THE
EMIGRATION (AMENDMENT) BILL, 2002
a
BILL
to amend the Emigration
Act, 1983.
Be it enacted by Parliament in the Fifty-third Year of the
Republic of India as follows:—
1. Short title, extent and
commencement.-(1) This Act may be called the Emigration (Amendment) Act,
2002.
(2) It extends to
the whole of India and applies also to citizens of India outside
India.
(3) It shall come
into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Amendment of section 2.-In
section 2 of the Emigration Act, 1983 (hereinafter referred to as the principal
Act),—
(i) after clause (a),
the following clause shall
be inserted, namely:—
'(aa) "Chairperson"
means the Chairperson of the Council appointed under sub-section (2) of
section 22C;';
(ii) after clause (b),
the following clause shall be inserted, namely:—
'(ba) "Council" means the Central
Manpower Export Promotion Council established under sub-section (1) of
section 22A;';
(iii) after clause (h),
the following clause shall be inserted, namely:—
'(ha) "member" means a member of
the Council appointed under sub-section (2) of section
22C;';
(iv) after clause (n),
the following clause shall be inserted, namely:—
'(na) "Vice-Chairperson" means
the Vice-Chairperson of the Council appointed under sub-section (2) of
section 22C;'.
3. Insertion of new Chapter
V.-After Chapter V of the principal Act, the following Chapter shall be
inserted, namely:—
‘‘CHAPTER VA
Central
Manpower Export Promotion Council
22A. Establishment and
incorporation of Export Promotion Council.-(1) With effect from such date
as the Central Government may, by notification appoint, there shall be
established for the purposes of this Act, a Council to be called the Central
Manpower Export Promotion Council.
(2) The Council shall be a body corporate by
the name aforesaid having perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and to contract and shall, by the said name, sue or
be sued.
(3) The head office
of the Council shall be at Delhi and the Council may, with the previous approval
of the Central Government, establish offices at other places in India or outside
India.
22B. Functions of
Council.-The Council shall perform the following functions,
namely:—
(i) promotion of employment
opportunities for emigrants;
(ii) projection of manpower
services;
(iii) collection of statistics
and information relating to employment opportunities and matters connected
therewith;
(iv) collection and maintenance
of statistics and information in respect of persons seeking
employment;
(v) liaison with other export
promotion agencies;
(vi) making recommendations to
the Central Government about the standards and guidelines for overseas
employment; and
(vii) administration of the Indian Overseas Workers’ Welfare
Fund.
22C. Composition of
Council.-(1) The Council shall consist of the following,
namely:—
(a) the Union Minister of
Labour—ex officio Chairperson;
(b) the Labour Secretary to
the Government of India—ex officio
Vice-Chairperson;
(c) five members not below the
rank of Joint Secretary to the Government
of India, to represent the Ministries of Home Affairs, External Affairs,
Finance, Shipping and Human Resource Development;
(d) five members not below the
rank of Joint Secretary to the Government of India, to represent the States and
Union territories appointed in the manner prescribed;
(e) three members to represent
the recruiting agents appointed in the manner prescribed;
(f) three members
to represent the Central Trade Unions appointed in the manner
prescribed;
(g) three members from amongst
the persons having special knowledge and practical experience in the fields of
social science, labour employment and labour laws, appointed in the manner
prescribed:
Provided that one of the
members to be appointed under this clause shall be a woman;
and
(h) Protector General of
Emigrants, ex officio Member-Secretary.
(2) The members
shall be appointed by the Central Government by
notification:
Provided that an
appointment under clause (d) shall be made on the recommendation of the
Government of the State or the Union territory concerned, as the case may
be.
22D. Tenure of office of
members.-(1) Every member shall hold office for a term of five years from
the date of notification under sub-section (2) of section 22C and shall
be eligible for reappointment:
Provided that no person
shall hold office as a member after he has attained the age of sixty-two
years.
(2) Notwithstanding anything
contained in sub-section (1), a member may,—
(a) relinquish his office by giving in
writing under his hand to the Central Government a notice of not less than ninety days;
or
(b) be removed from his office in accordance
with the provisions of section 22G:
Provided that a member
shall, unless he is permitted by the Central Government to relinquish his office
sooner, continue to hold office until the expiry of ninety days from the date of
receipt of such notice or until a person duly appointed as his successor enters
upon his office or until the expiry of term of office, whichever is the
earliest.
