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The Emigration Act, 1983

Preamble

 (31 OF 1983)

[10th September, 1983]

An Act to consolidate and amend the law relating to emigration of citizens of India

BE it enacted by Parliament in the Thirty-Fourth Year of the Republic of India as follows :

Chapter I Preliminary

1. Short, extent, application and commencement. –

(1) This Act may be called the Emigration Act, 1983.

It extends to the whole of India and applies also to citizens of India outside India.

It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.

2. Definitions.-

(1) In this Act, unless the context otherwise requires,- “Certificate” means a certificate of registration issued under section 11, “conveyance” includes a vessel, vehicle, country-craft and an aircraft, ‘dependent” means any person who is related to an emigrant and is dependent on that emigrant.

“Emigrant” means any citizen of India who intends to emigrate, or emigrates, or has emigrated but does not include – A dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently for the purpose f joining that emigrant in the country to which that emigrant has lawfully emigrated, any person who has resides outside India at any time after attaining the age of eighteen years, for not less than three years on the spouses or child of such person “emigrant conveyance” means any conveyance specially chartered for conveyance of emigrates or for conveying emigrants exceeding such number as may be prescribed:

Provided that the Central Government may, by notification, declare that nay conveyance conveying emigrants to such place as may be specified in the notification shall not be deemed to be an emigrant conveyance.

“Emigrate” and “emigration” mean the departure out of India of any person with a view of taking up and employment (whether or not under an agreement or other arrangements of take up such employment and whether with or without the assistance of a recruiting agent or employer) in any country or place outside India, “employer” means any person providing or offering to provide, employment in any country or place outside India “employment” means any service, occupation or engagement (not being service, occupation or engagement under the Central Government or a State Government), in any kind of work within the meaning of clause (o), for wages or for reward, and all its grammatical variations and cognate expression shall be construed accordingly, “notification’ means a notification published in the Official Gazette, “prescribed” means prescribed by rules made under this Act,

“Protector of Emigrants” means a Protector of Emigrants appointed under section 3 and includes a person authorised under section 5, “recruiting agent” means a person engaged in India in the business of recruitment for an employer and representing such employer with respect of any matter in relating to such recruitment including dealings with persons so recruited or desiring to be so recruited, “recruitment” includes the issuing of any advertisement for the purpose of recruitment of offering by advertisement to secure or assist in securing any employment in any county or place outside India and the entering into any correspondence, negotiation, agreement or arrangement with any individual for or in relation to the employment of such individual in any country or place outside India, registering authority” means the officer appointed under section 9 to be the registering authority for the purposes of this Act, “work” means.- Any unskilled work, including any form of industrial or agricultural labour, any domestic service, any service, not being a service in a managerial capacity, in ant hotel, restaurant, tea-house or other place of public resort.

Work as a driver of truck or other vehicle, mechanic, technical or skilled labourer or artisan,

Work as a driver of a truck or other vehicle, mechanic, technical or skilled labourer or artisan,

Work in connection with, or for the purpose of, any cinema, exhibition or entertainment,

Any such work of a professional or of any other nature as the Central Government may, having regard to the need for the protection of citizens of India who may be employed in such work outside India and other relevant circumstances, specify by notification.

Provided that the Central Government may, if satisfied that it is necessary so to do having regard to the conditions of service applicable with respect to employment in any of the aforementioned categories of work or any sub-category thereof, whether generally or in relation to any particular country or place and other relevant circumstances, declare by notification that such category of work or sub-category of work shall not be deemed to be work within the meaning of this definition.

Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

Chapter II Emigration Authorities

3. Protectors of Emigrants.-

(1) The Central Government may, by notification, appoint a Protector General Emigrants and as many Protectors of Emigrants, as it deems fit, for the purpose of this Act.

The Central Government may, by general or special order, define the area to which the authority of a Protector of Emigrants so appointed shall extend and, where two or more Protectors of Emigrants are appointed for the same area, also provide, by such order, for the distribution and allocation of the work to be performed under this Act in relation to such area.

The Protectors of Emigrants shall perform the functions assigned to them by or under this Act under the general superintendence and control of the Protector General of Emigrants.

The Protector General of Emigrants may, in addition to the special functions assigned to him by or under this Act, perform all or any of the functions assigned to any Protector of Emigrants.

4. General duties of Protectors of Emigrants.-

Subject to the other provisions of this Act, every Protector of Emigrants shall, in addition to the special duties assigned to him by or under this Act – Protect and aid with his advice all intending emigrants and emigrants cause, so far as he can, all the provisions of this Act and of the rules made there under to be complied with, inspect, to such extent and in such manner as may be prescribed – Any emigrant conveyance, or any other conveyance if he has reason to believe that any intending emigrants or emigrants are proceedings from, or returning to, India to or from a place outside India by such other conveyance, inquire into the treatment received by emigrants during their voyage or journey to, and during the period of their residence in the country to which they emigrate and also during the return voyage or journey to India and report thereon to the Protector General of Emigrants or such other authority as may be prescribed, aid and advise, so far as reasonably can, emigrants who have returned to India.

5. Power to authorise persons to exercise functions of a Protector.-

The Central Government may, if satisfied that it is necessary so to do the in the interest of emigrants or intending emigrants, authorise any person to perform all or any of the functions of a Protector of Emigrants under this Act.

6. Emigration check posts.-

(1) Where the Central Government considers that, with view to preventing or checking the contravention of the provisions of this Act, it is necessary so to do, it may, by notification, set up such number of emigration check posts at such places as may be specified.

The Central Government may, by general or special order made in this behalf, appoint an officer of the Central Government or of a State Government to be an officer in charge of an emigration check-post set up under sub section (1).

An officer in charge of an emigration check-post shall be subject to the general control and supervision of the Protector of Emigrants within the local limits of whose jurisdiction that emigration check-posts is situated.

7. Other emigration officers and staff.-

The Central Government may appoint such other officers and employees (hereinafter referred to as the emigration officers and emigration employees), may think fit, to assist the Protector General of Emigrants and the Protector of Emigrants in the performance of their duties under this Act.

8. Emigration officers to be public servants.-

The Protector General of Emigrants, Protectors of Emigrants, the officers in charge of emigration check-posts, emigration officers and emigration employees appointed under this Act shall be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Chapter III Registering authority

9. Registering authority.-

The Central Government may, by notification, appoint the Protector General of Emigrants or any other officer of that Government of a rank higher than that of a Protector of Emigrants to be the registering authority for the purposes of this Act.

10. No person to functions as recruiting agent without a valid certificate.-

Save as otherwise provided in this Act, nor recruiting agent shall, after the commencement of this Act, commence or carry on the business of recruitment except under and in accordance with a certificates issued in that behalf by the registering authority.

Provided that a person carrying on the business of recruiting agent immediately before the commencement of this Act may continue to carry on such business without such a certificate for a period of one month from such commencement, and if he has made an application for such certificate under this Act within the said period of one months and such application is in the prescribed form and contains the prescribed particulars, till the disposal of such application by the registering authority.

11. Application for registration.-

(1) An application for registration shall be made to the registering authority in such form and shall contain such particulars as to the applicant’s financial soundness, trustworthiness, premises at which he intends to carry on his business, facilities at his disposal for recruitment, his antecedents (including information as to whether any certificate had been issued to him under this Chapter earlier and if so, whether such certificate had been cancelled) and previous experience, if any, of recruitment and other relevant matters as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee and an undertaking in the form prescribed to the effect that in the event of any information furnished in or along with the application for registration being found to be false or incorrect in any respect, the certificate shall be liable to be cancelled at any time in accordance with the procedure prescribed.

Provided that no application shall be entertained under this sub section from a person disqualified under subs section (6) of section 14 till the expiry of the period of such disqualification.

On receipt of such application, the registering authority shall, – If the application is not in the prescribed form or does not contain any of the prescribed particulars, return the application to the applicant.

If the application is in the prescribed form and contains the prescribed particulars, inform the applicant that he is eligible for the grant of the certificate applied for and, after giving the applicant an opportunity to be heard, determine, under sub section (3) the amount of the security which the applicant shall furnish.

The registering authority shall, for securing the due performance of the terms and conditions of the certificate proposed to be issued by it under sub section (2) to an applicant and for securing compliance with the provisions of this Act and the rules made there under and for meeting expenses which may have to be incurred in the event of the repatriation to India of any of the emigrants who may be recruited by the applicant, determine, in accordance with the rules made in this behalf, the amount of security ( not being in any case less than one lakh of rupees) which shall be furnished by the applicant.

I fan applicant furnishes in the prescribed manner the amount of security determined under sub-section (3) within a period of one month from the date on which the registering authority requires him to furnish such security, he shall be issued the certificate applied for by him together with an endorsement thereon to the effect that the security required has been furnished by him.

If a applicant fails to furnish the security required to be furnished by him within the period specified in sub section (4) his application shall be deemed to have been rejected by the registering authority on the date on expiry of that period.

12. Terms and conditions of registration.-

A certificate issued under section 11 shall be- In such form as may be prescribed, valid for such period not exceeding five years as may be prescribed:

Provided that a certificate may be issued for a period shorter than the prescribed period – If the person to whom it is issued so desire, or

If the registering authority, for reasons to be communicated in writing to the applicant for the certificate, considers in any case that the certificate should be issued for a shorter period,

Subject such other terms and conditions, including in particular, the maintenance by the holder of the certificate of the prescribed records containing details of his financial transactions in regard to recruitment, persons recruited or assisted to emigrate by him, employers concerned, contracts and other arrangements entered into in connection with recruitment, as may be prescribed.

Provided that a certificate may, contain, in addition to the prescribed terms and conditions, such other terms and conditions as the registering authority may, for securing the purpose of this Act, impose in any particulars case.

13. Renewal of registration.-

A certificate may be renewed from time to time and the provisions of this Act and the rules made there under (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof.

Provided that no certificate shall be renewed unless the application for its renewal is made not less than three months prior to the date on which the certificate, would, but for such renewal, cease to be valid :

Provided further that the registering authority may entertain an application for the renewal of a certificate which has been made at any time during the period of three months prior to the date on which the certificate would, but for so such renewal, cease to be valid if the applicant satisfies the registering authority that he had sufficient cause for not making such application before the said period.

14. Cancellation, suspension, etc,. of a certificate.-

(1) The registering authority may cancel any certificate on any one or more of the following grounds and on no other ground, namely :- That having regard to the manner in which the holder of the certificates has carried on his business or any deterioration in his financial position, the facilities at this disposal for recruitment, the holder of the certificates is not a fit person to continue to hold to the certificate.

That the holder of the certificate has recruited emigrants of purpose prejudicial to the interests of India or for purposes contrary to public policy,

That the holder of the certificate has, subsequent to the issue of he certificate, been convicted in India for any offence involving moral turpitude.

That the holder of the certificates has, subsequent to the issue of the certificate, been convicted by a court in India for any offence under this Act, the Emigration Act, 1922 (7 of 11922), or any other law relating to passport, foreign exchange, drugs, narcotics or smuggling and sentenced in respect thereof to imprisonment for not less than six months,

That the certificate has been issued or renewed on misrepresentation or super session of any material fact, that the holder of the certificate has violated any of the terms and conditions of the certificate, that in opinion of the Central Government it is necessary in the interest of friendly relations of India with any foreign country or in the interests of the general public to cancel the certificate.

Where the registering authority, for reasons to be recorded in writing, is satisfied that pending the consideration of the question of canceling any certificate on any of the grounds mentioned in sub-section (1) it is necessary so to do, the registering authority may, by order in writing, suspend the operation of the certificate for such period not exceeding thirty days as may be specified in the order and required the holder of the certificate to show cause, within fifteen days from the date of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled.

A court convicting a holder of a certificate for an offence under this Act may also cancel the certificate :

Provided that if the conviction is set aside in appeal or otherwise, the cancellation under sub-section (3) shall become void.

An order of cancellation of a certificate may be made under sub-section (3) by an appellate court or by a court exercising its power of revision.

Before passing an order canceling or suspending a certificate the registering authority or the court, as the case may be, shall consider the question as to provisions and arrangements which should be made for safeguarding the interests of emigrants and other persons with whom the holder of the certificate had any transactions in the course of his business as recruiting agent and may make such orders (including orders permitting the holder of the certificate to continue to carry on his business with respect to all or any of such emigrants and other persons) as it may consider necessary in this behalf.

Where a certificate issued to any person has been cancelled under this section, such person shall not be eligible to make any application for another certificate under this Chapter until the expiry of a period of two years form the date of such cancellation.

Chapter IV Permits for Recruitment by Employers

15. Competent authority.-

(1) The Central Government may, by notification, appoint the Protector General of Emigrants or any other officer of that Government of a rank higher than that a Protector of Emigrants to be the authority (hereinafter referred to as the competent authority) for issuing permits under this Chapter.

Notwithstanding anything contained in sub-section (1), the Central Government may, by notification, authorise any person who is employed under that Government in any country or place outside India to exercise the powers of the competent authority, and issue permits under this Chapter to employers who are not citizens of India for the purpose of recruiting any citizen of India for employment in such country or place and a person so authorised shall endorse a duly certified copy of every permit issued by him under this Chapter to the Protector General of Emigrants.

16. Recruitment by employers to be through recruiting agent or permit.-

Save as otherwise provided by or under this Act, no employer shall recruit any citizen of India for employment in any country or place outside India expect – Through a recruiting agent competent under this Act to make such recruitment, or in accordance with a valid permit issued in this behalf under this Chapter.

