Foreign employers will need to register with Indian missions

The Ministry of Overseas Indian Affairs (MOIA) is proposing to repeal the Emigration Act 1983 to be replaced by a new Act, Emigration Management Act and e-Governance.

Foreign employers and project exporters will be required to be accredited by registering with the respective Indian missions in the country of employment, without which they cannot recruit any Indians. They will have to register online along with their demand letter issued to the recruiting agents acting on their behalf.

The present system of Protector General of Emigrants and Protectors of Emigrants will be abolished. As per the existing system, emigration clearance is granted by the regional Protectors of Emigrants. The new bill will be debated in Parliament before making it an Act.

An independent regulatory authority, Emigration Management Authority (EMA), will be constituted with a chairman and members. The Cabinet Secretary will head the selection committee.

"The mandate of this committee shall be regulation of recruiters and they will be responsible for grievances redressal along with policy advice," said the official said. Members of EMA to be notified as Registering Authority, Competent Authority and Grievances Redressal authority.

The important feature of the bill is to conduct the entire emigration procedure, right from furnishing the demand letter from the foreign employer issued to recruiting agents to departure of candidate, online.

As per the proposed legislation any person sending Indian citizens abroad for employment purpose has to register himself as a recruiting agent with the Ministry of Overseas Indian Affairs irrespective of the category of personnel he is dealing with. All categories of personnel going abroad for employment come under the purview of the proposed Emigration Management Bill against the present system of only unskilled workers requiring emigration clearance.

The recruiting agent needs to hold a valid Registration Certificate from MOIA irrespective of the countries he deploys such personnel.

"Anyone sending students abroad for overseas studies in different field and professions will have to register online," said the official.

The Indian ministry has clarified that professionals will not come under the purview of Rule 25 of the Emigration Act and therefore recruiting agents can collect mutually agreed charges from them.

 

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