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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART I I- Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 589] NEW DELHI, FRIDAY, DECEMBER 30, 1983/PAUSA 9,1905

Separate paging is given to this Part in order that It may be filed as a separate

compilation

MINISTRY OF LABOUR & REHABILITATION

Department of Labour

NOTIFICATIONS

New Delhi, the 30th December, 1983

S.O. 940(E).—In exercise of the powers' conferred by sub-section (3) of section 1 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby appoints the thirtieth December nineteen eighty three as the date on which the said Act shall come into force.

[No. CGE-11011|8|81-EMIG-I(i)]

1250 GI/83

(1)

"1

1250 GI/S;~2

S.O. 941 (E).—In exercise of the powers conferred by section 43 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby makes the fol- lowing rules :

PRELIMINARY

1. Short title and commencement : (1) These rufcs

may be called the Emigration-Rules, 1983.

(2) They shall come into force on the date of their

publication in the Official Gazette.

2. Definitions : In these rules unless the context

otherwise requires,—

(a) "Act" means the^Emigration Act, 1983 (31

of 1983);

(b) "Certificate" means a certificate issued under

section 11 of the Act;

(c) "Competent Authority" means competent au- thority notified by Central Government under section 15 of the Act;

(d) "demand" means the category-wise, skill- wise number of workers' required by the em- ployer for being employed in his establish- ment. This includes description of job-speci- fications and salary offered;

(e) "emigration number" means the number as- signed by the Protector of Emigrants to an emigrant at the time of granting emigration clearance;

(f) "Form" means a Form annexed to these

rules;

(g) "permit" means a permit issued under Chap-

ter IV of the Act;

(h) "remittable component" means a part of the wages which the emigrant is entitled to re- mit to India;

(1) "unauthorised emigrant" means any person who has emigrated or intents to emigrate out of India for employment in violation the pro- vision of the Act and the rules.

3. Dependent erf an emigrant : (1) a person who claims to be the dependent of an emigrant shall be required to produce in support of his claim a certifi- cate to this effect from the District Magistrate or a re- venue authority not below the rank of Tehsildar at the place where the emigrant ordinarily resides or domi. cues.

(2) Determination of the purpose of visit of de- pendent shall be carried out with reference to the na- ture of the visa, sponsorship certificate and such other travel documents as may be considered necessary.

4. Emigrants conveyance : Any conveyance, espec- ially chartered for conveyance of emigrant or employed generally for conveying emigrants exceeding two in number shall be deemed to be emigrant conveyance.

5. Recruiting agent representing the employer : The representation of an employer by a recruiting agent shall be determined with reference td the power of attorney given by the employer to the recruiting agent. The representation shaft¹ be limited for purpose men- tioned in the power of attorney. Such power of attorney unless limited in time by an express provision shall bo valid for a period of one year from the date of its execution.

6. Inspection of an emigrants conveyance : (1) If the Protector of Emigrants has reason to believe that a conveyance, is an emigrant's conveyance he may ins- pect such conveyance with a view to detecting the pre- sence of unauthorised emigrants in the conveyance or for obtaining such evidence as may be necessary for protecting the interests of emigrants and he may, with such assistance, as he may think fit,—

(i) enter such conveyance at any time;

(ii) require the production of registration certi- ficate of'the conveyance, log book and list of passengers; and

(iii) take such other evidence and examine any

person as he may deem necessary.

(2) Person having the general management or con-

trol of the conveyance shall provide such means as may be required by the Protector of Emigrants for inspection under sub-rule (1).

7. Registration of recruiting agent—An application for registration of a recruiting agent shall be made in Form I and shall be accompanied by—

(i) a bank draft of one hundred rupees payable in favour of the Protector General of Emi- grants towards the application fee; and

(ii) an affidavit in Form II annexed sworn before a Metropolitan Magistrate or a Judicial Magistrate or a Judicial Magistrate giving the applicant's current financial standing.

8. Amount of security.—Determination of the amount of security deposit under section (3) of sec- tion 11 shall be done with reference to the estimated number of persons to be recruited by an applicant dur- ing the period for which the registration is applied for in accordance with the following scale,—

(i) minimum upto 100 l lakh (ii) 101 to 600 3 lakhs , (iii) 601 to 1000 4 lakhs fivt lnni anA aUnim t i-i.L

(2) In the event of the recruitment of the specified number getting completed before the dale of expiry of the certificate, the holder of the certificate mav be per- mitted by the Registering Authority to continue re- cruitment upto the date of expiry of the certificate on furnishing additional security in accordance with the scale prescribed after reckojiing the total number of persons to bo recruited, including the number already recruited.

