ANNUAL REPORT

2009-10

GOVERNMENT OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS ANNUAL REPORT 2009-2010

“We are immensely proud of the achievements of our diaspora. Your achievements have made a great contribution in changing the image of India to the world at large.

In our lifetime we have seen India walk with greater confidence and ability. In the lifetime of our children we would want them to see the India of our and their dreams - an India that lives up to the expectations of those who struggled to make it free and those who toil to take it forward and an India that wishes to live in peace, as it seeks prosperity for all.

As India seeks to realize its destiny in the 21st century, our engagement with the world draws its spiritual motivations from the values of our freedom struggle and our cultural and spiritual heritage.”

- From the Inaugural Address of Prime Minister Dr. Manmohan Singh At the Pravasi Bharatiya Divas, New Delhi, January 8, 2010 MINISTRY OFOVERSEAS INDIAN AFFAIRS

MINISTRY OF OVERSEAS INDIAN AFFAIRS

ANNUAL REPORT 2009-10

CONTENTS

India and Overseas Indians – An overview 1

The Ministry and its Mandate 3

Diaspora Services 8

Migration Management 15

Protector General of Emigrants 32

Financial Services 36

Budget and Financial Review 41

Management Services 42

Annexures and Tables 44

MINISTRY OFOVERSEAS INDIAN AFFAIRS

INDIA AND OVERSEAS INDIANS – AN OVERVIEW

The overseas Indian community the character of migration began to spans the globe with a presence in 189 change and a ‘new Diaspora’ led by high countries across the world. Estimated at skilled professionals moving to the over 25 million, India has the world’s western world and semi-skilled contract second largest overseas community, workers moving to the Gulf, West and next only to China, but far more diverse. South East Asia emerged. This migratory wave is led primarily by the Like all other major movements of ‘New Economy’ comprising Information people, the overseas Indian community and communication technology, Bio- is the result of different waves of technology, financial services and migration over hundreds of years driven indeed scientists, technologists and by a variety of reasons – mercantilism, academia. colonialism and globalisation. Its early experiences make up a saga of trials, The overseas Indian community tribulations and the eventual triumph of thus constitutes a diverse, determination and hard work. heterogeneous and eclectic global community representing different In pre-modern times, Indian traders regions, languages, cultures and faiths. crossed the Indian Ocean to the east The common thread that binds them coast of Africa and overland to Central together is the idea of India and its and West Asia. Others, over several intrinsic values. Overseas Indians centuries reached parts of South East comprise People of Indian Origin and th Asia. In the 19 century, the abolition of Non Resident Indians and today are slavery in the British Empire amongst the best educated and necessitated the large scale recruitment successful communities in the world. In of ‘indentured’ Indian labourers for every part of the world the overseas colonies in the Atlantic, Pacific and the Indian community is recognised and Indian Oceans and under the ‘Kangani respected for its hard work, discipline, System’ to destinations in South East non-interference and for successfully Asia. In more recent times, following integrating with the local community. India’s independence, there was in the Overseas Indians have made significant th mid 20 century a wave of migration of contributions to the economy of the Indians in search of new opportunities country of residence and have added in in Europe, North America and considerable measure to knowledge and Australasia. innovation. Today, Overseas Indians constitute The emergence of significant a significant and successful economic, Diasporas has in recent years brought social and cultural force in the world. In into sharp focus two key facts. First, th the last three decades of the 20 century there is a large expatriate population of 1 ANNUAL REPORT 2009-2010

skilled people from emerging economies institutions for sustainable, symbiotic in the developed world. Second, and mutually rewarding engagement. overseas communities can constitute a Home countries are now beginning to significant resource for the development recognise the need to pursue and of the countries of origin. The movement promote the dynamic of the Diaspora of the high skilled and low skilled workers and development. from less to more developed economies and back opens several new India’s engagement with its opportunities for development. To view Diaspora is symbiotic, the strands of the Diaspora only through the looking both sides of the relationship equally glass of remittances and financial flows important to create a resilient and robust is to take a myopic view. Not all bond. To engage with the Diaspora in a expatriates need to be investors and sustainable and mutually rewarding their development impact measured only manner across the economic, social and in terms of financial contributions to the cultural space is at the heart of the policy home country. of the Ministry. To create conditions, partnerships and institutions that will best An overseas community can and enable India to connect with its Diaspora does serve as an important ‘bridge’ to comprehensively is central to all our access knowledge, expertise, resources programmes and activities. As a new and markets for the development of the country of origin. The success of this India seeks to become a global player bridge is often predicated upon two of significance, the time has come for a conditions: the ability of the Diaspora to strong and sustained engagement develop and project a coherent, between India and overseas Indians. intrinsically motivated and progressive The time has also come for overseas identity and the capacity of the home Indians to benefit from the exciting country to establish conditions and opportunities that India provides.

2 MINISTRY OFOVERSEAS INDIAN AFFAIRS

THE MINISTRY AND ITS MANDATE

I. INTRODUCTION Overseas Citizens of Indian (OCI). The Ministry of Overseas Indian India’s engagement with its overseas Affairs (MOIA) is the quintessential community has been mainstreamed with people’s agency, a one-stop address for the establishment of the Ministry. The the overseas Indians. Established in Vision, Mission and Objectives of the May, 2004 as the “Ministry of Non- Ministry are: Resident Indians’ Affairs, it was renamed VISION: Foster sustainable, the ‘Ministry of Overseas Indian Affairs’ symbiotic and strategic engagement (MOIA) in September, 2004. The between India and Overseas Indians Emigration division of the Ministry of across the economic, social and cultural Labour and Employment was attached space that will best serve India as an to the new Ministry in December, 2004 emerging global power and meet the and now functions as the Protectorate expectations of the overseas Indian General of Emigrants. The erstwhile NRI community as a significant constituency Division of the MEA now functions as the across the world. Diaspora division in the Ministry. MISSION: Establish a robust and Small and unconventional, the vibrant institutional framework to Ministry is headed by a Cabinet Minister facilitate and support mutually beneficial and has three functional service networks with and among overseas divisions: Diaspora Services, Financial Indians to maximize the development Services and Emigration Services. A impact for India and to enable overseas small team of eighteen officers (US and Indians to invest in and benefit from the above) works in the Ministry in a de- - economic, social and cultural - layered and multitask mode leveraging opportunities in India. the power of partnership and outsourcing. This will be sought to be achieved based on three value propositions: The Protector General of Emigrants (PGE) administers the Emigration Act, • Through multi-skilled market driven 1983. He overseas the eight field offices entities promoted by the Ministry but of the Protectors of Emigrants located managed at ‘arm’s length’ by at Chandigarh, Chennai, Cochin, Delhi, knowledge partners from the private Hyderabad, Kolkata, Mumbai and sector. Thiruvananthapuram. • Enlisting the states as stake-holder II. POLICY IMPERATIVES partners since overseas Indian The MOIA is the focal Ministry for related initiatives need to be all matters relating to overseas Indians anchored in the states. (OI) comprising Persons of Indian Origin • Stay small, drive policy changes and (PIO), Non-Resident Indians (NRIs) and facilitate activity on ground 3 ANNUAL REPORT 2009-2010

OBJECTIVES: Employment (ICOE), ‘a not for profit • Facilitate sustained interaction of society’ to serve as a strategic overseas Indians with India and ‘think-tank’ on matters relating to offer them a wide variety of services overseas employment markets for in economic, social and cultural Indians and overseas Indian matters. workers. • Extend institutional support for • The Global Indian Network of individual initiatives and community Knowledge (Global-INK), a robust action to harness the knowledge, electronic platform that will facilitate skills and investible resources of transfer of knowledge with the overseas Indians to supplement the objective of leveraging the national development efforts. expertise, skills and experience of overseas Indians. • Strengthen the bond between India • The Prime Minister’s Global and its diaspora by recognizing and Advisory Council of Overseas celebrating its success and Indians, to serve as a high level achievements. body to draw upon the talent of the • Transform management of best overseas Indian minds emigration into a transparent, wherever they might reside. efficient and humane process • Overseas Indian Centres (OIC) at through appropriate domestic the Indian Missions at Washington interventions and international and Abu Dhabi, to begin with, to cooperation. serve as field formations on matters III. INSTITUTIONAL ARRANGEMENTS relating to overseas Indians. To fulfill its mandate, the focus of IV. PROGRAMMES AND the Ministry has been on establishing a ACTIVITIES robust institutional arrangement to Besides dealing with all matters promote sustainable and mutually relating to PIOs and NRIs, the Ministry beneficial engagement between is engaged in several initiatives with overseas Indians and India across the Overseas Indians in promotion of trade economic, social and cultural space. and investment, emigration, education, Towards this end the institutional culture, health and science & technology arrangements established include: among others. . Given the region and • The Overseas Indian Facilitation country specific ethos and expectations Centre (OIFC), ‘a not for profit trust’ of the diaspora, MOIA has policies, in partnership with the programmes and schemes that seek to Confederation of Indian Industry meet the varied expectations and needs (CII), to serve as a one stop shop of the diverse Overseas Indian for economic engagement, Community under the following rubric: investment and business.
Overseas Citizenship of India (OCI) • The India Development Foundation Scheme of Overseas Indians (IDF), ‘a not for
Awareness Campaign on the risks profit trust’ to serve as a credible of irregular Migration single window to facilitate Diaspora
Pravasi Bharatiya Divas philanthropy and lead overseas
Know India Programme Indian philanthropic capital into
Pravasi Bharatiya Bima Yojana India’s social development effort.
Pravasi Bharatiya Kendra
• The Indian Council of Overseas Tracing the Roots Scheme 4 MINISTRY OFOVERSEAS INDIAN AFFAIRS

Scholarship Programme for LOOKING BACK AT 2009-10 Diaspora Children (SPDC) The year 2009-10 has been eventful
Setting up of a PIO University and productive for the Ministry of
Overseas Indian Facilitation Centre Overseas Indian Affairs. We have made
Overseas Workers Resources progress on several fronts – economic, Centres social and cultural.
India Development Foundation of Overseas Indians The highlights of the year in brief
E-governance in Emigration are – Overseas Indian workers constitute In April the administrative an important segment of the Indian arrangements for implementation of the diaspora. International migration is Social Security Agreement (SSA) therefore a strategic focus area for the between India and France were finalized Ministry. Policy interventions as well as in Paris. The Indo-French SSA provides bilateral cooperation with destination for avoidance of double payment, countries constitute important focus portability of benefits and totalisation of areas of work of the Ministry. Besides contribution of social security on a concluding Labour Welfare and reciprocal basis to expatriates of both Protection Agreements with the Gulf countries. countries and Malaysia and Denmark for In May, a Counselor (Community the benefit of the skilled and semi-skilled Development Affairs), MoIA took charge workers, the Ministry has successfully at Abu Dhabi to look after the interests entered into bilateral social security of the overseas Indian community in the agreements with Belgium, France, UAE. Germany, Switerzerland, Luxembourg and Netherlands. The Ministry is also In June, an Memorandum of negotiating and concluding bilateral Understanding (MoU) between India and Society Security Agreements with other Bahrain was signed for the welfare and countries in Europe, North America and the protection of Indian workers. the Asia Pacific for the benefit of Indian In July, the amendments to the professionals. Labour Mobility Emigrations Rules, 1983 were notified. Partnerships to enhance overseas The amendments, inter-alia, stipulate – employment avenues are also being i) enhancing the bank guarantee for pursued with the European Union and Recruiting Agents (RA) from Rs.10 Lakh select member states of the E.U. to Rs.20 Lakh, ii) the application fee from In addition, the Pravasi Bharatiya Rs.5000/- to Rs.25,000/- and iii) the Divas (PBD) and the Pravasi Bharatiya maximum service charges to be Samman Awards continue to be the collected by the agents from Rs.10,000 flagship event of the Ministry. The PBD to an equivalent of 45 days wages commemorates the return of Mahatma subject to a maximum of Rs.20,000/-. Gandhi, the first great Pravasi, to India Besides, educational criteria of on January 9, 1915, to lead an eminently bachelor’s degree or two years diploma successful non-violent struggle for or equivalent have been stipulated for India’s freedom. This programme also registration of RA. The RAs as well as seeks to bring the expertise and the foreign employers have been knowledge of the overseas Indian on a entrusted with additional duties and common platform and integrate it with responsibilities with an objective to the country’s development process. enhance protection of emigrants

