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Section 14 – The Emigration Act, 1983

The Emigration Act, 1983


14. Cancellation, suspension, etc,. of a certificate.-  


(1) The registering authority may cancel any certificate on any one or more of the following grounds and on no other ground, namely :- That having regard to the manner in which the holder of the certificates has carried on his business or any deterioration in his financial position, the facilities at this disposal for recruitment, the holder of the certificates is not a fit person to continue to hold to the certificate.


That the holder of the certificate has recruited emigrants of purpose prejudicial to the interests of India or for purposes contrary to public policy,

That the holder of the certificate has, subsequent to the issue of he certificate, been convicted in India for any offence involving moral turpitude.


That the holder of the certificates 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 (7 of 11922), or any other law relating to passport, foreign exchange, drugs, narcotics or smuggling and sentenced in respect thereof to imprisonment for not less than six months,


That the certificate has been issued or renewed on misrepresentation or super session of any material fact, that the holder of the certificate has violated any of the terms and conditions of the certificate, that in opinion of the Central Government it is necessary in the interest of friendly relations of India with any foreign country or in the interests of the general public to cancel the certificate.


Where the registering authority, for reasons to be recorded in writing, is satisfied that pending the consideration of the question of canceling 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 certificate for such period not exceeding thirty days as may be specified in the order and required the holder of the certificate to show cause, within fifteen days from the date 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.


A court convicting a holder of a certificate for an offence under this Act may also cancel the certificate :


Provided that if the conviction is set aside in appeal or otherwise, the cancellation under sub-section (3) shall become void.


An order of cancellation of a certificate may be made under sub-section (3) by an appellate court or by a court exercising its power of revision.


Before passing an order canceling or suspending a certificate the registering authority or the court, as the case may be, shall consider the question as to provisions and arrangements which should be made for safeguarding the interests of emigrants and other persons with whom the holder of the certificate had any transactions in the course of his business as recruiting agent and may make such orders (including orders permitting the holder of the certificate to continue to carry on his business with respect to all or any of such emigrants and other persons) as it may consider necessary in this behalf.


Where a certificate issued to any person has been cancelled under this section, such person shall not be eligible to make any application for another certificate under this Chapter until the expiry of a period of two years form the date of such cancellation.



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The Emigration Act, 1983


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