9. Validity of certificate—A certificate shall be vaiid

for a perio'd of three years :

Provided that a certificate may be issued for a shor-

ter period—

(a) if the person to whom it is issued so desires;

or

(b) if the registering authority, for reason;, to be communicated in writing to the applicant for the certificate, considers in any case iha'l the certificate should be issued for a shorter period.

10. Terms and conditions of the certificate—(1) The registration certificate shall be subject to the following terms and conditions-—

(i) This certificate shall be valid far a period

specified in the certificate;

(ii) the certificate shall not be 'transferable;

(iii) the holder of the certificate shall conduct the business under his own hand and¹ seal;

(iv) a photocopy of registration certificate shall be displayed prominently at a conspicious place of .business;

(v) the certificate shall be made available for inspection to the emigration authorities, law enforcement authorises and employers;

(vi) the certificate shall be produced on demand for satisfaction of the bonafides o"f the re- cruiting agent, when such demand is made by an emigrant;

(vii) the bolder of die certificate shall conduct fhe business from the place indicated in cer'dfi- cate, For opening a recruitment centre at a place other than the place indicated in the certificate, the holder of the certificate shall obtain the prior permission of the registering authority;

(viii) the holder of the certificate shall rot employ sub-agents for 'the purpose of conducting or carrying on his business, and

(ix) the holder of the certificate shall maintain the following records at his place of business and shall make them available for in peel ion on demand by Protector General of Emi- granis or 'the Protector of Emigrants,—

(b) a register and records of the amounts and Pre-paid Ticket Advices alongwiVh their phold copies received from the. employers, identified demand-wise;

(c) a register containing details of expenses incurred on the recruitment of emigrants demand-wise supported by documents;

(d) individual folders for each employer whose demands of labour, the holder of ihe certi- ficate has processed, proposes to process or i,s processing;

'yp.) bio-data of each emigrant recruited by the

holder of ihc certificate;

(f) copies of employment contracts of each emigrant as authenticated by the Protec- tor of Emigrants;

Cg) original demand letter, power of attorney and correspondence with the employers;

(h) all documents relating to the recruilrrunt

of emigrants, including office copies of all advertisement issued, letters of interview and correspondence wfrli the applicants, original award sheets leading to the selec- tion, names and addresses of persons in- volved in the selection process, copies at letters of appointments, trade-testing par- ticulars;

(i) a register of visas received from the emp- loyers, giving separate account of block and individual visas;

(j) a register of cTaims for all compensations (incluling for injury or death) made by the emigrants or their dependents, recrui- ted by the holder of the certificate giving the name, address of the emigrant, emigra- tion number, country of employment, na- ture of compensation (ricludiiig the de- tails in regard to the circumstances leading to the claim), address of the rccepients and the name and address of the employe^ and the receipt in original in token of having made the payment of compensation; and

(k) such other records as may be required to be maintained by the registering authority.

(x) The holder of tbf certificate shall furnish return of the preceding month in Form IV by the 10th of the succeeding month,

Cxi) Copy of each advertisement for recruitment of the emigrants shall be endorsed to the Protector of Emigrants;

(xii) the holder of the certificate shall ensure that the employer observes' the terms and conditions of the contract; and

(xiii) the holder of the certificate shall not charge any amount from the emigrant towards the repatriation expenses.

(2) The Certificate shall be in Form V

(2) The application for issue of permits for recruit- ment by Indian employers for foreign jobs shall be in Form-VH.

12. Conditions of permit—The perjnit shall be sub-

ject to the following conditions, namely :—

(i) the permit is not transferable.

(ii) the permit is valid for a period of six months from the date of issue or the date of comp- letion of the recruitment whichever is earlier.

(iii) Workers recruited on the strength of this permit shall not be repatriated on the ground that they do not possess the required skill.

(iv) The holder of the permit shall not obtain the assistance of recruiting agent in any manner.

(v) The employment agreement with the worker shall be signed by the holder of the permit.

(iv) The holder of the permit shall be under ob- ligation to treat the contract entered into with the worker as enforceable under the Labour Laws of the country of employment. It shall be his responsibility to file the copies of the contracts with the concerned authorities in the country of employment.