17. Procedure for obtaining permits.-

(1) An employer desiring to obtain a permit under this Chapter may make an application in that behalf in the prescribed form to the competent authority.

On receipt of such application, the competent authority shall, subject to any rules made in this behalf, make such inquiry as he may deem necessary and grant the permit applied for the reject the application :

Provided that before granting a permit the competent authority may require the applicant to comply with such conditions as may be prescribed, including conditions as to furnishing of security and such other conditions as that authority may, for reasons to be recorded in writing, deem necessary in the interests of the citizens of India likely to be recruited by the applicant.

Subject to the other provisions of this Act, the competent authority may reject an application under sub section (1) on any of more of the following grounds and on no other grounds, namely.- That the application is not complete in all respects or that any of the material particulars furnished in the application are not true that the terms and conditions of employment which the applicant proposes to offer to persons recruited or proposed to be recruited by him are discriminatory or exploitative, that the employment which the applicant proposes to offer involves work for a nature which in unlawful according to the laws of India or offends against the public policy of India or is volatile of norms of human dignity and decency, that having regard to the antecedents of the applicant, his financial standing, the facilities at his disposal, the working and living conditions of persons employed by him in the past, it would not be in the public interest or in the interest of the persons who may be recruited by him, to issue a permit to him.

That having regard to the prevailing circumstances in the country or in the place where the applicant proposes to employ the persons recruited by him, it would not be in the interests of any citizen of India to emigrate for taking up such employment.

Where the competent authority makes an order under sub Section (2) rejecting an application, he shall record in writing a brief statement of his reasons for making such other and furnish the applicant, on demand, a copy of the same:

Provided that if the competent authority is of the opinion that it is necessary or expedient in the interests of friendly relations with a foreign country or in the interest of the general public so to do, he may refuse to provide such copy, or, as the case may be, furnish a copy of only such parts of the statement as he may deem fit.

18. Period of validity of permit.-

A permit issued under section 17 shall be valid till the expiry of such period, not exceeding one year, as may be prescribed, from the date of issue thereof, or till the recruitment of the persons for whose recruitment such permit is issued is completed, whichever is earlier.

Provided that where the holder of the permit has been unable for sufficient cause, to complete such recruitment before the expiry of the prescribed period, the prescribed authority may, subject to rules made in this behalf, extend the period of validity of the permit by such further period or periods, not exceeding three months at a time.

19. Registration of certain permits.-

Any permit obtained from a person authorised under sub-section (2) of section 15 shall not be valid unless a certified copy thereof is filed in the prescribed manner with the Protector General of Emigrants.

20. Cancellation or suspension of a permit.-

The provisions of section 14 relating to cancellation and suspension of certificate referred to therein shall , subject to such modifications as may be necessary (including modifications for construing the references in that section to registering authority as references to competent authority under this Chapter), apply for the cancellation or suspension of a permit.

21. Power to exempt.-

The Central Government may, if satisfied that it is necessary or expedient so to do in the public interest, by notification and subject to such conditions, if any, as may be specified in the notifications, exempt any class or classes of employers from the requirement of obtaining a permit under this Chapter.

22. Requirement, etc, as to emigration clearance.-

(1) No citizen of India shall emigrate unless he obtains under this Chapter from the Protector of Emigrants authorisation in the prescribed manner and form (and authorisation being hereinafter referred to as emigration clearance ) for emigration.

An application for emigration clearance shall be in the prescribed form, shall contain the prescribed particulars and shall be made by the emigrant concerned to the Protector of Emigrants :

Provided that such application may be made through the recruiting agent, if any, through whom the emigrant has been recruited or through the employer concerned.

Every application under sub section (2) shall be accompanied by – A true copy (verified and authenticated in the prescribed manner) of the agreement with respect to the employment for taking up of which the applicant proposes to emigrate and where such agreement does not provide for all or any of the prescribed matters, also a statement (verified and authenticated in the prescribed manner) setting out the particulars with respect to such matters, a statement (verified and authenticated in the prescribed manner) as to the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant.

A receipt evidencing the payment of the prescribed fee such other relevant documents or copies or relevant documents as may be prescribed.

The Protector of Emigrants shall, after satisfying himself about the accuracy of the particulars mentioned in the application and in the other documents submitted along with the application, authorise in the prescribed manner and form, the emigration of the applicant or intimate by order in writing the applicant or, as the case may be, the recruiting agent or employer through whom the applications have been made about the deficiencies and require him to make goods such deficiencies within such time as may be specified in the order or reject the application.

Subject to the other provisions of this Act, the Protector of Emigrants may reject an application for emigration clearance under this section on any one or more of the following grounds and on no other ground, namely :- That the terms and conditions of employment which the applicant proposes to take up are discriminatory or exploitative, that the employment which the applicant proposes to take up involves work of a nature which is unlawful according to the laws of India or offends against the public policy of India or is voilative of norms of human dignity and decency, that the applicant will have to work or live in sub-standard working or living conditions, that having regard to the prevailing circumstances in the country or place where the applicant proposes to take up employment or the antecedents to the employer under whom the applicant proposes to take up employment or any other relevant circumstances, it would not be in the interest of the applicant to emigrate.

That no provision or arrangement has been made for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant, or that the provisions or arrangements made in this behalf are not adequate for the purpose.

Every order rejecting an application for emigration clearance shall set out clearly the ground or grounds on which the order has been made and the facts or circumstances on which such ground or grounds are based.

Chapter V Appeals

23. Appeals.-

(1) Any person aggrieved by – An order of the registering authority rejecting his application for registration or requiring him to furnish any security or to comply with any term or condition (not being a prescribed term or condition) specified in the certificate issued to him or suspending or canceling or refusing to renew the certificates issued to him, or an order of the competent authority rejecting his application for a permit or requiring him to comply with any terms or conditions (not being a prescribed term or condition) specified in the permit issued to him, or suspending or canceling or refusing to extend the period of the validity of the permit issued to him, or an order of the Protector of Emigrants rejecting his application for emigration clearance, or an order of the registering authority or the competent authority or the Protector of Emigrants or the prescribed authority requiring him to furnish any security, additional security of fresh security under this Act, or forfeiting or rejecting his claim for refund (whether wholly or partly in either case) of the security, the additional security or the fresh security furnished by him.

May prefer an appeal against such order to the Central Government within such period as may be prescribed.

No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore.

Provided that an appeal may be admitted after the expiry of the period prescribed therefore if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal with that period.

The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act, 1963 (36 of 1963), with respect to the computation of periods there under.

Every appeal under this section shall be made in such form as may be prescribed and shall be accompanied by a copy of the order appealed against and by such fee as may be prescribed .

The procedure for disposing of an appeal (including remand of the matter for further consideration to the authority whose order has been appealed against) shall be such as may be prescribed :

Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of representing his case.

Every order made on an appeal under this section confirming, modifying or reversing the order appealed against shall be final.

Chapter VI Offences and Penalties

24. Offences and penalties.-

(1) Whoever.- Except in conformity with the provisions of this Act emigrates, or contravenes the provisions of section 10 or section 16, or by intentionally furnishing any false information or suppressing any material information obtain a certificate or a permit or an emigration clearance under this Act, or without lawful authority makes or causes to be made any alteration in any certificate or permit or in any document or endorsement by way of emigration clearance issued or made under this Act, or disobeys or neglects to comply with any order of the Protector of Emigrants under this Act, or collects from an emigrant and charges in excess of the limits prescribed under this Act, or cheats any emigrant, shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two years with fine which may extend to two thousand rupees.

Provided that in the absence of any special an adequate reasons to the contrary to be mentioned in the judgement of the court, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees.

Whoever attempts to commit any offence under sub section (1) shall punishable with the punishment provide for such offence under that sub-section.

Whoever contravenes any term or condition subject to which any emigration clearance has been given under this Act, shall, if no other punishment is provided elsewhere in this Act for such contravention , be punishable with imprisonment for a term which may extend to one year or with fin which may extend to two thousand rupees or with both.

Whoever abets any offence punishable under this Act shall, if the act abetted is committed in consequence of the abatement, be punishable with the punishment provide for that offence.

Whoever, having been convicted of an offence under any provision of this Act is again convicted of an offence under the same provision, shall be punishable, for the second and for each subsequent offence, with double the penalty provided for that offence.

25. Offences by companies.-

(1) Where an offence under this Act has been committed by a company, every person who, at the time of the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment , if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

Notwithstanding anything contained in sub-section (1) where any offence s under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable or any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section,- “Company” means any body corporate and includes a firm or other association of individuals, and “director” in relation to firm, means a partner in the firm.

26. Offences to be cognizable .-

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974), all offences under this Act shall be cognizable.

27. Previous sanction of Central Government necessary.-

No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central Government or such officer or authority as may be authorised by that Government by order in writing in this behalf.

Provided that no sanction shall be required when an offence has been committed in respect of an emigrant or an intending emigrant and the complaint is filed by such emigrant on intending emigrant, or on behalf of such emigrant or intending emigrant, by the father, mother, husband, wife, son, daughter, brother, sister or guardian o such emigrant or intending emigrant or is such emigrant or intending emigrant is a member of a joint Hindu family, by the manager of that family.

28. Punishment to be without prejudice to any other action.-

The award of punishment for an offence under this Act shall be without prejudice to any other action which has been or which may be taken under this Act with respect to such contravention.

Chapter VII Miscellaneous

29. Determination of question as to whether a person is an emigrant. –

Where a question arises before a Protector of Emigrants as to whether a person intending to depart from India is or is not an emigrant, the Protector of Emigrants shall decide the question after holding an inquiry in such manner and upon considering such e evidence as may be prescribed and such other evidence as may be relevant, and communicate the decision to such person in the prescribed manner.

30. Power to prohibit emigration to any country in interest of the general public, etc.-

(1) Where the Central Government has reason to believe that sufficient grounds exist for prohibiting emigration to any country, having regard to the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or the interest of the general public, if may, by notification, prohibit emigration to that country.

A notification issued under sub section (1) shall have effect for such period not exceeding six months as maybe specified in the notification.

Provided that if the Central Government has reason to believe that the grounds mentioned in sub section (1) continues to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification.

31. Power to prohibit emigration due to outbreak of epidemics, civil disturbances, etc., in a country, –

(1) Where the Central Government has reason to believe, that intending emigrants if allowed to emigrate to any country would be exposed to serious risk to life on arrival there by reason of-

(I) outbreak of any disease or grave pollution of environment in such country,

(ii) Outbreak of hostilities or civil war or civil commotion or political disturbances, that by reason of India not being in diplomatic relations with that country it is not possible to protect the emigrants from discrimination, maltreatment and exploitation, it may, by notification, prohibit emigration to that country.

A notification issued under sub section (1) shall have effect for such period mot exceeding six months as may be specified in the notification :

Provided that if the Central Government has reason to believe that any ground mentioned in sub section (1) continues to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasions , as may be specified in the notification.

32. Power to prohibit emigration of any class or category of persons.-

(1) Where the Central Government considers that in the interest of the general public, emigration of any class or category of persons, having regard to their age, sex or other relevant factors, to any country should be prohibited, it may, by notification, prohibit the emigration to such country of such class or category of persons as may be specified in the notification.

A notification issued under sub section (1) shall have effect for such period not exceeding six months as may be specified in the notification :

Provided that if the Central Government has reason to believe that any of the grounds mentioned in sub section (1) continues e to exist, it may, from time to time, by notification, prohibit emigration of such class or category of persons to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification.

33. Provisions as to security.-

(1) Any security or other financial provision which may be required to be made under this Act shall be reasonable having regard to the purpose for which such security or other financial provision is required to be made.

The prescribed authority may, after giving notice in the prescribed manner to a person who has furnished any security for any purpose and after giving to such person an opportunity to represent his case, by order in writing, direct that the whole or any part of such security may be forfeited for being utilised for such purpose and in such manner as may be specified in the order.

Where it appears to the prescribed authority that the security furnished by any person under this Act for any purpose has, for any reason, become inadequate, or has ceased to be available for any reason whatsoever, the prescribed authority may, after giving him an opportunity to represent his case, by order in writing, require such person to furnish such additional security or, as the case may be, such fresh security as may be specified in the order.

34. Refund of security.-

Any security furnished under this Act shall be refunded or, as the case may be, released, when no longer required for the purpose for which it has been furnished and the other circumstances in which and the manner in which any security furnished under this Act may be released or refunded shall be such as may be prescribed.

35. Power to search, seize and detain persons, conveyance etc.-

All the powers for the time being conferred by the Customs Act, 1962 (52 of 1962), on officers of customs with regard to the searching and detention of persons, vessels or aircraft or any other conveyance, or seizure of any document or thing or arrest of any person or otherwise for the purpose of prevention or detection of any offence under that Act or for apprehending a person suspected to have committed any offence under that Act may be exercised for the purpose of prevention or detection of any offence under this Act or for apprehending a person suspected to have committed any offence under this Act, by- any such officer of customs, or the Protector General of Emigrants a Protector of Emigrants, or an officer in charge of an emigration check-post.

36. Returns and registers.-

(1) Every recruiting agent shall maintain such registers and other records and shall submit to the prescribed authorities such periodical or other returns as may be prescribed.

The Protector General of Emigrants, the registering authority, the competent authority or a Protector of Emigrants may, by order, call for any other return or information from a recruiting agent.

The Protector General of Emigrants, the registering authority, the competent authority or a Protector of Emigrants or an officer in charge of an emigration check-post may inspect any register or other record maintained by a recruiting agent under sub section (1) and for the purpose of such inspection, enter, at any reasonable time, the business premises of a recruiting agent.

37. Authorities and officers to have certain powers of civil court.-

(1) The Protector General of Emigrants, the registering authority, the competent authority and every Protector of Emigrants shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 ( 5 of 1908) while trying a suit, in respect of the following matters, namely :- Summoning and enforcing the attendance of witnesses, requiring the discovery and production of any document requisitioning any public record or copy thereof from any court or office, receiving evidence on affidavits, and issuing commissions for the examinations of witnesses or documents.

Every proceeding before the Protector General of Emigrants, or the registering authority or the competent authority of a Protector of Emigrants shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Protector General of Emigrants, the registering authority, the competent authority, and every Protector of Emigrants shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the code of Criminal Procedure, 1973 (2 of 197 4).

38. Power to give directions.-

The Central Government may give directions to the Protector General of Emigrants, the registering authority, the competent authority or any Protector of Emigrants as to the carrying into execution of any provision of this Act.

39. Effect of other laws.-

(1) The provisions of this Act or any rule made there under shall have effect notwithstanding anything inconsistent therewith contained in any enactment or other than this Act or in any agreement or other instrument having effect by virtue of any enactment other than this Act.

Save as provided in sub-section (1), the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

40. Delegation.-

The Central Government may, by notification direct that any power or function.- Which may be exercised or performed by it under this Act, or which may be exercised or performed by a registering authority, competent authority or a Protector of Emigrants under this Act, may, in relation to such matters, and subject to such conditions, if any, as it may specify in the notification, be also exercised or performed. –

(i) By such officer or authority subordinate to the Central Government, or

(ii) By any State Government or by any officer or authority subordinate to such state Government, or

(iii) In nay foreign country in which there is no diplomatic mission of India, by such foreign consular office, as may be specified in the notification.

41. Power to exempt.-

(1) Where the Central Government, on a reference made to it or otherwise, is satisfied that having regard to – The friendly relations with any foreign country, or the known reputation of any foreign employer or class of foreign employers, for providing to emigrants standard conditions of living and working, and their methods of recruitment and conditions of employment, or the methods of recruitment followed and the conditions of employment provided by a public undertaking or an approved concern for the execution of its projects abroad, or the facilities and conditions of service provided by Government officers posted abroad to their domestic servants accompanying such Government officers, where the expenditure in respect of the passage of such domestic servant is borne by the Government, and all other relevant considerations,

It is necessary or expedient in the public interest so to do the Central Government may, by notification, and subject to such conditions, if any, as may be specified in the notification, exempt form the operation of all or any of the provisions of this Act, such foreign dignitary or class or foreign employers, public undertaking, approved concern or Government officers.

Explanation.- For the purposes of this sub section – “Public under taking” means-

(i) An undertaking owned and controlled by Government, or

(ii) A Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), or

(iii) A body corporate established by or under any Central, Provincial or State Act, “approved concern” means such company incorporated under the Companies Act, 1956 (1 of 1956) or partnership firm registered under the Indian Partnership Act, 1932 (9 of 1932) or society registered under the Societies Registration Act, 1860 (21 of 1860) or any other law relating to societies for the time being in force in any State, or co-operative society registered under any Central, Provincial or State law, as the Central Government may, by notification, approve for the purpose of this section.

If the Central Government is satisfied that it is necessary for implementing any treaty, agreement or convention between India and a foreign country or foreign countries so to do, it may, by notification, and subject to such conditions, if any, as may be specified in the notification, exempt from the operation of all or any of the provisions of this Act, recruitment by such authorities, agencies or persons as may be specified in the notification either generally or for such purposes as may be specified in the notification.

42. Act not to apply to certain emigrants.-

Nothing contained in this Act shall be deemed to apply to – The recruitment or emigration of any person who is not a citizen of India the control of recruiting in India for the service of foreign States to which the Foreign Recruitment Act, 1874 ( 4 of 1874) applies.

43. Power to make rules.-

(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

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:- The powers and duties of officers and employees appointed for the purposes of this Act and the terms and conditions of their service, the form of a certificate to commence or carry on the business of recruitment, and of an application for the issue or renewal thereof (ii) a permit for the recruitment of persons for employment outside India, and of an application for the issue thereof.

An application for emigration clearance, an appeal to be preferred to the Central Government, the matters and form in which an authorisation by way of emigration clearance may be given, particulars to be contained in an application for a certificate or a permit or for an emigration clearance, the manner in which different inquiries required to be held under this Act may be held the manner in which the amount of security for securing the due performance of the terms and conditions of the certificate of permit or for compliance with the provisions of this Act shall be furnished.

The manner of verifying or authenticating documents and copies of documents for the purposes of this Act,

The procedure to be followed in hearing an appeal preferred to the Central Government

The fees to be paid in respect of applications and other matters under this Act,

The charges which a recruiting agent may re cover from an emigrant in respect of services rendered and the scales and limits of such charges.

The terms and conditions subject to which a certificate or a permit or an emigration clearance may be issued under this Act,

The period of the validity of a certificate or a permit issued under this Act,

The authority competent to extend the period of validity of a permit or to forfeit security or to require any additional security or fresh security under this Act,

The accommodation, the provisions, the medical stores and staff, the life saving and sanitary arrangements and other provisions and arrangements for the well-being, security and protection of emigrants which shall be provided and the records which shall be maintained in any emigrant conveyance.

Any other matter which is required to be , or may be, prescribed.

44. Notifications and rules to be laid before Parliament.-

Every notification issued under clause (o) of sub section (1) of section (2), section 30, section 31 or section 32 and every rule made under section 43 shall be laid, as soon as may be after it is issued or 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or the rule or both Houses agree that the notification or the rule should not be issued or made, the notification or the rule shall thereafter have effect only in such modified form or be of no effect, as he case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

45. Repeal of Act 7 of 1922-

The Emigration Act, 1922 is hereby repealed.

Rules

1.Short title and commencement.-

(1) These rules may be called the Emigration Rules, 1983.

They shall come into force on the date of their publication in the official Gazette.

2. Definitions.-

In these rules unless the context otherwise requires,- “Act” means the Emigration Act, 1983 (31 of 1983), “Certificate” means a certificate issued under Section 11 of the Act, “Competent Authority” means competent authority notified by Central Government under Section 15 of the Act, “demand” means the category wise, skill wise number of workers required by the employer for being employed in his establishment. This includes description of job-specifications and salary offered, “emigration number” means the number assigned by the Protector of Emigrants to an emigrant at the time of granting emigration clearance.

“Form” means a Form annexed to these rules, “permit” means a permit issued under Chapter IV of the Act, remittable component” means a part of the wages which the emigrant is entitled to remit to India “unauthorized emigrant” means any person who has emigrated or intends to emigrate out of India for employment in violation of the provisions of the Act and the rules.

Dependent of an emigrant.- (1) A person who claims to be the dependent of an emigrant shall be required to produce in support of his claim a certificate to this effect from the District Magistrate or a revenue authority not below the rank of Tehsildar of the place where the emigrant ordinarily resides or domiciles.

Determination of the purpose of visit to dependent shall be carried out with reference to the nature of the visa, sponsorship certificate and such other travel documents as may be considered necessary.

Emigrants conveyance.- Any conveyance, especially chartered, for conveyance of emigrant or employed generally for conveying emigrants exceeding two in number shall be deemed to be emigrant conveyance.

Recruiting agent representing the employer.- The representation of an employer by a recruiting agent shall be determined with reference to the power of attorney given by the employer to the recruiting agent. The representation shall be limited for purpose mentioned in the power of attorney. Such power of attorney unless limited in time by an express provision shall be valid (for the period of validity of the certificate of registration of the recruiting agent unless the same is withdrawn earlier).

Inspection of an emigrant’s conveyance.- (1) If the Protector of Emigrants has reason to believe that a conveyance is an conveyance he may inspect such conveyance with a view to detecting the presence of unauthorized emigrants in the conveyance or for obtaining such evidence as may be necessary for protecting the interests of emigrants and he may, with such assistance, as he may think fit,- Enter such conveyance at any time,

(ii) Require the production of registration certificate of the conveyance, log book and list of passengers, and take such other evidence and examine any person as he may deem necessary.

Person having the general management or control of the conveyance shall provide such means as may be required by the Protector of Emigrants for inspection under sub-rule (1).

Registration of recruiting agent.- An application for registration of a recruiting agent shall be made in Form I and shall be accompanied by- A bank draft of (five hundred rupees) payable in favour of the Protector General of Emigrants towards the application fee, and an affidavit in Form II annexed sworn before a Metropolitan Magistrate or a Judicial Magistrate or Judicial Magistrate giving the applicant’s current financial standing.

Registration of recruiting agent.- An application for registration of a recruiting agent shall be made in Form I and shall be accompanied by- Bank draft of (five hundred rupees) payable in favour of the Protector General of Emigrants towards the application fee, and

(ii) An affidavit in form II and annexed sworn before a Metropolitan Magistrate or a Judicial Magistrate or Judicial Magistrate giving the applicant’s current financial standing.

3. Amount of security.-

(1) Determination of the amount of security deposit under sub-section (3) of Section 11 shall be done with reference to the estimated number of persons to be recruited by an applicant during the period for which the registration is applied for in accordance with the following scale,-

(i) upto 300 workers Rs.3 lakh

(ii) 301 to 1000 workers Rs.5 lakh

(iii) 1001 and above Rs.10 lakh)

In the event of the recruitment of the specified getting completed before the date of expiry of the certificate, the holder of the certificate may be permitted by the Registering Authority to continue recruitment upto the date of expiry of the certificate on furnishing additional security in accordance with the scale prescribed after reckoning the total number of persons to be recruited, including the already recruited.

4. Validity of certificate.-

A certificate shall be valid for a period of three years : Provided that a certificate may be issued for a shorter period – If the person to whom it is issued so desires, or if the registering authority, for reasons to be communicated in writing to the applicant for the certificate, considers in any case that the certificate, should be issued for a shorter period.

5. Renewal of Certificate.-

An application for renewal of certificate under Section 13 shall be in Form X and shall be accompanied by a bank draft of (five hundred rupees) payable in favour of the Pay and Accounts Officer, Ministry of Labour (Main Secretariat), New Delhi, towards the application fee).

6. Terms and conditions of the certificate.-

(1) The registration certificate shall be subject to the following terms and conditions.- This certificate shall be valid for a period specified in the certificate the certificate shall not be transferable the holder of the certificate shall conduct the business under his own hand and seal a photocopy of registration certificate shall be displayed prominently at a conspicuously place of business the certificate shall be made available for inspection to the emigration authorities, law enforcement authorities and employers, the certificate shall be produced on demand for satisfaction of the bona fides of the recruiting agent, when such demand is made by an emigrant, the holder of the certificate shall conduct the business from the place indicated in certificate. For opening a recruitment center at a place other than the place indicated in the certificate, the holder of the certificate shall obtain the prior permission of the registering authority (or an officer specially authorised by the registering authority), the holder of the certificate shall not employ sub-agents for the purpose of conducting or carrying on his business, and the holder of the certificate shall maintain the following records at his place of business and shall make them available for inspection on demand by Protector General of Emigrants or the Protector of Emigrants,- A register of receipt of charges from emigrants recruited, in the form of an original acquittance roll containing the signature of each emigrant from whom the charge has been received. Each such register shall be with reference to a demand for recruitment. The register shall be maintained as permanent records, a register and records of the amount and Pre-paid Ticket Advices along with their photo copies received from the employers, identified demand wise, a register containing details of expenses incurred on the recruitment of emigrants demand wise supported by the documents, individual folders for each employer whose demand of labour, the holder of the certificate has processed, proposes to process or is processing, bio-data of each emigrant recruited by the holder of the certificate, copies of employment contracts of each emigrant as authenticated by the Protector of Emigrants,

Original demand letter, power of attorney and correspondence with the employers, All documents relating to the recruitment of emigrants, including office copies of all advertisements issued, letters of interview and correspondence with the applicants, original award sheets leading to the selection, names and addresses of persons involved in the selection process, copies of letters of appointments, trade-testing particulars.

A register of visas received from the employers, giving separate account of block and individual visas.

A register of claims for all compensations, (including for injury or death) made by the emigrants or their dependents, recruited by the holder of the certificate giving the name, address of the emigrant, emigration number , country of employment, nature of compensation (including the details in regard to the circumstances leading to the claim), address of the recipients and the name and address of the employer, and the receipt in original in token having made the payment of compensation, and Such other records as may be required to be maintained by the registering authority.

The holder of certificate shall file a return every month in Form IV to the Protector General of Emigrants or the Protector of Emigrants specified by the Protector General in this behalf, by the 10th of the succeeding month.

Copy of each advertisement for recruitment of the emigrants shall be endorsed to the Protector of Emigrants

The holder of the certificate shall ensure that the employer observes the terms and conditions of the contracts, and

The holder of the certificate shall not charge any amount from the emigrant towards the repatriation expenses

The Certificate shall be in Form V.

7. Permits for recruitment by employers.-

(1) Application for permits. The application for issue of the permits for recruitment by foreign employers shall be in Form VI.

The application for issue of permits for recruitment by Indian employers for foreign hobs shall be in Form VII.

8. Conditions of permit.-

The permit shall be subject to he following conditions, namely :- (i) The permit is not transferable

The permit is valid for a period of six months from the date of issue or the date of completion of the recruitment whichever is earlier.

Workers recruited on the strength of his permit shall not be repatriated on the ground that they do not possess the required skill

The holder of the permit shall not obtain the assistance of recruiting agent in any manner.

