh c~, modifying or reversilli the order appealed against shall be 8nal  chapter viiad offences and pj:naltus  ~ 24 (1) whoever-offences and penalties (a)" except in cunformity with the provisions of this act emigrates; or (b) contravenes the provisions of section 10 or section 16; or :zs (c) by intentionally furnishing any false information or suppres8ing any material information obtains a certific:ate or a permft 01' an emigration clearance under this act; or (<<i) without lawful authority makes or gause to be iuiie any alteration in any certiflcate or permit or in any doicumaat '01' 30 - endorsemeht by way of emigration clearance issued or macle under thil act; or (e) disobeys or neglects to comply with any or_ 01 tile protectl)r of emigrants -under this act; or   (1) collects from an emigrant any charges in excesa ~f the limit 35 pnscribed under this act; or (9) cheats any emigrant; shall be punishable with imprisonment for a term which may exfald to two years and with fine which may extend to two thousand replllt plovimd  t in the alds&dce of any speeial and adequate :reasoils to __ "_y to 1te blentioned in tlae judgment of the court such imprisonment shall ,t be lei!) than 'six months and such fine sha1l not ide less 'than one theusand rupees , (2) whoever attempts to commit any offence under sub-section (1) shall be punishable with the puaishment p!'ovided for such offence under that sub-section (3) whot'ver contravenes any term or condition subject to which any emjsration clearance has been given under this act, sh~ll, if 1u)0thm 10 punlbbment is provided elsewhere in this act for such contravention be liunlshable with imprisonment for a term which may extend to one year or with ftlle which may extend to two thousand rupees or with both (4) whoever abets any offence punishable under this act shall, if the _ metted; is committed· in consequence of the abetment, be punis~ 15  w"  punishl'llel\~ provided for that offence (5) whoever, having been convicted o~ an offence under any pcovisiqll ot this act is again convicted of an offence under the same provision, shan be punishable, for the second anel for each subsequent offence, with double the penalty provided for that offece ig it ('1l where an offence under this act has been committed by a offences company, every person who, at the time the offence was committed, was by comin charge of, and was responsible to, the company for the conduct of the panics 8111ide of the- colllpan~, as well as the company, shall be deemed to be auuty af t8e·offedce and shall be liable to be proceeded against and 25 jllaishm: accwdiug4r: ~icl8d' that nl'1' ing contained in this sub-section shall render any such person liable to any punishment if he proves th,t the offence was committed without his knowle1ge or that he had exercised all due diligence to prevent the commission of such offence 30 (~\ notwithstanding anything contained in sub-section (2), where y oti'enee under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance ofl or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the c, ilpany, such director, man-35 ager, secretary or other officer shall be deemed to be guilty of that aience, and shall be liable to be prooeeded against and punished aocordingly e~4nci&io • -i'qr the purposes of this section,-(g~ "company" means any body corporate and includes a firm or other association of individuals; and (b) "diraetor"; in relation to a firm, means a partner in tbe tinn ii noiniul19tandigg arything contained in the code of crjminal procedure, 1973, all offences under this act shall be cognizable 2of1974 ft no pn88cutioil shah be instituted against any person in respect  5 of ,'offa\ce under this act without the previous sanction of the central  aent or such officer or authority as may be authorised by that 8o~ent by order in writing in this behalf oft'ences to be coldizable previous sanction of central government necessary 28 the award of punishment for an offence under this act shau be without prejudice to any other action which has been or which may be taken under this act with respect to such contravention - chapter viii punishment to be without prejudice to any other action miscellaneous 5 28 where a question arises before a protector of emigrants 88 to whether a person intending to depart from india is or is not an emigrant, the protector of emigrants shrll decide the question after holding an inquiry in such manner and upon considering such evidence a~ may be prescribed and such other evidence as may be relevant, and communi- 10 cate the decision to such person in the prescribed manner determination of question as to whether a person ilan emigrant 30 (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 15 the general public, it 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: 20 power to prohibit emilration to any coun· try in the interests of the general public, etc provided that if the central government has reason to beueve 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 speci~ed in the notification 25 31 (1) where the central government has reason to believe-(4) 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 environ- 30 ment in such country, or | power         | to    ||---------------|-------|| prohibit      |       || emf,ration    |       || due to out-   |       || break         |       || of            |       || epidemics,    |       || civil distur- |       || bances,       |       || etc           | •    || country      |       |(it) 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 35 discrimination, maltreatment and exploitation, it may, by notification, prohibit emigration to that country (2) a notification issued under sub-section (i) shall have effect for such period not exceeding six months as may be specifled in the notiflcation: provided that if the central government has reason to believe that any ground mentioned in sub-sec~on (i) 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, be may be spt:cified in the notification 32 (1) where the central government considers that in the interests of ~he 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 6 s\lch country of such class or category of persons as may be specified in the notification power to prohibit emigration of any class or category of persons (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: '10 provided that if the central government has reason to believe that any of the grounds mentioned in sub-section (i) continues to exist it may, from time to time, by notification, prohibit emigration of 'such ciass  or category of persons to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification provision as 10 security 15 33 (1) 'any security or other finarcial 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 pl'escribed a'uthority may, after giving notice in the pres-qo cribed 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 sec\lrity may be forfeited for being utilised for such purpose and in such manner as may be specified in the order 25 (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 3uthoritv'may, after giving him an oppprtunity to ,represent hi~ case by order in writing, require such person 30 to furnish such additional securitv or as the case may be, such fresh security as may bc specified in the order :l4 any security furnished under this act shall be refunded or, as refund of the case may be released when no longer required for the purpose for 5clcurity which it has been furnished and the other circumstances in which and 35 the manner in which any security furnished under this act may be released or refunded shall be such as may be prescribed power to search, seize and detain 35 all the powers for the time being conferred by the customs 52 of 1062 act, 1962, on officers of clistoms with regard to the searching and detention of persons, vessels or aircraft or any other conveyance, or seizure 40 of any document or thing or arrest of anyp-erson or otherwise for the persods, conveyance, etc purp~se of prevention or -detection of any offence under that act or for apprehendinq a person suspected to have committed any offence under that act mav be exercised for' the purpose of prevention or detection of any offen~e under tlii's act or for apprehending a person suspected 4-5 to have committed any offence under this act, by-(a) any such officer of customs, or (b) the protector general of ~migrants or a protector of emig-rllnts, or '(c) an officer in charge of an emigration check-post, lletuma and rqislers 36 (1) every recruiting agent shall maintain sqch registers and other records and shall submit to the prescribed authorities such periodicalor 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 5 for any other ret'urn 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 10 purpose of such inspection, enter, at any reasonable time, the business premises of a recruiting agent authoritie~ and offiocrs to have certain powers of aivil courl 37 (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 uplder this act, have the same 15 powers as are vested in a court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely: -5 of 1'08 (a) summoning and enforcing the attendance of witnesses; (b) requiring the- discovery and production of any document; (e) requisitioning any public record or copy thereof from any 20 court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents (2) every proceeding before the protector general of emigrants 25 or the rpgistering authority or the competent authority or a protector of emigrants ~hal1 be a judicial proceeding within the meaning of sections cs of 18611 193 and 228 of the indian penal code and the protector general of emi-j!l'ants the registering au~hority, the competent authority and every protector of emigrants shall be deemed to be a civil court for the pur- 30 poses of section 195 and chapter xxvi of the code of criminal procedure, 1973 :-: 2 of 1974 power to live directions 38 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 exl'cution of any 35 provision of this act effect of other laws 39 (1) the provisions of this act or any rule made thereunder shall have effect not,withstanding anything inconsistent therewith contained in any enactment other than this act or in any agreement or other im;trument having effect by virtue of any enactment other than this act (2) save as provided in sub  section (1), the provisions of this act £hall be in addition to, and nof in derogation of, any other law for the time being in force,  48 the central gov~rnment may, by notificaticm, dil"'!rt that any deleglltiolj, power or function-(a) which may be exercised or perfoi'med by it under this act, or (b) which may be exercised or performed by a registering auth~ 5 rity, a competent authority or a protector of erriigrarits under this act, may, in relatioh to such matters, and subject to such conditions, if any, is it may specify in the notification, be ,also exercised or performed-(i) by such omcer or authority subordinate to the central gov-j() ernment, 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 mission of india by such foreign consular office 15 as may be specified in the notification 41 (1) where the centra] government, on a reference made to it or power 10 otherwise, is satisfied that having regard toexempt (a) the friendly