(vii) The holder of the permit shall not supply manpower recruited on the strength of this permit to any other agency or concern.

(viii) The holder of the permit shall be respon- sible for the general welfare and redressal of specific grievances of the workers recrui- ted on the strength of the permit during the period of contract.

(ix) The holder of the permit shall not extend the services of a worker after the expiry of a contract without entering into a fresh contract or without extending the existing contract.

(x) The holder of the permit shall notify to the Indian Mission in the country of employment each case of death or disability of a worker within 48 hours of the occurrence of the event. Similarly information should be com- municated to the next of kin in India in case of disability|death within 48 hours.

(xi) The holder of the permit is prohibited from supplying manpower for a work in another country to a country other than the country from which the permit has been issued.

13. Issue of permit—(1) On receipt of the applica- tion, the competent authority may verify the facts con- tained in the application and may make the following enquiries to ascertain that the terms and conditions' of employment arc not discriminatory or .exploitative :—

(a) the basis on which the demand has been

computed;

(b) the principle on which skills have been

classified;

(c) job contents of a post required to be rilled;

(d) scope of future prospects in various cate-

gories of jobs;

(e) structure of supervisory control;

(f) grievances procedure followed; and (g) general reputation of the applicant and re-

ports of specific misconduct, if any,

(2) A permit issued under section 17 of the Act shall be in Form Vill and shall be valid for a period of six months' from the date of its issue or till the recruitment of the persons for whose recruitment such permit is issued is completed, whichever is earlier.

(3) In case the employer is not able to complete the recruitment within six months, then he may make an application under Section 18 of the Act for an extension of the period of validity of the permit, sta- ting the reasons therein for not completing the re- cruitment within the prescribed period. The prescribed authority may extend the validity of the permit by such further period as it may think fit but not ex- ceeding three months at a time,

14. (1) A foreign employer who has been granted a permit under sub-rule (2) of section 15 of the Act shall on arrival ii India submit to the Protector Ge- neral of Emigrants a certified copy of the permit and thereafter may proceed to make recruitments.

(2) Where the permit under sub-section (2) of section 15 has' been issued for recruitment of persons not more than two in number and where such recruit- ment is being made on the basis of postal communica- tion or personal contact, a copy of the permit certi- fied by the Indian Mission in the country of employ- ment can be filed by such person himself.

15. Application for emigration clearance—(1) Every application made under sub-section (2) of sec- tion 22 of the Act shall be made in Form IX by the applicant directly or through the recruiting agent if any or through the employer concerned and shall be accompanied by,—

(a) a true copy of the demand verified and au- thenticated by the Indian Mission in the country of employment;

(b) a true copy of the power of attorney given by the employer to the recruiting agent veri- fied and authenticated by the Indian Mis- sion in the country of employment;

(c) a true copy of the agreement under sub-see- tion (3) of section 22 of the Act verified and authenticated by the Indian Mission in the country of employment;

(d) a statement setting out the particulars of mat- ters prescribed under sub-rule (2) noj pro- vided in the agreement;

(e) a statement of additional conditions, if any;

(f) a statement a* td the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to

arrange for the repatriation to India of the applicant. This statement shall be verified and authenticated by the Recruiting Agent in case the applicant is recruited by him; and

(g) a demand draft of rupees fifty drawn in fav- our of the Protector General of Emigrants as the emigration fee in respect at each ap- plicant.

(2) An agreement under sub-section (3) of sec-

tion 22 shall provide for the following matters :—

(?) period of employment;

(ii) place of employment:

(iii) wages;

(iv) • working hours; ;

(v) overtime allowance;

(vi) accommodation;

(vii) occupational safety provisions; (viii) social security provisions including compen-

sation for injury and death;

(be) medical benefits;

(x) leave benefits;

(xi) travel and transportation expenses;

(xii) free food or food allowance provisions;

(xiii) conditions for the termination of employ-

ment;

(xiv) provisions in regard to coverage of special

risks including war;

(xv) provisions in regard to remittances;

(xvi) provisions in regard to renewal of contract;

(xviT) provision in regard to disposal and transpo-

rtation of dead body of the emigrant; and

(xviii) mode of settlement of disputes,

16. Emigration clearance under sub-section (1) of section 22 of the Act shall be given in Form X and an entry incorporating grant of emigration clearance to an emigrant for the country of employment for the period of contract and the attestation number of the Mission on the demand should be made in the passport of the emigrant by the Protector of Emigrants.