The employment agreement with the worker shall be signed by the holder of the permit.

The holder of the permit shall be under obligation to treat the contract entered into with the worker as enforceable under the Labour Laws of the country of employment. It shall be his responsibility to file the copies of the contracts with the concerned authorities in the country of employment.

The holder of the permit shall not supply manpower recruited on the strength of this permit to any other agency or concern.

The holder of the permit shall be responsible for the general welfare and redresser of specific grievances of the workers recruited on the strength on the permit during the period of contract.

The holder of the permit shall not extend the services of a worker after the expiry of a contract without entering into a fresh contract or without extending the existing contract.

The holder of the permit shall notify to the Indian Mission in the country f employment each case of death or disability of a worker within 48 hours of the occurrence of the event. Similarly information should be communicated to the next of kin in India in case of disability/death within 48 hours.

The holder of the permit is prohibited from supplying manpower for a work in another country to a country other than the country from which the permit has been issued.

9. Issue of permit.-

(1) on receipt of the application, the competent authority may verify the facts contained in the application and may make the following enquiries to ascertain that the terms and conditions of employment are not discriminatory or exploitative.- The basis on which the demand has been computed the principal on which skill have been classified job contents of a post required to be filled scope of future prospects in various categories of jobs structure of supervisory control, grievances procedure followed, and general reputation of the applicant and reports of specific misconduct, if any

A permit issued under Section 17 of the Act shall be in Form VIII and shall be valid for a period of (one year) from the date of its issue or till the recruitment of the persons for whose recruitment such permit is issued is completed, whichever is earlier.

In case of the employer is not able to complete the recruitment within six months, then he may make an application under Section 18 of the Act for an extension of the period of validity of the permit, stating the reasons therein for not completing the recruitment within the prescribed period. The prescribed authority may extend the validity of the permit by such further period as it may think fit but not exceeding three months at a time.

(1) A foreign employer who has been granted a permit under sub-section (2) of Section 15 of the Act shall on arrival in India submit to the Protector General of Emigrants a certified copy of the permit and thereafter may proceed to make recruitment.

Where the permit under sub-section (2) of Section 15 has been issued for recruitment of persons not more than two in number and where such recruitment is being made on the basis of postal communication or personal contact, a copy of the permit certified by the Indian Mission in the country of employment can be filed by such person himself.

10. Application for emigration clearance.-

(1) Every application made under sub-section (2) of Section 22 of the Act shall be made in Form IX by the applicant directly or through the recruiting agent if any or through the employer concerned and shall be accompanied by,- A true copy of the demand verified and authenticated by the Indian Mission in the country of employment a true copy of the power of attorney given by the employer to the recruiting agent verified and authenticated by the Indian Mission I the country of employment.

A true copy of the agreement under sub section (3) of Section 22 of the Act verified and authenticated by the Indian Mission in the country of employment

A statement setting out the particulars of matters prescribed under sub-rule (2) and not provided in the agreement.

A statement of additional conditions, if any

A statement as to the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant. This statement shall be verified and authenticated by the Recruiting Agent in case the applicant is recruited by him, and

A demand draft of rupees one hundred, drawn in favour of the Protector General of Emigrants as fee for emigration clearance.

An agreement under sub-section (3) of Section 22 shall provide for the following matters :- Period of employment/place of employment, wages and other conditions of service free food or food allowance provision free accommodation provision in regard to disposal, or transportation to India, of dead body of the emigrant, working hours, overtime allowance, other working conditions, leave and social security benefits as per local labour laws to-and-fro air-passage at the employers cost and mode of settlement of disputes Emigration clearance under sub section (1) of section 22 of the Act shall be given (by making) an entry in corporation grant of emigration clearance to an emigrant for the country of employment for the period of contract and the attestation number of the Mission on the demands should be made in the passport of the emigrant by the Protector of Emigrants.

11. Direct recruitment by foreign employer.-

(1) Where an emigrant has been recruited directly by a foreign employer, the emigrant shall be required to deposit one way return fare calculated form the place of employment to the place of origin on the basis of the International Air Transport Association fare structure as security.

Where the liability for bearing the cost of repatriation falls on the emigrant, security deposited by him under sub-rule (2) shall be utilised for his repatriation on the orders of the Protector of Emigrants.

12. Form of appeal.-

(1) Every appeal presented to the Central Government under Section 23 of the Act shall be in the form of a memorandum signed by the appellant. The memorandum shall be in triplicate and accompanied by a copy of the order appealed against and a demand draft of (rupees one hundred) drawn in favour of the Union of India towards the fee for the appeal.

The Memorandum shall set forth concisely the grounds of objection to the order appealed against and such ground shall be numbered consecutively, and shall specify- (i) The address at which notices or other processes may be served on the appellant, and the date on which the order appealed against was served on the appellant.

Where the memorandum is presented after the expiry of the period of thirty days referred to in sub section (2) of section 23, it shall be accompanied by a petition, in triplicate, duly verified and supported by the documents, if any, relied upon by the appellant, showing cause how the appellant had been prevented from preferring the appeal with the said period of thirty days.

Any notice required to be served on the appellant shall be served on him in the manner prescribed in Rule 18, at the address for service specified in the memorandum.

13. Procedure before the appellant authority.-

(1) on receipt of an appeal under Rule 18, the Appellate Authority shall send a copy of the memorandum of appeal to the registering authority or the competent authority or the Protector of Emigrants or the prescribed authority against whose order the appeal has been presented.

The Appellate Authority shall the issue notices to the appellant and the registering authority or the competent authority or the Protector Emigrants or the prescribed authority, as the case may be, fixing a date for hearing of the appeal.

On the date fixed for the hearing of the appeal, or any other day to which the hearing of the appeal may be adjourned, the appellant as well as the representative of the registering authority or the competent authority or the Protector of Emigrants or the prescribed authority, as the case may be, shall be heard.

Where on the date fixed, or any other day to which the hearing of the appeal may be adjourned, the appellant fails to appear when the appeal is called on for hearing, the Appellate Authority may decide the appeal on the basis of the records of the case.

14. Contents of the order in appeal.-

The order of Appellate Authority shall be in writing and shall state briefly the grounds for the decision and shall also be signed by the Appellate Authority.

15. Representation of party.-

Any person who has filed an appeal under section 23 of the Act may appoint a pleader, advocate or any other person to appear, plead and act on his behalf before the Appellate Authority.

16. Procedure for deciding emigrant status.-

Where a question arises before a Protector of Emigrants as to whether a person intending to depart from India is or is not an emigrant shall be decided by the Protector of Emigrants after holding an enquiry in the following manner:- He may require the presence of the concerned person on an appointed day and time, he may also require the concerned person to produce evidence relating to the present occupation his financial status and Income certificate of sponsorship from the foreign country the source of financing of the journey the source of the receipt of foreign exchange, and thereafter he shall pass speaking order and copy of the same shall be provided to the person concerned and an endorsement to this effect shall be made in the passport.

17. Forfeiture of security deposit.-

Where the competent authority or the registering authority has reason to believe that it is expedient to forfeit the whole or any part of security furnished by any person for being utilized for such purpose and in such manner as may be specified in the order, he may, after giving a notice to this effect to such person and thereafter giving him an opportunity to represent his case, by order in writing, forfeit the whole or any part of the security.

18. Authorities and officers to have certain power of civil courts.-

(1) The protector General of Emigrants, the registering authority, the competent authority and every Protector of Emigrants shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely :- Summoning and enforcing the attendance of witnesses, requiring any public record or copy thereof, from any court or office, requisitioning any public record or copy thereof from any court or office receiving evidence on affidavits, and issuing commissions for the examination of witnesses or documents.

Every proceeding before the Protector General of Emigrants, or the registering authority or the competent authority or a Protector of Emigrants shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Protector of Emigrants, the registering authority, the competent authority, and every Protector of Emigrants shall be deemed to be a civil court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure , 1973.

19. Service charges.-

The charges which the recruiting agent may recover from an emigrant in respect of services rendered shall not exceed (rupees five thousand in the case of skilled workers, rupees three thousand in the case of semi skilled workers, rupees two thousand in the case of unskilled workers and other than the above categories rupees ten thousand) for which the recruiting agent shall give a receipt to the emigrant.

20. Service of notice and orders.-

A notice or an order issued under these rules shall be served on any person in the following manner, that is so to say by delivering or tendering the notice or order to that person or his duly authorised agent, or by sending a notice or order to him by Registered Post with acknowledgement due the address of his place or residence or his last known place of residence or the place where he carries out or last carried out business or personally works or last worked for gain, or if the notice or order cannot be served under clause (a) or clause (b) by affixing it on the outer door or some other conspicuous part of the premises in which that person resides or is know to have last resided, or carries out or last carried out business or personally works or last worked for gain and that written report thereof should be witnessed by two persons.

20A. Withdrawal of the Certificate of Registration of Recruiting Agent during Suspension.-

Where an order suspending the operation of the registration certificate of the recruiting agent has been issued by registering authority, under sub-section (2) of Section 14 of the Act, the certificate of that recruiting agent may be withdrawn by the registering authority, for the period for which the suspension of certificate has been ordered and for the periods of further extensions of suspension of such certificate, if any.

Bydeb

The Foreign Exchange Management Act, 1999

1. Short title, extent, application and commencement – 

ACT NO. 42 OF 1999

[29th December, 1999.]

An Act to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:-

1. This Act may be called the Foreign Exchange Management Act, 1999.

2. It extends to the whole of India.

3. It shall also apply to all branches, offices and agencies outside India owned or controlled by a person resident in India and also to any contravention there under committed outside India by any person to whom this Act applies.

4. It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint:

 Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

————————–

1. Came into force on 1-6-2000, vide G.S.R. 371(E), dated 1st May, 2000.

2. Definitions –

In this Act, unless the context otherwise requires,-

(a) “Adjudicating Authority” means an officer authorised under subsection

(1) of section 16;

(b) “Appellate Tribunal” means the Appellate Tribunal for Foreign

Exchange established under section 18;

 (c) “Authorised person” means an authorised dealer, money changer, off-shore banking unit or any other person for the time being authorised under sub-section (1) of section 10 to deal in foreign exchange or foreign securities;

(d) “Bench” means a Bench of the Appellate Tribunal;

(e) “Capital account transaction” means a transaction which alters the assets or liabilities, including contingent liabilities, outside India of persons resident in India or assets or liabilities in India of persons resident outside India, and includes transactions referred to in subsection (3) of section 6;

 (f) “Chairperson” means the Chairperson of the Appellate Tribunal;

(g) “Chartered accountant” shall have the meaning assigned to it in clause

(b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949);

 (h) “Currency” includes all currency notes, postal notes, postal orders, money orders, cheques, drafts, travelers cheques, letters of credit, bills of exchange and promissory notes, credit cards or such other similar instruments, as may be notified by the Reserve Bank;

(i) “Currency notes” means and includes cash in the form of coins and bank notes;

(j) “Current account transaction” means a transaction other than a capital account transaction and without prejudice to the generality of the foregoing such transaction includes,-

(i) Payments due in connection with foreign trade, other current business, services, and short-term banking and credit facilities in the ordinary course of business,

(ii) Payments due as interest on loans and as net income from investments,

(iii) Remittances for living expenses of parents, spouse and children residing abroad, and

(iv) Expenses in connection with foreign travel, education and medical care of parents, spouse and children;

(k) “Director of Enforcement” means the Director of Enforcement appointed under sub-section (1) of section 36;

(l) “Export”, with its grammatical variations and cognate expressions, means,-

(i) The taking out of India to a place outside India any goods, (ii) Provision of services from India to any person outside India;

 (m) “Foreign currency” means any currency other than Indian currency;

 (n) “Foreign exchange” means foreign currency and includes,-

(i) Deposits, credits and balances payable in any foreign currency,

(ii) Drafts, travelers cheques, letters of credit or bills of exchange, expressed or drawn in Indian currency but payable in any foreign currency,

(iii) Drafts, travelers cheques, letters of credit or bills of exchange drawn by banks, institutions or persons outside India, but payable in Indian currency;

(o) “Foreign security” means any security, in the form of shares, stocks, bonds, debentures or any other instrument denominated or expressed in foreign currency and includes securities expressed in foreign currency, but where redemption or any form of return such as interest or dividends is payable in Indian currency;

(p) “Import”, with its grammatical variations and cognate expressions, means bringing into India any goods or services;

(q) “Indian currency” means currency which is expressed or drawn in Indian rupees but does not include special bank notes and special one rupee notes issued under section 28A of the Reserve Bank of India Act, 1934 (2 of 1934);

(r) “Legal practitioner” shall have the meaning assigned to it in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1961);

(s) “Member” means a Member of the Appellate Tribunal and includes the Chairperson thereof;

(t) “Notify” means to notify in the Official Gazette and the expression notification” shall be construed accordingly;

(u) “Person” includes-

An individual, A Hindu undivided family,

(i) A company,

(ii) A firm,

(iii) An association of persons or a body of individuals, whether incorporated or not,

 (iv) Every artificial juridical person, not falling within any of the preceding sub-clauses, and

(v) Any agency, office or branch owned or controlled by such person;

 (v) “Person resident in India” means-

(v) A person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year but does not include;-

(A) A person who has gone out of India or who stays outside India, in either case-

 (a) For or on taking up employment outside India, or

(b) For carrying on outside India a business or vocation outside India, or

(c) For any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period;

(B) A person who has come to or stays in India, in either case, otherwise than-

(a) For or on taking up employment in India, or

(b) For carrying on in India a business or vocation India, or

(c) For any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period;

(i) Any person or body corporate registered or incorporated in India,

(ii) An office, branch or agency in India owned or controlled by a person resident outside India,

(iii) An office, branch or agency outside India owned or controlled by a person resident in India;

(w) “Person resident outside India” means a person who is not resident in India;

 (x) “Prescribed” means prescribed by rules made under this Act;

 (y) “Repatriate to India” means bringing into India the realised foreign exchange and-

 (i) The selling of such foreign exchange to an authorised person in India in exchange for rupees; or (ii) The holding of realised amount in an account with anauthorised person in India to the extent notified by the Reserve Bank, and includes use of the realised amount for discharge of a debt or liability denominated in foreign exchange and the expression “repatriation” shall be construed accordingly;

(z) “Reserve Bank” means the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934);

(za) “Security” means shares, stocks, bonds and debentures, Government securities as defined in the Public Debt Act, 1944 (18 of 1944), savings certificates to which the Government Savings Certificates Act, 1959 (46 of 1959) applies, deposit receipts in respect of deposits of securities and units of the Unit Trust of India established under sub-section (1) of section 3 of the Unit Trust of India Act, 1963 (52 of 1963) or of any mutual fund and includes certificates of title to securities, but does not include bills of exchange or promissory notes other than Government promissory notes or any other instruments which may be notified by the Reserve Bank as security for the purposes of this Act;

(zb) “Service” means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, medical assistance, legal assistance, chit fund, real estate, transport, processing, supply of electrical or other energy, boarding or lodging or both, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;

 (zc) “Special Director (Appeals)” means an officer appointed under section 1 8;

(zd) “Specify” means to specify by regulations made under this Act and the expression “specified” shall be construed accordingly;

(ze) “Transfer” includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien.

