Home | Contact us
Registered Recruitment Agents

1. Who are registered recruiting Agents?

To streamline recruitment for jobs abroad and to safeguard the interests of the emigrants, the Emigration Act, 1983 stipulates that only Recruiting Agents (RA) possessing registration certificate (RC) obtained from the ‘registering authority’ defined under the Act (i.e. from the Protector General of Emigrants (PGE)) can recruit for overseas employment.  Thus the registered agents are those persons/companies/firms who have a valid registration certificate (RC) issued by the PGE under section 10 of the Emigration Act, 1983.



2. Who is the Registering Authority?

The Protector General of Emigrants (PGE) appointed by the central Government by notification in compliance with section 9 of the Emigration Act, 1983 is the ‘registering authority’ for the purpose of issue of ‘registration Certificate’ (RC) and to regulate its legal operation in the country.  The PGE is a Joint Secretary to Government of India level officer under the Ministry of Overseas Indian Affairs, Government of India.  The following is the contact address of the PGE:
               
                Protector General of Emigrants,
                Ministry of Overseas Indian Affairs,
                Government of India,   
                Room No: 1013, Akbar Bhavan,
                Chanakyapuri, New Delhi – 110001
                Phone Number : 011 26874250
                Fax Number : 01124197984
                Email : pge@moia.nic.in

3. Who can apply for ‘Registration Certificate’ under Emigration Act, 1983?

The following is the list of persons/firms eligible to apply for ‘registration certificate’ (RC) under the Emigration Act, 1983.

  • An individual as sole ‘proprietor ‘.
  • A ‘private limited’ company registered with Registrar of Companies (ROC) in India under Companies Act, 1956.
  • A ‘partnership firm’ registered with the Registrar of Partnership firms/ROC under Indian Partnership Act, 1932.
  • A public sector undertaking any of the states or control government in India duly constituted under the relevant statutes, for the purpose of engaging in overseas manpower activities; and
  • A society registered under the societies Registration Act, 1960 or any other law relating to societies for the time being in force in any state, or co-operative society registered under any central, or state law.


4. What are the basic requirements to be fulfilled for applying to obtain a RC?


  • The applicant should be free of criminal antecedents which will be verified from the police authorities.
  • The applicant should be financially sound and should satisfy the minimum financial bench mark prescribed (Minimum of Rs 42 Lakhs): ie. Fixed assets worth more than Rs. 22 Lakhs and Liquid assets worth at least Rs. 20 Lakhs.
  • The applicant should have sufficient experience in handling manpower requirements in domestic sector or in overseas.
  • The applicant should be prepared to submit a Bank Guarantee for the value of Rs. 20 Lakhs within one month time after notification by the Registering authority.
  • The applicant should have a well established office complying with the minimum standards as prescribed under provisions of the Emigration Act 1983 including office space (minimum of 50 Sq. m. built up area), trained staff and facilities in the office which will be verified by the POE., and
  • Any other requirements as prescribed by the Govt of India from time to time.

5. How to apply for obtaining a fresh Registration certificate?

The application for obtaining a new Registration Certificate should be submitted to the Registering Authority (Protector General of Emigrants) through the office of Protector of Emigrants under whose jurisdiction the applicant proposes to undertake his recruitment business. The application in the prescribed form (Form-I) along with the checklist of documents to be submitted is given below: 

  1. Inspection by POE: On receipt of the application at Protector of Emigrants office a physical inspection of the proposed office premises would be done by the Protector of Emigrants and an inspection report would be sent to the Ministry.
  2. Police clearance Certificate: Further, the Protector of Emigrants would also seek a police Verification Certificate from the police authorities for the proprietor / Managing Partner, Managing Director and all Directors and Partners as the case may be and forward the same to PGE.
  3. Issue of ‘Eligibility Letter’ by PGE and submission of Bank Guarantee:  After scrutiny of the application by the Ministry and on satisfaction of the eligibility of the applicant to obtain an RC, the Registering authority issues a “eligibility letter” seeking a bank guarantee obtained from nationalized banks/ scheduled banks (Schedule-A Private Sector Banks which are listed on NSE/BSE) for the value of Rs. 20 Lakhs to be submitted in the prescribed form within 30 days after issue of the above eligibility letter.

The form of Bank guarantee

Issue of RC by PGE: On submission of the bank guarantee as above within the time limit the RC would be issued by the Registering authority (Protector General of Emigrants) subject to fulfillment of all requirements.

In case the applicant fails to submit the bank guarantee within the prescribed time the application for RC shall be rejected by the Registering authority.

