What is Emigration?
Emigration means the departure out of India of any person with a view to taking up any employment (whether or not under an agreement or other arrangements to take up such employment and whether with or without the assistance of a recruiting agent or employer) in any country or place outside India.

Emigration Check
Emigration check on Indian passports has been in vogue since 1922. Prior to 1981 when the work pertaining to overseas employment was transferred by the Ministry of External Affairs to the Ministry of Labour, the Emigration Act was administered by Ministry of External Affairs (MEA). With the increase in the quantum of emigration in mid 1970s due to oil-boom in the Gulf countries and various shortcomings noticed, the Emigration Act, 1922 was rejected and the Emigration Act, 1983, came into force w.e.f.30.12.1983. The Emigration Act, 1983, deals with the emigration of Indian workers for overseas employment on contractual basis and seeks to safeguard their interests and ensure their welfare.

Emigration Act, 1983
The Emigration Act, 1983 governs emigration of citizens of India. The salient features of this Act are as under:

(i) No Indian citizen (unless exempted) can leave India for taking up abroad work as defined in the Act without obtaining a certificate of emigration clearance from the Protector of Emigrants.

(ii) An emigrant worker can be recruited for a job in a foreign country either by a recruiting agent registered under the Act or by an employer, subject to his being permitted to do so under the Act.

(iii) No prior scrutiny of applications for registration of agents is required. Registration of recruiting agent has been made subject to an affidavit, an undertaking and an amount of security which shall not be less than rupees one lakh. When a certificate issued to a person has been cancelled, he shall not be eligible to make any application for another certificate until a period of tow years from the date of such cancellation.

(iv) The decision of the specified authorities in regard to cancellation, suspension and rejection of permits, registration and other matters are appealable to the Central government.

(v) Taking into account the concern expressed at various forums on the matter of exploitation of emigrants by recruiting agents and employers, provision has been made for offences of this nature and punishment by way of imprisonment up to a period of two years and fine up to two thousand rupees have been provided in the Act.

(vi) The Central government has the power to prohibit emigration to any country in the interests of the general public, etc. prohibit emigration due to outbreak of epidemics, civil disturbances, etc. in a country or prohibit emigration of any class or category of persons.

Few Words about Recruiting Agents
Only the Recruiting Agents registered with the Ministry of Labour can conduct the business of recruitment for overseas employment after obtaining a Registration Certificate (RC) from the Protector General of Emigrants. The Certificate is granted after taking into account Recruiting Agent's financial soundness, trustworthiness, adequacy of premises, experience in the field of handling manpower export etc., and after obtaining security ranging from Rs.3 lakh to Rs.10 in the form of Bank guarantee depending on the number of workers to be deployed. The scale of security is as follows:

(i) Upto 300 workers - Rs. 3 lakh
(ii) 301 to 1000 workers - Rs. 5 lakh
(iii) 1001 workers and above - Rs. 10 lakh

The security is intended to secure due performance of the terms and conditions of the Registration Certificate and to meet the cost of repatriation of any recruited worker in the event of his being stranded abroad. Under Section 16 of the Emigration Act, 1983 an employer can recruit any citizen of India for employment in any country or place outside India either through a Recruiting Agent competent under the Act to make such recruitment or directly accordance with valid permit issued by the Central government under Section 15 of the Emigration Act. Indian workers are also deployed by the Indian Project Exporters on the projects undertaken by them overseas and emigration clearance to such workers is given by the Protectors of Emigrants (PEOs) after the Project Exporters have obtained appropriate clearance from the Ministry of Commerce/ Reserve Bank of India. The recruiting agents are authorised to charge as service charges from each workers at the following rates: -

Emigration Check Required (ECR) Category
Categories of persons whose passports have been endorsed as "Emigration Check Required' (ECR), if intending to travel abroad for non-employment purposes, are required to obtain 'suspension' from the requirement of obtaining emigration clearance. The persons seeking 'suspension' are required to submit an application in the prescribed from, produce return ticket and passport with non-employment Visa. Earlier, they were also required to furnish proof of drawal of foreign exchange to finance their visit abroad or a sponsorship declaration. The requirement of proof of drawal of foreign exchange has been withdrawn from April 1991.

