10. Terms and conditions of the certificate. - (1) The registration certificate shall be subject to the following terms and conditions--
(i)the certificate shall be valid for a period specified in the certificate;(ii)the certificate shall not be transferable;(iii)the holder of the certificate shall conduct the business under his own hand and seal;(iv)a photocopy of registration certificate shall be displayed prominently at a conspicuous place of business;(v)the certificate shall be made available for inspection to the emigration authorities, law enforcement authorities and employers;(vi)the certificate shall be produced on demand for satisfaction of the bona fides of the recruiting agent, when such demand is made by an emigrant;(vii)the holder of the certificate shall conduct the business from the place indicated in certificate. For opening a recruitment centre at a place other than the place indicated in the certificate, the holder of the certificate shall obtain the prior permission of the registering authority [or an officer specially authorised by the registering authority];(viii)the holder of the certificate shall not employ sub-agents for the purpose of conducting or carrying on his business; and(ix)the holder of the certificate shall maintain the following records at his place of business and shall make them available for inspection on demand by Protector General of Emigrants or the Protector of Emigrants,--(a)a register of receipt of charges from emigrants recruited, in the form of an original acquittance roll containing the signature of each emigrant from whom the charge has been received. Each such register shall be with reference to a demand for recruitment. The register shall be maintained as permanent records;(b)a register and records of the amounts and Pre-paid Ticket Advices along with their photo copies received from the employers, identified demand-wise;(c)a register containing details of expenses incurred on the recruitment of emigrants demand wise supported by documents;(d)individual folders for each employer whose demands of labour, the holder of the certificate has processed, proposes to process or is processing;(e)bio-data of each emigrant recruited by the holder of the certificate;(f)copies of employment contracts of each emigrant as authenticated by the Protector of Emigrants;(g)original demand letter, power of attorney and correspondence with the employers;(h)all documents relating to the recruitment of emigrants, including office copies of all advertisements issued, letters of interview and correspondence with the applicants, original award sheets leading to the selection, names and addresses of person involved in the selection process, copies of letters of appointments, trade-testing particulars;(i)a register of visas received from the employers, giving separate account of block and individual visas;(j)a register of claims for all compensations (including for injury or death) made by the emigrants or their dependents, recruited by the holder of the certificate giving the name, address of the emigrant, emigration number, country of employment, nature of compensation (including the details in regard to the circumstances leading to the claim), address of the recipients and the name and address of the employer, and the receipt in original in token of having made the payment of compensation; and(k)such other records as may by required to be maintained by the registering authority;(x)[the holder of certificate shall file a return every month in Form IV to the Protector General of Emigrants or the Protector of Emigrants specified by the Protector General in this behalf, by the 10th of the succeeding month;] [ Substituted by G.S.R. 375(E), dated 23.3.1989.](xi)copy of each advertisement for recruitment of the emigrants shall be endorsed to the Protector of Emigrants;(xii)the holder of the certificate shall ensure that the employer observes the terms and conditions of the contracts; and(xiii)the holder of the certificate shall not charge any amount from the emigrant towards the repatriation expenses;(xiv)[ the holder of the certificate shall- [ Inserted by G.S.R. 511(E), dated 9.7.2009 (w.e.f. 9.7.2009).](a)provide details of employment, including contract conditions, to the intending emigrants before recruitment;(b)endeavour to ensure proper reception of the emigrant by the employer in the country of employment;(c)endeavour to ensure that subsequent to the employment, the employer shall not alter the terms of the employment contract; .(d)endeavour to ensure that the employer takes timely action for renewal of documents authorising the stay of the emigrant in the country of employment;(e)facilitate amicable settlement of disputes between the employer and the emigrant;(f)issue receipt for the payments received from the emigrant;(g)issue only such advertisements that are genuine and factually correct and shall refrain from any inducement or misrepresentation in this regard;(h)file copies of all advertisements to the Protector General of Emigrants immediately after their publication or release.(xv)the holder of the certificate shall maintain--(a)office premises of not less than fifty square meters of built up area, having a waiting hall with the capacity of sitting for at least thirty persons, a room for the purpose of conducting interview and an office space equipped with furniture, photocopier, telephone with Subscriber Trunk Dialling and International Subscriber Dialling facility, fax, computer and other office amenities as may be specified by the registering authority by order in writing;(b)work stations for the office personnel;(c)internet facility, email accounts and a web portal containing detailed information about the recruiting agent, the validity status of the registration certificate, the services offered, the cost of services, the mode of payment of service charges, the remedies available to emigrants for redressal of grievances, vacancies available along with the details of the jobs, the employers and the contract conditions and the recruitment made in the past with such particulars as the registering authority may require by order in writing;(d)adequate and duly trained staff;(e)a signboard, to be displayed in front of the business premises or so fixed that it is conspicuously visible to the public from outside the office premises indicating the name and the registration number of the recruiting agent, the year of registration and date of its expiry;(f)arrangements for skill testing for the trades for which he recruits the intending emigrants.](2)The certificate shall be in Form V.
