[Act 7 of 1922][1] [5th March, 1922] [Repealed by Act 31 of 1983, Section 45,
w.e.f. 30-12-1983.] An Act to amend the law relating to emigration Whereas it is expedient to amend the law relating to emigration; It is
hereby enacted as follows:? Chapter I PRELIMINARY (1)
This Act may
be called the [2]
[* * *] Emigration Act, 1922. [3] [(2) It extends to the whole of India.] (1)
In this Act,
unless there is anything repugnant in the subject or context,? [4] [(a) ?conveyance? includes a vessel, a country-craft and
an aircraft;] [5] [(aa)] ?dependent? means any woman or child who is
related to an emigrant and any aged or incapacitated relative of an emigrant; (b) ?emigrant? means any person who emigrates
or has emigrated or who has been registered as an emigrant under this Act, and
includes any dependent of an emigrant, but does not include? (i) ????any person emigrating to a country in which
he has resided for not less than five years or the wife or child of such
person, or (ii) ??the
wife or child of any person who has lawfully emigrated when such wife or child
departs for the purpose of joining such person; (c) ???emigrate?
and ?emigration? mean the departure by sea [6] [or by air] out of [7] [India] of? (i) ???any
person who departs under an agreement to work for hire in any country beyond
the limits of India, and (ii) ??any
person who is assisted to depart, otherwise than by a relative, if he departs,
for the purpose or with the intention of working for hire or engaging in
agriculture in any country beyond the limits of India; [8] [(cc) ?emigrant ship? means any ship specially chartered
for the conveyance of emigrants, or conveying emigrants exceeding a number to
be prescribed: Provided that the Central Government may, by notification in the Official
Gazette, declare that ships conveying emigrants to any specified port shall not
be deemed to be emigrant ships;] (d) ???prescribe?
means to prescribe by rules made under this Act; (e) ???work?,
with its grammatical variations, means skilled or unskilled work; (f) ???skilled
work? means? (i)?? ?working as an artisan; or (ii)? ?working as a clerk or shop assistant; or (iii)? ?working for the purpose of any exhibition or
entertainment; or (iv)? ?service in any restaurant, tea-house, or other
place of public resort; or (v) ??domestic
service; or (vi) ?any
other occupation which the Central Government may, by notification[9] in the Official Gazette,
declare to be skilled work; (g) ???unskilled
work? includes engaging in agriculture. (2)
In case of
any doubt or dispute arising otherwise than in the course of any legal
proceedings, as to whether? (a)
any person
is an emigrant, or (b)
any work is
skilled or unskilled, or (c)
any person
has been assisted otherwise than by a relative, within the meaning of this Act,
the question shall be determined by such person and in such manner as the [10] [Central Government] may
prescribe, and such determination shall be final. Chapter II PROTECTORS OF EMIGRANTS AND MEDICAL INSPECTORS (1)
[11] [The Central Government] may appoint a
person to be the Protector of Emigrants for any port [12] [or airport] situate [13] [in [14] [India]] from which
emigration is lawful. (2)
The [15] [Central Government] may
define the area to which the authority of a Protector of Emigrants so appointed
shall extend. (3)
Every
Protector of Emigrants shall be a public servant within the meaning of the
Indian Penal Code (45 of 1860). Every Protector of Emigrants, in addition to the special duties assigned to
him by or under this Act, shall? (a)
protect and
aid with his advice all emigrants; (b)
cause, so
far as he can, all the provisions of this Act and of the rules made thereunder
to be complied with; (c)
inspect, at
the time of arrival, to such extent and in such manner as the [16] [Central Government] may
prescribe, vessels [17] [or aircraft] bringing
return emigrants to the port [18] [or airport] for which he is
Protector; (d)
inquire into
the treatment received by return emigrants both during the period of their
residence in the country to which they emigrated, and also during the return
voyage [19]
[or journey], and report thereon in the [20] [Central Government]; (e)
aid and
advise return emigrants so far as he reasonably can; and (f)
on being
satisfied that any person intending to depart by sea [21] [or by air] out of [22] [India], comes within one of
the classes expressly excluded from the definition of emigrant in Section 2,
