The Indian Emigration Act 1922, 7 of 1922, (Rep., Act 31 of 1983) · 11 — .

Section 20. The Local Government may, by notification in the local official Gazette, authorise a Protector of

Repealed or not in force · As amended up to 2026-08

(2) Every notification issued under this section shall be laid before both Chambers of the Indian Legislature as soon as mag be after it is made. 22. Nothing in this Chapter shall apply in any Saving. case in which a person engages another to accompany him out of India as his personal domestic servant. CHAPTER V, `23.` Subject tjo the control of the Governor General PO,,,. .e in Council, the Local Government may, by notifica,- e;:oment `23.` Subject tjo the control of the Governor General PO,,,. .e in Council, the Local Government may, by notifica,- e;:oment tion in the local oacid Gaeette, make rules consistent to luake dvith this Act to prescribe the person by wliorr! any clsubt or dispute referred to in sub-section (2) of section ;! shall be determined and the proced~ re to V[be followed ][and ][the proof to ][be ][required in such >ases, ] and to provide for any other matter which t,lie L .cal ' Government is by this Act empowered to k~esgribe. Power for the Governor General in Council to make rules. 84. ( I ) The Governor General in Council may, by notification iu the Gazette of India, and after previous publication, n~czlre rules for the purpose of carryinginto effect the provisions of this Act. 20. The Local Government may, by notification in the local official Gazette, authorise a Protector of ~ $ ' f ~ ~ ; : ~ Emigrants to receive and dispose of applications made Emigrants OF under this Chapter : receive authority or or to authority or receive authority or or to dispose applications. of Provided that an appeal shall lie to t,he Local Government from every order passed by a Protector of Emigrants in exercise of the authority so conferred. `21.` (1) Where the Governor General in Council power, has reason to believe that sufficient grounds oxist for prohibit prohibiting emigration of skilled workers to any :;$;tion country, he may, by notification in the Gazette of India, 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. of (2) I n particular bnd without prejudice to the generality of the foregoing potc-er, such rules may provide for- - (a) the powers and duties of the several officers appointed by the Governur General in Council under this Act ; (b) the licensing, supervision and control of all persons employed in British India in connection with the inducement of persons to emigrate and with the conveyance and accommodation of persons so induced ; `(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 ahicli such infori~iation is to be furnished ; ( f ) the ~roduction and examination of emigrants before District Magistrates or such other authorities as inay be appoiuted i n this behalf ; `(9)` the age below which persons of either sex may not emigrate except as dependelits - - ; (!:) the accommodation, the provisions, fuel and other necessaries, the medical stores ancl staff, the life-saving and sanitary 'hrrangements, and the records to be maintained on any ship specially chartered for the .itranspor t of emigrants ; `e` (i) the " - (i) the reception and the despatch to their homes of 1.etul.n emigrants ; ( j ) the fees, if any, payable by Emigration A g d s to Protectors of Enlierants for each emigrant departing from India ; and (h) generally, the security, well-being and protection of emigrants both up to the date of their actual departure from India and on their return to India. CHAPTaR `VI.` 25. (1) W hooves, except in conformity with the Un1awfu1 emigration or provisioiis of this Act or of the rules made under this inducemellt Act, emigrates or attempts to emigrate shall be punish- `$0` emigrate. able with fine which may extend to fifty rupees. - emigration or (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) induces, or attempts to induce, 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 out of British India without registration of the particulars required by sub-section (2) of section 18, I - shall be gu~ishable with fine, vhich may extend to five hundred rupees. - " `a` (3) If any person commits an offence under thz- - I 'section, any police~officer may arrest him without , warrant, 26. Whoever - 1 - ., &zdifin Emigrc6tia.r~. [ACT V ~ I `26.` VIThosver, by means of intoxication, coercion or fraud; causes or iaduces, or attempts to cause or induce, ally person to emigrate, or enter into any agreement to emigrate, or leave any place with a view to emigrating, shall be punishable with imprisonment for a term which may esteiid to one year, or with fine, or with both. Frafid~lentls inducing to emigrate. 27. Whoever falsely represents that ally emigrants are required ~ ~ ~ by ~ the Government or are to - be engaged 011 behalf of the Government shall be punishal~lt! -with imprisonment for a term ~vhich inay extend to six monthe, or with fine, which may extend to five hundred rupees, or with both. Palae representation ,f G ~ yentauthor. 1ty. aanctton to 28. NO pro~ecution shall be institutecl for ally prosecutians. offence nncler this Chapter except wit11 the sanction of a Protector of Emigrants or of a person appoiiited under section 5 aiid empowered in this behalf or, where there is no Protector or person so appointed and empornrered, of the District Magistrate : Provided that no sail&ioii 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 bphalf of s~ich emigrant or intended emigrant, by the father, rlpother, husbancl, wife or guardian of such emigrant or intended emigrant or, if such emiyant or intended emigrant is a member of a joint Hludu family, by the manager of that family. as. All the powers tor the time being conferred by lam on officers of "sea-customs with regard to the searching. and detention of vessels or otherwise for &he . prevention of smuggling on board thereof, may . '*be exercised by those officers for the prevention of 'offences against this Act. Power for Cnsto~sofficer to search and detain for purposes of Act. CHAPTER VIf. ~UPPLEMENTAL, Baohibition of 30. ( I ) The departure by land out of British (burtare by India o,f any person under, or with a view to entering land under `an` agreelnPnt into, an agreement; to work For hire, or when assisted, to W O ~ L t c otherwise otherwise `1%` i otherwise than by n rela,tiva, so to dcpa,rt For f he him in 80ma count19y purpose or with the intention of working for hire or ,,,,,, , engaging in ngriculture, ill any country beyond the sea, sea, is prohibited. (2) Whoever departs, or attei~ipts to depart, by land out of British India ill cont~~avention of this section, shall be deemed to have committed an offence . under sub-section (I) cjf sectio~i 25. (3) Whoever induces, or attempts to indnce, any person to depart by land out of British India in contravention of this section shall be cleemed to have committed an offcnce under sub-section (2) of section `25.` CHAPTER VIII. SAVINGS AND REPEAL. 31, Nothing in this Act shall be deemed to app1.y Application of Act. to the departure out of British India of- (i) any person mrho is neither of Indian parentage nor a aubject of a State in India, or (ii) any person enrolled under the Indian Army Act, 1911. VIII `of` 1911. 32. Not~vithstanding anything coatailled in thi$i~aving, Act, the provisions of this Act shall not apply for' ' a period of twelve months from the date' of the, commencement of this Act to persoils emigrgting to Ceylon, the Straits Settlments, or any protected `A` Native State adjoining the Straits Settlements. ' 33. Tlle Indian Emigration Act, 1908, is hereby Repeal. XVII of 1908.

Source: India Code