Professional Documents
Culture Documents
INDIA AS FOLLOWS:
CHAPTER I
PRELIMINARY
(2) It extends to the whole of India and applies also to citizens Short title, extent,
(3) It shall come into force on such date as the Central commencement
that provision.
Definitions
1
(c) “chairperson” means the chairperson of the Emigration
of this Act;
2
Academic interest for the purposes of Act would mean
emigrated,
3
emigrants to such place as may be specified in the
conveyance;
India;
a nature;
4
(k) “human smuggling” means assisting, facilitating, or
material benefit;
gazette;
17 of the Act;
5
advertising or otherwise to secure or assist in securing
outside India;
Code, 1860;
time duration;
6
that it is necessary so to do having regard to the
that area.
CHAPTER II
Defined Authorities
7
this Act.
Chairperson ;
Member;
Member;
8
matters and may, in consultation with the Central Government,
(4) The Emigration Management Authority shall meet at such Meeting of the
time and place, and shall observe such rules of procedure with Emigration Management
specified by regulations.
(5) The Authority may constitute such committees as may be Committees of the
necessary for the efficient discharge of its duties and Emigration Management
(6) The Authority shall have the power to co-opt, such number of
Bureau of Emigration
4(1) The Central Government may, by notification, establish a
Policy and Planning
Bureau of Emigration Policy and Planning (BEPP) to formulate
(BEPP)
effective policies through periodic assessment, undertake
9
this Act.
Bureau of Emigration
5(1) The Central Government may, by notification, establish a
Administration (BEA)
Bureau of Emigration Administration (BEA) for implementation of
(2) The BEA shall have as many offices in different parts of the
10
(4) The other offices shall consist of Emigration Officers, and
appointed for the same area, also provide, by such order, for the
Act
11
such number of emigration check-posts at such places as may
be specified.
made in this behalf, appoint an officer of the Central Emigration Check Posts
situated.
12
officers and emigration employees appointed under this Act shall
a Nodal Authority in the States and Union Territories as may be Nodal Authorities in
required to facilitate the implementation of this Act and work in states and union
Skill, and as many other officers as may deem fit for the
13
to them under this Act shall: EMA
India;
14
safe, orderly and regular migration from India;
(iv) Map labour clusters with the country and analyse skill gap
concerns;
migrants;
countries;
15
countries ;
returnees.
towards emigration;
16
recruitment agencies, sub-agents and enrolment agencies;
recruitment agencies;
17
Missions in each country and details of posts (consulates)
abroad;
overseas Indians;
emigrants;
18
special duties assigned to it under this Act shall:
trafficking;
Territories;
regular migration;
CHAPTER III
19
14. A registration, electronically or otherwise, as in the manner
20
Chapter IV
Recruitment Agencies
21
business, facilities at his disposal for recruitment or placement
22
contain any of the specified particulars, return the application to
the applicant;
(iii) On being satisfied that the application does not fulfill the
applicant.
compliance with the provisions of this Act and the rules and
23
have to be incurred in the event of repatriation to India of any of
regulations.
(4) within a period of one month from the date on which the
such form and manner, within such period, not exceeding six registration
24
specified by regulations.
19. The duties of the recruitment agencies shall include and not
whatsoever;
employment;
emigrants, if any;
25
placement vacancies, departures and such other matters or
Government;
for sub-agents;
by regulations;
Government;
20(1) The competent authority may cancel any certificate on any Cancellation/suspension
26
one or more of the following grounds, namely; of a certificate.
(i) That having regard to the manner in which the holder of the
the certificate;
by a court in India for any offence under this Act, or any other
(v) That the holder of the certificate has violated any of the
the certificate;
27
contravention of any of the provisions of this Act or the rules and
regulations made there under or any other law for the time being
in force;
recruitment agency;
regulations;
minimum ratings;
28
suspension of the certificate should not be extended till the
should be canceled;
this sub section (1), the Authority shall follow such procedure as
may be prescribed:
29
(6) A court convicting a holder of a certificate for an offense
Chapter V
Accreditation of Employers
30
or otherwise, shall have an accreditation obtained under this
chapter.
shall:
31
minimum eligibility criteria as is specified require him to furnish
(ii) on being satisfied that the applicant does not fulfill the
23. The accreditation granted under this chapter shall be valid Period of validity of
for such period, not exceeding five years, as may be specified accreditation
by order.