furnish such person with a certificate to the effect that such person is not an
emigrant for the purpose of this Act. (1)
In any
specified area where there is not a Protector of Emigrants, the [23] [Central Government] [24] [* * *] may appoint any
person to perform all or any of the duties of a Protector of Emigrants under
this Act. (2)
Every person
so appointed shall be a public servant within the meaning of the Indian Penal
Code (45 of 1860). (1)
The [25] [Central Government] may
appoint one or more Medical Inspectors of Emigrants at any port [26] [or airport] from which
emigration is lawful or at any other place, and, where more than one are
appointed, may apportion their respective duties. (2)
Every
Medical Inspector of Emigrants shall be a public servant within the meaning of
the Indian Penal Code (45 of 1860). The Central Government may, for the purpose of safeguarding the interests
of emigrants in any place outside [27] [India], appoint persons to
be agents in such places, and may define their powers and duties. The [28]
[Central Government] may, for the purpose of assisting any Protector of
Emigrants appointed by it or any person appointed by it under Section 5,
constitute an Advisory Committee in such manner as it may think fit, and may
prescribe the procedure to be followed and the functions to be performed by
such committee. Chapter III EMIGRATION FOR THE PURPOSE OF UNSKILLED WORK (1)
Emigration,
for the purpose of unskilled work, shall not be lawful except from the ports of
Calcutta, Madras, Bombay, [29] [* * *] Negapatam, Tuticorin
and Dhanushkodi, and from [30] [such other ports and such
airports] as the Central Government may, by notification[31] in the Official
Gazette, declare to be [32] [ports and airports from which]
such emigration is lawful. (2)
The [33] [Central Government] may, by
notification in the Official Gazette, fix for the purposes of this Act the
limits of any port [34] [or airport] from which such
emigration is lawful. (1)
Emigration,
for the purpose of unskilled work, shall not be lawful except to such countries
and on such terms and conditions as the Central Government, by notification[35] in the Official Gazette, may specify in this behalf. (2)
No
notification shall be made under sub-section (1) unless it has been laid in
draft before [36] [* * *] [37] [Parliament] and has been
approved by a resolution of [38] [Parliament], either without
modification or addition, or with modifications and additions to which [39] [[40] [Parliament] agrees], but,
upon such approval being given, the notification may be issued in the form in
which it has been so approved. (1) ??Where
the Central Government has reason to believe that in any country to which
emigration for the purpose of unskilled work is lawful plague or any other
epidemic disease dangerous to human life has broken out, and that emigrants if
allowed to emigrate to that country would be exposed to serious risk to life on
arrival there, it may, by notification in the Official Gazette, declare that
emigration to that country for the purpose of unskilled work shall cease to be
lawful. [41] [(2) Where the Protector of Emigrants for
any port [42]
[or airport] has reason to believe that such a state of affairs as is described
in sub-section (1) exists in any country to which emigration for the purpose of
unskilled work is lawful, he may, by notification in such manner as he thinks
fit, declare that emigration to that country for the purpose of unskilled work
from that port [43] [or airport] shall cease to
be lawful pending a reference to the Central Government.] (3) ??The [44] [Protector of Emigrants]
publishing a notification under sub-section (2) shall forthwith report such
notification with the reasons for it to the Central Government, which shall
thereupon publish a notification in the Official Gazette confirming or
cancelling the notification published by the [45] [Protector of Emigrants]. Where the Central Government is satisfied that the ground on which a
notification under sub-section (1) of Section 11, or a notification under
sub-section (3) of Section 11, confirming a notification of a [46] [Protector of Emigrants] has
been made with respect to any country has ceased to exist, it may, by
notification in the Official Gazette, declare that emigration to that country
for the purpose of unskilled work shall again be lawful from a date to be
specified in the notification. (1)