(3) A casual vacancy of a
member in the Council shall be filled in accordance with the provisions of
section 22C and the person so appointed shall hold office only for the remainder
of the term for which the member in whose place he was appointed would have held
that office.
22E. Administrative powers
of Chairperson.-The Chairperson shall have the powers of general superintendence
and direction in respect of all administrative matters of the
Council.
22F. Vacation of office by
members.-If a member—
(a) relinquishes his office
under clause (a) of sub-section (2) of section 22D;
or
(b) becomes subject to any of
the disqualifications mentioned in section 22G; or
(c) is absent without excuse,
sufficient in the opinion of the Council, from three consecutive meetings of the
Council,
his seat shall thereupon
become vacant.
22G. Removal of member
from office.-(1) The Central Government may remove from office any member
who—
(a) is, or at any time has
been, adjudged as an insolvent; or
(b) is, or becomes, of unsound
mind or is so declared by a competent court; or
(c) has become physically or
mentally incapable of acting as a member; or
(d) has been convicted of any
offence which, in the opinion of the Central Government, involves moral
turpitude; or
(e) has
acquired such financial or other interest as is likely to affect prejudicially
his functions as a member; or
(f) has so
abused his position as to render his continuation in office detrimental to the
public interest.
(2) No member
shall be removed under clauses (c) to (f) of sub-section (1)
unless he has been given a reasonable opportunity of being heard in the
matter.
22H. Allowances payable to members.-The allowances
payable to, and other terms and conditions of service of, members shall be such
as may be prescribed.
22-I. Meetings of Council.-(1) The Council shall
meet at such time and place and shall observe such procedure in regard to
transaction of business at its meetings, including quorum at such meeting, as
may be prescribed.
(2) If for any
reason the Chairperson is unable to attend a meeting of the Council, the
Vice-Chairperson, and if for any reason both of them are unable to attend a
meeting of the Council, any other member chosen by the members present from
amongst themselves at the meeting shall preside at the
meeting.
(3) All
questions which come up before any meeting of the Council shall be decided by a
majority of votes by the members present and voting, and in the event of an
equality of votes, the person presiding at the meeting, may exercise a second or
casting vote.
22J. Vacancies, etc., not to invalidate proceedings of
Council.-No act or proceeding of the Council constituted under section 22A shall
be invalid merely by reason of—
(a) any vacancy
in, or any defect in the constitution of, the Council; or
(b) any defect
in the appointment of a person as a member of the Council;
or
(c) any
irregularity in the procedure of the Council not affecting the merits of the
case.
22K. Staff of Council.-(1) The Central Government
shall provide the Council with such officers and employees as it may deem
fit.
(2) The
officers and employees of the Council shall discharge their functions under the
general superintendence of the Chairperson.
(3) The
salaries and allowances and other conditions of service of the officers and
other employees of the Council shall be such as may be
prescribed.
22L. Members and staff of Council to be public
servants.-The members, officers and other employees of the Council shall be
deemed, when acting or purporting to act in pursuance of any of the provisions
of this Act, to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
22M. Power of Council to collect administrative
charges.-The Council may, at the time of giving emigration clearance under the
provisions of section 22, charge from every recruiting agent for providing
guidance, information, and any other service or facility, the administrative
charges at the rate of two per cent. of the total service charges realised by
him from the emigrant:
Provided that the Central Government may, by
notification, in consultation with the Council, fix the rate of administrative
charges from time to time.
22N. Executive Committee of Council.-(1) The
Central Government shall, by notification, constitute an Executive Committee of
the Council for the purposes of exercising such of the powers and performing
such of the duties of the Council as may be prescribed or as the Council may
delegate to it.
(2) The
Executive Committee shall consist of—
(i) the
Additional Secretary to the Government of India in the Ministry of Labour—ex
officio Chairperson;
(ii) the Joint
Secretary to the Government of India in the Ministry of Labour—ex officio
Vice-Chairperson; and
(iii) eight
members elected by the members of the Council, from amongst themselves of whom
two members shall be representing the Ministries of External Affairs and Finance, two
representing the States and Union territories, two representing the Central
Trade Unions and two representing the recruiting agents;
and
(iv) an officer
not below the rank of Deputy Secretary to the Government of India in the
Ministry of Labour—ex officio—Member Secretary.