relations with any foreign country; or (b) the known rep"utation of any foreign employer or class of 110 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 con-2~ cern for the execution of its projects abroad; or ' (d) the facilities and conditions of service provided by government officen; posted abroad to thelr domestic servants accompanying such government officers, where the expenditure in respect of the passage of such domestic servants is borne by the government; and (e) all other relevant con~iqerations, go it is necessary or expedient in the public interest so to do the central government may, by n:>tification, and subject to such conditions jf any as ma;y be specified in the notification exempt from the operation of all or any of the provisions of this act, such foreign dignitary or class of 35 foreign e-mployers, public undertaking approved concern· or gov~­ment omcen explanation-for the purposes of this sub-section-(a) "pubijc undertaking" means-(i) an undertaking owned and controlled by government; or (ii) a government company as defined in section 617 of the companies act, 1956; or i of 1'56 (iii) a body corporate established by or under any central, provincial or state act; 1 of 1956 9 of 1932 21 of 1860 5 (b) "appfoved concern" means such company incorporated 'under ihe companies· act, 1956 or partnership firm registered under the indian partnership act, 1932, or society registered under the societies registration act, 1860 or any other law relating to societies for the time being in force iri ariy state, or co-operative society l'egistered under any central, provincial or state iaw, as the central government may, by no1ification, approve for the purposes of this section (2) if the central gov6rnment is satisfied that it is necessary lor implementing any treaty, agreement 'or convention between india atid ii foreign country or foreignc:>untries so to do, it may, by notification, 10 undo "subject to such conditions if any, as may be specified in the notift- cation, exempt from the operation' of all or any of the provisions of this act recruitment by such authorities, agencies or persons as may be specified in the notification either gen'erally or for such purposes as mas be specified in the notification 15 42 nothing contained in this act shall be deemed to  apply to---act not to apply to certain emigrants (a) the recruitment or emigration of any person who is not a citizen of india; (b) the control of recruiting in india for the service of foreign states to which the foreign recruiting act, 1874 applies 20 4 of 1874, power to make rule~ 43 (/) 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 m2tters, namely:-~5 (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 for~ of~ (i) a certificate to commence or carryon the business of re- 30  , cruitment, 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; (iii) an application for emigration clearance; 35 (iv) an appeal to be preferred to the central govern~ent; !  (c) the manner and form in which an authorisation by way of emigration clearance may be given; (d) p~rticulars to be contained in an applicauon for a certificate lor a permit or for an emigration clearance' 40 , (e) the manner in which different inquiries required to be him under this act may be held; 5 (f) the manner in which the amount of security for securing the due performance of the terms and conditions of the certificate or permit or for compliance with the prdvisions of thi:; act shall be furnished: (g) the manner of verifying or authenticating documents atld copies of documents for the purposes of this act: (h) the procedure to be followed in hearing an appeal preferred to the central governmentj 10 (i) the fees to be paid in respect of applications and other matters under this act; (j) the charges which a recruiting a~ent may recover from an emigrant in respect' of services rendered and the iicales and limits of such charges;' (k) the terms and conditions subject to which a cert:ficate or permit or an ·emigration clearance may be issued under this act; (l) the period' of the validity of a certificate or a permit issued under thi's act; 0 (m) the authority compe~ent to extend the period of valid of ll permit or to forfeit security or to require additjonal security or fresh security under this act; (71) the accommodation, the provisions, the medical stores and staff, the life saving and sanitary arrangements and other provisions , and arrangement for the well-being, security and protection of emigrants which shall be provided and the records which shall be maintained in any emigrant conveyance; (0) any other matter which is required to be, or may be, prescribed notifications and rules to be laid before parliament 30 44 every notification issued under 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 t\le expiry 95 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 to case may be; so, howevci', that any such modifi~ation or annulment shall be without prejudice to the validiiy of anything previously done under that notification or rule  - :1 the emigration act, 1922" is hereby repealed repeal of act t otl922  statement of objects and reasonsthe emigration act, 1922 which governs the regulation of emigration of skilled and unskilled workers from india was tailored to meet the requirements of a different era and has gradually ceased ~o be an effective regulatory instrument during"the past five years or so, with the'rapid1y increasing flow of indian workers to foreign countries for emp10yment purposes, the subjec: emigration has become a matter qf, increasing concern both for government' and the public in general the goverrtment