17. Itfrect recruitment by foreign employer—(1) Where an emigrant has been recruited directly by a foreign employer, the emigrant shall be required to de- posit one way return fare calculated from the place of employment to the place of origin of the basis of the International Air Transport Association fare structure as security.

(2) Where the liability for bearing the cost of re- patriation falls on the emigrant, security deposited by him under sub-rule (2) shall be utilised for his re- patriation on the orders of the Protector of Emigrants'.

18. Form of appeal—(1) Every appeal presented tn the Central Government under section 23 of the Act shall b© in the form of a memorandum signed by the appellant. The memorandum shall be sent in triplicate and accompanied by a copy of thr order ap- pealed against and a demand draft of rupees seventy five drawn in favour of the Union of India towards the fee for the appeal.

(2) The memorandum—

(a) shaH set forth concisely the grounds of ob- jection to the order appealed against and such ground shall be numbered consecuti- vely ; and

(b) shall specify—

(i) the address at which notices or other pro- cesses may be served on the appellant; and

(ii) the date on which the order appealed against was 3erved on the appellant.

(3) Where the memorandum is presented after the expiry of the period of thirty days referred to in sub- section (2) of section 23, it shall be accompanied by a petition, in triplicate, duly verified and supported by the documents, if any, relied upon by the appellant, showing cause how the appellant had been prevented from praferring the appeal within the said period of thirty days.

(4) Any notice required to be served on the ap- pellant shaH be served on him in the manner pres- cribed in rule 18, at the address for service specified in the memorandum.

19. Procedure before the appellate authority—(1) On receipt of an appeal under rule 18, the Appellate Authority shall send a copy of th© memorandum of appeal to the registering authority or the competent authority or the Protector of Emigrants or the pres- cribed authority against whose order the appeal has been presented.

(2) The Appellate Authority shall then issue no- tices to the appellant and the registering authority or the competent authority or the Proector of Emigrants or the prescribed authority, as the case may be, fixing a date for hearing of th" appeal.

(3) On the date fixed for the hearing of the ap- peal, or any other day to which the hearing of the appeal may be adjourned, the appellant as well as the representative of the registering authority or the competent authority or the Protector of Emigrants or the prescribed authority, as tho case may be, shall be heard.

(4) Where on the date fixed, or any other day to which the hearing of the appeal may be adjourned, the appellant fails' to appear when the appeal is called on for hearing, the Appellate Authority may decide the appeal on the basis of the records of the case,

20. Contents of the order in appeal—The order of appellate Authority shaH be in writing and shall state briefly the grounds for the decision and shql] also be signed by the Appellate Authority.

21. Representation of party—Any person who has' filed an appeal under section 23 of the Act may ap- point a pleader, advocate or any other person to ap- pear, plead and act on his behalf before the Appel- late Authority.

22. Procedure for deciding emigrant status—Where a question arises before a Protector oZ Emigrants aF to whether a person intending to deport frCm India is or is not an emigrant shall be decided by the Pro- tector of Emigrants ai'ler holding an enquiry in the following manner :—

(a) he may require the presence of the concer- ned person on an appointed day and time:

(b) he may also require the concerned person

to produce evidence relating to—

(i) the present occupation;

(ii) his financial status and income;

(iii) certificate of sponsorship from ihc

foreign country;

(iv) the source of financing of the journey;

(v) the source of receipt of foreign exchange; and thereaitcr he shall pass speaking order and copy of the same sha'1 be provided to the person concern- ed and an endorsement to ihis effect shall be made in the passport.

23. Forfeiture of security deposit.—Where the crm- petent authority or the registering authority has reason to beleive that it is expedient to forfeit the whole or any part of security furnished by any person for being utilised for such purpose and in such manner as may be specified in the order, he may, after Riving a notice to this effect to such person and thereafter giving him an opportunity to represent hi.; case, by order in writing, forfeit the whole or any part of the security.