3. Dealing in foreign exchange, etc. – 

Save as otherwise provided in this Act, rules or regulations made thereunder, or with the general or special permission of the Reserve Bank, no person shall-

(a) Deal in or transfer any foreign exchange or foreign security to any person not being an authorised person; (b) Make any payment to or for the credit of any person resident outside India in any manner;

(c) Receive otherwise through an authorised person, any payment by order or on behalf of any person resident outside India in any manner;

Explanation.– For the purpose of this clause, where any person in, or resident in, India receives any payment by order or on behalf of any person resident outside India through any other person (including an authorised person) without a corresponding inward remittance from any place outside India, then, such person shall be deemed to have received such payment otherwise than through an authorised person;

(d) Enter into any financial transaction in India as consideration for. or in association with acquisition or creation or transfer of a right to acquire, any asset outside India by any person.

 Explanation. – For the purpose of this clause, “financial transaction” means making any payment to, or for the credit of any person, or receiving any payment for, by order or on behalf of any person, or drawing, issuing or negotiating any bill of exchange or promissory note, or transferring any security or acknowledging any debt.

4. Holding of foreign exchange, etc.

Save as otherwise provided in this Act, no person resident in India shall acquire, hold, own, possess or transfer any foreign exchange, foreign security or any immovable property situated outside India

5. Current account transactions –

Any person may sell or draw foreign exchange to or from an authorised person if such sale or drawal is a current account transaction:

Provided that the Central Government may, in public interest and in consultation with the Reserve Bank, impose such reasonable restrictions for current account transactions as may be prescribed

 Comments

Any person can sell or draw foreign exchange to or from an authorised person provided that such sale or drawal is a current account transaction. The Central Government can, in public interest and in consultation with the Reserve Bank, impose reasonable restrictions for such transactions.

6. Capital account transactions –

(1) Subject to the provisions of sub-section (2), any person may sell or draw foreign exchange to or from an authorised person for a capital account transaction.

(2) The Reserve Bank may, in consultation with the Central Government, specify-

(a) Any class or classes of capital account transactions which are permissible;

(b) The limit up to which foreign exchange shall be admissible for such transactions:

 Provided that the Reserve Bank shall not impose any restriction on the drawal of foreign exchange for payments due on account of amortization of loans or for depreciation of direct investments in the ordinary course of business.

(3) Without prejudice to the generality of the provisions of sub-section (2), the Reserve Bank may, by regulations prohibit, restrict or regulate the following,-

(a) Transfer or issue of any foreign security by a person resident in India;

 (b) Transfer or issue of any security by a person resident outside India;

 (c) Transfer or issue of any security or foreign security by any branch, office or agency in India of a person resident outside India;

(d) Any borrowing or lending in foreign exchange in whatever form or by whatever name called;

 (e) Any borrowing or lending in rupees in whatever form or by whatever name called between a person resident in India and a person resident outside India;

(f) Deposits between persons resident in India and persons resident outside India;

 (g) Export, import or holding of currency or currency notes;

(h) Transfer of immovable property outside India, other than a lease not exceeding five years, by a person resident in India;

(i) Acquisition or transfer of immovable property in India, other than a lease not exceeding five years, by a person resident outside India;

(j) Giving of a guarantee or surety in respect of any debt, obligation or other liability incurred,-

(i) By a person resident in India and owed to a person resident outside India; or

(ii) By a person resident outside India.

(4) A person resident in India may hold, own, transfer or invest in foreign currency, foreign security or any immovable property situated outside India if such currency, security or property was acquired, held or owned by such person when he was resident outside India or inherited from a person who was resident outside India.

(5) A person resident outside India may hold, own, transfer or invest in Indian currency, security or any immovable property situated in India if such currency, security or property was acquired, held or owned by such person when he was resident in India or inherited from a person who was resident in India.

(6) Without prejudice to the provisions of this section, the Reserve Bank may by regulation prohibit, restrict, or regulate establishment in India of a branch, office or other place of business by a person resident outside India, for carrying on any activity relating to such branch, office or other place of business.

7. Export of goods and services –

(1) Every exporter of goods shall; –

(a) Furnish to the Reserve Bank or to such other authority a declaration in such form and in such manner as may be specified, containing true and correct material particulars, including the amount representing the full export value or, if the full export value of the goods is not ascertainable at the time of export, the value which the exporter, having regard to the prevailing market conditions, expects to receive on the sale of the goods in a market outside India;

(b) Furnish to the Reserve Bank such other information as may be required by the Reserve Bank for the purpose of ensuring the realisation of the export proceeds by such exporter.

 (2) The Reserve Bank may, for the purpose of ensuring that the full export value of the goods or such reduced value of the goods as the Reserve Bank determines, having regard to the prevailing market conditions, is received without any delay, direct any exporter to comply with such requirements as it deems fit.

(3) Every exporter of services shall furnish to the Reserve Bank or to such other authorities a declaration in such form and in such manner as may be specified, containing the true and correct material particulars in relation to payment for such services.

8. Realisation and repatriation of foreign exchange –

Save as otherwise provided in this Act, where any amount of foreign exchange is due or has accrued to any person resident in India such person shall take all reasonable steps to realise and repatriate to India such foreign exchange within such period and in such manner as may be specified by the Reserve Bank.

 9. Exemption from realisation and repatriation in certain cases – 

The provisions of sections 4 and 8 shall not apply to the following, namely:-

(a) Possession of foreign currency or foreign coins by any person up to such limit as the Reserve Bank may specify;

(b) Foreign currency account held or operated by such person or class of persons and the limit up to which the Reserve Bank may specify;

 (c) Foreign exchange acquired or received before the 8th day of July, 1947 or any income arising or accruing thereon which is held outside India by any person in pursuance of a general or special permission granted by the Reserve Bank;

 (d) Foreign exchange held by a person resident in India up to such limit as the Reserve Bank may specify, if such foreign exchange was acquired by way of gift or inheritance from a person referred to in clause (c), including any income arising there from;

(e) Foreign exchange acquired from employment, business, trade, vocation, services, honorarium, gifts, inheritance or any other legitimate means up to such limit as the Reserve Bank may specify; and

(f) Such other receipts in foreign exchange as the Reserve Bank may specify.

10. Authorised person –

(1) The Reserve Bank may, on an application made to it in this behalf, authorise any person to be known as authorised person to deal in foreign exchange or in foreign securities, as an authorised dealer, money changer or off-shore banking unit or in any other manner as it deems fit.

(2) An authorisation under this section shall be in writing and shall be subject to the conditions laid down therein.

(3) An authorisation granted under sub-section (1) may be revoked by the Reserve Bank at any time if the Reserve Bank is satisfied that-

(a) It is in public interest so to do; or (b) The authorised person has failed to comply with the condition subject to which the authorisation was granted or has contravened any of the provisions of the Act or any rule, regulation, notification, direction or order made there under:

Provided that no such authorisation shall be revoked on any ground referred to in clause (b) unless the authorised person has been given a reasonable opportunity of making a representation in the matter.

(4) An authorised person shall, in all his dealings in foreign exchange or foreign security comply with such general or special directions or orders as the Reserve Bank may, from time to time, think fit to give, and, except with the previous permission of the Reserve Bank, an authorised person shall not engage in any transaction involving any foreign exchange or foreign security which is not in conformity with the terms of his authorisation under this section.

(5) An authorised person shall, before under-taking any transaction in foreign exchange on behalf of any person, require that person to make such declaration and to give such information as will reasonably satisfy him that the transaction will not involve, and is not designed for the purpose of any contravention or evasion of the provisions of this Act or of any rule, regulation, notification, direction or order made thereunder, and where the said person refuses to comply with any such requirement or makes only unsatisfactory compliance therewith, the authorised person shall refuse in writing to undertake the transaction and shall, if he has reason to believe that any such contravention or evasion as aforesaid is contemplated by the person, report the matter to the Reserve Bank.

(6) Any person, other than an authorised person, who has acquired or purchased foreign exchange for any purpose mentioned in the declaration made by him to authorised person under sub-section (5) does not use it for such purpose or does not surrender it to authorised person within the specified period or uses the foreign exchange so acquired or purchased for any other purpose for which purchase or acquisition of foreign exchange is not permissible under the provisions of the Act or the rules or regulations or direction or order made there under shall be deemed to have committed contravention of the provisions of the Act for the purpose of this section.

 Comments

The Reserve Bank may authorise any person to be known as authorised person to deal in foreign exchange or in foreign securities as an authorised dealer, money changer or off-shore banking unit. The Reserve Bank may specify the conditions in the authorisation and may also revoke the same in the public interest in the case of any contravention of the provisions of this Act or failure to comply with the conditions in the authorisation.

11. Reserve Bank’s powers to issue directions to authorised person

 (1) The Reserve Bank may, for the purpose of securing compliance with the provisions of this Act and of any rules, regulations, notifications or directions made there under, give to the authorised persons any direction in regard to making of payment or the doing or desist from doing any act relating to foreign exchange or foreign security.

 (2) The Reserve Bank may, for the purpose of ensuring the compliance with the provisions of this Act or of any rule, regulation, notification, direction, or order made there under, direct any authorised person to furnish such information, in such manner, as it deems fit.

(3) Where any authorised person contravenes any direction given by the Reserve Bank under this Act or fails to file any return as directed by the Reserve Bank, the Reserve Bank may, after giving reasonable opportunity of being heard, impose on the authorised person a penalty which may extend to ten thousand rupees and in the case of continuing contravention with an additional penalty which may extend to two thousand rupees for every day during which such contravention continues.

Comments

Reserve Bank has been empowered to give to the authorised persons any direction in regard to making of payment or the doing or desist from doing any act relating to foreign exchange or foreign security and has also been empowered to direct any authorised person to furnish such information in such manner as it deems fit. If any authorised person contravenes any direction or fails to furnish any information as directed by the Reserve Bank he is liable to a penalty upto ten thousand rupees and in the case of continuing contravention with an additional penalty upto two thousand rupees for every day.

12. Power of Reserve Bank to inspect authorised person

 (1) The Reserve Bank may, at any time, cause an inspection to be made, by any officer of the Reserve Bank specially authorised in writing by the Reserve Bank in this behalf, of the business of any authorised person as may appear to it to be necessary or expedient for the purpose of-

(a) Verifying the correctness of any statement, information or particulars furnished to the Reserve Bank;

 (b) Obtaining any information or particulars which such authorised person has failed to furnish on being called upon to do so;

(c) Securing compliance with the provisions of this Act or of any rules, regulations, directions or orders made thereunder.

 (2) It shall be the duty of every authorised person, and where such person is a company or a firm, every director, partner or other officer of such company or firm, as the case may be, to produce to any officer making an inspection under sub-section (1), such books, accounts and other documents in his custody or power and to furnish any statement or information relating to the affairs of such person, company or firm as the said officer may require within such time and in such manner as the said officer may direct.

 13. Penalties – 

(1) If any person contravenes any provision of this Act, or contravenes any rule, regulation, notification, direction or order issued in exercise of the powers under this Act, or contravenes any condition subject to which an authorisation is issued by the Reserve Bank, he shall, upon adjudication, be liable to a penalty up to thrice the sum involved in such contravention where such amount is quantifiable, or up to two lakh rupees where the amount is not quantifiable, and where such contravention is a continuing one, further penalty which may extend to five thousand rupees for every day after the first day during which the contravention continues.

 (2) Any Adjudicating Authority adjudging any contravention under sub-section (1), may, if he thinks fit in addition to any penalty which he may impose for such contravention direct that any currency, security or any other money or property in respect of which the contravention has taken place shall be confiscated to the Central Government and further direct that the foreign exchange holdings, if any of the persons committing the contraventions or any part thereof, shall be brought back into India or shall be retained outside India in accordance with the directions made in this behalf.

