TACKLING ILLEGAL MIGRATION-

ROLE OF STATE POLICE-PRESENTED TO THE ORGANISED CRIME

INTELLEGENCE UNIT OF STATE POLICE, GOVT OF TAMILNADU ON 10TH OCT’ 2010

D. JAI SANKAR, IA & AS, Protector of Emigrants,

MOIA, Govt. of India, Chennai

PLAN OF DISCUSSION

ROLE OF MOIA/ PGE/ POE EMIGRATION ACT 1983 AND RULES 1983 EMIGRATION REQUIREMENTS REGISTERED RECRUITING AGENTS (RA)

UNDER SECTION 10 REGULATION OF RA- RECRUITMENT

PROCESS ILLEGAL EMIGRATION- MODUS OPERANDI ENFORECEMENT PROVISIONS- ROLE OF

POE ROLE OF POLICE CONCLUSION

ROLE OF MOIA/ PGE/ POE

MOIA- ALL MATTERS RELATING TO POLICY, REGULATION, MONITORING OF EMIGRATION OF INDIAN NATIONALS AND THEIR WELFARE ABROAD

ALL MATTERS RELATING TO OVERSEAS INDIANS- PIO/ OCI

PGE- REGISTERING AND OVERALL REGULATORY AUTHORITY OF RA IMPLEMENTAION OF POLICIES RELATING TO EMIGRATION THROUGH REGIONAL POEs