24. Authorities and officers to have certain powers of civil courts.—(1) The Protector General of Emi- grants, the registering authority, the competent autho- rity and every Protector of Emigrants shall, for the purpose of discharging their functions under this Act, n?>ve the same powers as nre vested in a court under the Codf* of Civil Procedure. 1903 while trying a suit, in respect of the. following matters, namely :—

(a) Summoning and enforcing the attendance

of witnesses;

(b) requiring any public record or copy thereof

from any court or office;

(c) requisitioning any public record or copy

thereof from any court or office:

(d) receiving evidence on affidavits; and

(e) issuing corrrnisslons for the examination of

witnesses or documents.

(2) Every proceeding before the Protector General of Emigrants, or the registering authority or the com- petent authority or a Protector of Emigrants shall be a judicial proceeding within the meaning of section 193 and 228 of (he. Indian Penal Code and the Pro- tector General of Emigrants, the registering autho- rity, the competent authority, nnd every Protector of Fmign.nts shall be d^med to be a civil" court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure. 1973.

25. Sendee dinnies.—The c i v i le which the re- cruiting a'lcnt may recover from an emigrant, in res- pect of services rendered shall not exceed rupees one thousand and fhte hundred for which the recruiting agenf shall give a receipt to the emigrant.

26. Service- of notice and orders,—A notice or an order issued under these rJules shall be served on any person in the following manner, that is to say—

(a) by delivering or tendering the notice or order to that person or his duly authorised agent; or

(b) by sending a notice or order to him by Re- gistered i}ost with acknowledgement due to the address of his place or residence or his last known place of residence or the place wiierc he carries out or last carried out business or personally works or last worked for gain; or

(c) if the notice or order cannot be served under clause (a) or clause (b), by affixing it on the outer door or some other conspicuous part of the ptemises in which that person resides or is known to have last resided, or carries out or last carried out business or personally works or last worked for gain and that written report thereof should be wit- nessed by two persons.

FORM-I

FORM OF APPLICATION FOR REGISTRATION

OF A RECRUITING AGENT

(Sec rule 7)

1. Name of the Applicant.

2. Status (Company!a partnership firm|

sole proprietor) (in case of a< company copy of the registration certificate and memorandum of articles and in case of a firm copy of the registration certificate and partnership deed shall be annexed to this application).

3. Date of setting up of the establishment.

4. Name, designation and address of

Director, Partner or proprietor who are authorised to sign on behalf of the applicant firm or the proprietary concern (specimen signatures to be attached).

5. Rim? and -ddress of bankers,

ti. Financial status :

(i) value of assets supported by a

certificate issued by an approved valuer.

(ii) bank deposits supported by n certificate of the bank.

(iii) investments.

(iv) Net worth.

(v) Permanent income-tax . number

(enclose a enrry of the previous yrsr income-tax amount certificate).

7. BiHr.ess during the last five years.

8, Experience, if any, in recruitment of

manpower for overseas employment, if so :

(a) whether the applicant was registered earlier as Recruiting Agency and if so, the details.

(b) whether any director |partnerjproprictot had been associated with any recruiting agency in the past and if so, give detaili

9, If previously in the business of recruitment, total number cf workers deployed abroad, year-wise, country-wise and category-wise during the last five years.

10. Whether there are any complaints against th

applicant in respect of workers recruited, if so, details thereof.

11. Whether there is any criminal or civil case pending in any court against the applicant; if so, details thereof.

12. Whether any DirectorjPartncr|Proprietor bav

ever been convicted; if so, details thereof.

13. Whether any Certificate issued under Emigra tion Act, 1983 was cancelled; if so, reasons thereof.

14. Address of the office premises for conducting

the business.

15. Whether the office premises is owned, on hire or on lease, if the office is in hired] •leased premises, the name and address of the owner.

16. Whether business premises are adequate and

easily accessible for the public.

17. Give details of the facilities for conducting

business at the applicant's disposal.

18. Name of countries where the applicant pro-

poses to concentrate his efforts to deploy Indian workers. How does he remain in

contact with these markets.

19. Number of workers proposed to be recruited

and form in which security is to be deposited.

20. Period for which registration is applied for.

UNDERTAKING

I undertake that in the event of any cf the infor- mation furnished above being found to be false or incorrect in any respect, the Certificate is liable to be cancelled.

Date

Applicant

F0RM-I1

AFFIDAVIT

(See rule 7)

I, son of Shri

aged resident of do hereby solemnly affirm ?nd declare as under :— 1. That 1 the Comp;tny]firm awn(s) fixed assets

of the value of rupees.

2. That I the Companyjfirm hold(s) bank deposits

of rupees.