5 ANNUAL REPORT 2009-2010

In August, the Cabinet approved employment documents and initiating the proposal for setting up the Indian action against fraudulent intermediaries Community Welfare Fund (ICWF) in the in the host countries to prevent illegal Indian Missions in 17 ECR Countries and migration from India. the Maldives. The first meeting of the Board of In September, the third mini-PBD Trustees of India Development called “PBD-Europe” was held at the Foundation of Overseas Indians (IDF) World Forum in The Hague on was held on 4th November, 2009. 19.9.2009. The event was organized in In December, we hosted the Asia- partnership with the Municipality of The Europe (ASEM), International Hague and with the active support of Conference on Migratory Flows between Indo-Dutch organization in the Asia and Europe in Goa, which was Netherlands. The event was attended by attended by representatives of over 45 more than 500 overseas Indians and countries and the European Union. other dignitaries including from the Dutch Government. In January, The 8th edition of the Pravasi Bharatiya Divas convention was The SSAs with Switzerland and held in New Delhi from 7th to 9th January, Luxembourg were signed. In addition, 2010. The Convention was attended by the Labour Mobility Partnership over 1500 delegates from different Agreement, the first of its kind with a countries. Besides the inaugural and member State of Europe, was signed valedictory sessions, three Plenary with Denmark. Sessions, six concurrent sessions and In October, the SSA with separate State Sessions were Netherlands was signed. organized. On this occasion, Pravasi The agreement on Social Insurance Bharatiya Samman Awards were signed with Germany came into force conferred on 14 overseas Indians. with effect from 1.10.2009. The two pre-conferences seminars In November, the 4th Annual on “Nano-technology” and “Property- Conference of the Heads of Missions of related issues of overseas Indians” drew GCC Countries, Jordan, Libya, Yemen, enthusiastic participation of all stake- Malaysia and Maldives was held on 26- holders and were widely appreciated. 27th November, 2009 in New Delhi. The The first meeting of the Prime Conference was attended by the Heads Minister’s Global Advisory Council held of Missions (HOM) from 11 Indian on 7th Missions, the representatives of MEA and the Ministry of Labour and January, 2010 was another highlight Employment and 8 State Governments. of this year’s mega-event. Major recommendations/decisions taken The 13th Know India Programme by the Conference included establishing was organized in partnership with the ‘Indian Worker Resource Centres States of Kerala and Rajasthan from 28th (IWRC)’ by the Missions to extend a host December 2009 to 20th January 2010. of counseling services and a grievance 40 youths of Indian origin from 16 redressal mechanism, activating the countries participated. Joint Working Groups (JWG) under the provisions of the labour MoU,s signed In February, the bilateral Social with the major labour receiving Security Agreements with Hungary and Countries, implementing a computerized Denmark were signed in Budapest and system of universal attestation of New Delhi respectively. 6 MINISTRY OFOVERSEAS INDIAN AFFAIRS

The MOIA Team (2009-10)

Shri Vayalar Ravi Cabinet Minister

Sh. K. Mohandas (upto November 2009)

Dr. A. Didar Singh (from December 2009) Secretary

Shri D.N. Srivastava Shri G.Gururcharan (upto October 2009) Joint Secretary Joint Secretary (Financial Services, Emigration policy, Dr. Ranbir (Diaspora Services) Administration and Chief Vigilance Officer) Singh

Smt. Shri. N. Shri Shiv Sh. Sh. Protector Sandhya Balasubra Ratan Mithlesh K.B.Arora General Shukla - manian Kumar Deputy of Emigrants Director Deputy Director Deputy Deputy Secretary Sh.K.C. (Diaspora Secretary (Emigration Secretary Secretary (Vigilance Badhok Services) (Diaspora Policy) (Financial (Admn & Co- Services) Services and ordination) Director & Budget) Emigration (Emigration Policy.) Services)

7 ANNUAL REPORT 2009-2010

DIASPORA SERVICES

The Diaspora Services Division 2. The Scheme was introduced in the deals with all matters relating to financial year 2006-2007 and Overseas Indians comprising Persons envisages issue of OCI documents of Indian Origin (PIO) and Non- consisting of OCI registration Resident Indians (NRIs), overseas certificate and Universal visa sticker citizenship matters, Pravasi Bharatiya to persons of Indian origin. The Divas, Pravasi Bharatiya Samman Scheme has been operational since Awards, admission of NRI/PIO January, 2006 and as on 28th students to various educational, February, 2010, a total number of technical and cultural institutions in 5,52,355 Persons of Indian Origin India, scholarships to NRI/PIO students have been registered as OCIs. in India and new initiatives to promote interaction of overseas Indians with 3. A registered Overseas Citizen of India in Tourism, Media, Youth Affairs, India is granted multiple entry, multi Education, Culture etc. purpose, life-long visa for visiting India, and is exempted from I. OVERSEAS CITIZENSHIP OF registration with Foreigners INDIA(OCI) Regional Registration Office for any Keeping in view persistent length of stay in India. As mandated demands for “dual citizenship” from the under the Allocation of Business, Indian Diaspora, particularly from North the Ministry of Overseas Indian America, West Europe, Australia and Affairs has issued notifications New Zealand, and the Government’s granting registered OCIs further deep commitment in engaging Persons benefits as under: of Indian Origin with the land of their (i) Parity with Non-Resident ancestors in a mutually beneficial Indians in the matter of inter- relationship, the Overseas Citizenship country adoption of Indian of India (OCI) Scheme was launched children ; in August 2005 by amending the (ii) Parity with resident Indian Citizenship Act, 1955. The Scheme nationals in matters of tariffs in provides for the registration as domestic air fares ; Overseas Citizens of India (OCI) of all (iii) Parity with domestic Indian Persons of Indian Origin (PIOs) who visitors in respect of entry fee were citizens of India on or after 26th for visiting national parks and January, 1950 or were eligible to wildlife sanctuaries in India ; become citizens of India on 26th (iv) Parity with non-resident January, 1950 and who are citizens of Indians in respect of : other countries, except Pakistan and (i) entry fees for visiting the Bangladesh.

8 MINISTRY OFOVERSEAS INDIAN AFFAIRS

national monuments, historical implemented by M/s. Educational sites and museums in India; Consultants India Limited (Ed.CIL) India (ii) practising the following Limited, an autonomous body under the professions in India, in Ministry of Human Resource pursuance of the provisions Development. The scheme is open to contained in the relevant Acts, NRIs/PIOs from 40 countries with namely : substantial Indian Diaspora population. (a) doctors, dentists, nurses and pharmacists; A total of 278 candidates have (b) advocates; availed of the scholarship scheme since (c) architects; and its inception. Of the 126 candidates (d) chartered accountants; and selected for the award of scholarship (v) Entitlement to appear for the during the year 2009-10 only 72 have All India Pre-Medical Test or availed of the scholarship. With the result such other tests to make them of the review of SPDC scheme, it has eligible for admission in been decided to do away with the The pursuance of the provisions Common Entrance Test (CET) for contained in the relevant Acts. selecting PIO and NRI students for the award of scholarship. The revised However, the OCI is not ‘dual procedure is to be implemented from the citizenship’. OCI does not confer political academic year 2010-11. The rights. Detailed instructions and applications from the students who meet procedures on the OCI Scheme are the prescribed eligibility criteria are to be given in the MHA’s website : evaluated and shortlisted by a selection www.mha.nic.in. committee consisting of officers from Ministry of HRD, EdCIL (India) Ltd. and An on-line OCI miscellaneous MOIA. service is now available for re-issuance /issuance of duplicate OCI documents, III PIO/NRI UNIVERSITY in case of issuance of new passport, In keeping with the change of personal particulars, viz, recommendations made by the High nationality, name, change of address/ Level Committee on the Indian Diaspora occupation, etc. and loss/damage of OCI (HLCID) and commitments made at the registration certificate/visa. highest level, the Ministry is in the process of setting up a PIO/NRI II. SCHOLARSHIP PROGRAMME University for the benefit of children of FOR DIASPORA CHILDREN overseas Indians. The University is (SPDC) expected to be accorded the status of A scheme called ‘Scholarship “Deemed University” de-novo under Programme for Diaspora Children Section 3 of the UGC Act. The University (SPDC)’ was launched in the academic would be set up by Manipal Academy of year 2006-07. Under the scheme 100 Higher Education Trust (MAHET), scholarships upto US$ 3600/- per month Manipal at Bangalore, Karnataka. are offered to PIO and NRI students for MAHET has submitted a Detailed Project Undergraduate courses in Engineering/ Report (DPR). An Advisory Board has Technology, Humanities/Liberal Arts, been constituted to evaluate the DPR Commerce, Management, Journalism, with a view to ensure that it conforms to Hotel Management, Agriculture/Animal the academic and infrastructure Husbandry etc. The scheme is being standards prescribed by the concerned

9 ANNUAL REPORT 2009-2010

authorities like the UGC, AICTE, and Industry (CII) was the institutional MCI etc. The board held two meetings partner. It was inaugurated by the Prime and approved, in principle, the DPR Minister on 08.01.2010 and the submitted by the MAHET. As per the valedictory address was delivered by the recommendations of the Advisory Board, President on 09.01.2010. The President work is underway to draft a Bill for also conferred the Pravasi Bharatiya Parliament for setting up the university Samman Award on 14 distinguished and four more such universities in PIOs/NRIs. Lord Khalid Hameed CBE different cities in India. Around 60 DL Hampstead was the Chief Guest. proposals for setting up of four more universities have been received in The two-day convention saw a response to advertisements published RECORD PARTICIPATION OF OVER by the Ministry in February and June 1500 DELEGATES. These included 16 2009 calling of Expressions of Interest Members of the Prime Minister’s Global (EOIs). These EOIs are being examined. Advisory Council and 8 PIO Ministers, besides 12 Union Ministers and 5 Chief IV. PRAVASI BHARATIYA DIVAS Ministers and other Indian and PIO (PBD) dignitaries. Pravasi Bharatiya Divas (PBD) convention is the flagship event of the The flagship event of the Ministry Ministry organized every year in January was widely acclaimed as a grand since 2003, with a view to connect India success both for its organizational to its vast Indian diaspora and bringing aspects and its substantive content, as their knowledge, expertise and skills on also for the choice of speakers and the a common platform. topicality of the themes chosen for deliberation at its various sessions. The The 8th edition of the Pravasi two pre-conference seminars on “Nano- Bharatiya Divas convention was held in technology” and “Property-related issues New Delhi from 7th to 9th January, 2010. of overseas Indians” drew enthusiastic The Convention was organised in participation of all stake-holders and partnership with the Government of NCT came in for appreciation from several of Delhi. The Confederation of Indian quarters. The first meeting of the Prime Minister’s Global Advisory Council was another highlight of this year’s mega- event. The Convention had three Plenary Sessions - Diaspora: Role and Expectations, Diaspora: Interests and Concerns & Skills Development; six concurrent sessions - Returning to 9% Growth: Diaspora Connect , Leveraging Knowledge Networks: Global-Ink, Thousands of Fireflies: Diaspora Philanthropy, Diaspora Women in Cross- Cultural Environments, Indians and the Gulf and Future of PBDs and the Road Ahead as well as separate State Sessions. 10 MINISTRY OFOVERSEAS INDIAN AFFAIRS

V. HIGHLIGHTS OF PBD 2010 conferred on overseas Indians. PBSA • Record participation over 1500 2010 were conferred on the following : delegates 1. Mr. Mohinder Singh Bhullar • Attendance by a host of dignitaries 2. Mr. Yanktesh Permal Reddy from abroad 3. Mr. Ryuko Hira • Inauguration of an online portal 4. (Mrs) Dr. Ruby Umesh Pawankar developed by OIFC by Prime 5. Mr. Suresh Kumar Virmani Minister 6. Mr. Pravin Jamnadas Gordhan • First meeting of Global Advisory 7. Dr. Tholisiah Perumal Naidoo Council of Overseas Indians 8. Dr. Rajni Kanabar chaired by PM 9. Mr. Deepak Mittal • Three Plenary sessions, six 10. Dr. Lenny Krishendath Saith concurrent sessions besides 11. Dr. Azad Moopen separate State Sessions 12. Dr. Mani Lal Bhaumik • Two pre-conferences seminars on 13. Mr. Ashok Kumar Mago ‘Nano-technology’ and ‘Property- 14. Mr. Upendra J. Chivukula related issues of Overseas Indians’. VI PRAVASI BHARATIYA SAMMAN AWARD (PBSA) The Pravasi Bharatiya Samman Award (PBSA) is conferred on a Non- Resident Indian, Person of Indian origin or an organization or institution established and run by the Non-Resident Indians or Persons of Indian Origin, who have excelled in one’s field for outstanding work which has enhanced India’s prestige in the country of residence and who has made (i) significant contribution towards better understanding abroad of India and support to India’s causes and concerns in a tangible way; (ii) significant contribution for the welfare of diaspora; VII. PBD- EUROPE (iii) notable contribution in philanthropic and charitable work and for social and The third in the series called ‘PBD- humanitarian causes in India and Europe’ was held at the World Forum in abroad; (iv) significant contribution in The Hague on 19.09.009. The event was building closer links between India and organized in partnership with the its diaspora in the economic, cultural and Municipality of The Hague. The scientific fields; and (v) for eminence in Foundation for Critical Choices for India his skills which has enhanced India’s (FCCI), Netherlands India Association prestige in that country (for non- (NIA), Netherlands Chapter of GOPIO, professional workers). It is conferred by UJALA Association of Surinamese the President of India as a part of the people and EEKTA Association of Pravasi Bharatiya Divas (PBD) Surinamese people were the conferences organized annually since Netherlands-based organizations which 2003. PBSA is the highest honour participated in the event. 11 ANNUAL REPORT 2009-2010

VIII.SEMINAR ON PROPERTY Suriname participated in the event which RELATED ISSUES OF NRIS/ was attended by over one hundred and PIOS fifty persons. A seminar on Property related H.E. Dr. Lenny K. Saith, Minister in issues of NRIs/PIOs has been organized the Office of the Prime Minister of th on 7 January 2010 as a prelude to the Trinidad & Tobago was the Chief Guest Pravasi Bharatiya Diwas 2010. The idea for the occasion. was to provide a forum to NRIs/PIOs to discuss their property related issues and X TRACING THE ROOTS to exchange views on the different The Ministry launched a Scheme aspects of the matter from the eminent called “Tracing the Roots” in October, speakers invited to the seminar. 2008. In this regard, the Ministry signed an MOU with an organization called The participants gave presentations “Indiroots” to facilitate tracing the roots on the concerns of overseas Indians on of POI’s in India. As per the Scheme, property related issues. The legal PIOs, who intend to trace the roots of aspects of the property owning/tenancy their ancestors in India, have to apply in in India were also discussed. There was a prescribed form through the Indian also interactive session in the seminar Mission/Post in the country of their wherein the specific queries were taken residence. Under the Scheme, the roots by the representatives of central and of four PIOs (two from Trinidad, West state governments, representatives of Indies, one from Durban, South Africa, real estate developers and legal experts one from Brunei) have been successfully in property related issues etc. traced and the reports have been IX. ONE-DAY SEMINAR ON communicated to the concerned PIO INDIAN DIASPORA IN THE through Missions/posts. . . CARIBBEAN XI KNOW INDIA PROGRAMME A one-day Seminar on Indian (KIP) Diaspora in the Caribbean was Know India Programmes of the organized at Port of Spain, Trinidad & Ministry is organized with the objective Tobago on 16 August, 2009 by the of familiarizing Indian Diaspora youth, in Ministry in coordination with the High the age group of 18-26 years, with Commission of India, Port of Spain. It developments and achievements made was co-sponsored by the University of by the country and bringing them closer West Indies, Global Organization of to the land of their ancestors. The Persons of Indian Origin (GOPIO), Programme provides a unique forum for Trinidad Chapter and the National students and young professionals of Council of Indian Culture (NCIC) based Indian origin to visit India, share their in Trinidad and Tobago. views, expectations and experiences Besides the inaugural session, the and to bond closely with contemporary Seminar had discussions on “Language India. The participants are selected and Cultural Heritage: Issues & based on nominations received from Challenges for the Indian Diaspora” and Indian Missions/Posts abroad. They are “Role of customs, rituals, music, dance provided with full hospitality and are and cinema in promoting linkages”. reimbursed 90% of their economy class Speakers from Trinidad and Tobago, air-fare from their respective country to Grenada, Guyana, Jamaica and India and back.

