Few Words about Recruiting Agents

Only the Recruiting Agents registered with the Ministry of Labour can conduct the business of recruitment for overseas employment after obtaining a Registration Certificate (RC) from the Protector General of Emigrants. The Certificate is granted after taking into account Recruiting Agent's financial soundness, trustworthiness, adequacy of premises, experience in the field of handling manpower export etc., and after obtaining security ranging from Rs.3 lakh to Rs.10 in the form of Bank guarantee depending on the number of workers to be deployed. The scale of security is as follows:
   

The security is intended to secure due performance of the terms and conditions of the Registration Certificate and to meet the cost of repatriation of any recruited worker in the event of his being stranded abroad. Under Section 16 of the Emigration Act, 1983 an employer can recruit any citizen of India for employment in any country or place outside India either through a Recruiting Agent competent under the Act to make such recruitment or directly accordance with valid permit issued by the Central government under Section 15 of the Emigration Act. Indian workers are also deployed by the Indian Project Exporters on the projects undertaken by them overseas and emigration clearance to such workers is given by the Protectors of Emigrants (PEOs) after the Project Exporters have obtained appropriate clearance from the Ministry of Commerce/ Reserve Bank of India. The recruiting agents are authorised to charge as service charges from each workers at the following rates: -

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List of Applicants Entitled to 'Emigration Check Not Required' Stamp (ECNR)

Persons going abroad in managerial capacity in Hotels, Restaurants, TeaHouses or other places of Public resort etc. possessing specialised degrees in these fields.

All Income-Tax payers (including Agricultural Income-Tax Payees) in their individual capacity. Proof of assessment to Income-Tax and actual payment of income tax for last three years to be insisted upon, and not merely payment of advance tax.

Dependent children of parents whose passports are classified as ECNR. In the case of such children ECNR classification to be restricted until they attain 24 years of age.

Persons possessing certificates of vocational training from Government/Government recognised Institutions.

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Emigration Clearance

a true copy (verified and authenticated in the prescribed manner) of the agreement with respect to the employment for the taking up of which the applicant proposes to emigrate and where such agreement does not provide for all or any of the prescribed matters, also a statement (verified and authenticated in the prescribed manner) setting out the particulars with respect of such matters;

a statement (verified and authenticated in the prescribed manner) 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;

The Protector of Emigrants shall, after satisfying himself about the accuracy of the particulars mentioned in the application and in the other documents submitted along with the application authorise in the prescribed manner and from the emigration of the applicant or intimate by order in writing the applicants or, as the case may be, the recruiting agent or employer, through whom the applications have been made about the deficiencies and require him to make good such deficiencies within such time as may be specified in the order or reject the application.

Subject to the other provisions of this Act, the Protector of Emigrants may reject an application for emigration clearance on any one or more of the following grounds, namely :-

that the terms and conditions of employment which the applicant proposes to take up are discriminatory or exploitative;

that the employment which the applicant proposes to take up involves work of a nature which is unlawful according to the laws of India or offends against the public policy of India or is violative of norms of human dignity and decency;

that the applicant will have to work or live in sub-standard working or living conditions;

that having regard to the prevailing circumstances in the country or place where the applicant proposes to take up employment or the antecedents of the employer under whom the applicant proposes to take up employment or any other relevant circumstances, it would not be in the interests of the applicant to emigrate;

that no provision or arrangement has been made for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant, or that the provisions or arrangements made in this behalf are not adequate for the purpose.

Every order rejecting an application for emigration clearance shall set out clearly the ground or grounds on which the order has been made and the facts or circumstances on which such ground or grounds are based.

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Application for Emigration Clearance

An application for emigration clearance shall made in the Form given at Annexure X by the applicant directly or through the recruiting agent if any or through the employer concerned and shall be accompanied by :

a true copy of the demand verified and authenticated by the Indian Mission in the country of employment;

a true copy of the power of attorney given by the employer to the recruiting agent verified and authenticated by the Indian Mission in the country of employment;

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

a statement setting out the particulars of matters prescribed under sub-rule (2) not provided in the agreement;