Lok Sabha Question No. 1319 (UNSTARRED), answered on 2018-07-25
Subject: Illegal Agencies
Ministry: EXTERNAL AFFAIRS
Asked by: MANSHANKAR NINAMA

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO.1319

TO BE ANSWERED ON 25.07.2018

## ILLEGAL AGENCIES

†1319. SHRI MANSHANKAR NINAMA:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) whether the Government has taken a decision to take action against those   agencies which illegally send Indians to foreign countries particularly West Asian countries for employment;
- (b) if so, the details thereof;
- (c) whether the Government has asked to recruit people through the agencies set up by the State Governments to work as domestic help in these countries; and
- (d) if so, the details thereof?

ANSWER THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS [GEN. (DR) V. K. SINGH (RETD)]

(a) & (b) Complaints are received from time to time by the Ministry of External Affairs from Indian emigrants who have been sent for overseas employment by illegal agents, on tourist visas.

On receipt of details of such illegal agents involved in unauthorized recruitment for overseas employment, the same are forwarded to the concerned State/UT Government and Police authorities urging them to apprehend illegal agents and prosecute them on the basis of complaints. This   is   necessary   as   'Law   &   Order'   is   a   State   subject.   On   receiving requests   from   these   Governments/Police   authorities,   the   necessary Prosecution Sanctions are issued expeditiously by the Ministry enabling them to proceed for prosecuting the accused illegal agents.

As per the available records, number of cases forwarded to the State   Governments   against   illegal   agents,   and   number   of   Prosecution Sanctions issued during 2017-18 (upto 30 th  June, 2018) are as under:

| Year   | Total Number of cases referred to State/UT Government s for initiating   | Names of State/UT Governments for initiating investigation   | Number of cases in which request received for issue of Prosecution Sanction Number of Prosecution Sanction issued   |
|--------|--------------------------------------------------------------------------|--------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------|

|      | investigatio n   |            |    |    |
|------|------------------|------------|----|----|
| 2017 | 446              | Delhi      |  1 |  1 |
|      |                  | Goa        |  1 |  1 |
|      |                  | Kerala     |  5 |  5 |
|      |                  | Punjab     |  3 |  3 |
|      |                  | Rajasthan  |  5 |  5 |
|      |                  | Tamil Nadu |  5 |  5 |
|      |                  | Telengana  | 10 | 10 |
|      |                  | Total      | 30 | 30 |
| 2018 | 231 (up to June) | Delhi      |  1 |  1 |
| 2018 |                  | Goa        |  1 |  1 |
| 2018 |                  | Telengana  |  1 |  1 |
| 2018 |                  | Total      | 03 | 03 |

In   May   2016,   Government   had   also   issued   Standard   Operating Procedure to be followed by States on receipt of complaints. Visual and print media campaigns are also launched from time to time for promoting legal and safe migration and encouraging emigrants to use the services of registered Recruiting Agents to avoid being trapped by Illegal/fake agents.

(c) & (d) In view of the complaints of exploitation and harassment by unscrupulous agents and employers in the Gulf countries, the Government has   taken   additional   measures   to   safeguard   the   interests   of   female workers migrating to Emigration Check Required (ECR) countries. As per extant guidelines, the minimum age of Emigration Check Required (ECR) category   female   workers   proceeding   for   overseas   employment   to Emigration Check Required (ECR) countries is 30 years.

Their   emigration   for   overseas   employment   is   permitted   only through following six designated State-run recruitment agencies:

- (i) Non- Resident Keralites' Affairs Roots (NORKA), Kerala;
- (ii) Overseas   Development   and   Employment   Promotion   Consultant (ODEPC), Kerala;
- (iii) Overseas Manpower Corporation Ltd. (OMCL), Tamil Nadu;
- (iv) Uttar Pradesh Financial Corporation (UPFC), Uttar Pradesh;
- (v) Overseas Manpower Company A. P. Ltd. (OMCAP), Andhra Pradesh; and
- (vi) Telengana   Overseas   Manpower   Company   Limited   (TOMCOM), Telengana.

In addition, Foreign employers who recruit directly have to deposit US$2500 in the form of a Bank Guarantee with the Indian Mission in case of female workers holding ECR passports, which is returned when the emigrant returns safely.

*****