The 'suspensions' are granted by the eight offices of Protector of Emigrants and sixteen authorised Passport Offices. The Immigration authorities at the International Airports grant 'suspension' in emergency cases. Basically, those travelling abroad as tourists and whose passports carry ECR endorsement obtain these suspensions.

Emigration Check Not Required (ECNR) Category
Section 22 of the Emigration Act, 1983 provides that no citizen of India shall migrate unless he obtains emigration clearance from Protector of Emigrants. However, with a view to facilitating the movement of the workers, seventeen categories of persons (list given alter in this Chapter) have been exempted from this requirement and have been placed under 'Emigration Check Not Required' (ECNR) category. As such they are entitled to give the endorsement of "ECNR" on their passports from the Passport Offices showing proof of their eligibility. They are not required to obtain any clearance from the Offices of POEs before seeking employment abroad.

In addition to above, a worker belonging to any of the following six categories and having valid employment Visa endorsed on his/her passport can either approach the concerned PEOs or the Passport authority through a registered Recruiting Agent for ECNR endorsement on his/her passport:
(i) Supervisors (all professions);
(ii) Skilled workers (all professions);
(iii) Semi-skilled workers (all professions);
(iv) Light/Medium/Heavy Vehicle Drivers;
(v) Clerical workers of all categories including Stenographers, Stroke-keepers, Time-keepers, Typists etc.,
(vi) Cooks excluding those who seek employment in household duties (as cooks)

Persons going to Pakistan, Bangladesh and to the countries in North America and Europe (excluding CIS countries) are exempt from emigration check formalities. The pilgrims going for Haj and Umrah is Saudi Arabia and those pilgrims travelling with the declared purpose of performing Ziarat to Saudi Arabia, Syria, Iran, Iraq, Jordan and Egypt were exempted from the requirement of obtaining suspension from 'Emigration Check Requirement' from POEs/Passport Offices w.e.f. 12.5.1992, 8.1.93 & 22.10.1993 respectively. Sana 9Yemen) was added to the list of countries exempted from the requirement of obtaining emigration suspension for performing Ziarat w.e.f. May, 1997. From 14th July 1998 Japan, New Zealand and Australia have also been added to the list of countries for which emigration check is not required.

List of Applicants Entitled to 'Emigration Check Not Required' Stamp (ECNR)
(1) Persons going abroad in managerial capacity in Hotels, Restaurants, TeaHouses or other places of Public resort etc. possessing specialised degrees in these fields.

(2) All Gazetted Government servants.

(3) All Income-Tax payers (including Agricultural Income-Tax Payees) in their individual capacity. Proof of assessment to Income-Tax and actual payment of income tax for last three years to be insisted upon, and not merely payment of advance tax.

(4) All professional Degree holders, such as Doctors holding MBBS. Degree in Ayurved, or Homeopathy, accredited Journalists, Engineer, Chartered Accountants, cost Accountants, Lecturers, Teachers, Scientists, Advocates, etc.

(5) Spouses and dependent children of category of persons listed from (2) & (4).

(6) All persons who have been staying abroad for more than three years (the period of the three years could be either in one strech or broken0, and spouses and children of such persons.

(7) Seamen who are in possession of CDC or Sea Cadets. Deck Cadets:
(i) who have passed final examination of three years B.Sc. Nautical Sciences Courses at T.S. Chanakya, Mumbai; and
(ii) who have undergone three months pre-Sea training at any of the Government approved Training Institutes such as T.S. Chanakya, T.S. Rehman, T.S. Jawahar, MTI (SCI) and NIPM, Chennai, after production of Identity cards issued by the Shipping Master, Mumbai/Calcutta/Chennai.

(8) All holders of Diplomatic/Official Passports.

(9) Dependent children of parents whose passports are classified as ECNR. In the case of such children ECNR classification to be restricted until they attain 24 years of age.

(10) Persons holding Permanent Immigration Visas, such as in UK, USA and Australia.

(11) Persons holding Graduate or higher Degrees. (If final Certificate not Available, provisional certificate plus marksheet to be attached).