3. That I the Company|fiim have made the follow-

ing other investments : (a)

(b)

(c)

(d)

4. That I the Company|firm have the following liabilities :

(a)

(b)

(c)

/ERIFICATION

I do hereby solemnly affirm and declare that the ontents of paras 1 to 4 above are true to the best if my knowledge and that nothing has been conceal- d.

Verified at on

DEPONENT

A t t e nd b.-fore etrop olitan Magistrate/.ludichl Magistrate

NAME, SIGNATURE AND SEAL

FORM-IV

Name of the Company Registration Number Hi-tnrn for the Month of

MONTHLY RETURN TOBK SUBMITTED BY THE RETURNING AGENT TOTHE OFFICE OFTHE PROTECTOR

GENERAL OF EMIGRANTS BY THE 10TH OF E v'ERY MONTH

[See rule l(Xa)J

No. of persons deployed

abroad

Details of Demand

No. of persons

Charges recovered from emigrants

1 2 3

Category Country Wages

No. of Pre-paid Ticket

No- of visas

Advises

Received Utilised

Received Utilised

repatriated

by employer

before

completion of contract period

3

1

4

1250 Gl/83—3

Fees received from employer in foreign exchange)

7

6

5

Signature Seal of the Company Date

FORM-V

Certificate No

CERTIFICATE

[See nile 10(2)]

With reference to the application dated —

for grant of a Certificate under Section 10 of the Emigration Act, 1983 to commence or carry on the business of recruitment for deployment of Indian workers wilh foreign employers. M|s.- — is hereby granted the said eertificate cifective from the date of issue of this certificate, subject to the following terms and conditions, namely :—

(i) that the business shall be conducted at —;

(ii) that this certificate is valid for a period o f— years or till the completion of the recruitment of—— workers, whichever is earlier. Tn the event of the recruitment of the specified number getting completed before the specified period, the holder of the certi- ficate can be permitted to continue recruitment upto the expiry of the certificate on production of evidence of actual demand and on furnishing additional security under sub-rule (2) of rule 8 ;

(iii) that the holder of the certificate shall conduct business under signatures and seal of the director! partners[proprietor and the certificate shall not be transferable ;

(iv) that this registration eertificate shall be promi- nently displayed at conspicuous place in the premises of business and shall be produced on demand by the emigration authorities, law enforcement authorities and employers ;

(v) that the holder of the certificate shall normally conduct the business from the place indicated in the application for registration. For opening a¹ Recruit- ment centre at a place other than the place indicated in the application, the holder of the certificate has to obtain the prior approval of the Registering Authority ;

(vi) that the holder of the certificate shall not employ sub-agents for the purpose of conducting or carrying on his business;

(vii) that the holder of the certificate shall not charge more than the prescribed fee from the emigrants and also adhere to prescribed standard wages;

(viii) that the holder of the certificate shall main- tain the following permanent records at his place uf business :

(a) a Register of receipt of charges from emi- grants recruited, in the form of an original acquittance Roll containing the signature of each emigrant from whom the charge has been _ received. Each such Register shall be with reference to a demand for recruit- ment.

(b) a Register and record of the amounts and Pre-paid Ticket Advises, a-long with their photo copies received from the employers, identified demand-wise.

(c) a Register containing details of expenses incurred on the recruitment of emigrants demand-wise supported by documents.

(d) individual folders for each employer whose demands of labour, the holder of the certi- ficate has processed, proposed to process or is processing.

(e.) bio-dala (giving full particulars including name, address, age, skill, experience and name and address of next of kin) of each emigrant recruited by the holder of the certificate.

(f) copies uf employment contracts of each emigrant as authenticated by the Protector of Emigrants.

(g) original demand, power of attorneys and

correspondences with the employers.

(h) all documents relating to recruitment of emigrants, including office copies of all adver- tisements issued, letters of interviews and correspondence with Lhe applicants, original award sheets leading to the selection, names and addresses of persons involved in the sslection process, copies of letters of appoint- ments, trade-testing particulars, etc.

(i) a Register of visas received from the em- ployers, giving separate account of block and individual visas.

(j) a Register of claims for compensation for injury or death made by the emigrants or their dependents, recruited by the holder of the certificate giving the name, address of the emigrant, emigration number, country of employment, nature of injury or death, as the case may be, date of accident, name address of the recipients, name a-nd address of the employer, and the receipt in original in token of having made the pay- ment of compensation be pasted.

