EMIGRATION RULES, 1983
Emigration Act, 1983
[31 OF 1983]1
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
Short title, extent, application and commencement.
1. (1) This Act may be called the Emigration Act, 1983.
(2)It extends to the whole of India and applies also to citizens of India outside India.
(3)It shall come into force on such date2 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. Definitions.
2. (1) In this Act, unless the context otherwise requires,—
(a) “certificate” means a certificate of registration issued under section 11;
(b) “conveyance” includes a vessel, vehicle, country-craft and an aircraft;
(c)“dependent” means any person who is related to an emigrant and is dependent on that emigrant;
(d)“emigrant” means any citizen of India who intends to emigrate, or emigrates, or has emigrated but does not include—
(i)a dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that emigrant has lawfully emigrated;
1. Dated 10-9-1983.
2. With effect from 30-12-1983.
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(
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ii) any person who has resided outside India at any time after attaining the age of eighteen years, for not less than three years or the spouse or child of such person;
e) “emigrant conveyance” means any conveyance specially chartered for conveyance of emigrants or for conveying emigrants exceeding such number as may be prescribed:
Provided that the Central Government may, by notification, declare that any conveyance conveying emigrants to such place as may be specified in the notification shall not be deemed to be an emigrant conveyance;
f) “emigrate” and “emigration” mean the departure out of India of any person with a view to taking up any employment (whether or not under an agreement or other arrangements to take up such employment and whether with or without the assistance of a recruiting agent or employer) in any country or place outside India;
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g) “employer” means any person providing or offering to provide, employment in any country or place outside India;
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h) “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 expressions shall be construed accordingly;
(i) “notification” means a notification published in the Official Gazette;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “Protector of Emigrants” means a Protector of Emigrants appointed under section 3 and includes a person authorised under section 5;
(l) “recruiting agent” means a person engaged in India in the business of recruitment for an employer and representing such employer with respect to any matter in relation to such recruitment including dealings with persons so recruited or desiring to be so recruited;
(m) “recruitment” includes the issuing of any advertisement for the purpose of recruitment, the offering by advertisement to secure or assist in securing any employment in any country 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;
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n) “registering authority” means the officer appointed under section 9 to be the registering authority for the purposes of this Act;
(o) “work” means—
(i) any unskilled work, including any form of industrial or agricultural labour;
(ii) any domestic service;
(iii) any service, not being a service in a managerial capacity, in any hotel, restaurant, tea-house or other place of public resort;
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iv) work as a driver of a truck or other vehicle, mechanic, technician or skilled labourer or artisan;
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v) work as an office assistant or accountant or typist or stenographer or salesman, or nurse or operator of any machine;
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vi) work in connection with, or for the purposes of, any cinema, exhibition or entertainment;
vii) 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.
(2) 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.
COMMENTS
SECTION NOTES
2.1 Definition of “Emigrant” [Section 2(1)(d)]
An emigrant is any citizen of India who intends to emigrate, is emigrating, or has already emigrated.
“Emigrant” does not include:
Dependent of an Emigrant:
This includes a dependent who travels with the emigrant.
This also includes a dependent who travels later to join the emigrant in the country where the emigrant has lawfully emigrated.
Person with Prior Foreign Residency:
Any person who has resided outside India for at least three years after turning eighteen.
The spouse or child of such a person is also excluded.
2.2 Definition of “Emigrant Conveyance” [Section 2(1)(e)]
“Emigrant Conveyance” means:
Any conveyance that is specifically chartered for the purpose of carrying emigrants.
Any conveyance that carries more than the prescribed number of emigrants.
Central Government’s power to exclude:
The Central Government may issue a notification to exclude:
Any conveyance transporting emigrants to a specified place will not be considered an “emigrant conveyance.”
2.3 Definition of “Emigrate” and “Emigration” [Section 2(1)(f)]
“Emigrate” and “Emigration” means:
The departure of a person from India.
The purpose of the departure is to take up employment in any country or place outside India.
Conditions of employment:
The employment may or may not be under a pre-existing agreement or other arrangements.
The employment may or may not be secured with the assistance of a recruiting agent or employer.
