Provision Relating to License
6. Provision relating to license: (1) An institution intending to carry on
the foreign employment business sha ll make an application in the form
referred to in Schedule 2, accompanied by the following documents and
details, to the Department for the license:
(a) A copy of the institution registration certificate,
(b) A certified copy of the memorandum of assoc iation
and articles of association of the institution,
(c) A certified copy of the permanent accounts number
(d) A deta iled business action plan of the institution,
(e) A certified copy of the citizenship certificate of the
(f) A certificate copy of the certificate showing that the
director has ga ined at least two years of experience as
a director, proprietor or manager in an institution
relating to fore ign employment or a financ ial,
business, trade or industria l body which has been in
operation continuously since five years ago,
(g) A proof showing the settlement of tax to be pa id to
the Government pursuant to the prevailing laws,
(h) The promoter or director has not been punished for a
crim inal offense in volving moral turpitude,
(i) Not being a director of an institution of which license
has been canceled.
(2) If, upon making necessary inquiry into an application made
pursuant to Sub-rule (1), it appears appropriate to grant the license to
such institution to carry on the fore ign employment business, the
Department shall grant the license in the form referred to in Schedule
3, upon collecting the license fee of twenty thousand rupees and a proof
indicating the submission of the deposit or bank guarantee referred to
in Sub-section (2) of Section 11 of the Act.
7. Term of bank guarantee: (1) The term of bank guarantee as referred
to Sub-section (2) of Section 11 of the Act shall be a minim um of five
(2) The term of such bank guarantee shall be got renewed for
another term and the renewed bank guarantee shall be subm itted to the
Department prior to one year of the expiration of the term of bank
8. Renewal of license: (1) A license shall get its license renewed by
submitting the following deta ils no later than the last day of the month
of Ashad (about Mid July) of each financial year:
(a) A receipt indicating the submission of the income
return for the pre vious financia l year or e vidence
showing the payment of income tax,
(b) Number of workers sent for foreign employment in
the previous financ ial year and their condition.
(2) A licensee who gets the license renewed for three years at the
same time pursuant to sub-section (3) of Section 12 of the Act sha ll get
the license renewed no later than the last day of the month of Ashad
(about Mid July) of the year when the renewal period expires.
(3) In getting the license renewed, the renewal fee shall be pa id
at the rate of ten thousand rupees for one financ ial year.
(4) A licensee who intends to get renewed the license which has
not been renewed within the time-limit referred to in Sub-rule (1) may
get the license renewed no later than the last day of the month of Aswin
(about Mid October) of the same financ ial year by paying the additional
renewal fee at the rate of ten thousand rupees for each month, in
addition to the renewal fee referred to in Sub-rule (3). A licensee who
fails to ge t such license renewed shall not be entitled to carry on the
foreign employment business.
(5) Notwithstanding anything contained elsewhere in these Rules,
if a licensee who has not been able to get the license renewed owing to
the occurrence of an event beyond control from 16 Bhadra 2061 (Sept.
1, 2004) to the date of commencement of this Re gulation pays back the
advance, if any, taken from the deposit furnished by it, makes an
application setting out that matter to the Department for the renewal of
license no later than Ninety days after the date of commencement of
this Re gulation and the contents of application appears reasonable, the
license may be renewed for one time, by collecting the renewal fee at
the rate of Fifty Thousand Rupees for each year.
9. Information on cancellation of license to be given: In the event of the
cancellation of license pursuant to Section 13 of the Act, information
thereof shall be given to the licensee.
10. Refund to be made: If the license obtained by a licensee is canceled
pursuant to Section 13 of the Act and its is proved that the licensee has
collected the service fee or any amount from any person to send a
worker for foreign employment prior to such cancellation, the amount
so collected sha ll be refunded to the concerned person no later than one
month of the date of cancellation of license.
11. Deposit to be refunded and bank guarantee released: (1) If any
license is canceled pursuant to Section 13 of the Act, the licensee shall
make an application to the Department to have the deposit furnished
while obtaining the license refunded or the bank guarantee released.
(2) An application made pursuant to sub-rule (1) shall a lso
indicate whether any amount is due and payable to any person or not
(3) If an application is received pursuant to Sub-rule (1), the
Department shall publish or broadcast a notice in at least two da ily
newspapers of national c irculation and other means of communication
as required, indicating that such licensee applied for the refund of the
deposit or the release of bank guarantee furnished by it by the reason of
the cancellation of the license obtained by it, inviting any one to make
cla im, accompanied by proof and evidence, for the refund of the service
charge or any amount where such licensee has not sent for fore ign
employment by collecting such charge or amount, within thirty five
(4) Where any person makes a claim within the time-lim it of the
notice published or broadcast pursuant to Sub-rule (3) and upon
examination of the cla im, it is proved that the licensee has sent any one
for fore ign employment by collecting an amount for fore ign
employment, the Department shall order the licensee to refund such
amount to the concerned person within fifteen days.
(5) Where the licensee does not refund the amount in
pursuance of the order referred to in Sub-rule (4), the Department
shall deduct the amount from the deposit or bank guarantee amount
furnished by the licensee and provide it to the person making claim
pursuant to Sub-rule (4).
(6) Where no one makes a claim within the time-limit of the
notice published or broadcast pursuant to Sub-rule (3) or where a claim
is made and the licensee refunds such amount within the time-limit set
forth in sub-rule (4), the Department shall refund the remaining deposit
or release the bank guarantee.
(7) Where the deposit or bank guarantee amount of the licensee is
not suffic ient to refund the amount, the shortfa ll amount sha ll be
recovered from the director in accordance with the prevailing laws.
(8) The expenses incurred in publishing or broadcasting the
notice pursuant to Sub-rule (2) sha ll be deducted from the deposit or
bank guarantee amount of the concerned licensee.