(12) Persons holding diploma from recognised Institution like polytechnics.

(13) Nurses possessing qualifications recognised under the Indian Nursing Council Act; 1947.

(14) All persons above the age of 60 years.

(15) Fall visitors to Pakistan, Bangladesh, Japan, New Zealand and Australia.

(16) All persons going to any country in Europe (excluding CIS states) and North America.

(17) Persons possessing certificates of vocational training from Government/Government recognised Institutions.

Emigration Clearance
No citizen of India shall emigrate unless he obtains from the Protector of Emigrants authorisation I the prescribed manner & form.

Every application shall be accompanied by -
(a) a true copy (verified and authenticated in the prescribed manner) of the agreement with respect to the employment for the taking up of which the applicant proposes to emigrate and where such agreement does not provide for all or any of the prescribed matters, also a statement (verified and authenticated in the prescribed manner) setting out the particulars with respect of such matters;

(b) a statement (verified and authenticated in the prescribed manner) as to the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant;

(c) a receipt evidencing the payment of the prescribed fee;

(d) such other relevant documents or copies of relevant documents as may be prescribed.

The Protector of Emigrants shall, after satisfying himself about the accuracy of the particulars mentioned in the application and in the other documents submitted along with the application authorise in the prescribed manner and from the emigration of the applicant or intimate by order in writing the applicants or, as the case may be, the recruiting agent or employer, through whom the applications have been made about the deficiencies and require him to make good such deficiencies within such time as may be specified in the order or reject the application.

Subject to the other provisions of this Act, the Protector of Emigrants may reject an application for emigration clearance on any one or more of the following grounds, namely :-
(a) that the terms and conditions of employment which the applicant proposes to take up are discriminatory or exploitative;

(b) that the employment which the applicant proposes to take up involves work of a nature which is unlawful according to the laws of India or offends against the public policy of India or is violative of norms of human dignity and decency;

(c) that the applicant will have to work or live in sub-standard working or living conditions;

(d) that having regard to the prevailing circumstances in the country or place where the applicant proposes to take up employment or the antecedents of the employer under whom the applicant proposes to take up employment or any other relevant circumstances, it would not be in the interests of the applicant to emigrate;

(e) that no provision or arrangement has been made for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant, or that the provisions or arrangements made in this behalf are not adequate for the purpose.

Every order rejecting an application for emigration clearance shall set out clearly the ground or grounds on which the order has been made and the facts or circumstances on which such ground or grounds are based.

Application for Emigration Clearance
An application for emigration clearance shall made in the Form given at Annexure X by the applicant directly or through the recruiting agent if any or through the employer concerned and shall be accompanied by :

(a) a true copy of the demand verified and authenticated by the Indian Mission in the country of employment;

(b) a true copy of the power of attorney given by the employer to the recruiting agent verified and authenticated by the Indian Mission in the country of employment;

(c) a true copy of the agreement under sub-section (3) of section 22 of the Emigration Act verified and authenticated by the Indian Mission in the country of employment;

(d) a statement setting out the particulars of matters prescribed under sub-rule (2) not provided in the agreement;

(e) a statement of additional conditions, if any;

(f) a statement as to the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant this statement shall be verified and authenticated by the Recruiting Agent in case the applicant is recruited by him; and

(g) a demand draft of rupees fifty drawn in favour of the Protector-General of Emigrants as the emigration fee in respect of each applicant.

An agreement under sub-section (3) of section 22 of the Emigration Act shall provide for the following matters:

(i) period of employment/place of employment;
(ii) wages and other conditions of service;
(iii) free food and food allowance provision;
(iv) free accommodation;
(v) provision in regard to disposal, or transportation to India, of dead body of the emigrant;
(vi) working hours, overtime allowance, other working conditions, leave and social security benefits as per local labour laws;
(vii) to and from air passage at the employers costs;
(viii) mode of settlement of disputes;
(ix) medical benefits;
(x) leave benefits;
(xi) travel and transportation expenses;
(xii) free food or food allowance provisions;
(xiii) conditions for the termination of employment;
(xiv) provisions in regard to coverage of special risks including war;
(xv) provisions in regard to remittances;
(xvi) provisions in regard to renewal of contract;
(xvii) provisions in regard disposal and transportation of dead body of the emigrant; and
(xviii) mode of settlement of disputes.

