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Powers of POE
  • Power to search, seize and detain persons, conveyance, etc,-All the powers for the time being conferred by the Customs Act, 1962 (52 of1962), on officers of customs with regard to the searching and detention of persons, vessels or aircraft or any other conveyance, or seizure of any document or thing or arrest of any person or otherwise for the purpose of prevention or detection of any offence under that Act or for apprehending a person suspected to have committed any offence under that Act may be exercised for the purpose of prevention or detection of any offence under this Act or for apprehending a person suspected to have committed any offence under this Act, by-
    • Any such officer of customs, or
    • The Protector General of Emigrants or a Protector of Emigrants, or
    • An officer in charge of an emigration check-post.
  • The power of inspect any register or other record maintained by a recruiting agent under sub-section(1) and for the purpose of such inspection, enter, at any reasonable time, the business premises of a recruiting agent.
  • Judicial Powers: Authorities and officers to have certain power of civil court-(1)  The Protector General of Emigrants, the registering authority, the competent authority and every Protector of Emigrants shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure,1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:-
    • Summoning and enforcing the attendance of witnesses;
    • Requiring the discovery and production of any document;
    • Requisitioning any public record or copy thereof from any court or office;
    • Receiving evidence on affidavits; and
    • Issuing commissions for the examination of witnesses or documents.

(2) Every proceeding before the Protector General of Emigrants, or the registering authority or the competent authority or the competent authority or a Protector of Emigrants shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Protector General of Emigrants, the registering authority, the competent authority, and every Protector of Emigrants shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)