6. Guidelines for RA/ Terms and conditions of Registration Certificate/ Responsibilities of RA

  1. The holder of the Registration Certificate shall conduct business under signatures and seal of the director/partners/proprietor and the certificate shall not be transferable.
  2. A photocopy of this registration certificate shall be prominently displayed at a conspicuous place in the premises of the business. Also a copy attested by the registering authority with an endorsement of having authorized the recruiting agent to carry on the business at additional premises, if any, shall be displayed at conspicuous place in the business premises of such Branch Office. Original Certificate shall be produced on demand by the emigration authorities/law-enforcing authorities and employer.
  3. The holder of the certificate shall normally conduct the business from the place indicated in the application for registration. For opening a Recruitment Center at a place other than the place indicated in the application, the holder of the certificate has to obtain the prior approval of the Registering Authority.
  4. The holder of the certificate shall not employ sub-agents for the purpose of conducting or carrying on his business.
  5. The holder of the certificate shall not charge more than the prescribed fee from the emigrants and also adhere to prescribed standard wages.
  6. The holder of the certificate shall maintain the following permanent records at his place of business.
    1. A Register of receipt of charges from emigrants recruited, in the form of an original, a quittance Roll containing the signature of each emigrant from whom the charge has been received. Each such Register shall be maintained, with reference to a demand for recruitment.
    2. A Register and record of the amounts and Pre-paid Ticket Advices, along with their photo copies received from the employers, identified demand-wise, should be maintained.
    3. A Register containing details of expenses incurred on recruitment of emigrants demand-wise supported by documents should also be maintained.
    4. Individual folders for each employer whose demands of labor, the holder of the certificate has processed / proposed to process or is processing.
    5. Bio-data (giving full particulars including name, address, age, skill, experience and name, also name and address of next of kin) of each emigrant recruited by the holder of the certificate.
    6. Copies of employment contracts of each emigrant as authenticated by the Protector of Emigrants.
    7. Original demand, power of attorneys and correspondences with the employers.
    8. All documents relating to recruitment of emigrant including office copies of all advertisements issued, letters to interviews and correspondence with the applicant’s original award sheets leading to the selection, names and address of persons involved in the selection process, copies of letters of appointments, trade-testing particulars, etc.
    9. A Register of visas received from the employers, giving separate account of block and individual visas.
    10. A Register of claims for compensation for injury or death made by the emigrant or heir dependents, recruited by the holder of the certificate giving the name, address of the emigrant, emigration number, country of employment, nature of injury or death, as the case may be, date of accident, name and address of the recipient, name and address of the employer, and the receipt in original in token of having made the payment of compensation be pasted.
    11. Such other records as may be required to be maintained by the registering authority.
  1. That the holder of the certificate shall furnish return of the preceding month in Form IV by the 10th of the succeeding month.
  2. That copies of advertisements for recruitments of the emigrants shall be filed with the Protector of Emigrants.
  3. That recruiting agent shall not charge the repatriation expenses from the emigrant.
  4. The holder of the certificate shall :-
    1. Provide details of employment, including contact conditions, to the intending emigrants before recruitment;
    2. Endeavor to ensure proper reception of the emigrant by the employer in the country of employment;
    3. Endeavor to ensure that subsequent to the employment, the employer shall not alter the terms of the employment contract;
    4. Endeavor to ensure that the employer takes timely action for renewal of documents authorizing the stay of the emigrant in the country of employment;
    5. Facilitate amicable settlement of disputes between the employer and the emigrant;
    6. Issue receipt for the payments received from the emigrant;
    7. Issue only such advertisements that are genuine and factually correct and shall refrain from any inducement or misrepresentation in this regard;
    8. Ensure that the employer observes the terms and conditions of the employment contact.
  5. The holder of the certificate shall maintain:-
    1. Office premises of not less than fifty square meters of built-up area, having a waiting hall for at least thirty persons, a room for the purpose of conducting interview and office space equipped with furniture, photocopier, telephone with subscribers truck dialing and international dialing facility, fax, computers and other office amenities as may be specified by the registering authority by order in writing;
    2. Work stations for the office personnel;
    3. Internet facility, email accounts and a web portal containing detailed information about the recruiting agent, the validity status of the registration certificate, the services offered , the cost of services, the mode of payment of service charges, the remedies available to emigrants for redressal of grievances, vacancies available along with the details of the jobs, the employers and the contract conditions as well as the recruitments made in the past with such particulars as the registering authority may specify by order in writing;
    4. Adequate and duly trained staff;
    5. A signboard, to be displayed in front of the business premises or so fixed that it is conspicuously visible to the public from outside the office premises indicating the name and the registration number of the recruiting agent and the year of registration;
    6. Arrangements for skill testing for the trades for which he recruits the intending emigrants

 

7. Guidelines for Renewal of Registration Certificate

The applications for renewal of existing Registration Certificates (RC) are required to be submitted by the RAs to the Protector of Emigrants w.e.f. 1st April, 2007, who will, after verifying the completeness of the applications, send the same to the Ministry for further processing.

