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Bill mulls registration for Indians seeking overseas employment

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Muscat:  The Indian government’s draft Emigration Bill 2019 makes mandatory registration or intimation of all categories of Indians proceeding for overseas employment as well as students pursuing higher studies abroad.


It also proposes an easily accessible and technology-driven framework that strengthens the welfare and protection of its citizens in distress abroad.


“The government has sought feedback and comments from the public, including expatriates in Oman, by January 20 on the draft Emigration Bill 2019, with which it seeks to replace the existing Act of 1983,” a statement from the Indian Embassy said.


“Registration/intimation is proposed to be technology/digital platform- driven so as to keep emigration swift, efficient and hassle-free, without causing inconvenience to our workforce and students pursuing higher studies abroad. Necessary provisions have been incorporated to exempt certain categories in this regard on a need basis.”


It proposes to constitute an Emigration Management Authority (EMA), which will be the overarching authority to provide policy guidance, undertaking comprehensive review and stocktaking of emigration management-related matters.


EMA will be led by a secretary-level officer from India’s Ministry of External Affairs, the nodal ministry for all emigration-related matters and will have two representations from the Ministry of Home Affairs and the Ministry of Human Resource Development.


It will also have representation from states and recruitment industry on rotation basis. EMA will meet periodically and will have powers to co-opt additional members and set up committees on need basis for effective discharge of its responsibilities.


It also proposes the setting up of nodal authorities by respective Indian states and union territories to ensure safe, orderly and regular migration and addressing various aspects related to returnee migrants.


Registration of recruitment agencies and student enrollment agencies has been made mandatory. Sub-agents working with recruitment agencies have also been brought under the ambit of proposed bill, which also seeks to incorporate provision for rating of recruitment agents and student enrollment agencies.


The duties and functions of recruitment agencies are centered on the comprehensive welfare of emigrants and their empowerment, which includes employment and travel documents, insurance policy, renewal of documents, skills upgradation and pre-departure orientation programmes.


The bill has comprehensive provisions, including insurance, pre-departure orientation, skill up gradation, legal assistance, migrant resource centres, help desks, migration and mobility partnerships, labour and manpower cooperation and agreements/MoUs aimed at strengthened welfare and protection of Indian workforce abroad.


The bill also takes into account the increasing incidents of human trafficking, illegal recruitment, illicit trafficking of drugs, harbouring offenders under the garb of recruitment or those offering emigration services without due process.


The bill proposes to provide for stringent punishment, in particular for categories classified as aggravated form of offences with regard to women and children.


Offences that invoke criminal liability under the bill are cognizable under the Code of Criminal Procedure, 1973. Penalties prescribed are commensurate with the gravity of the offences committed.


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