 Explanation.- For the purposes of this sub-section, “property” in respect of which contravention has taken place, shall include ;-

(a) Deposits in a bank, where the said property is converted into such deposits;

 (b) Indian currency, where the said property is converted into that currency; and (c) Any other property which has resulted out of the conversion of that property

14. Enforcement of the orders of adjudicating authority –

 (1) Subject to the provisions of sub-section (2) of section 19, if any person fails to make full payment of the penalty imposed on him under section 13 within a period of ninety days from the date on which the notice for payment of such penalty is served on him, he shall be liable to civil imprisonment under this section.

 (2) No order for the arrest and detention in civil prison of a defaulter shall be made unless the Adjudicating Authority has issued and served a notice upon the defaulter calling upon him to appear before him on the date specified in the notice and to show cause why he should not be committed to the civil prison, and unless the Adjudicating Authority, for reasons in writing, is satisfied

(a) That the defaulter, with the object or effect of obstructing the recovery of penalty, has after the issue of notice by the Adjudicating Authority, dishonestly transferred, concealed, or removed any part of his property, or

(b) That the defaulter has, or has had since the issuing of notice by the Adjudicating Authority, the means to pay the arrears or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same.

(3) Notwithstanding anything contained in sub-section (1), a warrant for the arrest of the defaulter may be issued by the Adjudicating Authority if the Adjudicating Authority is satisfied, by affidavit or otherwise, that with the object or effect of delaying the execution of the certificate the defaulter is likely to abscond or leave the local limits of the jurisdiction of the Adjudicating Authority.

(4) Where appearance is not made pursuant to a notice issued and served under sub-section (1), the Adjudicating Authority may issue a warrant for the arrest of the defaulter.

 (5) A warrant of arrest issued by the Adjudicating Authority under sub-section (3) or sub-section (4) may also be executed by any other Adjudicating Authority within whose jurisdiction the defaulter may for the time being be found.

(6) Every person arrested in pursuance of a warrant of arrest under this section shall be brought before the Adjudicating Authority issuing the warrant as soon as practicable and in any event within twenty-four hours of his arrest (exclusive of the time required for the journey):

Provided that, if the defaulter pays the amount entered in the warrant of arrest as due and the costs of the arrest to the officer arresting him such officer shall at once release him.

 Explanation. – For the purpose of this sub-section, where the defaulter is a Hindu undivided family, the karta thereof shall be deemed to be the defaulter.

 (7) When a defaulter appears before the Adjudicating Authority pursuant to a notice to show cause or is brought before the Adjudicating Authority under this section, the Adjudicating Authority shall give the defaulter an opportunity showing cause why he should not be committed to the civil prison.

(8) Pending the conclusion of the inquiry, the Adjudicating Authority may, in his discretion, order the defaulter to be detained in the custody of such officer as the Adjudicating Authority may think fit or release him on his furnishing the security to the satisfaction of the Adjudicating Authority for his appearance as and when required.

 (9) Upon the conclusion of the inquiry, the Adjudicating Authority may make an order for the detention of the defaulter in the civil prison band shall in that event cause him to be arrested if he is not already under arrest:

Provided that in order to give a defaulter an opportunity of satisfying the arrears, the Adjudicating Authority may, before making the order of detention, leave the defaulter in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days, or release him on his furnishing security to the satisfaction of the Adjudicating Authority for his appearance at the expiration of the specified period if the arrears are not satisfied.

(10) When the Adjudicating Authority does not make an order of detention under sub-section (9), he shall, if the defaulter is under arrest, direct his release.

 (11) Every person detained in the civil prison in execution of the certificate may be so detained ;-

(a) Where the certificate is for a demand of an amount exceeding rupees one crore – up to three years, and

(b) In any other case – up to six months:

Provided that he shall be released from such detention on the amount mentioned in the warrant for his detention being paid to the officer-in-charge of the civil prison.

 (12) A defaulter released from detention under this section shall not, merely by reason of his release, be discharged from his liability for the arrears but he shall not be liable to be arrested under the certificate in execution of which he was detained in the civil prison.

(13) A detention order may be executed at any place in India in the manner provided for the execution of warrant of arrest under the Code of Criminal Procedure. 1973 (2 of 1974).

 15. Power to compound contravention – 

(1) Any contravention under section 13 may, on an application made by the person committing such contravention, be compounded within one hundred and eighty days from the date of receipt of application by the Director of Enforcement or such other officers of the Directorate of Enforcement and officers of the Reserve Bank as may be authorised in this behalf by the Central Government in such manner as may be prescribed.

(2) Where a contravention has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be initiated or continued, as the case may be, against the person committing such contravention under that section, in respect of the contravention so compounded.

16. Appointment of Adjudicating Authority –

(1) For the purpose of adjudication under section 13, the Central Government may, by an order published in the Official Gazette, appoint as many officers of the Central Government as it may think fit, as the Adjudicating Authorities for holding an inquiry in the manner prescribed after giving the person alleged to have committed contravention under section 13, against whom a complaint has been made under sub-section

(2) (hereinafter in this section referred to as the said person) a reasonable opportunity of being heard for the purpose of imposing any penalty:

Provided that where the Adjudicating Authority is of opinion that the said person is likely to abscond or is likely to evade in any manner, the payment of penalty, if levied, it may direct the said person to furnish a bond or guarantee for such amount and subject to such conditions as it may deem fit.

(2) The Central Government shall, while appointing the Adjudicating Authorities under sub-section (1), also specify in the order published in the Official Gazette their respective jurisdiction.

(3) No Adjudicating Authority shall hold an enquiry under sub-section (1) except upon a complaint in writing made by any officer authorised by a general or special order by the Central Government.

(4) The said person may appear either in person or take the assistance of a legal practitioner or a chartered accountant of his choice for presenting his case before the Adjudicating Authority

(5) Every Adjudicating Authority shall have the same powers of a civil court which are conferred on the Appellate Tribunal under sub-section (2) of section 28 and;-

(a) All proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860); (b) Shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

(6) Every Adjudicating Authority shall deal with the compliant under sub-section (2) as expeditiously as possible and endeavor shall be made to dispose off the complaint finally within one year from the date of receipt of the complaint:

Provided that where the complaint cannot be disposed off within the said period, the Adjudicating Authority shall record periodically the reasons in writing for not disposing off the complaint within the said period.

17. Appeal to Special Director (Appeals) –

(1) The Central Government shall, by notification, appoint one or more Special Directors (Appeals) to hear appeals against the orders of the Adjudicating Authorities under this section and shall also specify in the said notification the matter and places in relation to which the Special Director (Appeals) may exercise jurisdiction.

(2) Any person aggrieved by an order made by the Adjudicating Authority, being an Assistant Director of Enforcement or a Deputy Director of Enforcement, may prefer an appeal to the Special Director (Appeals)

 (3) Every appeal under sub-section (1) shall be filed within forty-five days from the date on which the copy of the order made by the Adjudicating Authority is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:

Provided that the Special Director (Appeals) may entertain an appeal after the expiry of the said period of forty-five days, if he is satisfied that there was sufficient cause for not filing it within that period.

(4) On receipt of an appeal under sub-section (1), the Special Director (Appeals) may after giving the parties to the appeal an opportunity of being heard, pass such order thereon as he thinks fit confirming, modifying or setting aside the order appealed against.

(5) The Special Director (Appeals) shall send a copy of every order made by him to the parties to appeal and to the concerned Adjudicating Authority.

(6) The Special Director (Appeals) shall have the same powers of a civil court which are conferred on the Appellate Tribu

18. Establishment of Appellate Tribunal –

The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Foreign Exchange to hear appeals against the orders of the Adjudicating Authorities and the Special Director (Appeals) under this Act.

19. Appeal to Appellate Tribunal – 

 (1) Save as provided in sub-section (2), the Central Government or any person aggrieved by an order made by an Adjudicating Authority other than those referred to sub-section (1) of section 17, or the Special Director (Appeals), may prefer an appeal to the Appellate Tribunal:

Provided that any person appealing against the order of the Adjudicating Authority or the Special Director (Appeals) levying any penalty, shall while filing the appeal, deposit the amount of such penalty with such authority as may be notified by the Central Government:

Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, the Appellate Tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty.

(2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Adjudicating Authority or the Special Director (Appeals) is received by the aggrieved person or by the Central Government and it shall be in such form verified in such manner and be accompanied by such fee as may be prescribed:

 Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.

(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

 (4) The Appellate Tribunal shall send a copy of every order made by it to the par-ties to the appeal and to the concerned Adjudicating Authority (or the Special Director (Appeals) as the case may be.

(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal:

Provided that where any appeal could not be disposed off within the said period of one hundred and eighty days, the Appellate Tribunal shall record its reasons in writing for not disposing off the appeal within the said period.

 (6) The Appellate Tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the Adjudicating Authority under section 16 in relation to any proceeding, on its own motion or other-wise, call for the records of such proceedings and make such order in the case as it think fit.

 Comments

 This section provides for preferring of appeal before the Appellate Tribunal against the order made by the Adjudicating Authority, period for filing the appeal, condonation of delay for sufficient cause and the period for disposal of appeal.

 20. Composition of Appellate Tribunal –

(1) The Appellate Tribunal shall consist of a Chairperson and such number of Members as the Central Government may deem fit.

(2) Subject to the provisions of this Act,-

(a) The jurisdiction of the Appellate Tribunal may be exercised by Benches thereof;

 (b) A Bench may be constituted by the Chairperson with one or more Members as the Chairperson may deem fit;

 (c) The Benches of the Appellate Tribunal shall ordinarily sit at New Delhi and at such other places as the Central Government may, in consultation with the Chairperson, notify;

(d) The Central Government shall notify the areas in relation to which each Bench of the Appellate Tribunal may exercise jurisdiction.

(3) Notwithstanding anything contained in sub-section (2), the Chairperson may transfer a member from one Bench to another Bench.

(4) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such Bench as the Chairperson may deem fit.

 Comments

The Chairperson of the Appellate Tribunal has constituted the following Benches of the Appellate Tribunal namely:—

1.  (a) Single Member Benches, one Bench consisting the Chairperson, and other Benches consisting of a Member each; and

 (b)  Division Benches consisting of either the Chairperson with a Member or any two Members sitting jointly.

2.  A Division Bench shall hear cases in which the amount of penalty, exceeds rupees five lakhs, and all other cases shall be heard by a Single Member Bench. The distribution of work amongst Benches shall be done a times by the Chairperson.

 [Vide S.O. 388 (3), dated 22nd March, 2003, published in the Gazette of India, Extra., Pt. II, Sec. 3 (ii), No. 289, dated 22nd March, 2003.]

21. Qualifications for appointment of Chairperson, member and Special Director (Appeals)

(1) A person shall not be qualified for appointment as the Chairperson or a Member unless he;-

 (a) In the case of Chairperson, is or has been, or is qualified to be, a Judge of a High Court; and

 (b) In the case of a Member, is or has been, or is qualified to be, a District Judge.

 (2) A person shall not be qualified for appointment as a Special Director (Appeals) unless he;-

(a) Has been a member of the Indian Legal Service and has held a post in Grade 1 of that Service; or

 (b) Has been a member of the Indian Revenue Service and has held a post equivalent to a Joint Secretary to the Government of India

22. Term of office –

The Chairperson and every other Member shall hold office as such for a term of five years from the date on which he enters upon his office:

Provided that no Chairperson or other Member shall hold office as such after he has attained,-

(a) In the case of the Chairperson, the age of sixty-five years;

 (b) In the case of any other Member, the age of sixty-two years.

23. Terms and Conditions of service – 

The salary and allowances payable to and the other terms and conditions of service of the Chairperson, other Members and the Special Director (Appeals) shall be such as may be prescribed:

 Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after appointment.

24. Vacancies – 

If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.

25. Resignation and removal

(1) The Chairperson or a Member may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of term of office, whichever is the earliest.

(2) The Chairperson or a Member shall not be removed from his office except by an order by the Central Government on the ground of proved misbehavior or incapacity after an inquiry made by such person as the President may appoint for this purpose in which the Chairperson or a Member concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges.

26. Member to act as Chairperson in certain circumstances –

(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the senior-most member, shall act as the Chairperson until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.

 (2) When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.

27. Staff of Appellate Tribunal & Special Director ( Appeals ) – 

(1) The Central Government shall provide the Appellate Tribunal and the Special Director (Appeals) with such officers and employees as it may deem fit.

(2) The officers and employees of the Appellate Tribunal and office of the Special Director (Appeals) shall discharge their functions under the general superintendence of the Chairperson and the Special Director (Appeals), as the case may be.

 (3) The salaries and allowances and other conditions of service of the officers and employees of the Appellate Tribunal and Office of the Special Director (Appeals) shall be such as may be prescribed.

28. Procedure and powers of Appellate Tribunal & Special Director (Appeals) –

 (1) The Appellate Tribunal and the Special Director (Appeals) shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal and the Special Director (Appeals) shall have powers to regulate its own procedure.

(2) The Appellate Tribunal and the Special Director (Appeals) shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:-

(a) Summoning and enforcing the attendance of any person and examining him on oath;

 (b) Requiring the discovery and production of documents; (c) Receiving evidence on affidavits;

(d) Subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or documents or copy of such record or document from any office;

 (e) Issuing commissions for the examination of witnesses or documents;

 (f) Reviewing its decisions;

(g) Dismissing a representation of default or deciding it ex-parte;

 (h) Setting aside any order of dismissal of any representation for default or any order passed by it ex-parte; and

(i) Any other matter which may be prescribed by the Central Government.