(k) such other records as may be required to be, maintained by the registering authority.

(ix) that the holder of the certificate shall furnish return of the preceding month in Form IV by the 10th of the succeeding; month,

(x) that copies of advertisements for recruitment of the emigrants shall be filed with the Protector of Emigrants ; and

Ori) that recruiting agent shall not charge the repat-

riation expenses from the emigrant.

Date and place

Signature, name and seal of the Registering Authority.

FORM-VI

FORM OF APPLICATION FOR A PERMIT FOR RECRUITMENT BY A FOREIGN EMPLOYER

LSee rule 11(1)J

1. Name of the employer.

2. Status (Company|a partnership firm[sole

proprietor). (in case of a company copy of the registra- tion certificate and memorandum of articles and in case of a firm copy of the registration

certificate and partnership deed shall be annexed to this application).

3. Have the applicant obtained the permission of his Government to employ foreign wor- kers ? (attach photocopy of the permission).

4. Has the applicant arranged to obtain employ- ment visa for the proposed number of workers ? Whether on block[individual basis ?

5. How docs the applicant propose to carry out

recruitment ?

6. What is present requirement ? (Attach detail- ed demand containing information about category of workers required, wages offered and a copy of specimen of the employment contract).

7. Has the applicant earlier employed any Indian workers in his establishment 7 If so, give the total number.

8. Are there any pending complaints from the Indian workers ; if so, details thereof.

UNDERTAKING

T undertake that in the event of the foregoing infor- mation being found to be incorrect or false in any respect, the permit shall be liable to be cancelled,

Applicant

Seal (chamber of Commerce)

Sea! (Foreign Affairs)

Seal (Indian Embassy)

FORM-VIT

FORM OF APPLICATION FOR A PERMIT FOR RECRUITMENT BY AN INDIAN PROJECT EXPORTER

f(Sce rule 11(2)1

1. Name of the employer.

2. Status (Company|a partnership firmjsole pro-

prietor).

(in case of a company copy of the registra- tion certificate and memorandum of ariicles and in case of a firm copy of the registration certificate and partnership deed shall be annexed to this application).

3. Has the applicant arranged to obtain employ- ment visa for the proposed number of workers ? Whether on bloekjindividual basis ?

4. How does the applicant propose to carry out

recruitment ?

5. What is present requirement ? (attach detailed demand containing information about cate*- gory of workers required, wages offered and a copy of the specimen of the employment contract).

6. Name of the country for which workers are

required ?

7. Name of the project undertaken in the foreign country and whether prime or sub-contract basis and details thereof.

8. Total value and nature of contract (attach a copy of the contract with Ihe foreign princi- pal).

9. Has the applicant obtained Reserve Bank of India| Screening Committee cl earance ? (Photo copy to be attached).

10. What will be the arrangement for payment of wages and remittances of wages ?

11. If prime contractor, is the applicant employ- ing a: sub-contractor ? If so, give details.

12. Does the applicant undertake to bear the liabi- lities of the sub-contractor towards workers In the event of the failure of the sub-con- tractor to discharge his liabilities ?

13. What arrangements the applicant shall make for accommodating the workers in the foreign country ?

14. Total number of Indian workers already em- ployed by the applicant abroad. Date up to which their wages have been paid and date upto which arrangements for remittance of remittablc components have been made.

15. Is there any pending complaints from workers ?

16. If so, give details and action being taken to

settle the same.

UNDERTAKING

I undertake that in the event of the aforesaid infor- mation being found to be false or incorrect in any respect, the permit shall be liable to be cencelled.

Applicant

FORM-VIII

FORM OF PERMIT GRANTED UNDER CHAPTER IV

[See rule 13(2))]

With reference to his application dated- — for grant of a permit under Chapter TV of the Act to recruit and employ ——< number of persons MJs.—— — —~ is hereby granted this permit effective from the date of issue of this permit subject to the following conditions:—

(i) The permit is not transferable.

(ii) The permit is valid for a period of six months from the date of issue or the date of comple- tion of the recruitment, whichever is earlier.

(iii) Workers recruited on the strength of this permit shall not be repatriated on the ground that they do not possess the required skill.

(iv) The holder of the permit shall not obtain the assistance of recruiting agent in any manner.