12 MINISTRY OFOVERSEAS INDIAN AFFAIRS

The content of the programme 16 countries participated in it. The broadly includes the following: participants attended the Pravasi Bharatiya Divas event, 2010 – a (a) Presentations on the country, the platform that brings together constitution, political process etc. eminent overseas Indians from all (b) Interaction with faculty and students over the world. at a prestigious University/ College/Institute. The Ministry also hosted 12 (c) Presentation on the industrial participants of Know Goa Programme for development and visit to some their Delhi and Agra part of the Industries programme in December 2009. Know (d) Visit to a village to better understand Goa programme are organized by the the typical village life Government of Goa for NRI/PIO youths (e) Exposure to Indian media and Film whose forefathers have migrated from Industry. Goa and are presently residing (f) Interaction with NGOs and overseas. organizations dealing with women affairs. Know India Program Website made (g) Visit to places of historical interactive importance/Monuments. The social network on the Know (h) Taking part in Cultural programmes India Program website was launched. (i) Exposure to yoga The Website is now interactive and (j) Call on high dignitaries, which may nearly 80 past participants of the Know include President of India, Chief India Programs have already become Election Commissioner of India, members on this social network, an Comptroller and Auditor General of initiative of the Ministry. The Ministry has India, and Ministers in-charge of conducted thirteen KIPs so far and a total Overseas Indian Affairs, Youth number of 410 overseas Indian youth Affairs and Sports. have participated in these programs upto During 2009-10, three (3) Know now. India Programmes were arranged with XII PROBLEMS RELATING TO participation from 98 overseas Indian OVERSEAS INDIAN youth. MARRIAGES (i) 11th KIP in partnership with the Ministry of Overseas Indian Affairs States of Orissa & Punjab from 21st (MOIA) has taken various steps to March 2009 to 12th April 2009. 22 address the problems arising out of participants from 9 countries took marriages with overseas Indians. Some part in it. of them are as under:- (ii) 12th KIP in partnership with the States of Karnataka and Himachal i) DESIGNATION OF A Pradesh from 24th September to 16th COORDINATING AGENCY TO October 2009 Thirty six youths of DEAL WITH THE ISSUE OF Indian origin from 11 countries took PROBLEMATIC NRI part in the programme. MARRIAGES (iii) 13th KIP in partnership with the Parliamentary Committee on States of Kerala and Rajasthan “Empowerment of Woman “ ( EWC) (14th from 28th December, 2009 to 20th Lok Sabha) on the subject” Plight of January, 2010. 40 participants from Indian woman deserted by NRI 13 ANNUAL REPORT 2009-2010

husbands” had recommended to evolve ii) SCHEME FOR GIVING LEGAL a well defined /coordinated mechanism /FINANCIAL ASSISTANCE TO to deal with the issue of problematic NRI INDIAN WOMEN DESERTED marriages . BY THEIR OVERSEAS INDIAN An Inter Ministerial meeting SPOUSES convened in the Ministry considered the The Ministry had launched a recommendation of EWC and decided Scheme to provide legal and financial that National Commission for Women assistance through Indian Missions (NCW) be made the coordinating abroad to Indian women deserted or agency at the national level to receive divorced by their overseas Indian and process all the complaints related spouses. After taking the views of the to deserted Indian women by their Indian Missions /Posts concerned, the overseas spouses. existing limit of assistance under the In pursuance of above decision, scheme has been enhanced from US $ National Commission for Women 1,000 to US $ 1,500 per case to render (NCW), has been designated by this more assistance to deserted women. Ministry as a coordinating agency at iii) ORGANIZATION OF ONE DAY National level to receive and process all NATIONAL CONVENTION IN the complaints related to Indian women deserted by their overseas Indian COLLABORATION WITH NGO husbands. Chief Secretaries of all State/ Vividh Vikas Samithi , a Delhi based Administrators of all Union Territories NGO in collaboration with MOIA and Heads of Indian Missions /Posts conducted one day National Convention abroad have been advised of this on “Indian Mission to help jilted NRI decision and requested to take further Brides” in New Delhi on 20th April, 2009. action accordingly. The main objectives of the convention were to study the problems of jilted NRI Consequent to that, NCW has brides who are abandoned by their NRI formally launched an NRI Cell to deal husbands, to identify and analyze with problems of Indian women deserted constrains and barriers of NRI marriages th by their NRI husbands on 27 August, , main reasons of breaking NRI 2009 to render all possible assistance marriages, the role of various NRI to victims of NRI marriages, look into organizations in protecting the rights of complaints and also to take suo-moto abandoned brides etc. The convention notice on any issue brought to the notice was attended by senior bureaucrats from of NRI Cell in accordance with section Government of India, Advocates, NGOs, 10 (1) (f) of the National Commission for Journalist, women victims of NRI Women Act, 1990 read with Sub-Section 4 of Section 10 and Section 8 of the Act. marriages etc.

14 MINISTRY OFOVERSEAS INDIAN AFFAIRS

MIGRATION MANAGEMENT

I. INTERNATIONAL MIGRATION: by the labour supply gaps of the global AN OVERVIEW market. It is our conviction that labour Last year saw a downturn in the mobility and matching of demand for and world economy resulting in recessionary supply of skills will be substantially pressure or severe slowdown in the determine the pace, the direction and the economy of the major developed future growth prospects of the global countries. As a result of this millions of economy. The question is no longer jobs were lost across the world. Migrant whether to allow migration, but indeed, workers were also adversely affected. how to manage migration effectively to These workers contribute not only to the enhance its positive effects on development of the country where they development and mitigate the negative. live and work but also to the economy of Which forms of migration are desirable, the country of origin. The remittances and should be facilitated and under what sent home by these migrant workers circumstances? Which forms are have a profound impact on the living undesirable and need to be prevented? standards of people in the developing II. THE POLICY PERSPECTIVE countries of Asia, Africa, Latin America Growing mobility of labour in a and the Middle East. Despite the globalizing economy, emerging deceleration of the outflow of workers to population and demographic dynamics, the Gulf – close to 25 percent reduction as well as enhanced security concerns, in emigration -the flow of remittance have together underlined the importance receipts from overseas Indian workers of good migration management to increased by 7.8 percent to US$ 46.9 transform it into an efficient, orderly and billion during 2008-2009 from US$ 43.5 humane process. Equally, there is an billion during the 2007-08. urgent need to address the problem of In one of the enduring ironies of the illegal migration. Curbing irregular present times, we live in a world in which migration is an issue of concern not only the free movement of capital, goods, and in the developed countries but also in technology is seen as a virtue, but also the developing world. This has social and one in which the movement of people security ramifications which are now well across borders is more difficult than ever beyond mere law-enforcement and need in the past. Ironically, in a rapidly to be appropriately addressed by the globalising world, legal migration is being countries involved. rendered increasingly difficult. It is in this In this background even as nations backdrop that we must see the growing strive to restore economic order, it is our problem of illegal migration and people conviction that countries of origin and smuggling. Quite simply, migration is destination must together strive to more likely in the future to be propelled achieve a ‘minimum policy 15 ANNUAL REPORT 2009-2010

harmonisation’ on migration. Given March 2006. It deals with all policy India’s long experience in migration, it matters relating to emigration of workers is our considered view that such from India. Its main responsibilities minimum policy harmonization is include formulation of policies for eminently achievable and can be the improving emigration management, basis for a robust programme of legislative reforms, emigration reforms International cooperation in migration including institutional changes, e- that will maximize the benefits of Governance, formulation of welfare development for all. Such a programme schemes for emigrants and can result in well calibrated migratory strengthening bilateral and multilateral flows that will best meet the needs of all cooperation in International migration. countries concerned. III. SYSTEMIC REFORMS IN India is a major country of origin with EMIGRATION an estimated 30 million Indians International migration is of overseas, spread across 110 countries. strategic importance to the world as it is What is less known, however, is that to India. As cross border investment and India is today home to an estimated 20 trade gains momentum, market access million immigrants, many of them, is significantly enhanced across irregular migrants. As a major country countries and economic integration of origin and destination India is an widens in the global economy, the free important player in International movement of natural persons across migration. The strategy of the ministry borders will become a natural corollary has been to evolve a coherent, liberal and a necessary condition to sustain and progressive migration policy. growth. Economic rationale combined Emphasis has been on introducing reforms and implementing best practices with demographic pressures will in migration management covering all necessitate calibrated, orderly and well stakeholders in the migration process. managed migration of skills. The vast In doing so the ministry has been led by reservoir of young, skilled and trained four principles: manpower that India possesses makes emigration a key opportunity area in the • Facilitate legal migration by making medium to long term. Therefore, the the process simple, transparent and ministry is pursuing a proactive policy to efficient. transform the emigration process into a • Actively prevent illegal migration by simple, transparent and humane acting in tandem with the states process. The focus is on making Indian against unscrupulous middlemen workers skilled, trained and competitive and those indulging in people to meet the best standards of smuggling productivity in the International labour • Capacity building amongst all the market. This is being done through stakeholders - end to end - in the systemic interventions at the national migration process and sub- national levels in partnership • Proactively pursuing and with the Chambers of Commerce and strengthening bilateral and Industry as well as relevant Knowledge multilateral cooperation partners from the private sector. These To articulate and implement the national efforts are also being reinforced policy reforms an Emigration Policy through appropriate bilateral and Division was created in the Ministry in multilateral initiatives. 16 MINISTRY OFOVERSEAS INDIAN AFFAIRS

To transform emigration into an IV. LEGISLATIVE REFORMS orderly economic process and constitute The Ministry has taken a fresh look a ‘win-win’ for all stakeholders, the at the entire emigration system as Ministry has taken several initiatives enshrined in the Emigration Act, 1983 including computerization of the and the Emigration Rules particularly emigration clearance system, a with reference to the need for redefining comprehensive e-Governance project, the scope of regulation, redesigning the modernizing the emigration law and emigration process, setting standards and defining the roles and capacity building amongst stakeholders. responsibilities of key stakeholders in the Memoranda of Understanding are being emigration process with the objective of signed with the host countries for making emigration an orderly economic bilateral cooperation in deployment and process. The need has been felt to protection of workers. Efforts are modernize the legislative framework that underway to diversify the overseas governs emigration of Indians for destination base for Indian workers overseas employment. It has been through labour mobility partnerships with considered appropriate that the countries with which India shares strong Emigration Act and the Emigration Rules economic and trade relations and need to be comprehensively overhauled constitute focus countries in our strategy. to convert them into effective Bilateral social security agreements are instruments for facilitating legal also being pursued with several migration, preventing irregular migration countries to protect the social security and empowering emigrants. interests of professionals on a reciprocal The modernization of the legislative basis and to make companies on both framework will seek to reflect the sides more competitive. objective conditions of International migration as it obtains in the world today The recruitment experience since and will seek to address some of the key the enactment of the Emigration Act in questions that countries of origin and 1983 has shown severe shortcomings. destination are grappling with. The effort It is now proposed to revamp the will be based on the following principles: recruitment system to make it more professional and accountable. This will 1. The law should facilitate overseas entail setting statutory compliance employment of workers. standards, service delivery standards, 2. The emigration process should be performance audit of recruiters and an simple and transparent. annual rating exercise. All these 3. The law should lay down the roles and responsibilities of key measures are expected to be in place in stakeholders in emigration the ensuing financial year. To give an 4. The law should set appropriate empirical basis to policy making and to performance standards for each advise the Government on overseas stakeholder. employment matters and to develop 5. The law should create an alternative strategies and good practices in and more effective paradigm for migration management through protection and welfare of emigrants. appropriate research and studies, the 6. The law should prescribe adequate Ministry has recently established the penalties to effectively curb illegal Indian Council of Overseas recruitments, irregular migration Employment. and human smuggling. 17 ANNUAL REPORT 2009-2010