Cancellation of
24. The provisions of Section 20 relating to cancellation and
Accreditation
suspension of Certificate of registration of recruitment agencies
employers.
Chapter VI
32
25. Save as otherwise provided in this Act, no enrolment agency
this Act conduct or facilitate enrolment of a student for study Enrollment Agencies
Procedure for
26. The provisions of Section 16, 17, 19 and 20 shall apply to
registration/ cancellation
registration, duties and functions, cancellation/suspension of the
of Certificate and Duties
certificate of enrolment agencies, with such modifications and
and function of
adaptations, as may be specified by regulations.
enrolment agencies
enrolment.
Chapter VII
33
Appeals
20 thereof; or
comply with any term and condition (not being specified term and
34
the Central Government in such form and within such period as
may be prescribed:
that he had sufficient cause for not preferring the appeal within
that period;
prescribed;
prescribed:
35
confirming modifying or reversing the order appealed against
shall be final;
of India.
Chapter VIII
36
(iv) Collects from an emigrant, charges in excess of the limits
or;
(vii) Indulges into any act of human trafficking, or any other Act
years but which may extend to seven years and/or with fine,
which shall not be less than one lakh rupees but which may
37
(2) Whoever:-
rupees.
cancel the passport in such cases as it may deem fit for the
seven years and the fine shall not be less than five lakh rupees.
applicable.
38
Psychotropic Substances Act shall be applicable
Offences by Companies
committed, was directly in charge of, and was responsible to, the
39
shall be liable to be proceeded against and punished
accordingly.
such offence.
and it is proved that the offence has been committed with the
Cognizable
40
Procedure, 1973, all offences under this Act shall be cognizable. Punishment to be
The award of punishment for an offence under this Act shall be other action
Chapter IX
Miscellaneous
in this behalf, may enter any public place and search, and arrest
any other place intended for use by, or accessible to, the public.
41
unnecessary delay, take or arrange to send the person so
this section.
31. All the powers for the time being conferred by the Customs
42
32. Nothing contained in this Act shall apply, with regard to – Exemption of certain
33. Where any question arises, before the competent authority Determination of
34(1) Where the Central Government has reason to believe, that Power to prohibit
disturbances, general
43
such a country;
political disturbances;
that country ;
notification.
35. Any security furnished under this Act shall, when no longer
44
required for the purpose for which it was furnished, shall be Refund of Security
36(1) The competent authority, as the case may be for the Authorities and officers
purposes of discharging functions under this Act, have the same to have certain powers
power as are vested in a civil court, under the Code of Civil of Civil Court
matters namely:-
office;
documents;
193 and 228 of the Indian Penal Code 1860 and shall be
45
37. The provisions of this Act shall have effect notwithstanding Overriding provision
38. The Central Government may, by general or special order, Delegation of Power
authority,
performed by-
39. The Central Government may, for the purposes of, and in
exercise of its powers and performance of its functions under this Power to give directions.
46
competent authority or any person or officer and the competent
directions.
any officer of Central Government or any member, officer or taken in good faith.
41(1) The Central Government may, by notification, make rules Power to make Rules
forgoing power, such rules may provide for all or any of the
regulations consistent with this Act and the rules made there Power to make
47
43. Every notification, every rule and every regulation made
or made, before the each House of Parliament, while it is in Rules and regulations to
session, for a total period of 30 days which may be comprised in be laid before
or regulation.
44(1) If any difficulty arises in giving effect to the provisions of Power to remove
this Act, the Central Government may, by order, published in the difficulties.
removing difficulty:
Provided that no order shall be made under this section, after the
this Act.
48
(2) Every order made under this section shall be laid, as soon as
49
(iv) any right, privileged, obligation or liability acquired, accrued
50