(v) The employment agreement with the worker shall be signed by the holder of the permit.

(vi) The holder of the permit shall be under obligation to treat the contract entered into with the worker as enforceable under the labour laws of the country of employment. It shall be his responsibility to file the copies of the contracts with the concerned autho- rities in the country of employment.

Cvii) The holder of the permit shall not supply manpower recruited on the strength of thh permit to any other agency or concern.

(viii) The holder of the permit shall be responsible for the genera] welfare and redressal of specific grievances of the workers recruited on the strength of the permit during the period of contract.

(ix) The holder of the permit shall not extend the services of a worker after the expiry of a contract without entering into a fresh contract or without extending the existing contract.

(x) The holder of the permit shall notify to the Indian Mission in the country of employ- ment each case of death or disability of a worker within 48 hours of the occurrence of the event. Similarly information should be communicated to the next of kin in India in case of disability]death within 48 hours.

Qti) The holder of the permit is prohibited from supplying manpower for a work in another country to a country other than the country from which the permit has been issued.

FOR.M-1X

APPLICATION FOR EMIGRATION CLEARANCE

[See rule 15(1)]

1. Agent's Registration Number 2. Permission number and date

1. Applicant's nam; 2. Age 3. Hadbeenabroad before : Yes/No 4. Sex. : Male/Female 5, State of domicile 6. Passport number, d_iteand place of issue 7. Rural/Urban 8 . Number of dependents 9. Been employed during the last 12 months. Yes/No 10. If yes, wiihGovernmentorprivateestablishment 11 . Earning in India (rupees per month) 12. Belonging to SC/ST, if yes. whether SC/ST

1. Job for which to be employed 2. Country of employment 3. Salary abroad (includingfood allowance) 4. Contract period (months) ?. Free food : Yes/No 6. Employer's name

FORM-X

No

FORM OF GRANT OF EMIGRATION CLEARANCE

(See rule 16)

Shri • who had applied for emi- gration clearance to take up the job of a for a period in the country of is hereby granted the emigration clearance under Chapter V of the Emigration Act, 1983. This permission is subject to the endorsement to this effect having been made on the passport of the applicant for emigration clearance.

[No. CGE-11011|8|81-Emig-I(ii)]

To be filled in by Age^t

To be filled in by th; Applic rit

Applicant

S. O. 943(E).—In exercise of the powers conferred by section 9 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby appoints the Protec- tor General of Emigrants to be the Registering Authority.

[No. CGE-110.1 l|8|8UEmi"-I(iv)J

S.O. 944(E).—In exercise of the powers conferred by sub-section (1) of section 15 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby appoints Protector General of Emigrants to be the competent authority,

S.O.942(E).—In exercise of the powers conferred by sub-section (1) of section 3 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby appoints Shri A. K. Tandon, Joint Secretary, Ministry of Labour and Rehabilitation (Department of Labour) as the Protector General of Emigrants and the following persons as the Protectors of Emigrants :—

[No. CGE-1101 I|8[81-Emig-I(v)]

(i) Shri S. S. Bhalla, Section Officer as Protec-

tor of Emigrants-I, Bombay.

(ii) Shri S. K. Sharma, Section Officer as Pro-

tector of Emigrants-II, Bombay.

(iii) Shri N. R. Punj, Section Officer as Protec-

tor of Emigrants, Delhi.

(iv) Shri Harvinder Singh, Section Officer as Protector of Emigrants, Chandigarh.

(v) Shri S. K. Biswas, Section Officer as Protec-

tor of Emigrants, Calcutta.

(vi) Shri V. K. Venugopalan, Section Officer as

Protector of Emigrants, Cochin.

(vii) Shri T. K. Gopalan, Passport Officer Madias

as Protector of Emigrants, Madras.

(viii) Shri K. Upa:gupthan, Section Officer as Pro-

tector of Emigrants, Trivandrum.

[No. CGE-11011|8|81-Emig-l(iii)|

S.O. 945(E).—Tn exercise of the powers conferred by sub-section (2) of section 15 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby authorises Heads of the respective Indian Missions abroad to exercise powers of competent authority and issue permits to employers who ar" not citizens of Tndia for the purpose of recruiting any citizen of India for employment in tha country uoder its accrcdition.

[No. CGE-1101118181 -Emig-I(vi)] A. K. TANDON, Jt. Secy.

I25OGI/83—4

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