 (3) An order made by the Appellate Tribunal or the Special Director (Appeals) under this Act shall be executable by the Appellate Tribunal or the Special Director (Appeals) as a decree of civil court and, for this purpose, the Appellate Tribunal and the Special Director (Appeals) shall have all the powers of a civil court.

(4) Notwithstanding anything contained in sub-section (3), the Appellate Tribunal or the Special Director (Appeals) may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

(5) All proceedings before the Appellate Tribunal and the Special Director (Appeals) shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of e 1860) and the Appellate Tribunal shall be deemed to be a civil court the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

29. Distribution of business amongst Benches –

Where Benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench.

30. Power of Chairperson to transfer cases –

 On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson may transfer any case pending before one Bench, for disposal, to any other Bench.

31. Decision to be by majority –

If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Appellate Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it.

32. Right of appellant to take assistance of legal practitioner or Chartered Accountant and of Government, to appoint presenting officers – 

(1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the assistance of a legal practitioner or a Chartered Accountant of his choice to present his case before the Appellate Tribunal or the Special Director (Appeals), as the case may be.

(2) The Central Government may authorise one or more legal practitioners or a Chartered Accountants or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the Appellate Tribunal or the Special Director (Appeals), as may be.

33. Members, etc., to be public servants –

The Chairperson, Members and other officers and employees of the Appellate Tribunal the Special Director (Appeals) and the Adjudicating Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

34. Civil court not to have jurisdiction –

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Authority or the Appellate Tribunal or the Special Director (Appeals) is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

35. Appeal to High Court –

Any person aggrieved by any decision or order of the Appellate Tribunal or the Special Director (Appeals) may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal or the Special Director (Appeals) to him on any question of law arising out of such order:

 Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

Explanation.-In this section High Court means;-

(a) The High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and

(b) Where the Central Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain.

36. Directorate of Enforcement

(1) The Central Government shall establish a Directorate of Enforcement with a Director and such other officers or class of officers as it thinks fit, who shall be called officers of Enforcement, for the purposes of this Act.

 (2) Without prejudice to provisions of sub-section (1), the Central Government may authorise the Director of Enforcement or an Additional Director of Enforcement or a Special Director of Enforcement or a Deputy Director of Enforcement to appoint officers of Enforcement below the rank of an Assistant Director of Enforcement.

 (3) Subject to such conditions and limitations as the Central Government may impose, an officer of Enforcement may exercise the powers and discharge the duties conferred or imposed on him under this Act.

37. Power of search, seizure, etc. – 

(1) The Director of Enforcement and other officers of Enforcement not below the rank of an Assistant Director shall take up for investigation the contravention referred to in section 13.

(2) Without prejudice to the provisions of sub-section (1), the Central Government may also, by notification, authorise any officer or class of officers in the Central Government, State Government or the Reserve Bank, not below the rank of an Under Secretary to the Government of India to investigate any contravention referred to in section 13.

 (3) The officers referred to in sub-section (1) shall exercise the like powers which are confer-red on income-tax authorities under the Income-tax Act, 1961 (43 of 1961) and shall exercise such powers, subject to such limitations laid down under that Act.

38. Empowering other officers –

(1) The Central Government may, by order and subject to such conditions and limitations as it thinks fit to impose, authorise any officer of customs or any central excise officer or any police officer or any other officer of the Central Government or a State Government to exercise such of, the powers and discharge such of the duties of the Director of Enforcement or any other officer of Enforcement under this Act as may be stated in the order.

 (2) The officers referred to in sub-section (1) shall exercise the like powers which are conferred on the income-tax authorities under the Income-tax Act, 1961 (43 of 1961), subject to such conditions and limitations as the Central Government may impose

39. Presumption as to documents in certain cases –

 Where any document-

(i) Is produced or furnished by any person or has been seized from the custody or control. of any person, in either case, under this Act or under any other law; or

 (ii) Has been received from any place outside India (duly authenticated by such authority or person and in such manner as may be prescribed) in the course of investigation of any contravention under this Act alleged to have been committed by any person, and such document is tendered in any proceeding under this Act in evidence against him, or against him and any other person who is proceeded against jointly with him. the court or the adjudicating authority, as the case may be, shall-

(a) Presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person’s handwriting and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested;

 (b) Admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence;

 (c) In a case falling under clause (i), also presume, unless the contrary is proved, the truth of the contents of such document

40. Suspension of operation of this Act –

(1) If the Central Government is satisfied that circumstances have arisen rendering it necessary that any permission granted or restriction imposed by this Act should cease to be granted or imposed, or if it considers necessary or expedient so to do in public interest, the Central Government may, by notification, suspend or relax to such extent either indefinitely or for such period as may be notified, the operation of all or any of the provisions of this Act.

(2) Where the operation of any provision of this Act has under sub-section (1) been suspended or relaxed indefinitely, such suspension or relaxation may, at any time while this Act remains in force, be removed by the Central Government by notification.

(3) Every notification issued under this section shall be laid, as soon as may be after it is issued, 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be issued, the notification 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 notification.

41. Power of Central Government to give directions –

For the purposes of this Act, the Central Government may, from time to time, give to the Reserve Bank such general or special directions as it thinks fit and the Reserve Bank shall, in the discharge of its functions under this Act, comply with any such directions.

42. Contravention by companies –

(1) Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made there under is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

 Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised due diligence to prevent such contravention.

(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made there under has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section-

(i) “Company” means any body corporate and includes a firm or other association of individuals; and (ii) “Director”, in relation to a firm, means a partner in the firm.

43. Death or insolvency in certain cases –

Any right, obligation, liability, proceedings or appeal arising in relation to the provisions of section 13 shall not abate by reason of death or insolvency of the person liable under that section and upon such death or insolvency such rights and obligations shall devolve on the legal representative of such person or the official receiver or the official assignee, as the case may be:

 Provided that a legal representative of the deceased shall be liable only to the extent of the inheritance or estate of the deceased.

44. Bar of legal proceedings –

No suit, prosecution or other legal proceedings shall lie against the Central Government or the Reserve Bank or any officer of that Government or of the Reserve Bank or any other person exercising any power or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule, regulation, notification, direction or order made there under.

45. Removal of difficulties –

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with the provisions of this Act for the purpose of removing the difficulty:

Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.

 (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

46. Power to make rules –

(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

 (2) Without prejudice to the generality of the foregoing power, such rules may provide for,-

 (a) The imposition of reasonable restrictions on current account transactions under section 5;

 (b) The manner in which the contravention may be compounded under sub-section (1) of section 15;

(c) The manner of holding an inquiry by the Adjudicating Authorities under sub-section (1) of section 16;

(d) The form of appeal and fee for filing such appeal under sections 17 and 19;

 (e) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal and the Special Director (Appeals) under section 23;

 (f) The salaries and allowances and other conditions of service of the officers and employees of the Appellate Tribunal and the Office of the Special Director (Appeals) under sub-section (3) of section 27;

 (g) The additional matters in respect of which the Appellate Tribunal and the Special Director (Appeals) may exercise the powers of a civil court under clause (i) of sub-section (2) of section 28;

 (h) The authority or person and the manner in which any documents may be authenticated under clause (ii) of section 39; and

(i) Any other matter which is required to be, or may be prescribed

47. Power to make regulations –

(1) Reserve Bank may, by notification, make regulations, to carry out the provisions of this Act and the rules made there under :

 (2) Without prejudice to the generality of the foregoing power, such regulations may provide for,-

 (a) The permissible classes of capital account transactions, the limits of admissibility of foreign exchange for such transactions, and the prohibition, restriction or regulation of certain capital account transactions under section 6;

(b) The manner and the form in which the declaration is to be furnished under clause (a) of sub-section (1) of section 7;

 (c) The period within which and the manner of repatriation of foreign exchange under section 8;

(d) The limit up to which any person may possess foreign currency or foreign coins under clause (a) of section 9;

 (e) The class of persons and the limit up to which foreign currency account may be held or operated under clause (b) of section 9;

 (f) The limit up to which foreign exchange acquired may be exempted under clause (d) of section 9;

 (g) The limit up to which foreign exchange acquired may be retained under clause (e) of section 9;

 (h) Any other matter which is required to be, or may be, specified.

48. Rules and regulations to be laid before Parliament –

Every rule and regulation 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.

49. Repeal and saving – 

(1) The Foreign Exchange Regulation Act, 1973 (46 of 1973) is hereby repealed and the Appellate Board constituted under sub-section (1) of section 52 of the said Act (hereinafter referred to as the repealed Act) shall stand dissolved.

(2) On the dissolution of the said Appellate Board, the person appointed as Chairman of the Appellate Board and every other person appointed as Member and holding office as such immediately before such date shall vacate their respective offices and no such Chairman or other person shall be entitled to claim any compensation for the premature termination of the term of his office or of any contract of service.

 (3) Notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed Act and no adjudicating officer shall take notice of any contravention under section 5 1 of the repealed Act after the expiry of a period of two years from the date of the commencement of this Act.

(4) Subject to the provisions of sub-section (3) all offences committed under the repealed Act shall continue to be governed by the provisions of the repealed Act as if that Act had not been repealed.

(5) Notwithstanding such repeal,-

(a) Anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued or any appointment, confirmation or declaration made or any licence, permission, authorization or exemption granted or any document or instrument executed or any direction given under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;

 (b) Any appeal preferred to the Appellate Board under sub-section (2) of section 52 of the repealed Act but not disposed of before the commencement of this Act shall stand transferred to and shall be disposed of by the Appellate Tribunal constituted under this Act;

 (c) Every appeal from any decision or order of the Appellate Board under sub-section (3) or sub-section (4) of section 52 of the repealed Act shall, if not filed before the commencement of this Act, be filed before the High Court within a period of sixty days of such commencement:

Provided that the High Court may entertain such appeal after the expiry of the said period of sixty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period.

(6) Save as otherwise provided in sub-section (3), the mention of particular matters in sub-sections (2), (4) and (5) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.

Bydeb

The Foreign Marriage Act, 1969

Chapter I – Preliminary

1. Short title.-

No.33 OF 1969

[31st August, 1969]

 An Act to make provision relating to marriages of citizens of India outside India.

 BE it enacted by Parliament In the Twentieth Year of the Republic of India as follows :-

 This Act may be called Foreign Marriage Act, 1969.

2. Definitions.- In this Act, unless the context otherwise requires, –

(a) “degrees of prohibited relationship” shall have same meaning as in the Special Marriage Act, 1954 (43 of 1954);

(b) “district”, in relation to a Marriage Officer, means the area within which the duties of his office are to be discharged ;

(c) “foreign country” means a country or place outside India, and includes a shop which is for the time belong in the territorial waters of such a country or place ;

 (d) “Marriage Officer” means a person appointed under section 3 to be a Marriage Officer;

(e) “Official house” , in relation to a Marriage Officer, means –

(i) the official house of residence of the officer ;

(ii) the office in which the business of the officer is transacted ;

(iii) a prescribed place ; and

(f) “prescribed” means prescribed by rules made under this Act.

3. Marriages Officers.-

For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers as it may think fit to the Marriage Officers for any Foreign country.

 Explanation — In this section “diplomatic Officer” mean and ambassador, envoy, minister, high commissioner, commissioner charged’ affairs or other diplomatic representative or a counselor or secretary of an embassy, legation or high commission.

Chapter II – Solemnization of Foreign Marriages

4. Conditions relating to solemnization of foreign countries.-

A marriage between the parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a Foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely :-

 (a) neither party has a spouse living,

 (b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty-one years and be bride the age of eighteen years at the time of the marriage, and

 (d) the parties are not within the degree of prohibited of relationship :

Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship

5. Notice of intended marriage.-

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at lease one of the parties to the marriage has resided for a period of not less then thirty days immediately proceeding the date on which such notice is given, and the notice shall state that the party has so resided.

6. Marriage Notice Books.-

The Marriage Officer shall Keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the “Marriage Notice Book”, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

7. Publication of notice.-

Where a notice under section 5 is given to the Marriage Officer, he shall cause it to be published –

(a) in his own office, by affixing a copy thereof to a conspicuous place, and

 (b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

8. Objection to marriage.-

(1) Any person may, before the expiration of thirty days from the date of publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.

Explanation – Where the publication of notice by affixation under clause (a) of section 7 and in the prescribed manner under clause (b) of that section is on different dates, the period of thirty days, shall, for the purposes of this sub-section, be computed from the later date.

(2) Every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objection ; and the Marriage Officer shall record the nature of the objection in his Marriage Notice Book.

9. Solemnization of marriage where no objection made.-

If no objection is made within the period specified section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

10. Procedure on receipt of objection.-

 (1) if an objection is made under section 8 to an intended marriage, the Marriage Officer shall not solemnize until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it.

 (2) Where a Marriage Officer after making any such inquiry entertains a doubt in respect of any objection, he shall transmit the record with the such statement respecting the matter as he thinks fit to the Central Government; and the Central Government, after making such further inquiry into the matter and the after obtaining such advice as it thinks fit, shall give its decisions thereon in writing to the Marriage Officer, who shall act in conformity with the decision of the Central Government.

11. Marriage not to be in contravention of local laws.-

(1) The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized.

(2) The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the country of nations.

 (3) Where a Marriage Officers refuses to solemnize a marriage under this section, any party to the intended marriage may appeal to the Central a Government in the prescribed manner within a period of thirty days from the date of such refusal ; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.