The Central
Government may, by notification[47] in the Official
Gazette, prohibit, from a date, and for reasons, to be specified in the
notification, all persons or any specified class of persons from emigrating to
any specified country from the territories under the administration of any
State Government or any specified part thereof, for the purpose of unskilled
work. (2)
Every
notification issued under this section shall be laid before [48] [* * *] [49] [Parliament] as soon as may
be after it is made. A notification under Section 10, Section 11, Section 12 or Section 13 shall
not affect any act done, offence committed, or legal proceedings commenced before
the date on which such notification takes effect. Chapter IV EMIGRATION FOR THE PURPOSE OF SKILLED WORK Emigration, for the purpose of skilled work, shall not be lawful except
from a port [51] [or airport] from which
emigration for the purpose of unskilled work is lawful and from such other
ports [52]
[and airports] as the Central Government may, by notification[53] in the Official
Gazette, specify in this behalf. (1)
Whoever
desires to engage, or to assist, any person to emigrate for the purpose of
skilled work shall apply for the permission of [54] [the Central Government],
and shall state in his application? (a)
the number
of persons whom he proposes so to engage or assist; (b)
the place
beyond the limits of India to which each such person and his dependants are to
proceed; (c)
the
accommodation to be provided for each such person and his dependants until
their departure out of India and during the voyage [55] [or Journey]. (2)
Whoever
desires to engage any person for the purpose described in sub-section (1)
shall, in addition to the information which he is required by that sub-section
to supply in his application, further state therein? (a)
the
provision to be made for the health and well-being of such person and his
dependants during the period of the proposed engagement and for their
repatriation at the end of such period; (b)
the terms of
the agreement under which such person is to be engaged; (c)
the security
in [56]
[India] which he proposes to furnish for the due observance of such agreement
and for the proper treatment of the person to be engaged and his dependants. On receiving an application under Section 16, the [57] [Central Government] may,
after such inquiry as it may deem necessary, grant the permission applied for
on such terms and conditions (if any) and on payment of such fees (if any) as
it thinks fit, or withhold such permission, and the decision of the [58] [Central Government] shall
be final[59]. (1)
Before any
person departs from [60] [India] in accordance with
permission granted under Section 17, the person by whom he has been engaged or
assisted shall appear in person or by his duly authorized agent before the
Protector of Emigrants at the port [61] [or airport] of embarkation
with such first-mentioned person and with any persons intending to accompany
him as his dependants. (2)
If it
appears to the Protector of Emigrants? (a)
that
permission to engage or assist such person has been duly obtained, (b)
in the case
of an engagement, that the terms of the agreement under which such person has
been engaged are in accordance with the terms of the permission granted and are
understood by him, and (c)
that the
conditions on which the permission was granted have been complied with, he
shall register in a book to be kept for the purpose such particulars concerning
the person engaged or assisted and his dependants (if any) and concerning the
person engaging or assisting him, and in such form, as the [62] [Central Government] may
prescribe. Where such security as is referred to in sub-section (2) of Section 16 has
been furnished, the [63] [Central Government] may, at
any time after making such inquiry as it may deem necessary, pass orders in
regard to the forfeiture of the security in whole or in part and the
application of the same or any part thereof, and, on the expiry of the period
to which the agreement relates and on being satisfied that no ground exists for
forfeiting the security in whole or in part, order the return of the security
or of any part thereof to the person by whom it was furnished or to his
representative. The [64]
[Central Government] may, by notification in the Official Gazette, authorize a
Protector of Emigrants to receive and dispose of applications made under this
