The Emigration Act, 1983

(1) This Act may be called the EmigrationAct, 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 date 1as the Central Government may, by notification, appoint anddifferent dates may be appointed for different provisions of this Act and any reference in any suchprovision to the commencement of this Act shall be construed as a reference to the commencement of thatprovision.

(1) In this Act, unless the context otherwise requires,-- (a) "certificate" means a certificate of registration issued under section 11; (b) "conveyance" includes a vessel, vehicle, country-craft and an aircraft; (c) "dependent" means any person who is related to an emigrant and is dependent on thatemigrant; (d) "emigrant" means any citizen of India who intends to emigrate, or emigrates, or has emigratedbut does not include-- (i) a dependent of an emigrant, whether such dependent accompanies that emigrant, ordeparts subsequently for the purpose of joining that emigrant in the country to which thatemigrant has lawfully emigrated; (ii) any person who has resided outside India at any time after attaining the age of eighteenyears, for not less than three years or the spouse or child of such person; (e) "emigrant conveyance" means any conveyance specially chartered for conveyance ofemigrants or for conveying emigrants exceeding such number as may be prescribed: Provided that the Central Government may, by notification, declare that any conveyanceconveying emigrants to such place as may be specified in the notification shall not be deemed to bean emigrant conveyance; (f) "emigrate" and "emigration" mean the departure out of India of any person with a view totaking up any employment (whether or not under an agreement or other arrangements to take up suchemployment and whether with or without the assistance of a recruiting agent or employer) in anycountry or place outside India; (g) "employer" means any person providing or offering to provide, employment in any country orplace outside India; (h) "employment" means any service, occupation or engagement (not being service, occupationor engagement under the Central Government or a State Government), in any kind of work within themeaning of clause (o), for wages or for reward, and all its grammatical variations and cognateexpressions shall be construed accordingly; (i) "notification" means a notification published in the Official Gazette; (j) "prescribed" means prescribed by rules made under this Act; (k) "Protector of Emigrants" means a Protector of Emigrants appointed under section 3 andincludes a person authorised under section 5; (l) "recruiting agent" means a person engaged in India in the business of recruitment for anemployer and representing such employer with respect to any matter in relation to such recruitmentincluding dealings with persons so recruited or desiring to be so recruited; (m) "recruitment" includes the issuing of any advertisement for the purpose of recruitment, theoffering by advertisement to secure or assist in securing any employment in any country or placeoutside India and the entering into any correspondence, negotiation, agreement or arrangement withany individual for or in relation to the employment of such individual in any country or place outsideIndia; (n) "registering authority" means the officer appointed under section 9 to be the registeringauthority for the purposes of this Act; (o) "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, teahouseor other place of public resort; (iv) work as a driver of a truck or other vehicle, mechanic, technician or skilled labourer orartisan; (v) work as an office assistant or accountant or typist or stenographer or salesman, or nurse oroperator of any machine; (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 suchwork 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 regardto the conditions of service applicable with respect to employment in any of the aforementionedcategories of work or any sub-category thereof, whether generally or in relation to any particularcountry or place and other relevant circumstances, declare by notification that such category of workor sub-category of work shall not be deemed to be work within the meaning of this definition. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area,be construed as a reference to the corresponding law, if any, in force in that area.

(1) The Central Government may, by notification, appoint a ProtectorGeneral of Emigrants and as many Protectors of Emigrants, as it deems fit, for the purposes of this Act. (2) The Central Government may, by general or special order, define the area to which the authorityof a Protector of Emigrants so appointed shall extend and, where two or more Protectors of Emigrants areappointed for the same area, also provide, by such order, for the distribution and allocation of the work tobe performed under this Act in relation to such area. (3) The Protectors of Emigrants shall perform the functions assigned to them by or under this Actunder the general superintendence and control of the Protector General of Emigrants. (4) The Protector General of Emigrants may, in addition to the special function assigned to him by orunder this Act, perform all or any of the functions assigned to any Protector of Emigrants.

Subject to the other provisions of this Act, everyProtector of Emigrants shall, in addition to the special duties assigned to him by or under this Act-- (a) protect and aid with his advice all intending emigrants and emigrants; (b) cause, so far as he can, all the provisions of this Act and of the rules made thereunder to becomplied with; (c) inspect, to such extent and in such manner as may be prescribed-- (i) any emigrant conveyance, or (ii) any other conveyance if he has reason to believe that any intending emigrants oremigrants are proceeding from, or returning to, India to or from a place outside India by suchother conveyance; (d) inquire into the treatment received by emigrants during their voyage or journey to, and duringthe period of their residence in the country to which they emigrated and also during the return voyageor journey to India and report thereon to the Protector General of Emigrants or such other authority asmay be prescribed; (e) aid and advise, so far as he reasonably can, emigrants who have returned to India.

The Central Governmentmay, if satisfied that it is necessary so to do in the interest of emigrants or intending emigrants, authoriseany person to perform all or any of the functions of a Protector of Emigrants under this Act.