Emigration Ordinance, 1979 — section 13

13. Powers to withdraw licences..—Notwithstanding anything contained in this Ordinance, if, at any time, it appears to the Federal Government that, in the public interest, it is necessary to discontinue the practice of granting licences to Overseas Employment Promoters, it may, by notification in the official Gazette, withdraw all such licences and entrust the functions concerning emigration for employment abroad to the Corporation or any other institution established or controlled by Government, in such manner as it may deem fit. 14. Delegation of power to Director‑General to receive and dispose of applications.―(1) The 1[secretary of the division concerned] may, by notification in the official Gazette, delegate its powers under section 12 to the Director‑General or any other officer: 1 Subs. by Act No. XLIV of 2021, ss. 10-11. 2 Ins. Ord. No. XI of 1981, s. 2, (w.e.f. 23-3-79). 3 Ins. by Act No.VI of 1985, s. 2. Provided that an appeal shall lie to the 1[secretary of the division concerned] from an order passed by the Director‑General or any other officer in exercise of the power delegated to him, and the decision of the 1[secretary of the division concerned] 2[taken after the appellant has been afforded an opportunity of being heard] shall, subject to sub-section (2), be final.

(2)The 1[secretary of the division concerned] may review its decision under sub-section (1) and the decision of the 1[secretary of the division concerned] in review shall be final 3[:] 3 [Provided that, before a decision is taken in review, the licensee to whom the decision relates shall be afforded an opportunity of being heard.]

(3)The Director‑General shall maintain, in such form as may be prescribed, a register of the names of all persons to whom licences have been granted under sub-section (2) of section 12. 15. Appearance of engaged persons before, and registration of names by Protector of Emigrants.― Before any person emigrates, he shall appear in person 4[or in the prescribed manner through video link or such other modern devices], alongwith the Overseas Employment Promoter by whom he has been engaged or assisted or recruited for employment abroad or his duly authorised representative, before the Protector of Emigrants and furnish to him such information as may be prescribed. CHAPTER VI RULES 16. Power to make rules.―(1) The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:―

(a)the powers and duties of the several officers appointed by the Federal Government under this Ordinance ;

(b)the licencing, supervision and control of Overseas Employment Promoters and the prohibition of unlicenced persons from being engaged in causing or assisting or recruiting persons to emigrate and in the conveyance and accommodation of emigrants;

(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 the Overseas Employment Promoters and the Corporation ;

(e)the information to be furnished by Overseas Employment Promoters to emigrants and the language in which such information is to be furnished ; 1 Subs. by Act No. XLIV of 2021, s. 11. 2 Ins. by Act No. VI of 1985, s. 3. 3 Subs. and added ibid. 4 Ins. by Act No. LIV of 2023, s. 2.

(f)the production and examination of emigrants before the Protector of Emigrants or such other authorities as may be appointed is this behalf ;

(g)the age below which person of either sex may not emigrate except as dependents;

(h)the reception and the despatch to their homes of returning emigrants ;

(i)the fees, if any, payable by Overseas Employment Promoters to the protectors of Emigrants for each emigrant departing from Pakistan ;

(j)execution of a bond by an emigrant, or a person proceeding abroad for education, studies or training, or any other purpose, in which he undertakes to return to Pakistan after a specified period ;

(k)setting up of training centres and orientation and briefing centres to guide and advise intending emigrants and their dependents proceeding abroad ;

(l)the recall and repatriation in the public interest of such emigrants as may be prescribed;

(m)the time within which an appeal under the proviso to sub-section (1) of section 14 may be presented;

(n)creation of welfare fund and measures for the welfare of emigrants and their dependents and establishment of machinery at home and abroad for the implementation of such rules;

(o)the disposal of complaints against Overseas Employment Promoters ;

(p)the formation of an Overseas Employment Promoters’ Association and code of conduct to be observed by Overseas Employment Promoters;

(q)the service charges to be paid to Overseas Employment Promoters and the Corporation by the emigrants ; and

(r)the depositing of fees and securities by Overseas Employment Promoters. CHAPTER VII OFFENCES PENALTIES AND PROCEDURE 17. Unlawful emigration, etc.―(1) Whoever, except in conformity with the provisions of this Ordinance and the rules, emigrates or departs or attempts to emigrate or depart shall be punishable with imprisonment for a term which may extend to five years 1[and with fine up to one million rupees].

(2)Whoever, except in conformity with the provisions of this Ordinance or of the rules,

(a)makes, or attempts to make, any agreement with any person purporting to bind that person, or any other person, to emigrate or depart ; or 1 Subs. by Act No. VIII of 2025, s.2.

(b)causes or assists, or attempts to cause or assist, any person to emigrate or depart or to attempt to emigrate or depart or to leave any place for the purpose of emigrating or departing ; or

(c)causes any person engaged, assisted or recruited by him, after grant of the licence referred to in section 12, to depart without appearing before the Protector of Emigrants as required by section 15 ; shall be punishable―

(i)for a first offence, with imprisonment for a term which may extend to five years, or with fine, or with both ; and

(ii)for a second or subsequent offence, with imprisonment for a term which may extend to seven years, or with fine, or with both.

(3)When, in the course of any proceeding in connection with emigration in which an Overseas Employment Promoter is concerned, a breach of the provisions of this Ordinance or of the rules is committed, such person shall be liable to the punishment provided by sub-section (2), unless he proves that he was not responsible for and could not have prevented the commission of the breach.

(4)Whoever, in contravention of the provisions of section 9, recruits a citizen of Pakistan or holds an interview or examination or issues an advertisement for such recruitment, and the editor, printer and publisher of a newspaper in which such advertisement is published, shall be liable to the punishment provided by sub-section (2).