No person to function as recruiting agent without a valid certificate
Section 10 of the Emigration Act, 1983 deals with no person to function as recruiting agent without a valid certificate. Save as otherwise provided in this Act, no recruiting agent shall, after the commencement of this Act, commence or carry on the business of recruitment except under and in accordance with a certificate issued in that behalf by the registering authority: Provided that a person carrying on the busines The Act came into force on 30 Dec 1983.
Save as otherwise provided in this Act, no recruiting agent shall, after the commencement of this Act, commence or carry on the business of recruitment except under and in accordance with a certificate 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 month and such application is in the prescribed form and contains the prescribed particulars, till the disposal of such application by the registering authority.
Section 10, The Emigration Act, 1983 (Act 31 of 1983).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Raman Sundaresan v. Joint Secretary, Ministry of External Affairs & Protector General of Emigrants & Ors.
Court's Decision & Legal Precedent
s.10 bars functioning as recruiting agent without registration certificate; non-payment of foreign salary dues is not an ingredient of s.10. Internal MEA communication closing a delayed s.10 complaint after investigation finding no illegal recruiting agency not interfered with; writ rejected. Document text dated 16 May 2023 matches Final Order index. DATE VERIFIED Final Order 2023-05-16 (order-1.pdf).
On this section: s.10 — No recruiting agent without valid certificate; scope vs salary disputes
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Jameskutty Kuriakose vs State of Kerala Rep.by The Public prosecutor , Kottayam
Court's Decision & Legal Precedent
Anticipatory bail should be denied where custodial interrogation is necessary to unearth the full extent of organized illegal recruitment operations and fraud, especially when a prima facie case exists and the accused is a foreign national.
On this section: Basis for registration of Crime No. 998/2025 regarding unlicensed recruitment.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Emigration Act?
Raman Sundaresan v. Joint Secretary, Ministry of External Affairs & Protector General of Emigrants & Ors. (16 May 2023) is the leading judgment on this section among those set out below: s.10 — No recruiting agent without valid certificate; scope vs salary disputes. Another 1 judgment on this section is set out below. They run from 2023 to 2025.
How do I find court cases under Section 10 of the Emigration Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Emigration Act 1983 10, section 10 Emigration Act 1983, section 10 of the Emigration Act. People searching for it also type emigration act 10 24 and immigration act 10. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Raman Sundaresan v. Joint Secretary, Ministry of External Affairs & Protector General of Emigrants & Ors. (16 May 2023).
What should I read with Section 10 of the Emigration Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 10 of the Emigration Act come into force?
Section 10 of the Emigration Act, cited as Emigration Act 1983 10, came into force on 30 Dec 1983, having been enacted on 10 Sep 1983. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions735 words
- 14. Cancellation, suspension, etc., of a certificate583 words
- 22. Requirement, etc., as to emigration clearance576 words
- 11. Application for registration491 words
- 17. Procedure for obtaining permits459 words
- 41. Power to exempt417 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.