Chapter: Provide that an appeal shall lie to the [65] [Central Government] from
every order passed by a Protector of Emigrants in exercise of the authority so
conferred. (1)
Where the
Central Government has reason to believe that sufficient grounds exist for
prohibiting emigration of skilled workers to any country, it may, by
notification in the Official Gazette, declare that such emigration to that
country shall cease to be lawful from a date specified in the notification; and
from that date such emigration to that country shall accordingly cease to be
lawful. (2)
Every
notification issued under this section shall be laid before [66] [* * *] [67] [Parliament] as soon as may
be after it is made. [68] [* * *] Chapter V RULES [69] [* * *] The [70] [Central Government] may, by
notification in the Official Gazette, make rules consistent with this Act to
prescribe the person by whom any doubt or dispute referred to in sub-section
(2) of Section 2 shall be determined and the procedure to be followed and the
proof to be required in such cases, and to provide for any other matter which
the Central Government is by this Act empowered to prescribe. (1)
The Central
Government may, by notification in the Official Gazette, and after previous
publication, make rules[71] for the purpose of
carrying into effect the provisions of this Act. (2)
In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for? (a)
the powers
and duties of the several officers appointed by the Central Government under
this Act; [72] [(b) the licensing, supervision and control
of persons in [73] [India] engaged in causing
or assisting persons to emigrate and in the conveyance and accommodation of
emigrants, and the prohibition of unlicensed persons from being so engaged;] (c) ???the
establishment, supervision and regulation of any places of accommodation
provided for emigrants and for their medical care while resident there; (d) ??the
forms to be maintained and the returns to be submitted by persons licensed in
accordance with rules framed under clause (b); (e) ??the
information to be furnished by persons licensed in accordance with rules framed
under clause (b) to emigrants and the language in which such information is to
be furnished; (f)? ?the production and examination of emigrants
before District Magistrates or such other authorities as may be appointed in
this behalf; (g)? ?the age below which persons of either sex may
not emigrate except as dependants; (h)? ?the accommodation, the provisions, fuel and
other necessaries, the medical stores and staff, the life-saving and sanitary
arrangement, and the records to be maintained on [74] [emigrant ships]; (i) ??the
receipts and the despatch to their homes of return emigrants; (j) ??the
fees, if any, payable by Emigration Agents to Protectors of Emigrants for each
emigrant departing from India; [75] [* * *] [76] [(k) the issue of the permits referred to in
sub-section (1) of Section 30-A; and] [77] [(l)] generally, the security, well-being
and protection of emigrants [78] [up to the date of their
departure from India, during a voyage on an emigrant ship [79] [or a journey on an
aircraft]] and on their return to India. [80] [(3) Every rule made under this Act shall be
laid as soon as may be after it is made before each House of Parliament while
it is in session for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of
the session in which it is so laid or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so however that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.] Chapter VI OFFENCES (1)
Whoever,
except in conformity with the provisions of this Act or of the rules made under
this Act, emigrates or attempts to emigrate shall be punishable [81] [with imprisonment for a
term which may extend to three months, or with fine which may extend to five
hundred rupees, or with both]. (2)
Whoever,
except in conformity with the provisions of this Act or of the rules made under
this Act,? (a)
makes, or
attempts to make, any agreement with any person purporting to bind that person,
or any other person, to emigrate, or (b)
[82] [causes or assists, or attempts to cause or
assist], any person to emigrate or to attempt to emigrate or to leave any place
for the purpose of emigrating, or (c)
causes any
person engaged or assisted by him, after grant of the permission referred to in
Section 17, to depart by sea [83] [or by air] out of [84] [India] without registration