22-O. Constitution of Fund.-(1) There shall be
constituted a Fund to be called the Indian Overseas Workers' Welfare Fund and
there shall be credited thereto—
(a) all
grants made to the Council by the Central Government or any State Government or
Union territory; and
(b) all sums
received by the Council from such other source as may be decided upon by the
Central Government.
(2) The Fund
shall be applied for meeting—
(a) the
salaries, allowances and other remuneration of the officers and other employees
of the Council;
(b) the
expenses towards return ticket for stranded emigrants, compensation for injury,
accident, disability, transportation of dead body or any other just and
reasonable ground as may be prescribed; and
(c) any
other expenses of the Council in connection with the discharge of its functions
and for the purposes of this Act.
(3) No
assistance shall be provided under sub-section (2) to
illegal immigrants.
22P. Grants by Central Government.-(1) The
Central Government shall, after due appropriation made by Parliament by law in
this behalf, pay to the Council by way of grants such sums of money as the
Central Government may think fit for being utilised for the purposes of this
Act.
(2) The
Council may spend such sums as it thinks fit for performing the functions under
this Act, and such sums shall be treated as expenditure payable out of the
grants referred to in sub-section (1).
22Q. Budget.-The Council shall, in each financial year,
prepare in such form and at such time as may be prescribed its budget for the
next financial year and forward the same to the Central Government at least
three months prior to the commencement of the next financial
year.
22R. Accounts and audit.-(1) The Council shall
maintain proper accounts and other relevant records and prepare an annual
statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-General of
India.
(2) The
accounts of the Council shall be audited by the Comptroller and Auditor-General at such intervals as may
be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Council to the Comptroller and
Auditor-General.
(3) The
Comptroller and Auditor-General and any person appointed by him in connection
with the audit of the accounts of the Council under this Act shall have the same
rights and privileges and the authority in connection with such audit as the
Comptroller and Auditor-General generally has in connection with the audit of
Government accounts and, in particular, shall have the right to demand the
production of books, accounts, connected vouchers and other documents and papers
and to inspect any of the offices of the Council.
22S. Annual report.-The Council shall prepare, in such
form and at such time, for each financial year, as may be prescribed, its annual
report, giving a full account of its activities during the previous financial
year and forward a copy thereof to the Central Government.
22T. Annual report and audit report to be laid before
Parliament.-The Central Government shall cause the annual report together with a
memorandum of action taken on the recommendations contained therein, in so far
as they relate to the Central Government, and the reasons for the
non-acceptance, if any, of any of such recommendations and the audit report to
be laid as soon as may be after the reports are received, before each House of
Parliament.".
4. Amendment of
section 43.-In section 43 of the principal Act, in sub-section (2), for
clause (o), the following clauses shall be substituted,
namely:—
"(o) the manner of appointment of members of the
Council under clauses (d) to (g) of sub-section (1) of
section 22C;
(p) the allowances and terms and conditions of
service of members under section 22H;
(q) the procedure to be observed by the Council
at its meetings under section 22-I;
(r) the salaries and allowances and other
conditions of service of officers and employees of the Council under sub-section
(3) of section 22K;
(s) the powers and duties of the Executive
Committee under sub-section (1) of section 22N;
(t) the additional grounds for which the fund may
be applied under clause (b) of sub-section (2) of section
22-O;
(u) the form and time schedule for preparation of
budget under section 22Q;
(v) the form of annual statement of accounts
under sub-section (1) of section 22R;
(w) the form and time schedule for the annual
report under section 22S; and
(x) any other matter which is for the purposes of
this Act required to be, or may be, prescribed.".
STATEMENT
OF OBJECTS AND REASONS
The Emigration Act, 1983, regulates the terms and
conditions of overseas employment and seeks to protect and safeguard the
interests of Indian workers going overseas for employment on contractual
basis. Under the provisions of the
Act, a foreign employer can recruit any citizen of India for employment in any
country either through a registered recruiting agent, or directly after
obtaining a valid permit from the competent authority.
2. India has a
vast reservoir of skilled, semi-skilled and unskilled manpower. A larger
number of Indians can emigrate to
other countries for work if they are given proper counselling and reorientation
keeping in view the needs of the labour market and if their functional
capability is enhanced to compete with the workers from other labour exporting
countries. This is possible only if
there is an agency which can take up such a promotional role. At present, under
the provisions of the Act, the Government has neither any role to study the
needs and demands of the overseas labour market nor does it provide any training
or career counselling to the workers going overseas. It is, therefore, proposed to constitute
a Central Manpower Export Promotion Council under this
Act.
