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D. JAI SANKAR, IA & AS, Protector of Emigrants, MOIA, Govt. of India, Chennai

TACKLING ILLEGAL MIGRATION- Role of state police- Presented to the Organised Crime Intellegence Unit of State Police, Govt Of Tamilnadu On 10 th Oct’ 2010. D. JAI SANKAR, IA & AS, Protector of Emigrants, MOIA, Govt. of India, Chennai. PLAN OF DISCUSSION. ROLE OF MOIA/ PGE/ POE

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D. JAI SANKAR, IA & AS, Protector of Emigrants, MOIA, Govt. of India, Chennai

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  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. POE AND STATE POLICE TOGETHER CAN MAKE A HUGE DIFFERENCE IN TACKLING ILLEGAL MIGRATION AND CONTAINING JOB RACKETING- THANK YOU

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