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Rule 6 – The Emigration Act, 1983

The Emigration Act, 1983

 

6. Terms and conditions of the certificate.-  

 

(1) The registration certificate shall be subject to the following terms and conditions.- This certificate shall be valid for a period specified in the certificate the certificate shall not be transferable the holder of the certificate shall conduct the business under his own hand and seal a photocopy of registration certificate shall be displayed prominently at a conspicuously place of business the certificate shall be made available for inspection to the emigration authorities, law enforcement authorities and employers, the certificate shall be produced on demand for satisfaction of the bona fides of the recruiting agent, when such demand is made by an emigrant, 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 (or an officer specially authorised by the registering authority), the holder of the certificate shall not employ sub-agents for the purpose of conducting or carrying on his business, and 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 register of receipt of charges from emigrants 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 recruitment. The register shall be maintained as permanent records, a register and records of the amount and Pre-paid Ticket Advices along with their photo copies received from the employers, identified demand wise, a register containing details of expenses incurred on the recruitment of emigrants demand wise supported by the documents, individual folders for each employer whose demand of labour, the holder of the certificate has processed, proposes to process or is processing, bio-data of each emigrant recruited by the holder of the certificate, copies of employment contracts of each emigrant as authenticated by the Protector of Emigrants,

 

Original demand letter, power of attorney and correspondence with the employers, 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.

 

A register of visas received from the employers, giving separate account of block and individual visas.

 

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 having made the payment of compensation, and Such other records as may be required to be maintained by the registering authority.

 

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.

 

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

 

The holder of the certificate shall ensure that the employer observes the terms and conditions of the contracts, and

 

The holder of the certificate shall not charge any amount from the emigrant towards the repatriation expenses

 

The Certificate shall be in Form V.

 

 

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The Emigration Act, 1983

 

Indian Laws – Bare Acts

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