Following is the text of the statement by the Minister of Overseas Indian Affairs and External Affairs Smt. Sushma Swaraj laid on the table of the Lok Sabha today.

The process of emigration for employment abroad by recruiting agents is currently regulated under the Emigration Act, 1983 and Emigration Rules 1983 amended from time to time.

The number of valid registered recruitment agencies as on 30^th June, 2014 is 1347. State/UT-wise statement of Recruiting Agents (RA) are given below:-

ANNEXURE -I

State/UT-wise emigration clearance obtained by the registered Recruiting Agents (RA) during the last three years and current year is as follows:-

ANNEXURE-II

From time to time complaints are received from the gullible emigrants that they have been duped/ cheated by fraudulent elements/unregistered agents by fake offers of overseas employment through advertisements in local newspapers, email etc., charging exorbitantly and sending people abroad on visit visa bypassing the procedure of legal migration enshrined in the Emigration Act, 1983. 

The number of complaints received against unregistered agents during the last three years and the current year is:

Complaints are also received against the Registered Recruiting Agents, which generally relate to overcharging, violation of contractual provisions of workers in destination country, ill- treatment by the foreign employer, adverse working conditions of workers, harassment etc. and the number of such complaints received against registered recruiting agents during the last three years and current year is:

The Emigration Act 1983 and Rules thereof as amended from time to time and executive instructions provides the framework to facilitate legal emigration and discourage irregular emigration.

In order to safeguard the interests of the emigrant workers and to ensure that only credible persons are enrolled as recruiting agents, various eligibility criteria are imposed  under the Emigration Act 1983 and the Emigration Rules, 1983 and the instructions issued hereunder which include, minimum educational qualification of bachelor degree or two years diploma (or equivalent) from recognized university or institute,  Police verification report certifying the antecedents of the applicant for registration,  the security by way of Bank Guarantee for Rs.20 lakh, financial soundness of the applicant, duly verified by registered Chartered Accountant accompanied by Income Tax Returns for three years. Also the minimum prescribed area of 50 sq.m  with all the facilities for conducting interview and requisite furniture, internet facilities etc., registration fee of Rs.25,000/- is required. The RA can collect service charges from the emigrant not more than 45 days of wages of the emigrant subject to a maximum of Rs.20,000/-. Periodical renewal of registration (every 5 years) subject to satisfactory functioning of the RA with fresh police verification report certifying the antecedents is obtained.

To ensure safe and legal emigration, Emigration Check Required (ECR) passport holder going to 18 ECR countries require emigration clearance, under Section 22 of the Emigration Act, 1983 read with Rule 15 of the Emigration Rule 1983, from any of  the office of Protector of Emigrants located at 10 places namely  Mumbai, Chennai, Delhi, Hyderabad, Kolkata, Cochin, Thiruvananthapuram, Jaipur, Rae Bareli and Chandigarh. Every application for emigration clearance should accompany the requisite documents like Demand from the Foreign Employer, Power of Attorney given by the Employer to the Recruiting Agent, Employment Agreement having a provision of Minimum Referral Wages, valid Visa, and Insurance Policy under Parvasi Bhartiya Bima Yojna (PBBY) etc. Pre-attestation of employment documents is mandatory in vulnerable cases and Domestic Sector Workers (DSW). In case of women emigrants below 30 years of age are not permitted emigration clearance and as a special protective measure besides attestation of documents, the Foreign Employer is also required to deposit a security of $ 2500 in the Indian Mission. 

Violation of provisions of the Emigration Act/ Rules are dealt with seriously. Complaint against   unregistered R.As is are referred to concerned State Governments/ Police Authorities for investigation and action for violation of Section 10 and 24 of Emigration Act 1983, and other laws of the land, as appropriate.  The Police authorities, in turn, after investigating the case and securing adequate evidence, seek approval from

Protector General of Emigrants, Ministry of Overseas Indian Affairs/ competent authority for prosecuting the accused in the appropriate court of law, under section 27 of the Emigration Act, 1983.  Request for such prosecution sanctions are processed and prosecution sanction issued on priority by the office of the Protector General of Emigrants, Ministry of Overseas Indian Affairs. The penal provisions for violation of the Emigration Act, 1983 such as cheating, overcharging, furnishing false information. [Section 24(1) and 24(2)] are punishable with imprisonment upto 2 years and with fine upto Rs. 2,000/-.

In case of Complaints against registered RAs, action as stipulated under the Emigration Act 1983 and Emigration Rules 1983, by way of issuing Show Cause Notice (SCN), suspension/cancellation of license and forfeiture of Bank Guarantee, are taken. In case the FE is found to be indulging in exploiting an emigrant, in consultation with the Indian Mission, the Foreign Employer is blacklisted. Once blacklisted, that FE cannot recruit any Indian worker.

Other measures taken for protection and welfare of emigrants include computerized system for emigration clearance, Ministry’s website www.poeonline.gov.in where   complete details of status of the registered agents are available for online checking, replacing of earlier process of emigration stickers being pasted on the passport giving information about the Recruiting Agents, name of foreign employer, occupation, wages, Insurance Policy number,  visa no. of the emigrant, and the helpline number.

The Ministry has established Overseas Workers Resource Centre (OWRC), under which, a 24 hour toll free helpline in eight listed languages namely, English, Hindi, Punjabi, Malayalam, Bengali, Tamil, Telugu and Kannada to enable Emigrants/prospective Emigrants to seek information and file complaints against Registered/ Unregistered Recruiting Agents/Foreign Employers.

The Ministry has also established Migration Resource Centres (MRCs) at Cochin, Hyderabad and Panchkula (Haryana) with facility for walk in counseling/consultation.

 To protect the intending emigrants from being duped by the unscrupulous elements, the Ministry conducts a massive nationwide Awareness & Publicity campaign through print and electronic media to inform intending migrants the do’s and don’ts of the recruitment and the emigration procedure.

YSK/ Uma