RA s’ to NOTE:     
Time limit for submission of application for renewal: Complete Application with all the prescribed documents should be submitted to the office of POE not less than three months prior to the expiry of the validity of RC. Incomplete applications will not be accepted at all. 

In case of delay in submission of the application, request for relaxation of time limit of 90 days for submission of RC for renewal can be made on medical grounds only which should be duly supported by documentary evidence including evidence of hospitalization and other related records should be submitted.

Bank Guarantee
:  As per amended rules dated 09/07/2009 all the existing RCs would be renewed for a capacity of 1000+ only. Hence at the time of renewal all the RAs should submit Bank Guarantee to the value of Rs. 20 Lakhs including the existing bank guarantee(s) with the Govt. duly renewed and extended / additional bank guarantees valid for a period of 08 years excluding the claim period for six months. All bank guarantee(s) shall be obtained from Nationalized Banks / Schedule-A Private Sector Banks which is listed on NSE/BSE.

Performance criterion
: The RA should have deployed at least one-third number of approved capacity (100 for 300 capacity and 333 for 1000 or 1000+ capacity) since inception of the RC and at least 10% of the capacity should have been deployed during last validity period.

Inspection by POE
: Inspection of office premises and records to verify compliance to terms and conditions of RC including the performance of RA with reference to deployment as given above will be done by the Protector of Emigrants and on the basis of merits a report will be submitted to the PGE with specific recommendation of the POE to renew or not to renew the RC concerned.

Police Clearance certificate
: Simultaneously, the POE calls for police verification certificate for the RA from the police authorities which will be sent to the PGE as and when received. Renewal of RC will be entertained only when no adverse remarks are obtained from the police authorities.

Further, there should be no complaint pending or charges of violation of Emigration Act, 1983 or rules/instructions issued under its provisions against the RA in police records as well as in the records of the department.

Renewal will be done by the PGE on satisfaction of all the requirements’ above and entry to that effect endorsed in the RC will be sent back to the RA on successful renewal of the RC. Currently renewal RC is done for five years only from the last date of validity of the RC.

8. How to apply for changes in RC?

The registered Agent at any point of time during the validity of the RC shall apply for changes in the RC on the following grounds:

  • Change / Shifting of office premises of the registered office or existing branch office.
  • Opening of a new branch office.
  • Change of Managing Director/Managing Partners/Directors/Partners.
  • Change of name of the agency (only change in suffix of the name is allowed warranted by proper reasons).
  • Enhancement of RC capacity from 300/500/1000 to 1000+ (applicable for existing RC holders in whose case RC has been issued prior to 09/07/2009 and before the date of expiry of RC).
In all the cases above, the application in the prescribed form (given below) along with check list of documents shall be submitted to the office of Protector of Emigrants for forwarding it to the Protector General of Emigrants. The office of Protector of Emigrants after preliminary scrutiny, physical inspection of premises (wherever necessary) and on obtaining a police verification certificate from the police authorities forward the application to the Protector General of Emigrants  for final approval of the changes requested.  After successful approval of changes  by PGE and on completion of entries in the RC, the same will be sent back to  the RA.

9. Surrender of RC/application for cancellation of RC and return of bank guarantee.

Registered Agents (RA) for any reasons at any time both during the currency of validity of the RC (or) after its expiry can apply for cancellation of their RC and request return of Bank guarantees submitted by them as part of mandatory requirement at the time of issue of RC. The application along with other relevant documents shall be submitted to the Registering Authority (PGE) through the POE office under whose jurisdiction they operated till then.

RA’s to Note:


The Bank Guarantee(s) will be released only after completion of 3 ½ years from the date of last deployment of workers by the agency.

10. Check list of documents to be furnished by RA for obtaining Emigration Clearance from the Protector of Emigrants for the workers recruited by them after obtaining the deployment permission from Protector of Emigrants.

 

 

 

Download Forms
Application For Change - Shifting and New Branch of Office Permises
Application for Change of Managing Director - Managing Partner - Director - Partners
Bank Guarantee Form
Check List - Details Of Documents To Be Submitted For Change Of Premises
Check List for Fresh RC Application
Check List for cancellation of RC and request to return of Bank guarantees
Check List for obtaining Emigration Clearance from POE
Check List of Documents required for Renewal of RC
Form 1
Form II - Afidavit
FORM IIA - Application for Renewal of Registration
Form III - Afidavit
Form IV - Afidavit