The Ministry has done away with the interlinking with recruiting agents, requirement of “ECR Suspension” to employers, immigration counters, Indian enable ECR passport holders to travel missions abroad, insurance companies on visit visa without obtaining any and state governments etc and clearance from the POE. This has integration of labour market information eliminated a major avenue for rent with policy decisions through appropriate seeking and harassment in the system. MIS. The project would develop integrated modules on recruiting agent The Ministry has also liberalized the system, emigration clearance system, emigration system by restricting the immigration control system, complaint application of the emigration process management system, RA rating system only to those possessing educational and the contract attestation system. qualification below Class-X (ECR Smart cards would be issued to the passport) and those going for work to emigrants under the project after only 17 countries (ECR countries). All examining all pros and cons to ensure other 175 countries have been notified that the benefits are commensurate with as ECNR countries. the cost to the emigrant. V. E- GOVERNANCE IN The National Institute of Smart EMIGRATION Governance (NISG) has been appointed The Ministry is implementing a as the consultants. The project is comprehensive e-governance project on expected to be completed by 2011. migration. The ultimate benefit of the project would be greater convenience, VI. BILATERAL LABOUR effective protection and better welfare of COOPERATION the emigrant. The subsidiary benefits India had signed labour agreements would include greater levels of efficiency, with Jordan and Qatar in 1980s. transparency and accountability in the However, no further progress was made functioning of the offices of the Protector in this direction for many years. The General of Emigrants (PGE) and the Ministry, after its creation in 2004, has Protectors of Emigrants (POE), real-time therefore made concerted efforts to updation and quick access to reliable enter into bilateral Memoranda of emigrant data, management information Understanding (MoU) with all the major system to support decision making, destination countries to enlist the computerized management of recruiting commitment of the host governments to agent system, performance rating of ensure better protection and welfare of protectors of emigrants, recruiting Indian emigrants. The MoU with the UAE agents & employers, effective monitoring was signed in December, 2006; with of emigration offences, interlinking of Kuwait in April 2007; with Oman in stakeholders and online validation of November 2008, with Malaysia in information across stakeholders. The January 2009 and with Baharain in June project is expected to mitigate individual 2009.. An Additional Protocol to the discretion, harassment of emigrants and existing Labour Agreement between corruption. It would also provide useful India and Qatar was signed on 20th tools and data for policy functions, November, 2007. The following broad periodical publications and grievance principles have been built into these redressal. MoUs: The project involves full automation (i) Declaration of mutual intent to of POE offices & PGE office, phased enhance employment opportunities 18 MINISTRY OFOVERSEAS INDIAN AFFAIRS

and for bilateral cooperation in on 13-14th Jan.,2010 in a very cordial protection and welfare of workers. atmosphere. (ii) The host Country to take measures for protection and welfare of the VII. LABOUR MOBILITY workers in organized sector. PARTNERSHIPS (iii) Statement of the broad procedure India’s strength in terms of that the foreign employer shall availability of young and highly skilled follow to recruit Indian workers. workforce is widely acknowledged. This (iv). The recruitment and terms of strength can be leveraged by countries employment to be in conformity of of destination to meet their labour and the laws of both the Countries. skill shortages. Labour mobility is the (iv) A Joint Working Group (JWG) to be only long term solution for sustaining constituted to ensure global growth rates in the face of factors implementation of the MoU and to like demographic asymmetry and meet regularly to find solutions to globalization of economies. A Labour bilateral labour problems. Mobility Partnership can lay down an effective framework for bilateral MOUs have been proposed with cooperation for maximizing benefits from Yemen and Libya too. Efforts are labour mobility and minimizing its risks. underway to explore the possibility of a It can also effectively address the similar MoU with Saudi Arabia. concerns of the countries of destination such as irregular migration and Regular meetings of JWG are integration problems. It provides an important for resolving bilateral labour opportunity to both partners to jointly issues arising from time to time and also develop and implement good practices monitoring the implementation of the in labour migration. MOU. The JWG serves as a platform to deal with issues such as model contract, It is important to position minimum wages, documentation international labour mobility as a win-win requirements, labour dispute redressal, for the countries of origin, the countries retention of passports, substitution of of destination and the migrant workers. contracts, dealing with recalcitrant It is in this context that the Ministry of employers, practical solutions to Overseas Indian Affairs is taking steps problems of exploitation and abuse of to build labour mobility partnerships with workers, regulation of intermediaries, key countries of destination in the sharing of experience in manpower European Union. A labour mobility deployment, exchange of information on partnership has been signed with legislative and administrative measures Denmark. The Ministry has initiated the and exchange of labour market process for negotiating labour mobility information etc. One of the success agreements with Poland, Czech stories of the JWG has been the Republic, Norway, Switzerland and resolution of the work contract format Hungary, Sweden and France. problem with Kuwait. Similarly, a model labour contract is being finalized by the Since India and the EU countries Indo- Malaysia JWG. The first round of have complementary needs, the JWG meetings has been held with all proposed Labour Mobility Partnerships the countries with which Labour MOUs will immensely help both sides. It will also have been signed. This has been provide a model that could be replicated followed by 2nd round of JWG in Kuwait elsewhere. The social security

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agreements that the Ministry is pursuing percentage of income subject to a with the EU countries provide excellent maximum lumpsum limit. All expatriate support to the Labour Mobility workers are also required to pay social Partnerships by protecting the workers security tax as per the law of that country. against dual contribution for social India has similar mandatory social security and loss of contributions. In fact, security coverage for all establishments the two agreements together would pave that employ more than 20 employees the way for a lasting and mutually (proposed to be reduced to 10 rewarding relationship between India employees soon). All employers and and the EU Member States in the arena employees in such establishments or of international labour migration. Since any of the establishments notified as one India is fast emerging as a country of amongst the list of 187 types of destination also on account of its rapid establishments under the Employees economic growth and investment from Provident Fund Act 1952 are required overseas, the Labour Mobility to mandatorily contribute (in a prescribed Partnership would greatly benefit the EU ratio) towards social security. nationals in the times to come. The Ministry is also exploring the possibility Professionals are mostly posted of an Indo-EU LMP as well. (detached) to destination countries by their employers. While they continue to VIII.BILATERAL SOCIAL make social security contribution in the SECURITY AGREEMENTS home country as per the local law, they Most countries have an umbrella are compelled to pay social security tax social security system mandated by law. in the host country too, leading to double It is funded through a mandatory social contribution. Expatriate workers security tax collected from all workers (whether detached or otherwise) often and their employers (in a prescribed do not get any benefit from the social ratio). The system provides multiple security contribution paid abroad on their benefits like old age pension, disability return home on completion of the term insurance, health insurance and of contract because most countries do unemployment insurance. Typically the not allow export of social security contribution is in the form of a fixed benefits. Often the host countries have a minimum contribution period under their law and so the worker does not qualify to receive social security benefits if he stays and pays in the host country for a lesser period, thereby losing the entire contribution. Another disadvantage is that due to the high rate of social security tax, double taxation erodes the competitive edge of companies on both sides. Bilateral social security agreements (SSA) can, on a reciprocal basis, protect the interests of such workers by exempting the posted workers from social security contribution under the host country legislation for a certain

20 MINISTRY OFOVERSEAS INDIAN AFFAIRS period of time (provided the worker 5. Corporates in both countries will continues to pay his contribution under become more competitive since the home country system during the avoidance of double payment of period of detachment) and by providing social security substantially reduces for portability of pension in case of those costs. who have to contribute under the host country legislation. In order to prevent Similar agreements have been loss of contribution on account of the finalized with Norway, Canada and the minimum contribution period, the SSAs Republic of Korea, and are expected to provide for totalization of contribution be signed shortly. Negotiations are in periods covered under the two progress with Bulgaria, Austria, Cyprus, legislations. Such agreements also Finland, Greece, Italy and Australia. Two make companies of both contracting rounds of exploratory talks have been States more competitive since held with the USA. exemption from social security IX. INDIAN COUNCIL OF contribution in respect of their OVERSEAS EMPLOYMENT employees substantially reduces costs. In a rapidly globalizing world Ministry of Overseas Indian Affairs characterized by competition amongst has signed bilateral social security the labour sending countries for agreements with Belgium, France, optimizing benefits from international Germany, Switzerland, Luxembourg, labour migration, there is a need to bring Netherlands, Hungary and Denmark. a strategic dimension to the process of These agreements provide for the emigration of Indians in search of following benefits to professionals, employment and to forge partnerships skilled workers and corporates on that will best serve India as a supplier of reciprocal basis: skilled and trained manpower and meet 1. Those posted for upto sixty months the expectations of the Overseas Indian will be exempted from social Workers (OIW) as a significant security contributions under the constituency across the world. host country law provided they In order to make Indian workers continue to make social security globally competitive there was an urgent payments in the home country. need for a proactive national body to lead 2. Those who contribute under the the following key interventions: host country law will be entitled to the export of the social security (i) Commission studies on the benefits should they relocate to the International labour markets and home country or a third country on identify emerging overseas completion of their contract or on employment opportunities for the retirement. Indian youth. 3. These benefits will also be available (ii) Positioning of potential Overseas to workers posted by an employer Indian Workers as “consumers” of of the home country to the host employment services provided by country from a third country. the private recruitment industry. 4. Periods of employment in both the (iii) Projecting India as a supplier of countries will be totalized in order skilled, trained and qualified to determine the eligibility for workers. pension. (iv) Adapting training material

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developed by ILO/IOM for specific problems faced by the emigrant States/country and gender. Indian workers in India and abroad, benchmark the best practices of The Ministry has therefore other labour sending countries and established the “Indian Council of recommend policy initiatives/ Overseas Employment”, as a Society strategies. under the Societies Registration Act of 1860. The Council is a two-tier body The Council is functioning at ‘arms- comprising a Governing Council and an length’ from Government and have the Executive Directorate. The Governing autonomy and flexibility to build strong Council is headed by Secretary, MOIA public-private partnerships, engage and comprises experts, state proactively in capacity building across Government nominees and central stake-holders and best implement well government nominees. It provides the calibrated strategies for better market broad policy framework for the access for Indian workers to benefit from programmes and activities of the Council overseas employment opportunities in in consonance with its objectives. The the medium to long-term. day-to-day management of the Council is vested in the Executive Directorate. The Council has signed MOU with The Executive Director is the Chief European University Institute regarding Executive Officer of the Council. research on migration of labour between EU and India, MOU with Helenic The Council will perform the Migration Policy Institute, Athens. India following broad functions: EU Scientific Group on Migration Policy formed. Two meetings had already been (i) Build and maintain a database on held in Florence and Bangalore. ICOE emerging country/sector specific had also launched a scheme of research employment opportunities abroad. Internship Programme with JNU and (ii) Identify labour supply gaps in Bangalore University. overseas labour markets and the skill sets required by Indian workers X. ASIA-EU PROJECT to fill those gaps. The Ministry of Overseas Indian (iii) Initiate programs for skill Affairs (MOIA) and the International development and skill upgradation Organization for Migration (IOM) signed in consultation with professional an MOU in July 2007 for implementation bodies and the private sector and of the project called “Regional Dialogue promote employment opportunities and Program on Facilitating Managed abroad. and Legal Migration between Asia and (iv) Initiate pre-departure orientation the European Union (EU)”. The project programs for various categories of has been successfully completed in workers. December 2008. (v) Coordinate with other employment promotion agencies, including the The project was sponsored by the state manpower development European Union (EU) and was aimed at corporations, project manpower facilitating development of legal suppliers and foreign employers. migration, enhancing regional (vi) Initiate and support the study, cooperation on legal migration monitoring and analysis of the management, reducing irregular trends and dynamics of migration, enhancing placement international labour market, capacity amongst recruiting agencies 22 MINISTRY OFOVERSEAS INDIAN AFFAIRS and dissemination of information relating majority of these workers are temporary to employment opportunities and migrants and 90 percent of them work procedures to intending emigrants. in the Gulf. The framework for their Specific activities would be undertaken protection and welfare needs to be under the project to enhance the institutionalised with emphasis on capacity of MOIA to assess and respond delivery of innovative, financially to the manpower needs in the EU, to sustainable social security and support enhance cooperation between India and services to the vulnerable emigrant the EU countries in the field of migration workers and those in distress. Overseas management and to educate potential Indian workers face a number of risks. migrants about the opportunities in the The nature of risks include high costs of EU, the migration procedures at both migration, non/delayed/under payment ends and the risks involved in deviating of salaries, poor living and working from these procedures. conditions, physical abuse, fraudulent recruitment practices, difficulties in The project has resulted in capacity resettlement on return, financial augmentation in India for administering insecurity, and vulnerability against overseas employment programs to emergencies. benefit from the emerging employment opportunities in the EU countries. At These risks can best be mitigated present most skilled and semi-skilled through the institutional mechanism of workers from India migrate to the Gulf an ‘Indian Community Welfare Fund’ that countries and it is important to diversify can, on a sustainable basis, support on- the migration process to regions where site, off-site and social security services major employment opportunities are for overseas Indian workers. Such likely to arise in the years to come. The services are currently adhoc and project helped MOIA in terms of sporadic, with the expenditure met on developing key competencies for an unfunded ‘pay as you go’ basis with designing and administering planned resources mobilized through community overseas employment programs to support. Overseas workers often face respond to the international labour difficult living and working conditions. market needs, which will immensely Instances of workers exploited by the benefit Indian workers in times to come. foreign employer or by unscrupulous An important outcome of the project was intermediaries are often reported. the setting up of the Migrant Resource Similarly there are cases of runaway Centres (MRCs) at Cochin and house maids in need of assistance by Hyderabad to serve as a single point way of shelter, food and medical facilities contact and counseling centre for till the time of their repatriation. Apart potential migrants. The Cochin MRC from this the missions sometimes have now serves as the model for establishing to meet expenditure on the repatriation similar MRC’s in other parts of the of the mortal remains of deceased country. workers. XI. WELFARE FUNDS In view of this, the Ministry has now Overseas Indian Workers are set up the “Indian Community Welfare estimated at over 5 million, with a net Fund (ICWF)” at the disposal of the outflow of about a million each year, Indian missions in all the ECR countries excluding returnees. A significant to meet contingency expenditure number of them are women. The vast incurred by the Indian Missions for

