Emigration Act,1983
Act No : 31
Section : SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT
EMIGRATION ACT, 1983
31 OF 1983
STATEMENT OF OBJECTS AND REASONS The 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 to be an effective regulatory instrument. During the past five years or so, with the rapidly increasing flow of Indian workers to foreign countries for employment purposes, the subject emigration has become a matter of increasing concern both for Government and the public in general. The Government 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 August 21, 1979, the Supreme Court reiterated that emigration applications will be processed 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 legislation for the purpose. The present Bill is the culmination of these efforts. 2. The following are the salient features of the Bill:- (i) No Indian citizen (unless exempted) can leave India for taking up abroad work as defined in the Bill without obtaining a certificate 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 person has been cancelled, he shall not be eligible to make any application for another certificate until a period of two years from the date of such cancellation. (iv) The decisions of the specified authorities in regard to cancellation, suspension and rejection of permits, registration and other matters are appealable to the
Central Government. (v) Taking into account the concern expressed at various 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. -Gaz. of Ind., 26- 7-83, Pt. II, S. 2, Ext., p. 20 (No. 19). An Act to consolidate and amend the law relating to emigration of citizens of India. BE it enacted by Parliament in the Thirty-Fourth Year of the Republic of India as follows : -
SECTION 01: SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT
(1) This Act may be called the Emigration Act, 1983-
(2) It extends to the whole of India and applies also to citizens of India, outside India.
(3) It shall come into force on such date1as the Central Government may, by notification,
appoint and different dates may be appointed for 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
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