had initiated a system of registration of recruiting agents and laid down certain minimum terms and conditions of service on which emigration of different categories of workers was to be allowed the supreme court in its order dated 20th march 1979 in the case of kanga and others 'versus the union of india laid down four basic conditions according to which emigration of indian workers was to be regulated until the passage of a new legislation on the subject this order was issued on the basis of information provided to the supreme court that government was in the process of introducing a new legislation on the  subject which was expected to be finalised by july, 1979 this, however, could not be accomplished and on aug·ust 21, 1979, the supreme court reiterated that emigration applications will be, proce~sed in accordance with the conditions laid down earlier and that no new conditions should be imposed by the government except by new legislation or rules following the supreme court order of august, 1979, which, in effect, took away from the government the power to scrutinise terms and conditions of indian workers emigrating abroad for employment, action had been taken to bring legi~lationfor the purpose the present bill is the culmination of these efforts 2 the following are the salient features of the bil1:-(i) no indian citizen (unless exempted) can leave india for taking up abroad work as defined in the bill without obtaining a certitlcate of emigration clearance from the protector of emigrants (ii) an emigrant worker can be recruited for a job in a foreign country either by a recruiting agent registered under the act or by an employer, subject to his being permitted to do so under the act (iii) no prior scrutiny of applications for registration of agents is required registration of recruiting agent has been made subject to an affidavit, an undertaking and an amount of security which shall not be less than rupees one lakh when a certificate issued to a pers?n has been cancelled, ,he shall not be eligible to make any applica- bon for another certificate until a period of two )"ears from the' date of ·such cancellation , (iv) the decisions of the specified authorities ,in regard to cancellation, suspension and rejection qf permits, registration and other matters are appealable to the central government (v) taking into account the concern expressed at varioul forums on the matter of exploitation of emigrants by recruiting agents and employers, provision has been made for offences of this nature and punishment by way of imprisonment up to a period of two years and fine up to two thousand rupees have been provided in the bill  (vi) provision has been made for the repeal of the emigration act, 1922 3 the bill seeks to achieve the above objects veerendra patil new delhi; the 18th july, 1983 clause 2 gives the definition of words and phrases used in the bill sub-clause (1) (d) defines an emigrant as a citizen of india who intend's to emigra~e or emigrates or has emigrated but excludes a dependent of such emigrant and persons who have resided outside india for n01 less than 3 years aher attaining the age of 18 years definition of 'work' covers particularly un'skilled, semi-skilled and skilled occupations clause 3 specifies the emigration authorities under the act provision is made for the central government to appoint at the apex level a protector general of emigrants and at the field level as many protectors of emigrants as it deems fit clouse 4 gives the general duties of the protector of emigrants which includes protecting, aiding and advising emigrants and intending emigrants and administration of the provi'sions of the act clause 5 gives power to the central government to authorise any person to perform all or arty of the functions of a protector of emigrants clause 6 empowers the central government to set up emigration check-posts for preventing or checking the contravention of the' provisiam; of the act and to appoint a central government or stafe government officer to be in charge of a check-post subject to the control of the protector of emigrants within whose jurisdiction the check-post is situated clause 7 gives power to the central government to appoint other emigration officers and staff to assist the protector general of emigrants clause 8 declares all emigration officers to be public servants under section 21 of the indian penal code clau,,'1e 9 provides for the appointment of a registering authority, who may be the protector general of emigrants or any other officer of the central government of a rank higher than that of a protector of emigrants -clause 10 makes it obligatory for the recruiting agent to commence or carryon the business of recruitment only on the ba'sis of a valid certificate of registration in the case of a recruiting agent who is carrying on such business at the commencement of the act, 'b period of one month has been provided fer hlm -to make' an application for a certificate and if he does so, he is allowed to carryon such busines's till the disposal of such application by the registering authority ~' ~~  -bause 1 i specifies the procedure for making an application for th6 issue of a certificate of registration the procedure aims at achieving an automatic system of registration based on furnishing by the applicant of all re~evant information, fees and an affidavit as to the financial standing of the applicant the only restriction is that on being found eligible, the applicant has to deposit an amount of security of not less than 1 lakh 6f rupees within a period of one month from the date the registering authority requires him to do so cla'use 