23 ANNUAL REPORT 2009-2010

carrying out the activities related to To overcome this difficulty the welfare of Overseas Indian Citizens’. Ministry of Overseas Indian Affairs Under this scheme the Ministry of launched an Overseas Workers’ Overseas Indian Affairs will provide Resource Centre (OWRC) to provide funding support to the Indian Missions information and assistance to intending in all the 17 Emigration Clearance emigrants and the family members of Required (ECR) Countries for the overseas workers relating to all aspects welfare of the workers in distress in the of overseas employment. The OWRC host countries. was inaugurated by the Prime Minister of India during the 6th Pravasi Bharatiya The ICWF will provide the following Divas in New Delhi in January 2008. The services to emigrants on a means tested OWRC is operating with a 24/7 toll free basis: helpline (1800 11 3090) to provide need (i) Boarding and lodging for distressed based information to emigrants and their overseas Indians in Household/ families. The workers can also access domestic sectors and unskilled the helpline from anywhere in the world workers; at 91-11-40503090. With a view to (ii) Expenditure on incidental to and extend the services to support the Indian Airlifting of mortal remains to India emigrants an international toll free line or local cremation/burial of the (8 000 911 913) has been established deceased overseas Indian in such which is currently available for calls from cases where a sponsor is unable UAE only. The complaints or grievances or unwilling to do so as per the received on the toll free helpline are contract and the family is unable to promptly attended to and feed back meet the cost; provided to the complainant. The (iii) Extending emergency medical care helpline numbers are disseminated as to the overseas Indians in need; a part of the multimedia awareness (iv) Providing air passage to stranded campaign organised by the Ministry. overseas Indians in need; The Ministry has also set up a (v) Providing initial legal assistance to Migrant Resource Centre (MRC) at the overseas Indians in deserving Kochi in Kerala and Hyderabad in cases. Andhra Pradesh. The MRC performs XII. INFORMATION functions similar to that of OWRC. The DISSEMINATION ON LEGAL Ministry intends to replicate the MRC model in other states as well. The MIGRATION Ministry regularly carries out multi-media One of the problems faced by the awareness campaigns for educating the intending emigrants is difficulty in emigrants about emigration procedures, accessing authentic and timely the pitfalls of illegal emigration and the information relating to overseas precautions to be taken during employment, recruiting agencies and recruitment and overseas employment. emigration procedures etc. Non availability of such information makes The OWRC centre also trained the the emigrants dependent on personnels from different MRC’s to make intermediaries and vulnerable for them understand and learn the exploitation. The ignorance of the functioning of the Call Flow System intending emigrants is exploited by which helped the emigrants to utilize unscrupulous intermediaries. knowledge in the best possible manner.

24 MINISTRY OFOVERSEAS INDIAN AFFAIRS

The OWRC team also participated XIV.CONSULTATION MEETING in a conference held by the International WITH STATE GOVERNMENTS Organisation of Migration (IOM), with a An important initiative of the Ministry view to focus on building up a was organizing a two-day Consultation relationship between the MRCs and Meeting with the State Governments at OWRC with an aim to provide efficient New Delhi on 8th - 9th Sept., 2009 to services to the emigrants. discuss issues various relating to overseas Indians. Besides During the year 2009 a total of 6513 representatives of 15 State calls were answered. The average Call Governments, the meeting was attended Completion Ratio was 95%. The by the representatives of Ministries of complaints mainly accounted for those External Affairs, Labour and Home against the recruiting agents for not Affairs. The major recommendations that giving promised Job & impounding were made include: passport & Visa. The enquiries mainly centered around authenticity of the (i) All the States should establish an recruiting agent, foreign employer, effective grievance redressal procedure to go abroad, authenticity of mechanism to deal with grievances VISA, passport etc. / complaints of Overseas Indian Workers / Non Resident Indians on XIII.PARTNERING WITH THE all matters including property JAWAHARLAL NEHRU disputes, etc. This effort must UNIVERSITY (JNU) include designating a dedicated The Ministry signed an Agreement focal point (Civil) to take primary with the Jawaharlal Nehru University responsibility for complaint handling nd (JNU) on 22 May, 2008 for setting up a and grievance redressal in a time- Research Programme on International bound manner. The focal point must Migration at the Zakir Husain Centre for be at least of the rank of Principal Educational Studies (ZHCES), School of Secretary. Social Sciences. The objective of the (ii) For effective State intervention in Research Programme is to undertake upgrading the skills of our potential focused research over a period of 5 migrant workers, it is essential to years on various aspects of International establish an empowered multi- Migration from India, and to prepare disciplinary Core Group to serve as policy / strategy briefs for the Ministry a focal point for developing and and to conduct Seminars /Conferences overseeing the training, testing and on different diaspora subjects. The major certification needs on both Pre- goals of the Research Programme will departure orientation as well as be three fold: skills for jobs abroad. Another focus • To focus on the complex links area should be to develop training between economic, social, political, modules for women workers. cultural and educational aspects of (iii) The State should also set up globalization and migration. Migrant Resource Centers (MRC) • To develop collaborative research with dedicated Help lines to with other International bodies on disseminate information, facilitate major migration themes. legal migration and for registering • To develop a Chair for focused all complaints of overseas Indians research on various aspects of for expeditious resolution. The International Migration. States will chalk out plans for 25 ANNUAL REPORT 2009-2010

establishing MRCs and furnish Home Affairs, External Affairs, details thereof to the MOIA, who in Labour & Employment, Women and turn, shall ensure all possible help. Child Development, Intelligence (iv) Each State to have at least one Bureau, Bureau of Immigration and public sector Recruitment Agency representatives of seven major and the States may avail of the labour sending States, Kerala, Tamil expertise and information as Nadu, Karnataka, Punjab, Uttar available with the ICOE. Pradesh and Rajasthan. The first (v) States should dedicate at least one Meeting of the Core Group held on page on their Websites for the 17th November, 2009 suggested an Diaspora issues. Action Plan for implementation by (vi) States who have seats in Technical the State Governments. The Action Institutions and Institutes of Higher Plan envisages the following: Studies, reserved for the NRIs and Indian Workers, should inform the • Identification of the High Risk areas MOIA the details thereof. • Carry out targeted information (vii) State Governments to inform the campaigns making people aware MOIA, in case any specific schemes about the risks of irregular migration are being undertaken by them in • Developing institutional mechanism regard to PIOs. with in the States for coordination (vii) States may partner with OIFC by and concerted efforts including a becoming its members and availing Single Point of Contact for of the services and expertise of it. coordinating with Centre as well as (viii) States may join Global INK of the line agencies with in the State on OIFC which shall be think tank issues related to irregular Migration working on need based specific • Creation of a robust information projects. gathering and investigative (ix) OIFC website can provide links to mechanism with the District level the sites of the State Governments nodal officers nominated for in regard to investment avenues combating irregular Migration available in their states for which the • Capacity Building of police officials State Governments to furnish in dealing with the cases of irregular details thereof. migration /Trafficking in person at (x) There was consensus that the State the district / sub-district level and Governments would establish imparting of periodical training requisite institutional arrangements • Creation of scientific data base on for implementing the emigration / migration at the State recommendations of the level and Migration profiling Consultation Meeting and inform • Strict enforcement of Law against the Action Taken to the Ministry of the unscrupulous Recruitment Overseas Indian Affairs. agents / Travel agents / sub-agents. (xi) To set up an Inter-Ministerial Core Group to deal with the illegal A broad template for facilitating the migration from India under the Action Plan by the State Governments Chairmanship of Secretary, MOIA. has been drawn up and circulated by the The Group has since been set up Ministry to all major labour sending with representatives of Ministries of States for further follow up Action.

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XV. ANNUAL CONFERENCE OF • Activate the Joint Working Groups THE HEADS OF MISSIONS under Labour MOUs immediately The fourth Annual Conference of and ensure their meetings by end the Heads of Indian Missions in the six of April 2010 as per the schedule GCC Countries, Jordan, Libya, Yemen, agreed during the conference. The Malaysia and the Maldives was held on issues relating to model contracts, 26th -27th November, 2009, at New Delhi. joint grievance redressal The Conference was attended by HOMs mechanism and rationalization of from eleven Missions, representatives of visa structure will be taken up in the Ministries of External Affairs, Labour these meetings apart from the other & Employment and from seven State country specific issues. Governments. The Conference • Pursue with the Governments of deliberated on a range of issues Libya, Yemen and Maldives for pertaining to the overseas Indians, commencing the negotiations on especially, those who are in the Gulf. The the proposed Labour MOUs so that important recommendations of the the MOUs are signed during 2010- Conference include following: 11. • HOM in Saudi Arabia will pursue the • Operationalize the Indian Workers matter with the Saudi Government Resource Centre (IWRC) by 1st April to organize during the first half of 2010. The Kuwait model is 2010 a bilateral meeting on labour recommended, but HOMs may issues between the authorities customize to their specific concerned on both sides. conditions. • Finalize country manuals by • Operationalize the Indian incorporating necessary changes in Community Welfare Centre (ICWF) the manual developed by the CDS, immediately as per the approved Thiruvananthapuram. HOMs will scheme. The collection of develop suitable manuals in case surcharge will not exceed the limits of countries for which CDS has not prescribed under the scheme. developed the manuals. • Implement the computerized • HOMs will take steps to encourage system of universal attestation of direct interactions by the large and employment documents as per the well established Foreign Employers module developed by the to facilitate recruitment of workers Ambassador of India, UAE as a part on a direct mode through the of the E-Governance project. Government agencies in the States • Develop intelligence and share like Kerala, Tamil Nadu, Andhra information with the PGE and the Pradesh, Karnataka, Haryana, Chief Secretaries of the concerned Rajasthan, Punjab etc. Towards this states about the criminal activities end, the HOMs will facilitate direct of the Indian intermediaries interaction with the Foreign operating from the host countries. Employers on one side and the The Chief Secretaries will ensure PGE and the State Government registration of criminal cases under recruiting agencies on the other the Indian Law and the PGE will side. follow up action and have the • A Transit Shelter will be established passports of these criminals at Mumbai by Ministry of Overseas impounded through the CPV Indian Affairs before the end of the Division of MEA. current financial year for providing 27 ANNUAL REPORT 2009-2010

temporary lodging and boarding is focus on upgrading the skill of those facility to repatriate and returnee intending to avail employment emigrants arriving at odd hours. opportunities in the international labour • A closed User Group online system market. linking the HOMs, PGE and the Secretaries concerned or the Nodal The Ministry of Overseas Indian Officers of the States will be Affairs has launched a national skill established by MOIA to respond on upgradation and pre-departure real time basis to emergencies, orientation programme. The Scheme apart from effective complaint essentially provides financial assistance management, expeditious to implementing agencies. The Scheme grievance redressal and timely is being implemented through State information exchange. Governments, Ministry of Micro, Small and Medium Enterprises, Industry XVI. SKILL UP-GRADATION AND Associations (CII and ASSOCHAM) and PRE-DEPARTURE non government institutions. Recently an ORIENTATION PROGRAMME. MOU has been signed with CII to The economies of the world are implement a pilot project on skill getting increasingly integrated in this era upgradation in the healthcare, hospitality of globalization. This is rapidly changing and construction sectors. The pilot the way in which business is conducted. project would comprise benchmarking of Production chains are being globalized. skill standards in the identified sectors Free trade agreements are being signed. at par with the international standards, Cross border trade and investments are standardized curriculum, accreditation of rapidly expending. All these factors have training providers, independent skill led to increased mobility of natural assessment, standardized certification persons across borders. However, this etc. enhanced mobility of workers pre- The Ministry has set up a Core supposes appropriate skills. The Group for the critical review of the matching of the demand for and the scheme with a view to develop an supply of skill sets that are bench marked appropriate framework for encouraging against international standards has, development of skills for intending therefore, increased. It is important that emigrants at par with international the countries of origin create the standards through the market in a necessary policy and management sustainable and commercially viable framework for development of skills that mode based on standardization, best meet the demands of the accreditation and skill recognition. The international labour market. CII Pilot Project will provide the India is known as a source of skilled appropriate learning for developing the manpower all over the world. The Indian framework. diaspora is essentially a ‘knowledge’ The Ministry will also involve the diaspora. India has a large and young ICOE and IOM in conducting studies and population. It also has a vast and robust market research to support the skill up- infrastructure for technical and gradation initiative. vocational education. These factors put together create a huge potential for XVII. INDO-UAE PILOT PROJECT demographic dividend. However, this Twenty Asian Governments had potential can only be actualized if there met in Abu Dhabi on January 21 and 22,

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2008 to participate in a “Ministerial Declaration. The three Governments, in Consultation on Overseas Employment consultation with International Labour and Contractual Labour for Countries of Organization (ILO), the Arab Labour Origin and Destination in Asia”. The Organization (ALO), and the Meeting culminated in the unanimous International Organization for Migration adoption of the Abu Dhabi Declaration (IOM) have formed a Steering which called for a collaborative approach Committee to assist in the formulation to better manage temporary labour of a draft comprehensive regional mobility and maximize its benefits for the framework based on lessons learned foreign workers and development of both from the Pilot Project. Countries of origin and destination. The success of the temporary contractual The specific objective of the Pilot employment cycle requires the project is to introduce in four Phases establishment of a holistic approach that: policies and procedures that would improve the following: • Protects workers from all forms of Phase I Ensuring fair and efficient exploitation; recruitment and pre- • Guarantees fair and safe working deployment of temporary conditions and the ability of workers contractual workers; to seek redressal of their legitimate grievances; Phase II Treating workers with • Prepares workers for their return to dignity during their their home Country after they fulfill employment and the terms of their contract; residency in the labour • Helps workers reintegrate destination Countries; successfully in their home Phase III Preparation of temporary communities. contractual workers for To attain these goals, the Abu Dhabi their return to their Declaration called for the launching of a Country of origin; series of partnerships for development Phase IV Successful reintegration with the aim of increasing the benefits of temporary contractual of temporary contractual labour to workers in their workers, employers, economics and respective home societies of the labour origin and labour communities. destination Countries. Subsequently, the Governments of India, Philippines, and The Pilot Project focuses on three United Arab Emirates have launched a specific sectors, viz., Construction, Pilot Project on Temporary Labour Health care and Hospitality. The Project Mobility Partnership to test and identify Management Team based in the United the best practices in the administration Arab Emirates oversees the of contractual employment cycle. The implementation of the Pilot Project in partners envisage that the lessons India which is under the charge of a learned from the Pilot Project would form Country Coordinator. The Project the basis for the development of a draft Management Team will identify workers comprehensive regional multilateral in Construction, Health Care and framework for the larger group of Asian Hospitality Sectors and oversee their Countries of origin and destination that recruitment and employment in the four participated in the Abu Dhabi phases.

