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010227
The Gazette of Pakistan
ISLAMABAD, THURSDAY, MARCH 1, 2001
PART II
Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
MINISTRY OF LABOUR, MANPOWER AND OVERSEAS PAKISTANIS
(Lahore, Manpower and Overseas Pakistan Division)
NOTIFICATION
Islamabad, the 27th February, 2001
S.R.O. 136 (1)/2001.-- In exercise of
the powers conferred by section 16 of the Emigration Ordinance, 1979 (XVIII of 1979), the
Federal Government is pleased to direct that the following further amendments shall be
made in the Emigration Rules 1979, namely:-
In the aforesaid Rules,--
(1) in rules 2,--
(a) in clause (c), the words "not more than five" shall be omitted;
(b) in clause (d), the words "foreign employer" shall be omitted; and
(c) in clause (gg), for the word "with" the words "comprising of"
shall be substituted;
(2) in rule 8, --
(a) in sub-rule (1), for the words "five hundred" the words "one
thousand" shall be substituted;
(b) for sub-rule (4) the following shall be substituted, namely:-
"(4) The Federal Government may, on being satisfied that the applicant has complied
with the provisions of sub-rules (1) and (2) and after such inquiry as it may deem fit,
approve the grant of licence and direct the applicant to deposit licence fee of ten
thousand rupees and a security of three hundred thousand rupees for good conduct, in the
following manner, namely:-
(i) a sum of one hundred thousand rupees in cash in a branch of a bank nominated by the
Federal Government; and
(ii) two hundred thousand rupees in shape of the Defence Saving Certificates pledged in
the name of Joint Secretary, Labour, Manpower and Overseas Pakistanis."; and
(c) for sub-rule (5) the following shall be substituted, namely:-
"(5) On furnishing evidence of deposit of licence fee and security referred to in
sub-rule (4), the Federal Government may grant a licence in the form as set out in Form 1,
which shall be non-transferable:
Provided that if at any time during the validity of the licence, the licensee or any of
the partners--
(i) dies;
(ii) is declared of unsound mind by a competent Court;
(iii) withdraws from the licence on his free will; or
(iv) desires to transfer the licence to his legal heirs or heirs;
the Federal Government may re-issue the licence in the name of the legal heir or heirs or,
as the case may be, the remaining partner or partners, or the remaining partner or
partners and the legal heir or heirs, after such inquiry and on such conditions as it may
deem fit but the licence so issued shall be deemed to be a new licence and shall to be
granted unless the licence fee and security for grant of a licence under these rules have
duly been paid and deposited.’;
(3) in rule 9, in sub-rule (1),--
(a) for the word "five" the word "ten" shall be substituted; and
(b) in the proviso, for the words "five hundred" the words "one
thousand" shall be substituted;
(4) in rule 10,--
(a) after the words "Overseas Employment Promoters", the words "or an
aggrieved person or persons" shall be inserted; ad
(b) for the word "five the word "ten" shall be substituted;
(5) in rule 11, the words coma "or, open any sub-office or branch office except one
branch office at any of the provincial capitals or the Federal Capital" shall be
omitted;
(6) after rule 11, the following new rule shall be inserted, namely:-
"(11A) Establishment of office or sub-office.-- An Overseas Employment Promoter shall
establish an office in the premises approved by the Federal Government. He shall not shift
his office or open more than two branch offices or shift the same except with the prior
permission of the Federal Government and on payment of "fee of five thousand
rupees.";
(7) in rule 12, in sub-rule (2), for the words "five hundred" the words
"one thousand" shall be substituted;
(8) in rule 13, in sub-rule (1), for the words "five hundred" the words
"one thousand" shall be substituted;
(9) in rule 15,--
(a) for sub-rule (1) ad the proviso thereto the following shall be substituted, namely:-
"(1) A person selected for employment abroad by an Overseas Employment Promoter or
the Corporation shall deposit a sum of four thousand four hundred and fifty rupees or
fifty per cent of the monthly salary as offered by the foreign employer, whichever is
more, with a branch of a bank which shall issue a certificate in the form as set out in
Form 7,";
(b) for sub-rule (4) and the proviso thereto the following shall be substituted, namely:-
"(4) The Zonal Office of the bank shall make payment of the sum deposited under
sub-rule (1) or (1A) to the Overseas Employment Promoter who presented the documents to it
under sub-rule (3) or, as the case may be, to the Corporation,"; and
(c) for sub-rule (6) the following shall be substituted, namely:-
"(6) In case such person is not successful in getting employment abroad, the Overseas
Employment Promoter or, as the case may be, the Corporation shall refund the sum deposited
under sub-rule (1) or (1A) to him and the sum of one thousand and fifty rupees deposited
by him in the Welfare Fund shall be refunded to him by the Regional Office of the Overseas
Pakistanis Foundation on production of a certificate issued by the protector of
Emigrants."
