Recruitment by employers to be through recruiting agent or under permit
Section 16 of the Emigration Act, 1983 deals with recruitment by employers to be through recruiting agent or under 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 except-- (a) through a recruiting agent competent under this Act to make such recruitment, or (b) in accordance with a valid permit issued in this beha The Act came into force on 30 Dec 1983.
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 except--
(a) through a recruiting agent competent under this Act to make such recruitment, or
(b) in accordance with a valid permit issued in this behalf under this Chapter.
Section 16, 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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Anwar Hussain v. State of Kerala & Anr.
Court's Decision & Legal Precedent
DATE-VERIFIED Final Order 2010-03-22 (order-1.pdf) — get_case_brief markdownContent body '22nd March 2010' matches index. Cognizance under Emigration Act ss.10/16 r/w s.24 quashed: s.16 applies only where an employer recruits a citizen for overseas employment otherwise than through a competent recruiting agent or under a valid permit; prosecution had no case that petitioner was such an employer (or a recruiting agent under s.10). IPC s.420 left to Magistrate for compound under CrPC s.320(2).
On this section: s.16 — Employer-recruitment offence is attracted only if the accused is an employer recruiting overseas otherwise than through a registered recruiting agent or under permit; private cheating without employer/recruiting-agent character is outside s.16.
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 16
What have the courts held on Section 16 of the Emigration Act?
Anwar Hussain v. State of Kerala & Anr. (22 Mar 2010) is the leading judgment on this section among those set out below: s.16 — Employer-recruitment offence is attracted only if the accused is an employer recruiting overseas otherwise than through a registered recruiting agent or under permit; private cheating without employer/recruiting-agent character is outside s.16.
How do I find court cases under Section 16 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 16, section 16 Emigration Act 1983, section 16 of the Emigration Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Anwar Hussain v. State of Kerala & Anr. (22 Mar 2010).
What should I read with Section 16 of the Emigration Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 16 of the Emigration Act come into force?
Section 16 of the Emigration Act, cited as Emigration Act 1983 16, 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 16 Oct 2026. This page is not a substitute for legal advice.