Emigration Act

Emigration Act

Subject: Schemes

Concept:

• In 2022, emigration clearances were issued to 3,73,434 Indians, of which 10,654 were from Punjab, the Lok Sabha was informed.
• The Emigration Act, 1983, regulates emigration of skilled, semi­skilled and unskilled workers as well as certain professionals such as nurses, for employment in 18 specified countries.

Emigration Act 1983

• Currently, Labour Recruitment is done through this Act.
• The act talks about Labour Migration abroad (Especially west Asia and Gulf Countries) for jobs.
• The recruiting Agency, middlemen should be Government certified.
• It talks in detail about the Recruitment charges and also the minimum service conditions to be provided.
• It sought to protect the rights of individuals going abroad for jobs.

Emigration Bill 2022

• It will replace and improvise over the previous act, Emigration Act, 1983.
• Emigrants are defined as Indian citizens who seek to or have departed out of India for employment.
• New policy division: A new emigration policy division is launched under the Ministry of External Affairs. It establishes help desks and welfare committees for migrant workers
• The draft Bill seeks to create two authorities:
• Bureau of Emigration Policy and Planning (BEPP): Its functions will consist of preparing policies on matters related to the welfare of emigrants and negotiating labour and social security agreements with destination countries.
• It envisages the appointment of a joint secretary level officer as the chief of emigration policy and planning.
• Bureau of Emigration Administration (BEA): It will work on maintaining a database of Indian emigrants, and implementing measures and programmes for the welfare of emigrants.
• Nodal committees established in states and union territories (UTs): They are set up under Chief Emigration Officer. They work for initiating action to prosecute entities involved in the trafficking of persons and undertaking pre-departure orientation programmes and skill up-gradation programmes for prospective emigrants.
• A digitized record shall also be maintained which would capture the details of Indian emigrants and also the blacklisted emigrants.
• Accreditation of employers: Any employer who intends to recruit an emigrant must apply for accreditation with the competent authority. Such accreditation will be valid for a period of five years.
• Punishment: The offences have been made punishable with imprisonment for a term which shall not be less than three years but may extend to seven years or with a fine, which shall not be less than three lakh rupees but which may extend to five lakh rupees or with both.
• Human resources agencies: They will be registered by a Competent Authority and are engaged in recruitment for an employer. Appeal against decisions of the competent authority with regard to registration of these agencies will lie with the central government
• It prohibits the functioning of Human Resource Agencies except in accordance with being registered as a Company under the Companies Act, 2013 or a Limited Liability Partnership under the Limited Liability Partnership Act, 2008 or a partnership under the Indian Partnership Act, 1932.