Guidelines of Emigration Clearance & Suspension Clearance
A. Procedure for Emigration Clearance
(1) ECNR endorsement will be made on the Passport only if the individual approaches through Recruiting Agent.

(2) In case of unskilled worker, farm worker and maid servant procedure as prescribed in the manual will be followed.

(3) In cases where the profession indicated in visa does not tally with the profession indicated in the Passport, affidavit may be obtained from the Recruiting Agent.

(4) Where the visa is put on arrival at the country of employment, ECNR may be given on the basis of 'No Objection Certificate' issued by Foreign Embassy concerned.

(5) The Recruiting Agent seeking ECNR endorsement would have to give an affidavit confirming the following:

(i) that employment visa(s) attached/endorsed on the passport(s) of the worker(s) issued by respective Foreign Mission/Competent Authority in respect of foreign employer as per the details given agaisnt each name is/are genuine and valid for the period mentioned;

(ii) that the workers have been recruited by the Recruiting Agent demand received from the foreign employer (where applicable);

(iii) that are worker will be deployed with the same foreign employer for whom he is being recruited and that the he will be received by the foreign employer on reaching the country of employer;

(iv) that the worker has been trade tested and found fit for the job for which he is being deployed;

(v) that the worker will be paid the minimum required salary and shall be governed by minimum standards of conditions of employment as may be required in the country of employment;

(vi) that the worker will be deployed on the same job for which has been recruited;

(vii) that the female worker will not be deployed as maid servant (where applicable);

(viii) that the recruiting agent shall be responsible if the country of employment. The cost of repatriation in such cases (s) will be borne by him; and

(ix) that the Recruiting Agent is maintaining a register containing the above mentioned details of the workers.

(6) No female below the age of 40 years should be granted ECNR endorsement under the liberalised category for Kuwait unless employment documents are attested by India Missions in Kuwait.

(7) No clearance may be given for Iraq unless specifically authorised by India Embassy in Iraq.

(8) Prior approval of the Ministry is required for clearance for Costa Rica.

(9) Prior approval of the Ministry would be required in cases where Recruiting Agent and/or foreign employer is placed in 'Prior Approval Category' (PAC).

B. Procedure for Suspension Clearance
(1) Documents required for emigration suspension
(i) Valid Passport
(ii) Non refundable return air ticket
(iii) Visa for the country/countries to be visited
(iv) Countries where system of visa on arrival is followed, endorsement on the airline ticket should be furnished

(2) Emigration clearance is exempted for the following countries/cases
(i) Pakistan
(ii) Bangladesh
(iii) Japan
(iv) New Zealand
(v) Australia
(vi) All countries in Europe (Except CIS Countries)
(vii) All countries in North America
(viii) Countries for which pilgrim visa is granted
(ix) All returning residents

(3) No female below the age of 40 years will be granted Emigration suspension (for visit/tourism etc.) for the attested by concerned Indian mission is produced.
(4) No clearance may be given for Iraq unless specifically authorised by Indian Embassy in Iraq.
(5) Prior approval of Ministry is required for clearance for Costa Rica.

Guidelines for Emigrants
Protector General of Emigrants (PGE) has issued guidelines which the emigrants must keep in mind before leaving India and on reaching the foreign country. These are :

Before You Leave, Ensure

* You have a valid passport and visa;
* You have a copy of the agreement signed by you and your foreign employer or his agent;
* This agreement has been attested by the PGE; and
* You have opened a Saving Bank Account to enable you to send your remittances.

When You reach, Remember

* Not to lose your passport;
* Not to sign any other agreement or on any blank piece of paper;
* Not to strike work or resort to agitations. It is illegal also sent back to India;
* To always keep the address and telephone number of the Embassy with you, and
* To report all complaints to the Indian Embassy.

For further information and in case of doubt do not hesitate to contact.

