Emigration Ordinance, 1979 — section 17

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).