In exercise of the powers conferred by section 43 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby makes the following rules:

1.Short title and commencement:

(1)These rules 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' authority notified by Central Government under section 15 of the Act;

(d)"demand" means the category-wise, skill-wise number of workers required by the employer for being employed in his establishment. This includes description of job-specifications and salary offered;

(e)"emigration number" means the number assigned 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 Chapter IV of the Act;

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

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

3.Dependent of 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 certificate to this effect from the District Magistrate or a revenue authority not below the rank of Tehsildar of the place where the emigrant ordinarily resides or domiciles.

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

4.Emigrants conveyanee:

Any conveyance, especially 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 to the power of attorney, given by the employer to the recruiting agent. The representation shall be limited for purpose mentioned in the power of attorney. Such power of attorney unless limited in time by an express provision shall be valid[1] "for the period of validity of the certificate of registration of the recruiting agent unless the same is withdrawn earlier."

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 inspect such conveyance with a view to detecting the presence 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 certificate 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 control 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 rupee payable in favour of the Protector General of Emigrants towards the application fee; and

(ii)an affidavit in Form 11 annexed sworn before a Metropolitan Magistrate or a Judicial Magistrate giving the applicant's current financial standing.

8.Amount of security:

(1)Determination of the amount of security deposit under sub-section (3) of section I I shall be done with reference to the estimated number of persons to be recruited by an applicant during the period for which the registration is applied for in accordance with the following scale,-

 

(i) minimum upto 100

1 lakh

(ii) 101 to 600

3 lakhs

(iii) 601 to 1000

4 lakhs

(iv) 1001 and above

5 lakhs

 

(2)In the event of the recruitment of the specified number getting completed before the date of expiry of the certificate, the holder of the certificate may be permitted by the Registering Authority to continue recruitment upto the date of expiry of the certificate on furnishing additional security in accordance with the scale prescribed after reckoning the total number of persons to be recruited, including the number already recruited.

9.Validity of certificate:

A certificate shall be valid for a period of three years:

Provided that a certificate may be issued for a shorter period-

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

(b)if the registering authority, for reasons to be communicated in writing to the applicant for the certificate, considers in any case that the certificate, should be issued for a shorter period.

[2]"9A. Renewal of certificate:

An application for renewal of certificate under Section 13 shall be in form X and shall be accompanied by a bank draft of five hundred rupees payable in favour of the Pay and Accounts Officer, Ministry of Labour (Main Secretariat), New Delhi, towards the application fee."

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 for 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 and seal;

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

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

(vi)the certificate shall be produced on demand for satisfaction of the bonafides of the recruiting agent, when such demand is made by an emigrant;

(vii)the holder of the certificate shall conduct the business from the place indicated in certificate. For opening a recruitment center 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 [3][on an officer specially authorised by the registering authority];

(viii)the holder of the certificate shall not 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 inspection on demand by Protector-General of Emigrants or the Protector of Emigrants,

(a)a register of receipt of charges from emigrants recruited, in the from 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 recruitment. The register shall be maintained as permanent records;

(b)a register and records of the amount and Pre-paid Ticket Advices alongwith 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 certificate has processed, proposes to process or is processing;

(e)bio-data of each emigrant recruited by the holder of the certificate;

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

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

(h)all documents relating to the recruitment of emigrants, including office copies of all advertisements issued, letters of interview and correspondence with the applicants, original award sheets leading to the selection, names and addresses of persons involved in the selection process, copies of letters of appointments, trade-testing particulars;

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

(j)a register of claims for all compensations (including 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 compensation (including the details in regard to the circumstances leading to the claim), address of the recipients and the name and address of the employer, 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)[4][The holder of certificate shall file a return every month in Form IV to the Protector-General of emigrants or the Protector of emigrants specified by the Protector-General in this behalf, by the 10th of the succeeding month;]

(xi)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 contracts; 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.

11.Permits for recruitment by employers:

(1)Applications for permits. The Application for issue of the permits for recruitment by foreign employers be in From VI.

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

12.Conditions of permit:

The permit shall be subject to the following 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 completion 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 process 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 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 responsible for the general 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 employment 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.

(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 application, the competent authority may verify the facts contained in the application and may make the following enquiries to ascertain that the terms and conditions of employment are 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 filled;

(d)scope of future prospects in various categories of jobs;

(e)structure of supervisory control;

(f)grievances procedure followed; and

(g)general reputation of the applicant and reports of specific misconduct, if any.

(2)A permit issued under section 17 of the Act shall be in Form VIII and shall be valid for a period of [5]one year 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, stating the reasons therein for not completing the recruitment 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 exceeding three months at a time.

14.Grant of permit:

(1)A foreign employer who has been granted a permit under sub-rule (2) of section 15 of the Act shall on arrival in India submit to the Protector General 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 recruitment is being made on the basis of postal communication or personal contact, a copy of the permit certified by the Indian Mission in the country of employment can be filed by such person himself.

15.Application for emigration clearance:

(1)Every application made under sub-section (2) of section 22 of the Act shall be made in From 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 authenticated 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 verified and authenticated b the Indian Mission in the country of employment;

(c)a true copy of the agreement under sub-section (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 matters prescribed under sub-rule (2) not provided in the agreement;

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

(f)a statement as to 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 favour of the Protector-General of emigrants as the emigration fee in respect of each applicant.