1. Protector of Emigrants,
Shram Shakti Bhavan,
New Delhi - 110 001.

2. Protector of Emigrant,
Building 'E' Khiranagar,
Swami Vivekanand Road,
Santa Cruz (West), Mumbai - 400 005

3. Protector of Emigrants,
4, Brabourne Road,
(1st Floor), Calcutta - 100 001,

4. Protector of Emigrants,
TNHB Ashok Nagar Shopping Complex (Annex),
Ashok Nagar, Chennai-600 083.

5. Protector of Emigrants,
Mercy Estate, Ravipuram,
MG Road,
Cochin.

6. Protector of Emigrants,
Kailasa Manniram,
Suganthi, 24/846(1), Thycaud,
Thiruvananthapuram.

7. Protector of Emigrants,
House No. 848,
Sector 16-D,
Chandigarth.

8. Protector of Emigrants,
Hyderabad.

As specially printed adhesive stamp will be pasted in the passport of workers going out for employment, entries necessary for grant of emigration clearance will be made in l;these adhesive stamps and signed by Protectorate of Emigrants.

Several measures have been taken to simplify the procedure for emigration clearance. The emigration clearance to individuals is now being granted on the same day on which the application is made at any of the offices of the Protector of Emigrants (POE).

Even where the clearance is required for groups, it is given the same day at all the offices.

All passport holders possissing graduate degrees and wanting to go abroad as office assistants, accountants, stenographers, typists, salesman and nurses have been excluded from the definition of "worker" under the Emigration Act

Special Concessions for the Gulf Repatriates
In April 1991, the Government suspended the requirement of obtaining emigration clearance in respect of persons who have returned from Kuwait and Iraq, for a period of six months, to facilitate their return to any Gulf country for employment. The passport of persons wishing to avail of the benefit would be given the requisite endorsement by any of the Protectors of Emigrants or Regional Passport Offices after satisfying that the concerned person had produced documentary evidence to establish that he had earlier served in Kuwait or Iraq and on production of the contract for the fresh employment duly attested by the concerned mission in the Gulf region.

In October, 1991, the Government decided to waive the condition stipulating a deposit of Rs. 10,000 and a bank guarantee for a similar sum, for Kuwait returnees, who want to obtain fresh passport to go to Gulf countries other than Kuwait and Iraq.

Do's and Don'ts for Indian in the Gulf
If you are a foreign worker in Saudi Arabia, you can be arrested if you do not carry your "Iquama" at all public places. In the United Arab Emirates, laws demand that you must not move about in public without your "Batala". Iquamas and Batatas are identity cards issued by the two countries to al foreign workers soon after they settled down on their jobs.

Saudi Arabia does not all change in your employers. On the termination of your contract, even if it is premature, you must leave the country. While Qatar and Bahrain also do not allow change in job sponsorship, the UAE permits this only after prior permission is obtained.

Redressal of Grievances
White as a result of liberalisation of the policy, the number of persons going abroad has increased, the emigrant workers are facing serious difficulties bordering on exploitation in foreign countries as would be evident from the following type of complaints which are received by the PGE/POEs.

Complaints against Recruiting Agents are enquired into with the help of police authorities and the concerned Indian Missions abroad and action is taken, as appropriate in each case in accordance with the provisions of the Emigration Act, 1983 and Rules framed thereunder. Complaints against unregistered recruiting agents are referred to the concerned police authorities for investigation. Complaints against foreign employers are taken up with the Indian Missions abroad. In addition, departmental action is taken against erring agents by way of suspension and cancellation of Registration Certificate.

The Protector General of Emigrants and other senior officers of the Ministry of Labour hold public hearings twice a week on Tuesday and Friday form 11.30 AM to 12.30 PM a t Shram Shakti Bhavan, New Delhi. Public Hearing System has been extended w.e.f. August, 1993 to the offices of the POEs located in Mumbai, Calcutta, Chandigarh, Cochin, Chennai and Thiruvanathapuram where intending emigrants, recruiting agents, project exporters etc. can meet the senior most POE for redressal of his/their grievance, for obtaining any information on various aspects of emigration, lodging their complaints etc. without any prior appointment.