12 provides that the form of a certificate of registration, the period of iti validity and the terms and conditions subject to which it 'shall be issue,d will be provided for by the rules clause 13 gives the procedure and conditions for the renewal of registration, clause 14 outlines the circums1!ances in which a registration certificate may be cancelled or suspended it provides that where a certificate issued to any person has been cancelled under any of the grounds mentioned therein, such person 'shall not be eligible to make any application for another certificate until the expiry of a period of two years from the date of such cancellation clause 15 (1) empowers the central government to appoint a !:ompetent authority who may be the protector general of emigrants or an officer higher in rank than the protector of emigrants for issuing permits to employers wishing to recruit persons for employment outside india directly, without the intervention of a recruiting agent subclause (2) provides that the central government may appoint any person employed under that government in any country or place outside india to exercise the powers of the competent authority and issue permits to employers who are not citizens of india for the purpose of recruiting any citizen of india for employment in such country or place clause 16 provides that an indian citizen can be recruited for a job abroad either through a recruiting agcnt or through an employer holding a permi,t issued by the competent authority clause 17 gives the procedure for obtaining permits sub-clause (3) thereof provides the grounds for rejecting an application for a permit these include incomplete information in the application for permit, discriminatory or exploitative terms and conditions of employment offered to recruits work for which recruitment is being made being unlawful according to ,the' laws in india, or offends public policy, or violative of norms of human dignity and decency, etc the competent authority shall, however, record in writing, his rca'sons for rejecting an application which shall normally be furnished to the applicant clause 18 provides tha't the permit will·be valid for a period, not exceeding one year, as may be prescribed by rules from the date of issue or till the recruitment is completed, whichever is earlier, subject to extension for a period not exceeding three months at a time for sufficient cause clause 19 prescribes that any permit obtained from a person authorised to exercise the powers of the competent authority outside india shall not be valid unless a certified copy thereof is filed with the protector general of emigrants clause 20 makes the provisions relating to cancellation and suspension of certificates under section 14 applicable to cancellation and suspension of permits with necessary modifications clause 21 empowers the central government to exempt any class or classes of employers from the requirement of obtaining a permit if it· is necessary or expedient so to do in the public interest clause 22-sub-clause (1) to (4) of this clause prohibit emigration by any citizen of india without obtaining an emigration clearance from the protector of emigrants and lays down the procedure for making an application therefor and its grant by the protector of emigrants sub-clause (5) lays down the grounds on which the protector of emigrants may reject an application for emigration clearance clause ·23 provides for appeals to the central government against the orders passed by various authorities under the act clause 24 lists out the offences under the act, which includes cheating of an emigrant, and provides for punishment for ali such offences with imprisonment for a term which may extend to two years and fine which may extend to two thousand rupees clause 25 provides for the commission of offences 1,ulder the act by companies clause 26 makes all the offences under the act cegnizable clause 27 provides that no prosecution shall be instituted against any person in respect of any offence under the act without the previous sanction of the central government clause 28 provides that the award of punishment for an offence under the act shall be without prejudice to any other action which has been or which may be taken under the act for such contravention clause 29 gives power to the protector of emigrants to determine as to whether a person is an emigrant or not in cases where such a question arises cause 30 gives power to the central government to prohibit emigration to any country in the interests of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country or in the int(!rests of the general public clause 31 gives power to central government to prohibit emigration to a country in cases of outbreak of epidemics, civil disturbances, etc, in that country for a period not exceeding six months at a time crause 32 gives power to the central government to prohibit emigration of any class or category of persons in the interests of the general public clauses 33 and 34 make provision as to determination of the amc1tnt of security or financial provision required to be made under the act and for the refund of such security clause 3!l provides that the power<; conferred on officers of customs with regard to the powers of search, seizure, detention of persons, conveyances, etc by the customs act may be exercised by officers of customs, and emigr~tionofficers in regard to the offences under the act clause 36 provides for the mainten:ance of certain registers by the recruiting agent and the furnishing of certain returns the emigration at'olthorities will also have the power to call for any return and to inspect