(2)An agreement under sub-section (3) of section 22 shall provide for the following matters:-

[6][(i)period of employment/place of employment;

(ii)wages and other conditions of service;

(iii)free food or food allowance provision;

(iv)free accommodation;

(v)provision in regard to disposal, or transportation to India, cc dead body of the emigrant;

(vi)working hours, overtime allowance, other working conditions, leave and social security benefits as per local labour laws;

(vii)to and from air passage at the employer's costs; and

(viii)mode of settlement of disputes];

(ix)medical benefits;

(x)leave benefits;

(xi)travel and transportation expenses;

(xii)free food or food allowance provisions;

(xiii)conditions for the termination of employment;

(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;

(xvii)provisions in regard to disposal and transportation of dead body of the emigrant; and

(xviii)mode of settlement of disputes.

16.Emigration clearance:

Emigration clearance under sub-section (1) of section 22 of the Act shall be given [7]by making an entry incorporating grant of emigratorv 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.Direct recruitment by foreign employer:

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

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

18.Form of appeal:

(1)Every appeal made to the Central Government under section 23 of the Act shall be in the form of a memorandum signed by the applicant. The memorandum shall be sent in triplicate and accompanied by a copy of the order appealed against and demand draft of rupees [8][one hundred] drawn in favour of the Union of India towards the fee for the appeal.

(2)The memorandum-

(a)shall set forth concisely the grounds of objection to the order appealed against and such ground shall be numbered consecutively; and

(b)shall specify-

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

(ii)the date on which the order appealed against was served 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 applicant had been prevented from referring the appeal within the said period of thirty days..

(4)Any notice required to be served on the appellant shall be served on him in the manner prescribed in rule IS, 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 the memorandum of appeal to the registering authority or the competent authority or the Protector or Emigrants or the prescribed authority against whose order the appeal has been presented.

(2)The Appellate Authority shall then issue notices to the appellant and the registering authority or the competent authority or the Protector or Emigrants or the prescribed authorit, as the case may be, fixing a date for hearing the y appeal.

(3)On the date fixed for the hearing of the appeal, 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 the case may be, shall be heard.

(4)Where on the date fixed, or any other day to which the hearing of the cappeal 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 shall be in writing and state briefly the grounds for the decision and shall 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 appoint a pleader, advocate or any other person to appear, plead and act on his behalf before the Appellate Authority.

22.Procedure for deciding emigrant status:

Where a question arises before a Protector of Emigrants as to whether a person intending to deport from India is or is not an emigrant shall be decided by the Protector of Emigrants after holding an enquiry in the following manner:-

(a)he may require the presence of the concerned 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 income and financial status-,

(iii)certificate of sponsorship from the foreign country;

(iv)the source of financing of the journey;

(v)the source of receipt of foreign exchange;

and thereafter he shall pass speaking order and copy of the same shall be provided to the person concerned and an endorsement to this effect shall be made in the passport.

23.Forfeiture of security deposit:

Where the competent authority or the registering authority has reason to believe 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 giving a notice to this effect to such person and thereafter giving him an opportunity to represent his 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 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 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

(a)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 a Protector of Emigrants shall be a udicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code 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.

25.Service charges:

The charges which the recruiting agent may recover from an emigrant in respect of services rendered shall not exceed rupee [9]two thousand for which the recruiting agent shall give a receipt to the emigrant.

26.Service of notice and orders:

A notice or an order issued under these rules 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 Registered Post with acknowledgement due to the address of his place or residence or his last known place of residence or the place where 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 premises 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 witnessed by two persons.

[10][26A.Withdrawal of the Certificate of Registration of Recruiting Agent during suspension:

Where an order suspending the operation of the registration, certificate of the recruiting agent has been issued by registering authority, under sub-section (2) of section 14 of the Act, the certificate of that recruiting agent may be withdrawn by the registering authority, for the period for which the suspension of certificate has been for which the suspension of certificate has been ordered and for the periods of further extensions of such suspension of such certificate, if any.]



[1] Ins. by G. S.R. No. 11 (E) dt. 24.2 1987.

[2] Ins by G.S.R. No. 111 (E) dt. 24.2 1987.

[3] Ins. by G.S.R. No. 375 (E) 23rd March 1989 (w.e.f. 23.3.1989).

[4] Subs. by G.S.R. No. 375 (E) 23rd March 1989.

[5] Subs. by G.S.R. No. 111 (E) dt., 24.2 1987.

[6] Subs. by G. S. R. No. 111(E) dated 24.2 1987.

[7] Subs. by G.S.R. No. 111(E) dated 24.2 1987.

[8] Sub. by G.S.R. No. 375 (E) dated 23.3.1989.

[9] Sub. S.O. 665 (E) dated 10th Sept. 1986.

[10] Subs by G.S.R. No. 111 (E) dt. 24.2. 1987

Comments:
The Rules were made by S.O. 941(E) in 1983. The latest amendment included here was made by G.S.R. No. 375(E) dated 23 March 1989, which entered into force on 23 March 1989. Please note that the Forms mentioned in the Rules are not reproduced here.
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This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.