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XVIII 8th ASEM CONFERENCE OF percent of the migrant Indian workers DIRECTOR GENERALS OF are blue collar workers while 20 percent IMMIGRATION OF ASIA-EU are white collar and 10 percent are STATES. professionals. Most of the Indian workers The Ministry organized 8th work in industries, construction and Conference of the Director General of household sectors. During 2008, about the Asia_European Union States 1st and 31,924 workers emigrated to Bahrain on 2nd Dec. 2009 in Goa. It was attended ECR passports after obtaining by the 45 states including the emigration clearance from the Protectors representatives of the European Union of Emigrants. and the IOM. There were two sessions 2. With a view to lay down a followed bu separate group discussions framework for bilateral co-operation of the ASIA and European Union for the promotion of employment countries separately; The following and for the protection and welfare decisions were taken: of our workers, Ministry of Overseas • It focused on curbing illegal Indian Affairs has entered into a migration. Memorandum of Understanding • There should be mutual Co- (MoU) with the Government of operation in filling the supply and Bahrain. Demand Gaps. 3. The salient features of the MoU on Labour and Manpower Development between the two Countries are:

(i) Facilitation of employment of workers between the two countries; (ii) Broad procedure for employment of workers; (iii) Responsibilities of the employers and workers; (iv) Bilateral co-operation to facilitate the mobilization and recruitment of manpower and exchange of expertise, knowledge and experience in job creation and generation of employment opportunity; XIX SIGNING OF THE MOU WITH (v) Protection and welfare of all BAHRAIN categories of workers under Bahrain is an important destination the labour laws and other Country for Indian workers. There are relevant laws of the host an estimated 3.5 lakh expatriate Indians country; in Bahrain, out of a total population of (vi) Authentication of the work 5.10 lakhs expatriates in the Country. 70 contract between Employer

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and the employee by the Understanding and take Ministry of Labour of the such further action as Kingdom of Bahrain. may be found necessary; (vii) Constitution of a Joint (c) to interpret the provisions Committee to implement the of the Memorandum of MoU in general and to perform Understanding in case of the following functions in any dispute in this regard particular: and to settle the (a) to review employment difficulties that might opportunities and arise in the availability of implementation. corresponding skills in (d) to propose review or both countries; amendment of any of the (b) to co-ordinate between Articles of this the two States in the Memorandum of implementation of this Understanding whenever Memorandum of necessary.

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PROTECTOR GENERAL OF EMIGRANTS

I. OPERATIONS: Procedural safeguards have been The operational matters relating to provided under the law for protection of emigration, the provision of emigration emigrants. The Act regulates recruitment services to emigrants and the for overseas employment and departure enforcement of Emigration Act, 1983 are of the intending emigrants from India. It under the Protector General of provides for penalties against offences. Emigrants (PGE). The PGE is the Section 16 of the Emigration Act, statutory authority under the Emigration 1983 provides that recruitment for Act responsible for the welfare and overseas employment can be done protection of emigrant workers. He also either by a recruiting agent by obtaining oversees the eight field offices of the a Registration Certificate from the Protectors of Emigrants, listed in Registering authority or by an employer Annexure D. directly by obtaining a Permit from the The Emigration Act, 1983, which competent Authority. The Protector came into effect from 30th December, General of Emigrants (PGE) has been 1983 embodies the guidelines empowered by the Central Government enunciated by the Supreme Court of to also function as the Registering Indian in its judgment and order dated Authority to regulate the recruitment 20.03.1979 (Kanga Vs. Union of Indian through recruiting agents and as & Others) and provides a regulatory Competent Authority to regulate direct framework in respect of emigration of recruitment by employers. The recruiting Indian workers for overseas employment agents are required to obtain the and seeks to safeguard their interests Demand Letter, Power of Attorney and and ensure their protection and welfare. Specimen Employment Contract (all in The Act provides for: original) from the foreign employers in order to recruit workers and obtain 1. Duties of Protectors of Emigrants – emigration clearance for their departure. Sections 3 and 4. The specimen employment contract lays 2. Regulation of Recruiting Agents – down the basic terms and conditions of Sections 9-14. employment including salary, 3. Direct recruitment by employers – accommodation, medical cover, Sections 15-21. transport, etc. In case of vulnerable 4. Mandatory emigration clearance – categories of workers, i.e. unskilled Sections 22. labour and women emigrants the 5. Emigration offences and penalties employment documents are required to – sections 24-26. be attested by the Indian mission 6. Power to exempt certain countries concerned. or employers – Section 41.

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Section 22 of the Emigration Act, the Middle East, including Gulf countries, 1983, provides that no citizen of India are semi-skilled and unskilled workers shall emigrate for any work falling under and most of them are temporary section 2(1)(o), unless he obtains migrants who return to India after expiry emigration clearance from the Protector of their contractual employment. There of Emigrants. However, thirteen had been a consistent and steady categories of persons have been increase in the number of persons exempted from this requirement emigrating for employment abroad from (Annexure B). Such persons are entitled the year 2004 onwards till 2008. The to the ‘Emigration Check Not Required’ year 2009 has however registered a passport (also called ECNR passport). downtrend in the number of emigrants Broadly, any person who has passed by about 28% as compared to the class X is entitled to an ECNR passport. previous year i.e. 2008. The number of An ECNR passport holder does not need emigration clearances granted by the any emigration clearance for going to eight offices of the Protector of “any” country. Further, even those Emigrants was 8.49 lakhs in 2008 and holding ECR passport (bearing ECR in the year 2009 the figure was 6.10 stamp) are exempted from emigration lakhs. KSA is the main destination for check formalities while going to 175 Indian workers followed by UAE Outside countries, which are termed as ECNR the gulf region, the intake of Indian countries (Annexure C). There are only manpower by Malaysia has shown a 17 ECR countries (including Iraq to significant and consistent increase till which emigration has been banned) for 2005. There is considerable decline which emigration check is required (only noticed since 2006. Employment for by ECR passport holders). Insurance of Indian workers in these countries holds the intending emigrant under the Pravasi a great potential. The number of workers Bharatiya Bima Yojna (PBBY) is who were given emigration clearance for compulsory for emigration clearance. contractual employment abroad during the last five years and data on II. TRENDS IN EMIGRATION distribution of labour outflows is detailed There are about five million in Tables A, B and C. overseas Indian workers all over the world. More than 90% of these workers III. REMITTANCES are in the Gulf countries and Southeast The employment of Indian workers Asia. During 2009 about 6.10 lakh abroad helps to earn foreign exchange workers emigrated from India with and thereby adds to the foreign emigration clearance. Out of this, about exchange reserves of the country. The 1.30 lakh workers went to UAE, about private transfer of foreign exchange from 2.81 lakh to Saudi Arabia, about 46,000 the year 2001-2002 onwards is given in to Qatar and about 11,000 to Malaysia. Table – D. It may be observed that there Uttar Pradesh, Kerala, Tamil Nadu and has been a steady increase in the Andhra Pradesh were the leading remittances from US$ 15.8 billion in sourcing states. 2001-2002 to US$ 46.9 billion in 2008- 09. It is assessed that a significant Major outflow of emigrant workers proportion of this is contributed by the in the last few years from India has been increasing number of unskilled and to the Gulf countries where about four semi-skilled Indian workers employed in million workers are estimated to be the Gulf countries and Malaysia. employed. A vast majority of migrants to

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IV. REGISTRATION OF also become a burden on our Missions. RECRUITING AGENTS In such instances, the Protector General The Emigration Act, 1983 of Emigrants (PGE) steps in and asks (Section 10) requires that those who the concerned Recruiting Agent (RA) to wish to recruit Indian citizens for get the workers repatriated on his employment abroad for categories of expense. If the RA fails to do, action is work specified under Section 2(i)(0) shall taken to suspend/cancel his registration register themselves with the registering and forfeit his Bank Guarantee to pay authority, i.e., the Protector General of for the repatriation expenses. Emigrants (PGE). The fee prescribed Complaints against Recruiting (Rule 7) for registration is Rs.25,000/-. Agents are enquired into with the help Initially, the Registration Certificate (RC) of POEs and the concerned Indian is valid for a period of ten years. Missions. Complaints against un- The form for applying for registered agents are referred to the registration as recruiting agent may be concerned Police authorities for obtained, free of charge, from the Office investigation and action under the law of the Protector-General of Emigrants of the land. and may also be downloaded from the All State Governments and UT website www.moia.gov.in. The Administrations have been advised to applicant is required to deposit Bank instruct all Police Stations to keep a strict Guarantee of thirteen years’ validity for vigil on the activities of unscrupulous an amount of rupees twenty lakh. agents. Complaints against foreign The registration of Recruiting employers are taken up with the Indian Agents under the Emigration Act, 1983, Missions and if need be the employer is commenced from January, 1984, and as blacklisted. on 31-12-2009, there are 2057 recruiting During 2009 registration certificates agents. This figure includes nine State of 19 recruiting agents were cancelled. Manpower Export Corporations As on 31.12.2009, 385 foreign established in the States of Uttar employers were on the blacklist. During Pradesh, Andhra Pradesh, Kerala, 2009 we received 114 complaints. Punjab, Tamil Nadu, Karnataka, Prosecution sanctions were issued in 12 Himachal Pradesh, Haryana and Delhi. cases in 2009 based on police report. Major concentration of Recruiting Agents is at Mumbai, Delhi, Chennai and Kerala. VI. SIMPLIFICATION OF V. ENFORCEMENT AND PROCEDURES • Number of ECR countries have GRIEVANCE REDRESSAL been reduced to 18 from earlier 153 Complaints are received about countries with effect from exploitation of overseas Indian workers. December, 2006. The number has Such complaints often pertain to non- further reduced to 17 w.e.f payment/ delayed payment of wages, 12.8.2008. unilateral changes in the contract of • Earlier powers for bulk permission workers, changing the jobs arbitrarily etc. to POEs were very limited. This was In extreme cases, the workers are not liberalized in May, 2007. Now the given any employment at all and are left DS level POEs in Delhi, Mumbai in the lurch in the foreign country. Such and Chennai have been delegated workers, besides suffering untold misery, full powers without any limit for 34 MINISTRY OFOVERSEAS INDIAN AFFAIRS

granting permission, the US level are most vulnerable category. Therefore, POEs in Hyderabad and to avoid their exploitation, the Ministry Trivandrum have been delegated has taken some of the following powers upto 500 workers measures. permissions and Section Officer level POEs in Chandigarh, Kolkata (a) the age restriction of 30 years has and Cochin entrusted powers upto been made mandatory in respect of 300 workers. all women emigrants emigrating on • Emigration Clearance Books (EC ECR passports to ECR countries Books) are issued to the recruiting irrespective of the nature/category agents through the Offices of the of employment; Protector of Emigrants from (b) FE should deposit a security deposit January, 2008. of $2500 if he recruits the worker • Applications for opening of Branch directly. office, change/shifting of office, (c) Embassy attestation has been change of Managing Director/ made mandatory in respect of all Managing Partner, under the women and unskilled category Emigration Act are submitted by the workers in respect of all ECR recruiting agents to the respective countries; office of the POE with complete (d) Under the Emigration (Amendment) documents/information from Rules, the recruiting agents have January, 2008. been entrusted with specific duties • The existing Emigration Rules 1983 and responsibilities with a view to has been amended through the safeguard the interest of the Emigration (Amendment) Rules, emigrant worker. They will also have 2009 which have come into force to maintain certain basic facilities. w.e.f. 09.07.2009. (e) Specific duties of the foreign VII. PROTECTION AND WELFARE employers have been laid down OF EMIGRANTS under the Rules with a view to Of all the emigrant workers, the safeguard the interests of the housemaids and other unskilled workers emigrants.