any register or record mentioned by the recruiting sgent clouse 37 provides that emigration authorities shall kave certain powers of civil court clause 38 gives power to the central government to gi'·e directions to emigration authorities clause 39 provides that the provisions of the act shall be in addition to, and not in derogation of, any other law in force clause 40 outlines the principles of delegation clause 41 gives power to the central government to exempt, by notification, any foreign dignitary, class of foreign employers etc, from the operation of all or any of the provisions of the act if it is necessary or expedient in the public interest to do so clause ·1,2 specifies that the act shall not apryly to emigrants who are not citizens of india and those who were recruited under the foreign recruiting act, 1874 clause 43 empowers the central government to make rules to carry out the provisons of the act clause 44 specifies that 'notifications and rules issued or made under the act shall be laid before parliament clause' 45 repeals the emigration act, 192~~ clause 3 provides for appointm~nt by the central governmen~ of a protector general of emigrants and as many protectors of emigrants as it deems fit for the purposes of the act clause 6 provides for the establishment of emigration check-posts at such places as may be specified by tho! cenlral government clause 7 provides for the arpointment by the central government of such other emigration officers and employees as it may think fit to assist the protectors of emigrants nnd the protector general of emigrants in the performance of their duties under the ac~ the aforementioned provisions of the bill involve expenditure of a recurring and non-recurring nature the exact quen:um of such expendihtre cannot be stated acc\lrately at this stage however, for maintaining the existing set-up which ~il1, immediately ~m e'lactment of the bill, take over the administrative burden, an annual recurring expenditure of about 6 lakhs is projected 2 the bill does not involve any other expenditure ', " clause 43 of the bill seeks to empower the central government to make rules for carrying out the provisions of the act the matters in respect of which rules may be made, inter alia, relate to the powers and duties of officers appointed for the purposes of the act and the terms and condition's of their service; the form of the certificate or permit and applications for the issue, tetc, of such certificates, permit or emigration clearance to be issued under the act; the manner and fonn of authorisation for emigration clearance; the particulars to be contained in 'an application for a ce~tificate or permit or emigration clearance; the manner in which enquiri~g under the act may be held: the manner of verifying or authenticating documents; the form and procedure to be followed in hearing an appeal preferred to the central government; fees to be p3id in respect of applic4tions and other matters under the act; the charges which recruiting agents may recover from an emigrant; the terms and conditions subject to which a certificate, permit or emigration clearance may be issued; the period of validity of a certificate or permit and any other matter which is required to be prescribed by rules 'under the act, 2 clause 21 of the bill seeks to empower the central government to exempt by notification in the official gazette' any class or classes of employers from obtaining a permit under the act 3 clauses 30 and 31 of the bill seek to empower the central government to prohibit by notification in the official gazette emigration to any country specified in the notification while the power to prohibit under clause 30 can be exercised having regard to the sovereignty and integrity of india, security of india, friendly relations of india with any foreign country and the interests of the general public, the power under clause 31 can be exercised on grounds such as outbreak of epidemics or civil disturbances or on the ground of absence of diplomatic relations between such country and india clause 32 seeks to empower the central government to prohibit, by notification, emigration of any class or category of persons having regard to their age; sex or other relevant factors to eny country specified in the notification it has been provided that a notification prohibiting emigration under any of these clauses shall have efff'ct for such period, not exceeding six months, as may be specified in the notification in other words, the prohibition would be only for a temporary period -4 clause 40 seeks to empower the central government to delegate nnv of the powers and functions that may be performed by it under the" act to the registering authority, a competent wthority or such other offirer or suthority 'subordinate to the central government or to any state government or, in a foreign country where there is no diplomatie mission of india, to a foreign consular office 5 power is also given to the central governme~t under clause 41 to exempt public undertakings, foreign dignitaries, foreign employ-s, etc, from the operation of all or any of the provisions of the act 6 the various mattera in respect of which powers are proposed to be delegated to the central government under the aforementioned provisions of the bill pertain t8 matters of administrative detail or procedure or to matters fot which it is not practicable to make any provision in the bill the delegation of legislati'(e power is, therefore, of a normal character  a bill to consolidate and amend the law relating to emigration of citizens of india (shri veerendra patit, minister of labour dnd nehahilitation) 