(10) after rule 15, the following new rule shall be inserted namely:-
"15 A. Other Charges.-- (1) An Overseas Employment Promoter or, as the case may be,
the Corporation shall be entitled to receive from the emigrant, after selection for
employment abroad, actual expenses incurred on air ticketing, medical, work permit levy,
visa an documentation of the emigrant and issue proper receipt under his own hand and seal
duly impressed with revenue stamp of appropriate value.
(2) In case such person is not successful in getting employment abroad the Overseas
Employment Promoter or, as the case may be, the Corporation shall refund the whole amount
to him through a cheque or bank draft:
Provided that if such person fails to turn up when he is called for departure or refuses,
in writing, witnessed by the Protector of Emigrants, to proceed abroad at his own free
will he shall not be entitled to claim the refund of expenses referred to in sub-rule
(1).";
(11) in rule (16), sub-rule (2) shall be omitted;
(12) in rule 20,--
(a) in sub-rule (1),--
(i) for the colon, at the end, a full stop shall be substituted;
(ii) the proviso shall be omitted; and
(b) in sub-rule (2) for the word "seventy" the words "one hundred and
twenty" shall be substituted;
(13) in rule 21, in sub-rule (3), for the full stop, at the end, a colon shall be
substituted and thereafter the following proviso shall be added, namely:-
"Provided that if a citizen of Pakistan proceeds abroad on a visa other than
employment visa and is engaged in a job accruing wages he shall get himself registered
with a Pakistani Mission after payment of registration fee as prescribed under sub-rule
(3) of rule 23, the Welfare Fund and the insurance premium.";
(14) in rule 22, in sub-rule (3) after the words "country of the employer" the
words "or an undertaking shall be furnished by the emigrant to the Protector of
Emigrants, in such form as is specified by the Director General" shall be inserted;
(15) after the rule 22, the following new rule shall be added, namely:-
"22 A. Insurance of emigrants.-- Each person selected for employment abroad through
an Overseas Employment Promoter or, as the case may be, the Corporation, or direct
employment shall get himself insured with an Insurance Company on such terms and
conditions, mutually agreed upon between the Director general and the said insurance
company before his registration with the Protector of Emigrants.";
(16) in rule 26, in sub-rule (1), in clause (i), the words, brackets and figures
"under sub-rule (4) of rule 15" shall be omitted;
(17) in Form 2, in serial number 10,--
(a) for entry (b) the following shall be substituted, namely:-
"(b) I/We undertake to deposit a security of three hundred thousand rupees in the
following manner, namely:-
(i) a sum of one hundred thousand rupees in cash in a branch of a bank nominated by the
Federal Government; and
(ii) two hundred thousand rupees in shape of the Defence Saving Certificates pledged in
the name of Joint Secretary, Labour, Manpower and Overseas Pakistanis;
(b) in entry (c), in clause (iii) for the letters, figures, brackets and words "Rs.
500 (five hundred rupees)" the words "one thousand rupees" shall be
substituted.
(18) in Form 4, in serial number 10, for the letters, figures, brackets and words
"Rs. 500 (five hundred rupees)" the words "one thousand rupees" shall
be substituted;
(19) in Form 5, in serial number 10, for the letters, figure, brackets and words "Rs.
5000 (five thousand rupees)" the words "one thousand rupees" shall e
substituted; and
(20) Form 8 shall be omitted.
[No. 4 (2)/2000-Emg. 1]
MUHAMMAD NIAZ BUTT,
Deputy Secretary