 12. Declaration by parties and witnesses.-

Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Second Schedule, and the declaration shall be countersigned by the Marriage Officer.

13. Place and form of solemnization.-

(1) A marriage by or before a Marriage Officer undertakings shall be solemnized at the official house of the Marriage Officers and open doors between the prescribed hours in the presence of three witnesses.

 (2) The marriage may be solemnized in any form which parities may choose to adopt ;

 Provided that it shall not to be complete and binding on the parties unless each party declares to the other in the presence of the Marriage Officer and, the three witnesses and in any language understood by the parties, – “I, (A), take the (B) , to be my lawful wife (or husband)”:

Provided further that where the declaration referred to in the proceeding proviso is made in any language which is not understand by the Marriage Officer or by any of the witnesses, either of the parities shall interest or cause to be interpreted the declaration in a language which the Marriage Officer or, as the case may be, such witness understands.

 14. Certificate of marriage.-

(1) Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified in the Third Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book, and such certificate shall be signed by the parties to the Marriages and the three witnesses.

 (2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to the conclusive evidence of the fact that a marriage under this Act has been solemnized, and that all formalities respecting the residence of the party concurred previous to the marriage and the signature of witnesses have been complied with.

15. Validity of foreign marriages of India.-

Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.

16. New notice when marriage not solemnized within six months.-

 Whenever a marriage is not solemnized within six months from the date on which notice thereof has been given to the Marriage Officer as required under section 5 or where the record of a case has been transmitted to the Central Government under section 10, or where an appeal has been preferred to the Central Government under section 11, within three months from the date to the Central Governments under from the date of the decision of the Central Government in such case or appeal, as the case may be, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until new notice has been given in the manner laid down in this Act.

Chapter III – Registration of Foreign Marriages Solemnized under other Laws

17. Registration of foreign marriages.-

(1) Where –

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parities of whom one at least was a citizen of India; and

 (b) a party to the marriages informs the Marriage Officers writing that he or she desires the marriages to be registered the Marriage Officer may, upon payment of the prescribed fee register the marriage.

(2) No marriage shall be registered under the section unless at the time of registration it satisfies the conditions mentioned in section 4.

(3) The Marriages Officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the country of nations.

(4) Where a Marriage Officers refuses to register a marriage under this section the party applying for registration may appeal to the Central

Government in the prescribed manner within a period of thirty days from the date of such refusal ; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.

(5) Registration of a marriage under this section shall be effected by the Marriage Officer by entering a certificate of the marriage in the prescribed form and in the prescribed manner in the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and by three witnesses.

(6) A marriage registered under this section shall, as from the date of registration, be deemed too have solemnized under this Act

Chapter IV – Matrimonial Relief in respect of Foreign Marriage

18. Matrimonial relief to be under special marriage Act, 1954.-

(1) Subject to the other provisions contained in this section, the provisions of chapter IV, V, VI and VII of the Special Marriage Act, 1954 (43 of 1954), shall apply in relation to marriages solemnized under this Act and to try other marriage solemnized in a foreign country between the parties of whom one at lease is a citizen of India as they apply in relation to marriages solemnized under that Act.

Explanation – In this application to the marriages referred to in this sub-section, section 24 of the Special Marriage Act, 1954 (43 of 1954), shall be subject to the following modifications, namely :-

(i) the reference in sub-section (1) thereof clauses (a) (b), (c) and (d) of section 4 of that Act shall be construed as a reference to clauses (a), (b), (c) , (d) respectively of section 4 of this Act, and

(ii) nothing contained in section 24 aforesaid shall apply to any marriage –

(a) which is not solemnized under this Act ; or

(b) which is deemed to be solemnized under this Act by reason of the provisions contained in section 17.

 Provided that the registration of any such marriage as is referred to in sub-clause (b) may be declared to be of no effect if the registration was in contravention of sub-section (2) of section 17.

(2) Every petition for relief under Chapter V or Chapter VI of the Special Marriages Act, 1954 (43 of 1954), as made applicable to the marriage referred to in sub-section (1), shall be presented to the district court within the local limits of whose ordinary civil jurisdiction –

(a) the respondent is residing at the time of the presentation of the petition ; or

 (b) the husband and wife last resided together; or

(c) the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside India.

Explanation :- In this section, “district court” has the same meaning as in the Special Marriage Act, 1954 (43 of 1954).

(3) Nothing contained in this section shall authorise any court –

(a) to make nay decree of dissolution of marriage, except where –

 (i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

 (ii) the petitioner, being the wife, was domiciled a India immediately before the marriage and has been meaning in India for a period of not less than three years immediately proceeding the presentation of the petitioner;

(b) to make any decree annulling a voidable marriage, except where –

 (i) the parities to the marriage are domiciled in India at the time of the presentation of petition; or

 (ii) the marriage was solemnized under this Act nature the petitioner, being the wife, has been ordinarily resident of India for a period of three years immediately procedure by presentation of the petition;

 (c) to make any decree of nullity of marriage in respect of a void marriage, except where –

(i) either of the parties to the marriage is domiciled in India at the time of the presentation of petition; or

(ii) the marriage was solemnized under this Act and the Petitioner is

residing in India at the time of presentation of the petition;

(d) to grant any other relief under Chapter V or Chapter VI of the Special Marriage Act, 1954 (43 of 1954) except where the petitioner residing in India at the time being of the presentation of the petition.

 (4) Nothing contained in sub-section (1) shall authorize of to grant any relief under this Act in relation to any marriage of foreign country not solemnized under it, if the grant of the relied an respect of such marriage (whether on any of the grounds specified in the Special Marriage Act, 1954 (43 of 1954), or otherwise) is provided for under any other law for the time being in force.

Chapter V – Penalties

19. Punishment for bigamy.-

(1) Any person whose marriage is solemnized or deemed to have been solemnized under this Act and who, during the subsistence of his marriage, contracts any other marriage in India shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860) and the marriage so contracted shall be void.

 (2) The provisions of sub-section (1) apply to any such offence committed by any citizen of India without and beyond India.

20. Punishment of contravention of certain other conditions for marriage.-

 Any citizen of India who procures a marriage of himself or herself to be solemnized under this Act in contravention of the condition specified in clause (c) or clause (d) of section 4 shall be punishable –

(a) in the case of a contravention of the condition specified in clause (c) of section 4, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both ; and

(b) in the case of a contravention of the condition specified in clause (d) of section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

21. Punishment for false declaration.-

If any citizen of India for the purpose of procuring a marriage, intentionally –

 (a) where a declaration is required by this Act, makes a false declaration; or

 (b) where a notice or certificate is required by this Act, signs a false notice or certificate ; he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable.

22. Punishment for wrongful action of Marriage Officer.-

Any Marriage Officer who knowingly and willfully solemnizes a marriage under this Act in contravention of any of the provisions of this Act shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

Chapter VI – Miscellaneous

23. Recognition of marriages solemnized under law of other countries.-

 If the central Government is satisfied that the law in force in any foreign country for the solemnization of marriages contains provisions similar to those contained of this Act, it may, by notification in the Official Gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in India as valid.

24. Certification of documents of marriages solemnized in accordance with local law in a foreign country.-

(1) Where –

(a) a marriage is solemnized in any foreign country specified in this behalf by the Central Government, by notification in the Official Gazette, in accordance with the law of that country between parities of whom one at least is a citizen of India ; and

 (b) a party to the marriage who is such citizen produces to a Marriages Officer in the country in which the marriage was solemnized –

(i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be true copy that entry; and

 (ii) if the copy of that entry is not in the English Language, a translation into the prescribed language of that copy ; and

(c) the Marriage Officer is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation ;

the Marriage Officer, upon the payment of the prescribed fee, shall certify upon the copy of the entry in the marriage register and upon the translation that he is satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to the said party.

(2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be admitted in evidence in any proceedings if it were a certificate duly issued by the appropriate authority of that country.

25. Certified copy of entries to be evidence.-

Every certified copy purporting to be signed by the Marriages Officer of an entry of a marriage in the Marriage Certificate Book shall be received in evidence without production or proof o the original.

26. Correction of errors.-

(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may; within one month nest after the discovery of such error,, in the presence of the persons married or, in the case of their death or absence in the presence of two other witnesses correct the error by entry in the margin without any alteration of the original entry and the said thereto the date of such correction.

 (2) Every correcting made under this section shall be attended by the witnesses in whose presence it was made.

27. Act not validity of marriages outside it.-

Nothing in this Act shall in any way affect the validity of a marriage solemnized in a foreign country otherwise than under the Act.

28. Power to make rules.-

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposed of that Act.

(2) In particular, and without prejudice too the generality of the foregoing [owner, such rules may provide for all or any of the following matters namely :-

(a) the duties and powers of Marriage Officers and their districts ;

(b) the manner in which a Marriage Officers may hold any inquiry under this Act ;

 (c) the manner in which notices of marriages shall be published ;

(d) the places in which and the hours between which marriages under this Act may be solemnized ;

(e) the form and the manner in which any books required by or under this Act to be kept shall be maintained ;

(f) the form and the manner in which certificates of marriages may be entered under sub–section (5) of section 17 ;

(g) the fees that may be levied for the performance of any duty imposed upon a Marriage Officers under this Act ;

 (h) the authorities to which, the form in which and the intervals within which copies of entries in the Marriage Certificate Book shall be sent, and, when corrections are made in the Marriage Certificate Book, the manner in which Certificates of such correction shall be spent to the authorities ;

(i) the inspection of any books required to be kept under this Act and furnishing of certified copies of entries therein ;

(j) the manner in which and the conditions subject to which any marriage may be recognized under section 23 ;

(k) any other matter which may be, or requires to be prescribed.

 (3) Every rule made under this section 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 is one sessions or in two successive sessions, and if before the expiry of the session in which it is laid or the session immediately following, both Houses agree in making any modification in the rule or Both Houses agree that the rule not to be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the a case may be; so, however, that any such modification or consultant shall be without prejudice to the validity of anything previously done under that rule.

29. Amendment of Act 43 of 1954.- In the Special Marriage Act, 1954, –

 (a) in section 1, in sub-section (2), for the words “outside the said territories”, the words “in the State of Jammu and Kashmir” shall be substituted ;

 (b) in section 2, clauses (a) and (c) shall be omitted ;

 (c) in section 3, for sub-section (2), the following sub-section shall be substituted namely :-

“(2) For the purposes of this Act, in its application to the citizens of India domiciled in the territories to which the Act extends who are in the State of Jammu and Kashmir, the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof”;

(d) in section 4, for clause (e), the following clause shall be substituted, namely :-

 “(e) where the marriage is solemnized in the State of Jammu Kashmir, both the parties are citizens of India domiciled in the territories to which this Act extends”;

 (e) in section 10, for the words “outside the territories to which this Act extends in respect of an intended marriage outside the said territories”, the words “in the State of Jammu and Kashmir in respect of an intended marriage in the State” shall be substituted;

(f) in section 50, in sub-section (1), the words “diplomatic and consular officers and other” shall be omitted.

30. Repeal.-

The Indian Foreign Marriage Act, 1903 (14 of 1903), is hereby repealed.

THE FIRST SCHEDULE 

(See section 5)

FORM OF NOTICE OF INTENDED MARRIAGE

To,

The Manager Officer

for……………………….

 We hereby give you notice that a marriage under the Foreign Marriage Act, 1969 is intended to be solemnized between us within three months from the date hereof.

_____________________________________________________

Name Condition Occupation Date Dwelling Permanent Length
and of place dwelling of
father’s birth place and residence
name present in the
dwelling present
place if not dwelling
permanent place.
_____________________________________________________

 A.B.Unmarried
————–
Widower
————-
Divorce
C.D.Unmarried
————-
Widow
————
Divorce
____________________________________________________

 Witness our hands, this…………………….day of………….19…………………….

Sd.A.B
Sd.C.D

THE SECOND SCHEDULE

 (See section 12)

 DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follows :-

1. I am present time unmarried (or a widower or a divorcee, as the case may be)

 2. I have completed…………………..years of age.

 3. I am not related to C.D.(The bride) within the degrees of prohibited relationship.

 4. I am citizen of……………………. (to be filled up)

5. I am aware that, if any statement in the declaration is false, I am liable to imprisonment and also to fine. Sd. A. B. (The bridegroom)

DECLARATION TO BE MADE BY THE BRIDE

I, C.D., hereby declare as follows :-

1. I am present time unmarried (or a widower or a divorcee, as the case may be)

 2. I have completed…………………..years of age.

3. I am not related to C.D.(The bride) within the degrees of prohibited relationship.

 4. I am citizen of……………………. (to be filled up)

5.I am aware that, if any statement in the declaration is false, I am liable to imprisonment and also to fine. Sd. C. D. (the bride)

Signed in our presence by the above named A.B.And C.D.So far as we are aware, there is no lawful impediment to the marriage.

Sd.G.H.

Sd.LJ. Three witnesses.

Sd.K.L.|

(Countersigned) E.F.

Marriage Officer

Dated the…………………day of……………..19…………

THE THIRD SCHEDULE

(See section 14)

FORM OF CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the…………..day of…………..19………A.B. And C.D………….appeared before me and that the declaration required by section………….of the Foreign Marriage Act, 1969, was duly made, and that a marriage under that Act was solemnized between them in my presence and in the presence of there witnesses who have signed thereunder.

Sd.E.F.

Marriage Officer

Sd.A.B.(Bridegroom)

Sd.C.D.(Bride)

Sd.G.H.|

Sd.LJ. Three witness

Sd.K.L.

Dated the…………….day of……….19…………