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 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 (or
an officer specially authorized 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 labor, 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.