of the particulars required by sub-section (2) of Section 18, shall be
punishable [85]
[with imprisonment which may extend to two years and with fine: Provided that in the absence of special and adequate reasons to the
contrary to be mentioned in the judgment of the court, such imprisonment shall
not be less than six months and such fine shall not be less than one thousand
rupees.] [86] [(3) When in the course of any proceedings
in connection with emigration in which a person licensed in accordance with
rules framed under clause (b) of sub-section (2) of Section 24 is concerned, a
breach of the provisions of this Act or of the rules made under this Act is
committed, such person shall be liable to the punishment provided by
sub-section (2), unless he shows that he was not responsible for and could not
have prevented the commission of the breach.] [87] [(4)] If any person commits an offence under
this section, any police-officer may arrest him without warrant. Whoever, by means of intoxication, coercion or fraud, causes or induces, or
attempts to cause or induce, any person to emigrate, or enter into any
agreement to emigrate, or leave any place with a view to emigrating, shall be
punishable [88]
[with imprisonment for a term which may extend to three years and with fine: Provided that in the absence of special and adequate reasons to the
contrary to be mentioned in the judgment of the court, such imprisonment shall
not be less than six months and such fine shall not be less than one thousand
rupees.] Whoever falsely represents that any emigrants are required by the
Government or are to be engaged on behalf of the Government shall be
punishable [89]
[with imprisonment for a term which may extend to three years and with fine: Provided that in the absence of special and adequate reasons to the
contrary to be mentioned in the judgment of the court, such imprisonment shall
not be less than six months and such fine shall not be less than one thousand
rupees.] In the event of a second or subsequent offence under any of the following
provisions, namely, sub-section (1) or sub-section (2) of Section 25, Section
26, Section 27 or sub-section (4) of Section 30-A, a person shall be punishable
with imprisonment which may extend to four years and with fine: Provided that in the absence of special and adequate reasons to the
contrary to be mentioned in the judgment of the court, such imprisonment shall
not be less than nine months and such fine shall not be less than one thousand
rupees.] In any case in which an offence has been committed against this Act, any
conveyance used in the commission of such offence shall be liable to
confiscation.] (1)
When the
offender is convicted or when the person charged with an offence against this
Act is discharged or acquitted, and the court decides that any conveyance is
liable to confiscation, such confiscation may be ordered by the court. (2)
When an
offence against this Act has been committed but the offender is not known or
cannot be found and any conveyance is used in the commission of such offence,
or when any conveyance liable to confiscation under this Act and not in the
possession of any person cannot be satisfactory accounted for, the case shall
be enquired into and determined by such officer as may be authorised by the
Central Government in this behalf, who may on seizure thereof, order such
confiscation: Provided that no such order of confiscation shall be made until the
expiration of thirty days from the date of seizure of the conveyance intended
to be confiscated or without hearing the persons, if any, claiming any right
thereto and evidence, if any, which they produce in support of their claims.] No prosecution shall be instituted for any offence under this Chapter
except with the sanction of a Protector of Emigrants or of a person appointed
under Section 5 and empowered in this behalf, or, where there is no Protector
or person so appointed and empowered, of the District Magistrate: Provided that no sanction shall be required when an offence has been
committed in respect of an emigrant or an intended emigrant and the complaint
is filed by such emigrant, or intended emigrant or, on behalf of such emigrant
or intended emigrant, by the father, mother, husband, wife or guardian of such
emigrant or intended emigrant or, if such emigrant or intended emigrant is a
member of a joint Hindu family, by the manager of that family. All the powers for the time being conferred by law on officers of [93] [customs] with regard to the
