Emigration Ordinance, 1979 — section 11

11. Power to search and detain vessels, etc..—The Director‑General, a Protector of Emigrants or any officer authorised by the 1[secretary of the division concerned] may, for the purpose of preventing the commission of any offence under this Ordinance, exercise all the powers conferred on the officers of customs by the Customs Act, 1969 (IV of 1969), with regard to the searching and detention of vessels or otherwise for the prevention of smuggling on board thereof and, for this purpose, he shall have the authority to enter any port or point of entry or departure or inspect any conveyance carrying or bringing or believed to be carrying or bringing any emigrant. 1 Subs. by Act No. XLIV of 2021, ss. 8-9. CHAPTER V APPOINTMENT OF OVERSEAS EMPLOYMENT PROMOTERS 12. Grant of Overseas Employment Promoter’s Licence.―(1) Whoever desires to engage, or to assist or to recruit any person to emigrate shall apply for a licence to the 1[secretary of the division concerned] and shall with his application furnish such information and documents, pay such security and fee, and at such time and in such manner as may be prescribed.

(2)On receiving an application under sub-section (1), the 1[secretary of the division concerned] may, after such inquiry as it may deem necessary, grant the licence applied for on such terms and conditions, if any, and on payment of such fee and on furnishing such security, as may be prescribed, or withhold such licence, and the decision of the 1[secretary of the division concerned] shall be final. 2 [(2A) A licence issued under the Emigration Act, 1922 (VII of 1922), shall be deemed to have been issued under this Ordinance, but it shall not be deemed to be a valid licence unless the security and fee for the said licence as prescribed by this Ordinance and the rules made thereunder have duly been paid.]

(3)If at any time during the period for which a licence is valid the 1[secretary of the division concerned] is satisfied, after making such inquiry as 1[he] may deem necessary, that the licensee has been guilty of misconduct, or that his conduct and performance as a licensee has been otherwise unsatisfactory, or that he has committed a breach of any of the provisions of this Ordinance or the rules or the prescribed code of conduct, the 1[secretary of the division concerned] may, by order in writing, cancel the licence or suspend it for a specified period and may also pass orders in regard to the forfeiture of the security furnished under sub-section (2) in whole or in part, and the decision of the 1[secretary of the division concerned] shall be final. 3 [(3A) Before an order is passed under sub-section (3), the licensee shall be afforded an opportunity of being heard.]

(4)On the expiry of the period for which the licence is granted, or on being informed by the licensee that he does not propose to continue to act as an Overseas Employment Promoter, and on being satisfied that no ground exists for forfeiting the security in whole or in part the 1[secretary of the division concerned] may order the return of the security or any part thereof to the person by whom it was furnished or to his authorized representative.