Emigration Rules, 1983 amended.

Dated 14th December, 2017 | Copy of | External Affairs Notification Sl.32

In exercise of the powers conferred by section 43 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby makes the following rules further to amend the Emigration Rules, 1983, namely:

1. Short title and commencement:

(1) These rules may be called the Emigration (Amendment) Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Emigration Rules, 1983, for rule 25, the following rule shall be substituted, namely:“25. Service charges–

(1) No recruiting agent shall collect from the worker the service charges more than a maximum of thirty thousand rupees, in respect of services provided by it to that worker and the recruiting agent shall issue a receipt to the worker for the amount collected by it in this regard.

(2) The service charges referred to in sub-rule (1) shall include the following, namely:

(a) scouting and selecting skilled or trained candidates from different parts of the country;

(b) cost of advertisements;

(c) cost of trade test fees, wherever applicable;

(d) attestation charges for certificates;

(e) cost of domestic travel or lodging and boarding for conducting of interviews by the recruiting agent;

(f) recurring annual cost of enhanced Bank Guarantee, wherever applicable;

(g) cancellation charges imposed by foreign employers on recruiting agents when candidates refuse to travel and want early repatriation;

(h) administrative cost of running head office and branch offices for the ease of recruiting of emigrants.

(3) The service charges referred to in sub-rule (1) shall not include the following, namely:

(a) Embassy or Consular visa fees charged by the foreign Missions or consulates in India;

(b) pre employment medical check-up cost.;

(c) air ticket to destination country;

(d) boarding and lodging charges of the emigrant before deployment, if any; and

(e) the goods and services tax as applicable: Provided that the charges under this sub-rule, except goods and services tax, shall be borne by the foreign employer.

(4) (a) The service charges shall be collected by the recruiting agent only through digital payments or bank draft.

(b) Every recruiting agent shall give an ‘undertaking’ as prescribed in annexure-I in stamp paper of rupees one hundred value and shall be notarized.

(5) Every recruiting agent shall also display in his or her premises a board indicating the maximum allowed service charge to be collected as well as the mode of payment, along with Pravasi Bharatiya Bima Yojana Insurance charges and Pre-Departure Orientation Training.” 

(To be given on Stamp paper of one hundred rupees, duly notarized)
UNDERTAKING

1. I........(name of RA).....Holder of Registration Certificate No..............................

Issued by the Registering Authority, under the Emigration Act, 1983, do hereby state that I shall abide by all the Terms and Conditions laid down in the Notification No..................................., dated .........................., issued by the Ministry of External Affairs, with reference to the Service Charges permitted to be collected from the Emigrants, who are recruited through my firm or agency. No additional expenses on recruitment shall be defrayed on intending emigrant workers.

2. I further undertake that all payments to be collected under “service charges” shall be collected only through NEFT or RTGS or any other digital transactions approved by the Government of India, and no payments shall be received in cash.

3. Any complaints arising due to Non-adherence to the digital payment mode shall make me liable to penalties prescribed under section 24 and 25 of the Emigration Act, 1983.

(Signature of Authorized Signatory with date)

(Name of RA/Authorized signatory)

SEAL of RA

SEAL of NOTARY

Sd/
(M.C. Luther) 

Jt. Secy. and Protector General of Emigrants

G.S.R.1510(E)
F.No.Z-11025/279/2009-Emig
Issued by:
Ministry of External Affairs
New Delhi

Note: the principal rules were published in the Gazette of India, Extraordinary vide notification number S.O.941(E), dated the 30th December, 1983 and were subsequently amended vide notification numbers: