Law: Emigration Ordinance, 1979

Section: 26, 12(1)(2),16 (2) (r)

(a)Emigration Ordinance (XVIII of 1979) S. 26 read with S. 12 (2)-Validation-Petitioners granted valid licences under Emigration Rules, 1959 having furnished requisite security-Emigration Act (VII of 1922) repealed by Emigration Ordinance (XVIII of 1979)-Government thereafter, issuing notice to petitioners to deposit fresh securities-No new fee or security, held, required for validation of previous licences. (b) Emigration Ordinance (XVIII of 1979) S. 26 read with S. 12 (2)--Validation of previous licences-No specific power, held, provided in Ordinance to increase amount of security in respect of validated licences. (c) Emigration Ordinance (XVIII of 1979)  Ss. 12 (1) (2) & 16 (2) (r) read with Emigration Rules, 1979 R.ule 8 (6)--Rule empowers Federal Government to change amount of security money-Rule, held, would only apply to licences issued under Ordinance. (d) Emigration Ordinance (XVIII of 1979) S. 26-Validation-Non-compliance of impugned notices though entails cancellation of validated licences yet no express provision of law, held, authorises interference with vested rights retrospectively. Date of hearing : 7th October, 1979                                                                                                                                     JUDGMENT This order shall also dispose of Writ Petitions Nos. 3771/79, 3999/79, 3809/79, 3965/79, 3716/79 and 5244/79, which involve the same question as is being raised here. 2. The facts common to all these petitions are that the petitioners had been granted valid licences under the Emigration .Rules, 1959.' They had also deposited or furnished security in the sum of Rs. 20,000 as provided therein. The Emigration Act, 1922, under which the previous rules had ,been framed was repealed by the Emigration Ordinance, 1979 (hereinafter called the Ordinance), with effect…