J M INTERNATIONAL Vs. UOI

JUDGEMENT

(1.) The petitioner was granted a Registration Certificate under Section 11 of the Emigration Act, 1983 to carry on the business of recruitment of persons for overseas employment. The term of the said certificate was till 4 th July, 2010. The petitioner, if desirous of renewal of the said certificate, was under the first proviso of Section 13 of the Act required to make an application therefor not less than three months prior to the date on which the certificate but for such renewal would cease to be valid. The petitioner was as such required to apply for renewal latest by 4 th April, 2010. The petitioner however applied for renewal on 29 th May, 2010 i.e. after a delay of 54 days. The application of the petitioner was rejected by the Registering Authority vide order dated 13 th July, 2010 for the reason of having not been preferred within time.

(2.) The second proviso to Section 13 of the Act empowers the Registering Authority to entertain application for renewal made at any time during the period of three months prior to the date on which the certificate would, but for renewal cease to be valid if the applicant satisfies the Registering Authority that he had sufficient cause for not making such application before the said time.

(3.) It was the case of the petitioner that he could not make an application for renewal within the prescribed time for the reason of being indisposed. The petitioner in this regard filed with the Registering Authority a medical certificate dated 29 th May, 2010 of a private hospital to the effect that he was under treatment for Diabetes Mellitus & Hypertension with acute Abdomen pain from 3 rd April, 2010 till 29 th May, 2010.