3. There have been many cases in which emigrants had
obtained emigration clearances from the offices of Protector of Emigrants, but
on reaching the alien lands, they faced many problems, such as, change of work
agreement to their disadvantage by the foreign employers, non-payment or delayed
payment of salaries, poor working and living conditions, getting stranded
because of the foreign employers’ unwillingness to receive them on arrival,
non-availability of jobs after arrival in the foreign country, non-payment of
compensation in the case of injuries caused by accident in the course of or
arising out of employment resulting in partial or total disablement, delays in
the transportation of dead bodies of the workers to India by the foreign
employers, etc.
4. A few
labour exporting countries in the South Asia and South East Asia region have
set-up either Welfare Funds or Welfare Boards to provide some financial
assistance or relief to emigrant workers who are in distress in foreign
countries. It is, therefore,
proposed to constitute the Indian Overseas Workers’ Welfare Fund for meeting
such contingencies, by making payments to the Embassies or High Commissions for
arranging return tickets for the workers who get stranded in the foreign
countries, or for transportation of dead bodies of the workers and to grant
assistance to the workers who become partially or permanently disabled or for
similar other purposes. However,
there is no proposal to provide assistance to illegal
migrants.
5. With a view to achieving the above objectives, it is
proposed to amend the Emigration Act, 1983. As a result of the proposed amendments,
it is expected that more workers
will be deployed abroad for employment on contractual basis resulting in direct
increase in remittances of foreign exchange and providing timely financial
assistance to the emigrants in distress in alien lands.
6. The
Bill seeks to achieve the aforesaid
objects.
New
Delhi; SAHIB SINGH.
The 9th
September,
2002.
FINANCIAL
MEMORANDUM
Clause 3 of the Emigration (Amendment) Bill, 2002,
inter alia, provides for
grants to the proposed the Central Manpower Export Promotion Council to meet the
expenditure on the salaries, allowances and remuneration of the officers and
other employees of the Council, other expenses of the Council in connection with
the discharge of its functions and for the purposes of this Act, as well as
expenses towards a return ticket for a stranded emigrant, compensation for
injury, accident, disability, transportation of dead body or other purposes as may be provided in the rules. The
annual expenditure on the functioning of the proposed the Central Manpower
Export Promotion Council is expected to be approximately rupees one crore and
fifty lakhs per annum. To start
with, the Central Government will give a one-time grant of sum of rupees one
crore. The affairs of the Council
will be managed out of the administrative charges that would be two per cent. of
the total turnover of the registered recruiting agents in terms of the service
charges collected from the intending emigrants. This grant will also serve as the
initial corpus of the Indian Overseas Workers’ Welfare Fund. The Central Government may, in
consultation with the proposed Council and having
regard to the resources
available, fix the amount of the Welfare Fund.
2. The Bill, if enacted, will
not involve any other expenditure of a recurring or non-recurring
nature.
MEMORANDUM REGARDING DELEGATED
LEGISLATION
Clause 4 of the Emigration (Amendment) Bill, 2002 seeks
to amend sub-section (2) of section 43 of the Emigration Act, 1983 which
empowers the Central Government to make rules by notification to carry out the
provisions of the Act. The proposed matters in respect of which rules may be
made under the provisions of the Bill, inter alia, include the manner of
appointment of the members of the Council, the allowances and terms and
conditions of service of members, procedure to be observed by the Council in its
meetings, salaries and allowances and other conditions of service of officers
and employees of the Council, powers and duties of the Executive Committee,
additional grounds for which the fund may be applied, form and time schedule of
accounts and annual report, and any other matter which is for the purposes of
the Act required to be, or may be, prescribed.
2. These matters relate to matters of procedure and
administrative details. The
delegation of legislative power is, therefore, of
a normal character.
ANNEXURE
Extracts
from the Emigration Act,
1983
(31 of
1983)
* * * * *
2. Definitions.-(1) In this Act, unless the context
otherwise requires,—
* * * * *
43. Power
to make rules.-(1) * * * * *
(2) In
particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters,
namely:—
* * * * *
(o) any other matter which is required to be, or
may be, prescribed.
* * * * *