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Core Purpose

Notification of the Emigration (Amendment) Rules, 2023, amending Rule 8 (Amount of Security) of the Emigration Rules, 1983 issued under Section 43 of the Emigration Act, 1983.

Detailed Summary

Issued by the Ministry of External Affairs (Protector General of Emigrants) as G.S.R. 907(E) dated 20th December 2023, this notification promulgates the Emigration (Amendment) Rules, 2023 under Section 43 of the Emigration Act, 1983 (31 of 1983), effective from the date of publication, substituting Rule 8 of the Emigration Rules, 1983 to revise security requirements for recruiting agents under Section 11(2)/(3) of the Act: agents must generally provide a bank guarantee or insurance valid for eight and a half years for Rs. Fifty Lakh, though an entity may register with reduced security of Rs. Eight Lakh if permitted to recruit only 100 workers during the registration period, with additional security of Rs. Eight Lakh per further 100-worker tranche allowed before certificate expiry once the initial quota is completed; the notification is signed by Bramha Kumar, Joint Secretary and Protector General of Emigrants, under file number Z-11025/38/2021-OEIII, and lists 22 prior amendments to the principal rules dating from 1986 to 2017.

Full Text

7870 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 723] NEW DELHI, FRIDAY , DECEMBER 22, 2023/ PAUSA 1, 1945 CG-DL-E-22122023-250820 MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION New Delhi, the 20 th December, 2023 G.S.R. 907(E).—In exercise of the powers conferred by section 43 of the Emigration Act, 1983 (31 of 1983), the Central Government hereby makes the following rules further to amend the Emigration Rules, 1983, namely: - 1. (1) These rules may be called the Emigration (Amendment) Rules, 2023. (2) They shall come into force on th e date of their publication in the Official Gazette. 2. In the Emigration Rules, 1983, for rule 8, the following rul e shall be substituted, namely :- “8. Amount of Security (a) The applicant, on being informe d by the registering authority under s ub-section (2) of section 11 of the Act, sh all provide a bank guarantee / insurance of eight and half years’ validity for an amount of Rs. Fifty Lakh as security under sub -section (3) of that section. (b) Provided that any entity desirous of registerin g as recruiting agent may do so with a reduced security of rupees eight lakh also, such entity shall be permitted to recruit only 100 workers during the period for which registration is granted. (c) Provided further, that in the event of the recruitmen t of specified number getting completed, before the expiry of the certificate, the ho lder of the certificate may be permitted by the registering authority, to continue recruitment of additional workers in tranches of 100 workers upto the date of expiry of the certificate, on furnishing additional corresponding security of rupees eight lakh per 100 additional workers.” [F. No. Z -11025/38/2021 -OEIII] BRAMHA KUMAR, J t. Secy. & Protector General of Emigrants Note : The principal rules were publishe d in the Gazette of India, Extraordinary vide notification number S.O. 941(E), dated the 30th December, 1983 and were subsequently amended vide notification numbers: 1. S. O. 665 (E), dated the 10th September, 1986; 2. G.S.R 111 (E), dated the 24th February, 1987; 3. G.S.R 375 (E), dated the 23th March, 1989; 4. S.O.111 (E), dated the 8th February, 1996; 5. S.O.159 (E), dated the 28th February, 1996; 6. S.O. 526 (E), dated the 22nd July, 1996; 7. G.S.R 713 (E), dated the 18th October, 2002; 8. S.O.1205 (E), dated the 14th October, 2003; 9. G.S.R 143 (E), dated the 26th February, 2004; 10. G.S.R 773 (E), dated the 25th November, 2004; 11. G.S.R 50 (E), dated the 6th February, 2006; 12. S.O. 289 (E), dated the 7th March, 2006; 13. S.O. 856 (E), dated the 6th June, 2006; 14. S.O. 2161 (E), dated the 28th December, 2006; 15. S.O.366 (E), dated the 14th March, 2007; 16. S.O.776 (E), dated the 18th May, 2007; 17. G.S.R 658 (E), dated the 15th October, 2007; 18. G.S.R 111 (E), dated the 8th February, 1996; 19. G.S.R 511 (E),dated the 9th uly, 2009; 20. G.S.R 726(E), dated the 21st September, 2015; 21. G.S.R 1505(E), dated the 12th December, 2017; 22. G.S.R 1510(E), dated the 14th December, 2017; Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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