TACKLING ILLEGAL
MIGRATIONROLE OF STATE POLICEPRESENTED 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
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

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 ACTIVIIESENFORCEMENT OF EMIGRATION ACT

EMIGRATION ACT 1983 AND RULES
1983
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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
EMIGRATION REQUIREMENTS
ECR CATEGORY PASSPORT HOLDERSBELOW 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
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

REGULATION OF RARECRUITMENT 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

ILLEGAL EMIGRATION- MODUS
OPERANDI & MAJOR OFFENCES
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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
ENFORECEMENT PROVISIONSROLE 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
ROLE OF STATE POLICE
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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
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

POE AND STATE POLICE
TOGETHER CAN MAKE A HUGE
DIFFERENCE IN TACKLING ILLEGAL
MIGRATION AND CONTAINING JOB
RACKETING-
THANK YOU