Section 39 of EA 1983 : Section 39: Effect Of Other Laws

Explanation using Example

Imagine an Indian company, TechSolutions, has an agreement with its employees that includes a clause allowing them to work abroad for short-term projects without additional formalities. However, under the Emigration Act, 1983, there are specific requirements and procedures that need to be followed for emigration for employment purposes. According to Section 39(1) of the Emigration Act, the rules and provisions of the Emigration Act would override the company's internal agreement, requiring TechSolutions to ensure that the necessary emigration clearances and procedures are followed for its employees, despite what their private agreement states.

Furthermore, if there is another law that provides for additional protections or requirements for emigration, Section 39(2) ensures that the provisions of the Emigration Act do not undermine those laws. Instead, they coexist, providing a broader legal framework for the employees of TechSolutions to be protected and regulated under both the Emigration Act and any other applicable laws.