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Rule 2 – The Emigration Act, 1983

The Emigration Act, 1983

 

2. Definitions.-  

 

In these rules unless the context otherwise requires,- “Act” means the Emigration Act, 1983 (31 of 1983), “Certificate” means a certificate issued under Section 11 of the Act, “Competent Authority” means competent authority notified by Central Government under Section 15 of the Act, “demand” means the category wise, skill wise number of workers required by the employer for being employed in his establishment. This includes description of job-specifications and salary offered, “emigration number” means the number assigned by the Protector of Emigrants to an emigrant at the time of granting emigration clearance.

 

“Form” means a Form annexed to these rules, “permit” means a permit issued under Chapter IV of the Act, remittable component” means a part of the wages which the emigrant is entitled to remit to India “unauthorized emigrant” means any person who has emigrated or intends to emigrate out of India for employment in violation of the provisions of the Act and the rules.

 

Dependent of an emigrant.- (1) A person who claims to be the dependent of an emigrant shall be required to produce in support of his claim a certificate to this effect from the District Magistrate or a revenue authority not below the rank of Tehsildar of the place where the emigrant ordinarily resides or domiciles.

 

Determination of the purpose of visit to dependent shall be carried out with reference to the nature of the visa, sponsorship certificate and such other travel documents as may be considered necessary.

 

Emigrants conveyance.- Any conveyance, especially chartered, for conveyance of emigrant or employed generally for conveying emigrants exceeding two in number shall be deemed to be emigrant conveyance.

 

Recruiting agent representing the employer.- The representation of an employer by a recruiting agent shall be determined with reference to the power of attorney given by the employer to the recruiting agent. The representation shall be limited for purpose mentioned in the power of attorney. Such power of attorney unless limited in time by an express provision shall be valid (for the period of validity of the certificate of registration of the recruiting agent unless the same is withdrawn earlier).

 

Inspection of an emigrant’s conveyance.- (1) If the Protector of Emigrants has reason to believe that a conveyance is an conveyance he may inspect such conveyance with a view to detecting the presence of unauthorized emigrants in the conveyance or for obtaining such evidence as may be necessary for protecting the interests of emigrants and he may, with such assistance, as he may think fit,- Enter such conveyance at any time,

 

(ii) Require the production of registration certificate of the conveyance, log book and list of passengers, and take such other evidence and examine any person as he may deem necessary.

 

Person having the general management or control of the conveyance shall provide such means as may be required by the Protector of Emigrants for inspection under sub-rule (1).

 

Registration of recruiting agent.- An application for registration of a recruiting agent shall be made in Form I and shall be accompanied by- A bank draft of (five hundred rupees) payable in favour of the Protector General of Emigrants towards the application fee, and an affidavit in Form II annexed sworn before a Metropolitan Magistrate or a Judicial Magistrate or Judicial Magistrate giving the applicant’s current financial standing.

 

Registration of recruiting agent.- An application for registration of a recruiting agent shall be made in Form I and shall be accompanied by- Bank draft of (five hundred rupees) payable in favour of the Protector General of Emigrants towards the application fee, and

 

(ii) An affidavit in form II and annexed sworn before a Metropolitan Magistrate or a Judicial Magistrate or Judicial Magistrate giving the applicant’s current financial standing.

 

 

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The Emigration Act, 1983

 

Indian Laws – Bare Acts

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