searching and detention of vessels [94] [or aircraft or any other
conveyance] or otherwise for the prevention of smuggling on board thereof [95] [may be exercised, for the
prevention of offences against this Act, by any such officer, or by a Protector
of Emigrants, or a person appointed under Section 5]. Chapter VII SUPPLEMENTAL (1)
The
departure by land out of [96] [India] of any person under,
or with a view to entering into, an agreement to work for hire, or when
assisted, otherwise than by a relative, so to depart for the purpose or with
the intention of working for hire or engaging in agriculture, in any country
beyond the sea, is prohibited. (2)
Whoever
departs, or attempts to depart, by land out of [97] [India] in contravention of
this section, shall be deemed to have committed an offence under sub-section
(1) of Section 25. (3)
Whoever [98] [causes or assists, or
attempts to cause or assist], any person to depart by land out of [99] [India] in contravention of
this section shall be deemed to have committed an offence under sub-section (2)
of Section 25. (1)
The Central
Government may, by notification[101] in the Official
Gazette from a date and for reasons to be specified in the notification,
prohibit all persons or any specified class of persons from departing by
sea [102]
[or by air] out of [103] [India] to any specified
country beyond the limits of India for the purpose of unskilled work unless
possessed of a prescribed permit or otherwise exempted by general or special
order of the Central Government from the provisions of the notification. (2)
Every
notification issued under this section shall be laid before [104] [* * *] [105] [Parliament] as soon as may
be after it is made. (3)
Whoever
departs or attempts to depart out of [106] [India] in contravention of
the notification issued under sub-section (1) shall be punishable with
punishment provided for an offence under sub-section (1) of Section 25. (4)
Whoever
causes or assists or attempts to cause or assist any person to depart out
of [107]
[India] in contravention of a notification issued under sub-section (1) shall
be punishable with the punishment provided for an offence under sub-section [108] [(2)] of Section 25.] [109] [(5) If any person commits an offence under
this section, any police-officer may arrest him without warrant.] Chapter VIII SAVINGS AND REPEAL Nothing in this Act shall be deemed to apply to the departure out of [110] [India] of? [111] [(i) any person who is not a citizen of
India, or] (ii) ??any
person enrolled under [112] [the Air Force Act, 1950
(45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of
1957)]. [Repealed by the Repealing and Amending Act, 1939 (34 of
1939), Section 3 and Schedule II.] [Repealed by the Repealing Act, 1927 (12 of 1927), Section 2 and
Schedule.] [1] Extended
to the absorbed area of Angul in the State of Orissa by Act 20 of 1954,
Schedule III. [2] The word ?Indian? omitted by Act 23
of 1963, Section 3 (w.e.f. 1-1-1964). [3] Substituted by
Act 3 of 1949, Section 2. [4] Inserted by Act 23 of 1963, Section 4
(w.e.f. 1-1-1964). [5] Re-lettered as
clause (aa) by Act 23 of 1963, Section 4 (w.e.f. 1-1-1964). [6] Inserted by Act 23 of 1963, Section 4
(w.e.f. 1-1-1964). [7] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [8] Inserted by
Act 27 of 1927, Section 2. [9] For
such notification, see Gazette of India, 1927, Part I, pp. 6,
124; see Gazette of India, 1947, Part I, p.
1354; see Gazette of India, 1948, Part I, p. 1614. [10] Substituted by
the A.O. 1937 for ?L.G?. [11] Substituted by
the A.O. 1937, for ?Subject to the control of the G.G. in C., the L.G.?. [12] Inserted by Act 23 of 1963, Section 2
(w.e.f. 1-1-1964). [13] Substituted by
the A.O. 1937, for ?within the territories administered by it?. [14] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [15] Substituted by
the A.O. 1937 for ?L.G?. [16] Substituted by
the A.O. 1937 for ?L.G?. [17] Inserted by
Act 23 of 1963, Section 5 (w.e.f. 1-1-1964). [18] Inserted by
Act 23 of 1963, Section 2 (w.e.f. 1-1-1964). [19] Inserted by
Act 23 of 1963, Section 5 (w.e.f. 1-1-1964). [20] Substituted by
the A.O. 1937 for ?L.G?. [21] Inserted by
Act 23 of 1963, Section 5 (w.e.f. 1-1-1964). [22] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [23] Substituted by
the A.O. 1937 for ?L.G.?. [24] The words ?subject to the control of the G.G.