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FINANCIAL SERVICES

I. INVESTING IN INDIA The Indian Diaspora spans the Overseas Indians worldwide who globe and stretches across all oceans are our brand ambassadors produce an and continents. It is so widespread that economic output of about $ 400 billion. the sun never sets on the Indian The Indian Diaspora of 30 million is Diaspora1. Estimated at over 30 million, estimated to generate an annual income India has the world’s second largest equal to about 30 percent of India’s diaspora next to China, characterized as Gross Domestic Product. From an far more diverse when compared to the economic perspective, though, they are Chinese counterparts. focused on remaining as savers rather Non-Resident Indians (NRI) and than becoming investors. It is interesting, People of Indian Origin (PIO) have though, that so far the overseas Indians transferred knowledge and expertise, have either put their money in added to India’s foreign exchange remittances back home or in NRE reserves and recently have mediated the deposits. It is clear that so far, overseas massive entrepreneurial energy that has Indians have been looking at India from led to the rise of India’s Information a short-term horizon of 3-5 years. That Technology (IT) and IT Enabled Services is why, while India is the highest recipient (ITES) sectors. of remittances in the world – USD 50 billion last year – the share of overseas With remittance flows estimated at Indians in Foreign Direct Investment has around US $ 46.9 billion and NRI been far short of its potential. India’s deposits worth $ 513 million, the Indian growth story so far has been driven Diaspora has always played an primarily by the energy and enterprise important role in adding India’s national of domestic companies. The role of the income and wealth, thereby being Indian Diaspora in India’s economic actively involved in the country’s growth has been much less than what it development and strategic decision is capable of. The overseas Indian making. The Government has realized their significance, and is now moving perspective on investing in India should ahead in the direction to tap productive now transform to converge with the investments from the overseas Indians dominant mode of investing that other in order to engage them as long-term foreigners have adopted. That is to partners in India’s growth process. invest on a longer-term basis and in the new investment opportunities arising. The role of the Indian Diaspora in Conversely, industry and business in India’s economic growth shows promise India must offer new products and and needs to be nurtured. The Overseas projects to potential overseas Indian Indian Facilitation Centre established by investors. the Ministry in partnership with the

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Confederation of Indian Industry business partnership, by giving provides the institutional basis for this authentic and real time information engagement. As a not for profit trust  Function as clearinghouse for all promoted by the government but investment related information. This managed by the private sector, the would be done by processing OIFC, combines the best of both the information on a real time basis worlds. While government’s presence at through ICT platform arm’s length brings in credibility, the  Establish and maintain a Diaspora enterprise of the private sector partner Knowledge Network (DKN) by invests it with the flexibility and nimble creating a database of Overseas footedness to respond to the needs of Indians, who would act as the overseas Indian investor on a real knowledge Diaspora and whose time basis. knowledge resources could be using ICT platform The focus of the financial services  Assist States in India to project division is on; investment opportunities to • Facilitating ease of doing business overseas Indians in the in India without adding transaction infrastructure and social sectors. costs. The objectives of the OIFC will be • Enabling the overseas Indian to bring the Indian States, Indian investor to benefit from the Business and potential Overseas opportunities in India by facilitating Investors on the same platform and appropriate advisory and hand to facilitate the investors to identify holding services through market the investment opportunities  driven knowledge partners. Provide a host of advisory services • Catalysing sustainable B-to-B to PIO and NRIs. These could partnerships between Indian and include matters such as consular overseas Indian businesses. questions, stay in India, investment • Enabling value addition to the and financial issues etc. investible knowledge, skills and During PBD-2010 held at New expertise of overseas Indians. Delhi, Prime Minister inaugurated an II. OVERSEAS INDIAN online portal developed by OIFC. The FACILITATION CENTRE (OIFC) electronic portal comprise of series of online platforms such as an end-to-end Ministry of Overseas Indian Affairs information portal for updated has set up an Overseas Indian information on sector and state specific Facilitation Center (OIFC) as a not-for- investment opportunities and profit-trust, in partnership with forthcoming events to invite diaspora’s Confederation of Indian Industry (CII). participation, a comprehensive The Center will be a ‘one stop shop’ for networking platform for communication serving the interests of the Overseas and group formation needs to foster Indian community and has the mandate collaborations, an online business to cover two broad areas viz: Investment directory of verified Indian and diaspora Facilitation and Knowledge Networking. businesses, a customized query and The objectives of the Centers are: solutions platform and an investment tool-kit to ease the process of investing  Promote Overseas Indian into India. OIFC also organized a market investment into India and facilitate place at New Delhi during PBD-2010.

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One to one meetings were held with the credible non-government and non-profit prospective investors at the Market voluntary organisations working in the place. The OIFC can be reached at Social Sector in India. www.oifc.in. The broad objectives of the Trust III. INDIA DEVELOPMENT will be to: FOUNDATION OF OVERSEAS 1. Lead overseas Indian philanthropy INDIANS into India, facilitate partnerships India Development Foundation of through single window facilitation Overseas Indians is a not-for-profit trust and by building public private registered by the Ministry of Overseas partnerships. Indian Affairs, Government of India to 2. Establish and maintain a ‘Social provide a credible window for Overseas Capital and Philanthropy Network” Indian Philanthropy in India’s Social in India that can provide a list of development. The objective of the credible institutions, projects and foundation is to facilitate philanthropic programmes. activities by Overseas Indians including 3. Function as a clearinghouse for all through innovative projects and philanthropy related information. instruments such as micro credit for rural 3. Partner with states in India and entrepreneurs, self help groups for encourage credible Indian economic empowerment of women, best philanthropic organizations to practice interventions in primary project social development education and technology interventions opportunities to overseas Indians in in rural health care delivery. the sectors that best match national The foundation is at ‘arms length’ priorities including empowerment of from Government and is managed by an rural women. eminent Board of Trustees. The 3. Promote accountability and ‘good mandate of the foundation is to lead practices’ in diaspora philanthropy. Overseas Indians philanthropic capital The First meeting of the Board of into India’s Social Sector by forging Trustees of India Development partnerships between donors and Foundation of Overseas Indians was held on 4th November 2009. The Ministry is in the process of registering the India Development foundation as a non-profit organization in USA, UK, Canada, Australia, Germany and Gulf to qualify for exemption from federal income taxes. The portal for receiving online donations is also under development. IV. GLOBAL-INDIAN NETWORK OF KNOWLEDGE (GLOBAL INK) The Ministry has developed a Diaspora knowledge network called - Global Indian Network of Knowledge (Global INK), an electronic platform that will connect people of Indian Origin from 38 MINISTRY OFOVERSEAS INDIAN AFFAIRS a variety of disciplines, recognized as leaders in their respective fields, not just in their country of residence but globally as well, with knowledge users at the national and sub-national levels in India. The network is being developed by M/s Tata Consultancy Services (TCS) on behalf of the Ministry. The network will serve as a high level electronic platform to facilitate knowledge transfer from wherever it may be based without the overseas expert having to relocate. The network will serve as a strategic ‘virtual think tank’. The outcome targeted will be the germination of ideas on development, will be chaired by the Prime Minister and identification of the key elements in the renowned people of Indian Origin addressing the challenges to across the world have been selected as development and articulating and its Members. mapping out solutions through innovation and technological The functions of the Council are: interventions. (i) Serve as a platform for the Prime Global-INK will identify specific Minister to draw upon the sectors and fields of activity that will experience, knowledge and wisdom broadly correspond with the of the best Indian minds wherever development priorities set out in the they may be based; eleventh five-year plan 2007-12. The (ii) Develop an inclusive agenda for focus of the knowledge transfer two-way engagement between programme will be on social sector India and Overseas Indians; development and innovation (ideas to (iii) Consider ways and means for market) thus enabling India’s rural/urban accessing the skills and knowledge middle class youth to become of the Indian diaspora for meeting entrepreneurs as opposed to job- India’s development goals and seekers. facilitating investments by Overseas Indians into India; and The Global INK is operational since (iv) Institution and capacity building in January 1, 2010. The Global INK can be India to respond to the economic, reached at www.globalink.in. social and cultural needs of the V. PRIME MINISTER’s GLOBAL Overseas Indian community. ADVISORY COUNCIL OF The advice of the Council will be OVERSEAS INDIANS recommendatory in nature and serve as The Ministry has constituted the a valuable inputs for policy formulation Prime Minister’s Global Advisory Council and programme planning. of People of Indian Origin to draw upon the experience and knowledge of The first Council meeting on 7th eminent people of Indian origin in diverse January, 2010 chaired by Prime Minister fields from across the world. The Council was attended by eminent Overseas 39 ANNUAL REPORT 2009-2010

Indians including: Prof. Jagdish increased in the last five years. This Bhagwati, Shri. Karan F. Bilimoria, Shri number is expected to increase further Swadesh Chatterjee, Ms. Ela Gandhi, in the coming years as demand of Indian Shri Rajat K. Gupta, Lord Khalid labour is increasing. The objectives of Hameed, Dr. Renu Khator, Shri Kishore the Awareness Campaign is to create Mahbubani, Shri PNC Menon, Shri L.N. wider awareness among the General Mittal, Lord Bhiku Chotalal Parekh, Dr. Public about the Legal Immigration Sam Pitroda, Tan Sri Dato’ Ajit Singh, Process, cautions against illegal Mr. Neville Joseph Roach, Prof. practices by fraudulent recruiting Srinivasa SR Varadhan and Mr. Yusuffali Agencies and to provide information to M.A. those who are facing problems. The Members of the Council VII. PRAVASI BHARATIYA appreciated the initiative of Prime KENDRA(PBK) Minister for setting up the Council, and To commemorate the trials and providing a platform for overseas Indian tribulations, as well as the subsequent community to share their experience and evolution and achievements of the knowledge for the socio-economic diverse Indian Diaspora, the Ministry has development of India. Members were of decided to establish the Pravasi the unanimous view that India and its Bharatiya Kendra at New Delhi at an overseas community can and should estimated cost of Rs. 107 Crore. build a strong, strategic and mutually The Kendra, over a time would beneficial partnership. Members shared become the focal point for interaction – their views on various aspects such as social, cultural and economic - with and contributing to social and philanthropic between all Overseas Indians. It will also work, education and skill development, serve as a research and documentation collaborating work with the academic centre and host a permanent exhibition. and scientific community, developing institutions of excellence, facilitating The Kendra would inter-alia, investments into India, and initiatives for including have the following facilities: facilitating young overseas Indians to rediscover their roots. i) Library/Research Centre ii) Flexible capacity Meeting Rooms VI.AWARENESS-CUM- iii) Indian Cultural Centre PUBLICITY CAMPAIGN iv) State of the art Auditorium of 500 THROUGH MEDIA capacity The Ministry has launched an v) Permanent Exhibition Space Awareness-cum-Publicity Campaign on vi) Fully Serviced Guest Rooms the following three issues: vii) Full fledged Business Centre viii) Restaurant i) Problems faced by emigrant ix) Adequate basement Car Parking workers and legal emigration x) 100% Power Back-up process; ii) Problems relating to Indian The National Building Construction housemaids overseas; and Corporation (NBCC) has been appointed iii) Problem relating to NRI marriages as Consultant and Project Manager on Turn-key basis from concept to The awareness campaign has been completion i.e. planning, designing, necessitated by the fact that the outflow construction, furnishing, equipping etc. of potential Emigrants going Overseas The Kendra is expected to be completed in search of jobs has substantially by the end of 2012. 40 MINISTRY OFOVERSEAS INDIAN AFFAIRS

BUDGET AND FINANCIAL REVIEW

The Outcome Budget of the Ministry The focus of the Ministry during the for the year 2009-10 was presented to last year was on three aspects: the Parliament in June 2009. The Budget Estimate of the Ministry during 2009- (a) to contain Administrative 2010 was Rs. 80 crores and the Revised expenditure Estimate was Rs. 60 crores. The detailed (b) increase allocations for Budget allocation and Revised Programmes and Schemes to Estimates have been given in Table –E. achieve the mandate of the Ministry; The Budget Estimate for the year 2010- and 11 has been proposed at Rs.81 crores. (c) to maximize the productivity of The expenditure of the Ministry is on the Scheme expenditure through Non-plan side. The Ministry operates partnerships. The trends in the three major Heads of Expenditure as expenditure is depicted in figures A, under:- B & C. 2052 - Secretariat General Services The increase in the administrative expenditure is on account of payment 2061 - External Affairs; and 60% arrears of implementation of 6th Pay 4059 - Capital Outlay on Public commission’s recommendations. Works

41 ANNUAL REPORT 2009-2010

MANAGEMENT SERVICES DIVISION

The Management Services Division experience of these offices, extension provides support services to the Ministry of these services to other countries will and deals with matters pertaining to be considered human resource management, infrastructure and logistics support; II. VIGILANCE FRAMEWORK parliamentary matters and coordination The Vigilance Wing of the Ministry with various Divisions of the Ministry as is headed by a Chief Vigilance Officer well as other Ministries. The division is (CVO) of the rank of Joint Secretary who also responsible for implementation of functions as the focal point for all the use of Official Language. Besides, vigilance matters in consultation with the this division also exercises vigilance Central Vigilance Commission(CVC) oversight and handles all Vigilances and Investigation Agencies like the cases against officials working in the Central Bureau of Investigation(CBI). Ministry. The focus of this division is to Complaints on corruption and facilitate the smooth and effective malpractices in the functioning of the operations of the Ministry. Protectors of Emigrants Offices and the Recruiting Agents, received from the I. OVERSEAS INDIAN CENTERS general public are dealt with in a time The Government has sanctioned 3 bound manner. posts of Counselor-Community Affairs (Development) in the Indian Missions at The Ministry is implementing the Washington, Abu Dhabi and Kuala guidelines/instructions issued by the Lumpur as field organizations of MOIA Department of Personnel & Training and in those countries. The Counselor at the Central Vigilance Commission on Washington will look after the interests creating greater awareness of vigilance of the overseas Indian community in the among the users. In order to bring about USA and the one in Abu Dhabi will cover awareness about vigilance and the UAE and the Counselor at Kuala transparency in functioning of offices that Lumpur will look after Malaysia, have public inter-face, the Vigilance Singapore and Brunei. The Counselors Awareness Week was celebrated from will be supported by professionals to be November 03-07, 2009 starting with a appointed locally to provide assistance pledge taking on November 03. in the fields of health, legal and financial To have a transparency through matters. The Counselor at Washington effective use of websites in discharge of has started functioning. He is assisted regulatory enforcement, the Emigration by professionals in the field of Act and the Rules framed there under, Community Development and Legal. downloadable forms, guidelines for The counselor at Abu Dhabi has also registration etc. have been uploaded on started functioning. Based on the the website. The use of Information 42 MINISTRY OFOVERSEAS INDIAN AFFAIRS technology has been effectively done in employees including the outsourced the Ministry. staff to impart basic knowledge on writing notes and preparing drafts in III. PROGRESSIVE USE OF HINDI Hindi on routine subjects. Noting & Official Language Section of the Drafting in Hindi and Essay competitions Ministry has the nodal responsibility for were organized. Cash prizes and effective implementation of the Official certificates were given to the successful Language Act and Rules made there officers/employees. under. Efforts were made to increase the use of Hindi in the Ministry during IV. RIGHT TO INFORMATION ACT the period under report with the help of (RTI) out sourcing. Provisions of Section 3(3) For information under the RTI Act, of the Official Language Act, 1963 were 2005 citizens may approach the Public complied with fully. All papers pertaining Information Officer (RTI) of Ministry of to these provisions were issued Overseas Indian Affairs available from bilingually i.e. Hindi & English. Letters 10:00 hrs to 13:00 hrs on any working received in Hindi were replied to in day. Hindi. The following officers are The Ministry organized the “Hindi designated as the Public Information Pakhwara” from 14 to 25 September Officer and Appellate Authority in respect 2009. During this period useful material of matters pertaining to Ministry of was distributed to all the officers/ Overseas Indian Affairs :

Matter Public Information Appellate Authority Officer All matters relating Director Protector General of to the office of (Emigration Emigrants Protector General Services) of Emigrants and offices of Protectors of Emigrants. All matters relating Deputy Joint Secretary (Financial to Ministry of Secretary Services) & C. V. O. Overseas Indian (Administration) Affairs, other than emigration related issues.

