Emigration Act, 1983
11. Application for registration.-
(1) An application for registration shall be
made to the registering authority in such form and shall contain such
particulars as to the applicant’s financial soundness, trustworthiness,
premises at which he intends to carry on his business, facilities at his
disposal for recruitment, his antecedents (including information as to whether
any certificate had been issued to him under this Chapter earlier and if so,
whether such certificate had been cancelled) and previous experience, if any,
of recruitment and other relevant matters as may be prescribed and shall be
accompanied by a receipt evidencing the payment of the prescribed fee and an
undertaking in the form prescribed to the effect that in the event of any
information furnished in or along with the application for registration being
found to be false or incorrect in any respect, the certificate shall be liable
to be cancelled at any time in accordance with the procedure prescribed.
Provided that no application shall be
entertained under this sub section from a person disqualified under subs
section (6) of section 14 till the expiry of the period of such
disqualification.
On receipt of such application, the
registering authority shall, - If the application is not in the prescribed form
or does not contain any of the prescribed particulars, return the application
to the applicant.
If the application is in the prescribed form
and contains the prescribed particulars, inform the applicant that he is
eligible for the grant of the certificate applied for and, after giving the
applicant an opportunity to be heard, determine, under sub section (3) the
amount of the security which the applicant shall furnish.
The registering authority shall, for securing
the due performance of the terms and conditions of the certificate proposed to
be issued by it under sub section (2) to an applicant and for securing
compliance with the provisions of this Act and the rules made thereunder and
for meeting expenses which may have to be incurred in the event of the
repatriation to India of any of the emigrants who may be recruited by the
applicant, determine, in accordance with the rules made in this behalf, the
amount of security ( not being in any case less than one lakh of rupees) which
shall be furnished by the applicant.
I fan applicant furnishes in the prescribed
manner the amount of security determined under sub-section (3) within a period
of one month from the date on which the registering authority requires him to
furnish such security, he shall be issued the certificate applied for by him
together with an endorsement thereon to the effect that the security required
has been furnished by him.
If a applicant fails to furnish the security
required to be furnished by him within the period specified in sub section (4)
his application shall be deemed to have been rejected by the registering
authority on the date on expiry of that period.