POEs- EMIGRATION CLEARANCEAND MONITORING OF RA AND THEIR ACTIVIIES-ENFORCEMENT OF EMIGRATION ACT

EMIGRATION ACT 1983 AND RULES 1983

ACT OF 1983 AND RULES THERE UNDER DEFINES DUTIES AND RESPONSIBILITIES OF

PGE/POE PROVISIONS FOR REGISTERATION OF RA- SEC

10,11 PROVISIONS FOR REGULATION OF RA – SEC14 ENFORCEMENT PROVISIONS- POWERS TO POE

UNDER SEC 35 AND 37 OFFENCES AND PENALITIES - SEC 24 EVERY OFFENCE UNDER THIS ACT IS A

‘COGNIZABLE OFFENCE’- SEC 26 NOT WITHSTANDING ANYTHING CONTAINED IN THE

CODE OF CRIMINAL PROCEDURE,1973, ALL OFFENCES UNDER THIS ACT SHALL BE COGNIZABLE

EMIGRATION REQUIREMENTS

ECR CATEGORY PASSPORT HOLDERS- BELOW MATRIC

INDIVIDUALS- ATTESTED DOCUMENTS, VALID PASSPORT, VALID WORK VISA AND INSURANCE PBBY

RECRUITEMENT THROUGH RA- DEMAND LETTER POWER OF ATTORNY SPECIMEN CONTRACT AFFIDAVITS AS REQUIRED

AGE : WOMEN MORE THAN 30 YEARS/ MEN 18YRS

REGISTERED RECRUITING AGENTS (RA) UNDER SECTION 10

SEC 10- NO PERSON TO FUNCTION AS RECRUTING AGENT WITHOUT VALID CERTIFICATE

REGISTRATION CERTIFICATE ISSUED UNDER SEC 11 BY PGE WITH TERMS AND CONDITIONS

PERFORMANCE GURANTEE – BANK GUARANTEE OF Rs 20 LAKH OBTAINED FROM RA

RA PRIMARILY RESPONSIBLE FOR FULFILLMENT FO TERMS AND CONDITION OF CONTRACT BY THE FOREIGN EMPLOYER

IF NEEDED, REPATRIATION, PAYMENT OF COMPENSATION

REGULATION OF RA- RECRUITMENT PROCESS

ORIGINAL DOCUMENTS PRIOR TO STARTING THE RECRUITMENT

PRIOR PERMISSION /INTIMATION FOR PUBLISHING ADVERTISEMENTS FROM POEs

PRIOR PERMISSION/ INTIMATION FOR CONDUCTING INTERVIEW IN PLACES OTHER THAN THEIR REGISTERED OFFICE

RA UNDER OTHER POE JURISDICTION SHOULD ALSO INTIMATE THE POE WEHRE INTERVIEW IS CONDUCTED

NO SUBAGENTS TO BE EMPLOYED AT ANY TIME

ILLEGAL EMIGRATION- MODUS OPERANDI & MAJOR OFFENCES

PRIMARY MODE- THROUGH SUBAGENTS FORGED PAPERS- DEMAND LETTER/ POWER OF

ATTORNEY/ SPECIMEN CONTRACT FORGED VISAS WRONG VISA TYPE- USING OF TOURIST/ VISIT

VISA IN PLACE OF WORK VISA HOLDING OF PASSPORT AND DEMNDING

MONEY TO RELEASE EXORBITANT SERVICE CHARGES- 45 DAY

SALARY NOT MORE THAN Rs 20000 FORGED PASSPORTS INFLATION OF DEMAND AND EXTRACTION OF

MONEY FROM PROSPECTIVE CANDIDATES- KEEP THEM WAITING FOR LONG TIME

ENFORECEMENT PROVISIONS- ROLE OF POE

POWER TO SEARCH, SEIZE, DETAIN AND ARREST WITHOUT WARRANT- UNDER SEC 35

POWER TO REQUIRE/ ENFORCE ATTENDANCE , INFORMATION, DOCUMENTS, EVIDENCE , WITNESS ETC. LIKE CIVIL COURT – UNDER SEC 37

LACK OF INFRASTRUCTURE IMPEDES ENFORCEMENT

LARGER ROLE OF STATE POLICE SOLICITED CAN OBTAIN SEARCH, SEIZURE, ARREST

WARRANT FROM THE POE AND COMPLIANT FOR FILING FIR

ROLE OF STATE POLICE STARTS FROM KKEPING A VIGIL OVER TRAVEL

AGENTS , SCANNING OF ADVERTISEMENTS FOR OVERSEAS DEPLOYMENT

NEWS PAPERS TO BE GUIDED BY PRESS COUNCIL OF INDIA NORMS IN PUBLISHING OVERSEAS ADVTS

IDENTIFY ILLEGAL ADVTS ISSUED BY UNREGISTRED AGENTS / RA WHOSE LICENCE EXPIRED /SUSPENDED THOUGH OUR ONLINE SITE www.poeonline.gov.in

ASK FOR PERMITTED DOCUMENTS IN THE PLACE OF INTERVIEWS BY RA

ANYBODY OTHER THAN REGISTERED RECRUITING AGENT POSSESSING/ HOLDING PASSPORT/ WORK VISAS/ EMPLOYMENT CONTRACT, PBBY INSURANCE/ COLLECTING MONEY/ ISSUNING ADVT/ RUNNING OFFCIE OF MANPOER CONSULTANCY- IS AN ILLEGAL AGENT ARREST WITHOUT WARRANT TAKE THE HELP OF POE FOR

FILING AN FIR

CONCLUSION STATE POLICE HAS A LARGER ROLE IN

ATCKLING ILLEGAL MIGRATION JOB RACKETING CELLS/ DIST CRIME

BRANCHES NEED TO SENSITISED/ TRAINED WHAT CONSTITUTES AN OFFENCE UNDER THIS

ACT? WHAT TO LOOK FOR DURING A SEARCH AND

SEIZURE AT PREMISES OF ILLEGAL OPERATOR? KEEP IN TOUCH WITH POE ON A REGULAR

BASIS BY SHARING THE INT ON ILLEGAL AGENTS AND WAYS TO NAB THEM

CAN OBTAIN SERACH, SEIZURE AND ARREST WARRANT FROM POE FOR ANY OPERATION RELATING TO THIS

POE AND STATE POLICE TOGETHER CAN MAKE A HUGE

DIFFERENCE IN TACKLING ILLEGAL MIGRATION AND CONTAINING JOB

RACKETING-

THANK YOU