in C.? repealed by the A.O. 1937. [25] Substituted by the A.O. 1937 for ?L.G.?. [26] Inserted by
Act 23 of 1963, Section 2 (w.e.f. 1-1-1964). [27] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [28] Substituted by
the A.O. 1937 for ?L.G.?. [29] The
word ?Karachi? repealed by the A.O. 1948. [30] Substituted for
?such other ports? by Act 23 of 1963, Section 6 (w.e.f. 1-1-1964). [31] For
such notification, see Gazette of India, 1941, Part I, pp. 1269,
1429. [32] Substituted for ?ports from which? by
Act 23 of 1963, Section 6 (w.e.f. 1-1-1964). [33] Substituted by
the A.O. 1937 for ?L.G.?. [34] Inserted by
Act 23 of 1963, Section 2 (w.e.f. 1-1-1964). [35] For
such notification, see Gazette of India, 1923, Part I, p.
149; see Gazette of India, 1926, Part I, p.
449; see Gazette of India, 1937, Extraordinary, p. 582. [36] The
words ?both Chambers of? repealed by the A.O. 1948. [37] Substituted by
the A.O. 1950 for ?the Central Legislature?. [38] Substituted by the A.O. 1950, for ?that
Legislature?. [39] Substituted by
the A.O. 1948 for ?both Chambers agree?. [40] Substituted by
the A.O. 1950, for ?that Legislature?. [41] Substituted by the A.O. 1937 for the
original sub-section. [42] Inserted by
Act 23 of 1963, Section 2 (w.e.f. 1-1-1964). [43] Inserted by
Act 23 of 1963, Section 2 (w.e.f. 1-1-1964). [44] Substituted by
the A.O. 1937 for ?L.G.?. [45] Substituted by
the A.O. 1937 for ?L.G.?. [46] Substituted by the A.O. 1937 for ?L.G.?. [47] For
such notification, see Gazette of India, 1938, Part I, p. 1126. [48] The words ?both Chambers of? repealed by
the A.O. 1948. [49] Substituted by the A.O. 1950 for ?the
Central Legislature?. [50] Inserted by
Act 23 of 1963, Section 2 (w.e.f. 1-1-1964). [51] Inserted by
Act 23 of 1963, Section 2 (w.e.f. 1-1-1964). [52] Inserted by
Act 23 of 1963, Section 7 (w.e.f. 1-1-1964). [53] For
such notification, see Gazette of India, 1950, Part I, Section 1, p.
285. [54] Substituted by
the A.O. 1937 for ?the L.G. having jurisdiction at the port from which such
person is to depart?. [55] Inserted by
Act 23 of 1963, Section 8 (w.e.f. 1-1-1964). [56] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [57] Substituted by
the A.O. 1937 for ?L.G.?. [58] Substituted by
the A.O. 1937 for ?L.G.?. [59] For
the notification permitting the levy of a fee on
emigrants, see Gazette of India, 1949, Part I, p. 1617. [60] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [61] Inserted by
Act 23 of 1963, Section 2 (w.e.f. 1-1-1964). [62] Substituted by
the A.O. 1937 for ?L.G.?. [63] Substituted by
the A.O. 1937 for ?L.G.?. [64] Substituted by
the A.O. 1937 for ?L.G.?. [65] Substituted by
the A.O. 1937 for ?L.G.?. [66] The words ?both Chambers
of? repealed by the A.O. 1948. [67] Substituted by
the A.O. 1950, for ?the Central Legislature?. [68] Section 22 omitted by Act 23 of
1963, Section 9 (w.e.f. 1-1-1964). [69] The
words ?Subject to the control of the G.G. in C.? repealed by the A.O.
1937. [70] Substituted by
the A.O. 1950, for ?the Central Legislature?. [71] For such rules, see Gazette of
India, 1923, Part I, p. 214. For fees in respect of
emigrants to such countries, see Gazette of India, 1945, Part I, P.
