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TACKLING ILLEGAL MIGRATION- R OLE OF STATE POLICE - P RESENTED TO THE O RGANISED C RIME I NTELLEGENCE U NIT OF S TATE P OLICE, G OVT O F T AMILNADU O N.

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Presentation on theme: "TACKLING ILLEGAL MIGRATION- R OLE OF STATE POLICE - P RESENTED TO THE O RGANISED C RIME I NTELLEGENCE U NIT OF S TATE P OLICE, G OVT O F T AMILNADU O N."— Presentation transcript:

1 TACKLING ILLEGAL MIGRATION- R OLE OF STATE POLICE - P RESENTED TO THE O RGANISED C RIME I NTELLEGENCE U NIT OF S TATE P OLICE, G OVT O F T AMILNADU O N 10 TH O CT ’ 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 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 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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