2.4 Definition of “Employment” [Section 2(1)(h)]
“Employment” means:
Any service, occupation, or engagement.
This work must be of the kind specified in clause (o).
It is performed for wages or a reward.
“Employment” does not include:
Service, occupation, or engagement under the Central Government or a State Government is not considered employment.
Interpretation as to grammatical variations:
The grammatical variations and related expressions of the term “employment” shall be interpreted in accordance with this definition.
2.5 Definition of “Recruiting Agent” [Clause (l)]
“Recruiting Agent” includes:
A person in India who is involved in the business of recruitment on behalf of an employer.
This person represents the employer regarding any matter related to this recruitment.
Scope of representation:
Recruiting agent includes interactions with individuals: Who have been recruited, or Who wish to be recruited.
2.6 Definition of “Recruitment” [Section 2(1)(m)]
“Recruitment” includes action of:
Issuing an advertisement for recruitment purposes.
Offering to secure or assist in securing employment in any country or place outside of India through an advertisement.
Engaging in any of the following with an individual concerning their employment outside of India: Correspondence
Arrangement
2.7 Definition of “Work” [Section 2(1)(o)]
Work for the purpose of this Act includes:
Unskilled Work that includes industrial or agricultural labour. Domestic Service.
Any service in a hotel, restaurant, tea-house, or other public resort, excluding managerial roles.
Skilled/Technical work:
Driver of a truck or other vehicle.
Mechanic, technician, skilled labourer, or artisan.
Office/Professional Roles:
Office assistant, accountant, typist, stenographer, salesman, nurse, or machine operator.
Entertainment-related work that is connected with or for the purpose of a cinema, exhibition, or other entertainment.
Additional specified work:
Any professional or other type of work that the Central Government specifies by notification.
This is done after considering the need to protect Indian citizens employed in such work abroad and other relevant circumstances.
Exclusion of work by Central Government:
The Central Government may issue a notification to declare that a specific category or sub-category of work is not considered “work” under this definition.
This can be done if the government is satisfied that it is necessary, considering: The conditions of service for employment in that category.
Whether the declaration applies generally or to a particular country or place.
Other relevant circumstances.
CHAPTER II
EMIGRATION AUTHORITIES
Protectors of Emigrants.
3. (1) The Central Government may, by notification, appoint a Protector General of Emigrants and as many Protectors of Emigrants, as it deems fit, for the purposes of this Act.
(2) 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.
EMIGRATION ACT 1983 WITH EMIGRATION RULES 1983 – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN’S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : NOVEMBER 2025
EDITION : 2026 EDITION
ISBN NO : 9789371260770
NO. OF PAGES : 68
BINDING TYPE : PAPERBACK
DESCRIPTION
Emigration Act 1983 with Emigration Rules 1983 [Bare Act with Section Notes] by Taxmann provides a clear and updated presentation of India’s principal legislation regulating emigration and overseas employment. It consolidates the law relating to the emigration of Indian citizens, ensuring their protection, welfare, and proper oversight through registered recruiting agents and emigration clearance procedures. The 2026 Edition reproduces the latest statutory text of the Act and Rules, complemented by Taxmann’s interpretative Section Notes and judicial summaries explaining their practical application.
This book is intended for the following audience:
• Legal Practitioners & Counsels
• Recruiting Agents, Employers, and Overseas Placement Agencies
• Government Officers & Protectors of Emigrants
• Academicians, Researchers & Students
• Human Resource Consultants & Exporters of Manpower
The Present Publication is the 2026 Edition, covering the amended and updated text of the Emigration Act [Act No. 31 of 1983] and Rules, with the following noteworthy features:
• [Authentic Text (Updated)] Includes all amendments and rule revisions up to date
• [Pre-amendment Notes] Shows earlier provisions for historical comparison
• [Section Notes & Case Law] Explains definitions, procedures, and key judicial rulings
• [Comprehensive Coverage] Combines the Act and Rules with all prescribed forms and annexures
• [User-friendly Layout] Section-wise arrangement with marginal notes and cross-references
• [Practical Insights] Covers issues like registration, forfeiture of security, and illegal recruitment offences