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Minutes of Meeting held under the chairmanship of Secretary, MOIA with representative of RA Associations on 27/7/09 at 11.00 AM at the Conference Room, 9th Floor, Akbar Bhavan, Chanakyapuri, New Delhi to discuss the Emigration (Amendment) rules, 2009, Draft Emigration Management Bill, 2009 and the e-Governance project of MOIA.
………….
..... Commencing on the subject of Draft Emigration Management Bill 2009 and e-Governance, the Secretary, MOIA informed that his Ministry has already worked for the new legislation to be known as the Emigration Management Bill and which will replace the existing Emigration Act 1983. Broad line presentation was made to this effect. He went on to explain the important feature of the Bill which he said was to conduct the entire Emigration procedure right from the early stage of Demand to Departure of candidate online and as such no role will be left for age-old offices of PGE and POEs.
As per the proposed legislation any person sending Indian citizen abroad for employment purpose has to register himself as an RA with the Ministry of Overseas Indian Affairs irrespective of the category of personnel he is dealing with. In other words all categories of personnel going abroad for employment comes under the purview of the proposed Emigration Management Bill. Besides, the person needs to hold a valid Registration Certificate from MOIA irrespective of the countries he deploys such personnel.
As regard students going to overseas countries for studies in different field and profession will have to register on-line. Similarly, the Foreign employer / Project Exporters need to register themselves along with their demand on-line.
Emigration (Amended) Rules, 2009
Rule 8 – Amount of Security
Representative of RAs raised queries with regard to enhancement of Bank Guarantee to single slab of Rs. 20.00 lakh to which the Secretary clarified that enhancement of Bank Guarantee amount of Rs. 20.00 lakh for existing RAs is to be effective from the date of renewal of registration certificate.
He further clarified that Bank Guarantees for issuance of new RC as well as renewal of existing RC will have one fixed amount of Rs. 20.00 lakh and the RA can recruit unlimited number of workers. In such case the RC will be valid for indefinite period thus eliminating the need for further renewal of same.
Registration for R.A. will also be on-line. All existing RAs will have one-year transition period for changing themselves from old registration to new registration as per provisions of new Emigration Management bill. Defaulting RAs will be punished at the discretion of EMA officials.
As regard recruitment by Foreign employers / Project Exporters, it was stated that Foreign Employers / Project exporters will have to execute the Bank Guarantee of Rs. 1.00 lakh minimum and maximum Rs. 20.00 lakh and the same shall be valid in excess of one year from the expiry date of work contract.
All Foreign employers intending to recruit Indian personnel will have to get the accreditation from the MOIA / Indian Missions.
Service Charges
To get a broader idea of the long pending issue of Service charges, several queries were raised by representative of RA Associations about the Service charges being charged by the RA to workers under Rule 25 of Emigration Rule 1983. The Secretary, MOIA in his reply made it clear that Air Ticket, Emigration Fees, Insurance Premium, Medical Expenses, Service Tax and Visa stamping charges etc., shall be charged (accountable). In addition to Service Charges collectable by the RA from the emigrants, proper authentic supporting documents are to be maintained by the RA.
Continuing on the aspect of Emigration, the Secretary, MOIA informed that an Emigration Management Authority, (independent regulatory authority) will be constituted with a Chairman and Members. The Cabinet Secretary will head the selection committee. The present system of PGE / POEs shall be abolished. The mandate of this committee shall be regulation of recruiters and they will also be responsible for grievances redressal along with policy advice. Members of EMA to be notified as Registering Authority, Competent Authority and Grievances Redressal authority. Chairman of EMA will be the Appellate Authority and order of grievance redressal authority shall not be appealable.
On a specific request of some of RA’s representatives, the Secretary, MOIA agreed to look into the problems faced by RAs when emigrant workers refuse to travel after receipt of visas. The Secretary, MOIA requested all Council / RA Associations to provide suitable suggestions to solve this problems.
The meeting ended with a vote of thanks to the Chairman.
P.S. Information just received vide Ministry’s Circular No. 11025/279/2009 that educational qualification of bachelor’s degree or two years diploma or equivalent from recognized university / institute will not be applicable in the case of existing RAs whose
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