1081. For the modifications
with which the rules apply to emigrant labour to Ceylon, the Straits
Settlements, the Federated Malay States and Unfederated Malay
States, see Gazette of India, 1923, p. 236. [72] Substituted by
Act 16 of 1932, Section 2, for the original clause. [73] Substituted by Act 3 of 1949, Section 4,
for ?the Provinces?. [74] Substituted by
Act 27 of 1927, Section 3, for ?any ship specially chartered for the transport
of emigrants?. [75] The
word ?and? repealed by Act 21 of 1938, Section 2. [76] Inserted by
Act 21 of 1938, Section 2. [77] Original
clause (k) relettered (l) by Act 21 of 1938, Section 2. [78] Substituted by
Act 27 of 1927, Section 3, for ?both up to the date of their actual departure
from India?. [79] Inserted by
Act 23 of 1963, Section 10 (w.e.f. 1-1-1964). [80] Inserted by
Act 23 of 1963, Section 10 (w.e.f. 1-1-1964). [81] Substituted for
?with fine which may extend to fifty rupees? by Act 23 of 1963, Section 11
(w.e.f. 1-1-1964). [82] Substituted by
Act 16 of 1932, Section 3, for ?induces, or attempts to induce?. [83] Inserted by
Act 23 of 1963, Section 11 (w.e.f. 1-1-1964). [84] Substituted by Act 3 of 1949, Section 4,
for ?the Provinces?. [85] Substituted for
?with fine, which may extend to five hundred rupees? by Act 23 of 1963, Section
11 (w.e.f. 1-1-1964). [86] Inserted by
Act 16 of 1932, Section 3. [87] The
original sub-section (3) was renumbered as sub-section (4) by Act 16
of 1932, Section 3. [88] Substituted by
Act 23 of 1963, Section 12 (w.e.f. 1-1-1964). [89] Substituted by
Act 23 of 1963, Section 13 (w.e.f. 1-1-1964). [90] Inserted by
Act 23 of 1963, Section 14 (w.e.f. 1-1-1964). [91] Inserted by
Act 23 of 1963, Section 14 (w.e.f. 1-1-1964). [92] Inserted by
Act 23 of 1963, Section 14 (w.e.f. 1-1-1964). [93] Substituted for
?sea-customs? by Act 23 of 1963, Section 15 (w.e.f. 1-1-1964). [94] Inserted by
Act 23 of 1963, Section 15 (w.e.f. 1-1-1964). [95] Substituted by
Act 8 of 1940, Section 2, for ?may be exercised by those officers for the
prevention of offences against this Act?. [96] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [97] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [98] Substituted by
Act 16 of 1932, Section 4, for ?induces, or attempts to induce?. [99] Substituted by
Act 3 of 1949, Section 4, for ?the Provinces?. [100]
Inserted by Act 21 of 1938, Section 3. [101]
For such notification, see Gazette
of India, Extraordinary, 1939, p. 157; see Gazette of India,
Extraordinary, 1941, p. 421. [102]
Inserted by Act 23 of 1963, Section 16 (w.e.f. 1-1-1964). [103]
Substituted by Act 3 of 1949, Section 4,
for ?the Provinces?. [104]
The words ?both Chambers
of? repealed by the A.O. 1948. [105]
Substituted by the A.O. 1950, for ?the Central Legislature?. [106]
Substituted by Act 3 of 1949, Section 4, for ?the Provinces?. [107]
Substituted by Act 3 of 1949, Section 4, for ?the Provinces?. [108]
Substituted for ?(1)? by Act 23 of 1963,
Section 16 (w.e.f. 1-1-1964). [109]
Added by Act 8 of 1940, Section 3. [110]
Substituted by Act 3 of 1949, Section 4, for ?the Provinces?. [111]
Substituted by Act 23 of 1963, Section
17 (w.e.f. 1-1-1964). [112]
Substituted by Act 23 of 1963, Section 17 (w.e.f. 1-1-1964).Emigration Act, 1922
[Repealed]