Cases received during 2009-2010 were transferred to other relevant (upto 31.01.2010): authorities, 126 were disposed off and During the financial year 2009-2010 06 are in the process of disposal. During (upto 31.01.2010), 134 applications were this period, 11 appeals were received out received, 06 applications were carried of which 09 were disposed of and 02 are over from previous year. Out of this, 08 in the process of disposal

43 ANNUAL REPORT 2009-2010

ANNEXURES & TABLES

ANNEXURE- A Functions of the Ministry

ANNEXURE- B List of Persons / Categories of workers in whose case emigration check is not required

ANNEXURE- C List of countries for which emigration check is not required

ANNEXURE- D Offices of the Protector of Emigrants

ANNEXURE- E List of organizations Empanelled for assisting Indian women deserted by overseas husbands

TABLE - A Emigration for employment during the last six years

TABLE - B The Distribution of Annual Labour Outflows from India by Destination

TABLE -C State-wise figures of Workers Granted Emigration Clearance / ECNR Endorsement (2004-2009)

TABLE- D Private Remittances

TABLE – E Detailed Budget Allocation & Expenditure Statement

FIGURE – A Budget estimates and expenditure

FIGURE - B Administrative expenditure vis-a-vis Scheme Expenditure.

FIGURE – C Reduction in Net Budget outflow on PBD.

44 MINISTRY OFOVERSEAS INDIAN AFFAIRS

ANNEXURE-A

FUNCTIONS OF THE MINISTRY

1. All matters relating to Overseas Indians the Ministry of Human Resource comprising Persons of Indian Origin Development and the Ministry of (PIO) and Non-Resident Indians (NRIs) Culture. excluding entries specifically allotted to 11. Scholarship to NRI/PIO students for other Departments. study in India under different schemes 2. Promotion of investment by Overseas in consultation with the Ministry of Indians in India including innovative External Affairs. investments and policy initiatives 12. Development of marketing and consistent with the overall Government communication strategies to ensure policies particularly in areas such as strong links between the Overseas exclusive Special Economic Zones Indian community and India. (SEZs) for Overseas Indians. 13. Matters relating to NRI/PIO contributions 3. To be represented in the Foreign to the Government and parental Investment Promotion Board and the organisations in consultation with the Foreign Investment Implementation Department of Economic Affairs. Authority. 14. Guidance to and Cooperation with the 4. To interact with the Investment State Governments and coordination Commission and to be consulted by the with them on matters related to Overseas said Commission and to be kept Indians. informed of all matters relating to Foreign 15. To be represented in the Indian Council Direct Investment (FDI) by Overseas of Cultural Relations. Indians. 16. Establishment of institutions to impart 5. All emigration under the Emigration Act, vocational and technical training to meet 1983 (31 of 1983) from India to overseas the requirements of skilled manpower countries and the return of emigrants. abroad with the concurrence of the 6. Matters relating to Pravasi Bharatiya Ministry of Labour and Employment. Divas, Pravasi Bharatiya Samman 17. External Publicity relating to Overseas Awards and Pravasi Bharatiya Kendra. Indians’ affairs in consultation with the 7. Matters relating to programmes in India Ministry of External Affairs and in for overseas Indian Volunteers. consonance with foreign policy 8. Setting up and administration of Centres objectives. for Overseas Indians’ Affairs in countries 18. New initiatives for interaction by having major concentration of Overseas Overseas Indians with India in the fields Indians in consultation and coordination such as Trade, Culture, Tourism, Media, with the Ministry of External Affairs. Youth Affairs, Health, Education, Science 9. Policy regarding employment assistance and Technology in consultation with to PIO/NRIs excluding reservations in concerned Ministries. Government service. 19. Exercise of powers conferred by the 10. Collection and dissemination of section 7B(1) of the Citizenship Act, 1955 information concerning admission of (57 of 1955). NRI/PIO students to various educational, 20. Work relating to totalization agreements, technical and cultural institutions in India protection and welfare of overseas wherever discretionary quota for NRI/ Indians and exemption from payment of PIO students exists, in consultation with Social security. 45 ANNUAL REPORT 2009-2010

ANNEXURE-B

LIST OF PERSONS/CATEGORIES OF WORKERS IN WHOSE CASE EMIGRATION CHECK IS NOT REQUIRED

1. All holders of Diplomatic/Official Institutes such as T.S. Chanakya, T.S. Passports. Rehman, T.S. jawahar, MTI(SCI) and NIPM, Chennai after production of 2. All Gazetted Government servants. identity cards issued by the Shipping 3. All Income-tax payers (including Master, Mumbai/Kolkata/Chennai. Agricultural Income-tax payees) in their 8. Persons holding permanent immigration individual capacity. visas, such as the visas of UK, 4. All professional degree holders, such as USA and Australia. Doctors holding MBBS degrees o r 9. Persons possessing two years’ diploma degrees in Ayurveda or Homoeopathy; from any institute recognized by the Accredited Journalists; national Council for Vocational Training Engineers; Chartered Accountants; (NCVT) or State Council of Vocational Lecturers; Teachers; Scientists; Training (SCVT) or persons holding three Advocates etc. years’ diploma / equivalent degree from 5. Spouses and dependent children of institutions like Polytechnics recognized category of persons listed from (2) to (4). by Central/State Governments. 6. Persons holding class 10 qualification or 10. Nurses possessing qualification higher Degrees. recognized under the Indian Nursing 7. Seamen who are in possession of CDC Council Act, 1947. or Sea Cadets, Desk Cadets (i) who 11. All persons above the age of 50 years. have passed final examination of three 12. All persons who have been staying year B. Sc. Nautical Sciences abroad for more than three years (the Courses at T.S. Chanakya, Mumbai; and period of three years could be either in (ii) who have undergone three one stretch or broken) and spouses. months pre-sea training at any of the Government approved Training 13. Children below 18 years of age.

46 MINISTRY OFOVERSEAS INDIAN AFFAIRS

ANNEXURE-C LIST OF COUNTRIES FOR WHICH EMIGRATION CHECK IS NOT REQUIRED

1. Albania Republic of 92. Madagascar 136. Sao Tome 2. Algeria Congo 93. Malawi and Principe 3. Andorra 46. Denmark 94. Maldives 137. Senegal 4. Angola 47. Djibouti 95. Mali 138. Serbia 5. Antigua & 48. Dominica 96. Malta 139. Seychelles Barduda 49. Dominican 97. Marshall 140. Sierra Leone 6. Argentina Republic Islands 141. Singapore 7. Armenia 50. Ecuador 98. Mauritania 142. Slovakia 8. Australia 51. Egypt 99. Mauritius 143. Slovenia 9. Austria 52. El Salvador 100. Mexico 144. Solomon 10. Azerbaijan 53. Equatorial 101. Micronesia Islands 11. Bahamas Guinea 102. Moldova 145. Somalia 12. Bangladesh 54. Eritrea 103. Monaco 146. South Africa 13. Barbados 55. Estonia 104. Mongolia 147. Spain 14. Belarus 56. Ethiopia 105. Montenegro 148. Sri Lanka 15. Belgium 57. Fiji 106. Morocco 149. Suriname 16. Belize 58. Finland 107. Mozambique 150. Swaziland 17. Benin 59. France 108. Myanmar 151. Sweden 18. Bhutan 60. Gabon 109. Namibia 152. Switzerland 19. Bolivia 61. Gambia 110. Nauru 153. Tajikistan 20. Bosnia & 62. Georgia 111. Nepal 154. The former Harzegovina 63. Germany 112. Netherlands Yugoslav Rep 21. Botswana 64. Ghana 113. New Zealand of Macedonia 22. Brazil 65. Greece 114. Nicaragua 155. Timor-Leste 23. Brunei 66. Grenada 115. Niger 156. Tonga 24. Bulgaria 67. Guatemala 116. Nigeria 158. Trinidad & 25. Burkina Faso 68. Guinea 117. Norway Tobago 26. Burundi 69. Guinea-Bisau 118. Pakistan 159. Tunisia 27. Cambodia 70. Guyana 119. Palau 160. Turkey 28. Cameroon 71. Haiti 120. Panama 161. Turkmenistan 29. Canada 72. Honduras 121. Papua New 162. Tuvalu 30. Cape Verde 73. Hungary Guinea 163. Uganda 31. Central 74. Iceland 122. Paraguay 164. Ukraine African 75. Iran 123. Peru 165. United Republic 76. Ireland 124. Philippines Kingdom of 32. Chad 77. Israel 125. Poland Great Britain 33. Chile 78. Italy 126. Portugal and Northern 34. China 79. Jamaica 127. Rep of Korea Island 35. Colombia 80. Japan 128. Romania 166. United 36. Comoros 81. Kazakhstan 129. Russian Republic of 37. Congo 82. Kenya Federation Tanzania 38. Costa Rica 83. Kiribati 130. Rwanda 167. USA 39. Cote d’lvoire 84. Kyrgystan 131. Saint Kitts 168. Uruguay 40. Croatia 85. Laos.PDR and Nevis 169. Uzbekistan 41. Cuba 86. Latvia 132. Saint Lucia 170. Vanuatu 42. Cyprus 87. Lesotho 133. St Vincent 171. Venezuela 43. Czech 88. Liberia and the 172. Vietnam Republic 89. Liechtenstein Grenadines 173. Zambia 44. DPR Korea 90. Lithuania 134. Samoa 174. Zimbabwe 45. Democratic 91. Luxemburg 135. San Marino 175. Vatican 47 ANNUAL REPORT 2009-2010

ANEXURE-D

OFFICES OF THE PROTECTORS OF EMIGRANTS

1 The Protector of Emigrants, 5 The Office of the Protector of Jaisalmer House, Canteen Block, Emigrants, Mansingh Road, New Delhi-110011 3rd Floor, Putherickal Building, Ph. 011-23382472, 23073908 Market Road, Cochin-682035 Fax: 011-23382472 6 The Protector of Emigrants, 2 The Protector of Emigrants, Griha Kalpa Complex, Ground Building E, Khira Nagar, SV Road, Floor, M.J. Road Santa Cruz(West), Mumbai- Opposite to Gandhi Bhawan, 400039, Nampally, Ph. 022-26614393 HYDERABAD, Ph. 040-24652557, Fax: 022-26614353/26614393 Fax: 040-24652557

3 The Protector of Emigrants, 7 Office of the Protector of TNHB, Ashok Nagar, Emigrants, Shopping -Complex (Annexe), 5th Block, Ground Floor, Kendriya Chennai-600083, Sadan, Ph. 044-24891337 Sector-9A, CHANDIGARH-160017, Fax: 044-24891337 Ph. 0172-2741790 Fax: 0172-2741790 4 The Protector of Emigrants, Suganthi, 24/846(1), Thycad, 8 The Protector of Emigrants, THIRUVANANTHA PURAM – Room No. 18, ‘A’-Wing, 695014, MSO Building, 3rd Floor DF Block, Ph. 0471-2324835 Salt Lake, KOLKATTA-700084, Fax: 0471-2324835 Ph.033-23343407 Fax: 033-23343407

48 MINISTRY OFOVERSEAS INDIAN AFFAIRS

ANNEXURE - E LIST OF INDIAN WOMEN’S ORGANIZATIONS/ INDIAN COMMUNITY ASSOCIATIONS / NGOS EMPANELLED WITH THE INDIAN MISSIONS AND POSTS ABROAD TO PROVIDE LEGAL / FINANCIAL ASSISTANCE TO INDIAN WOMEN DESERTED BY THEIR OVERSEAS INDIAN SPOUSES.

Sl.No. Indian Mission Indian Women’s Association / NGOs empanelled with the Indian Missions 1. Embassy of India, ASHA (Asian Women’s Self –help Washington DC,. Association) , Post Box 2084, Rockville, MD 20847-2084 2. Consulate General of (i) MAIRI, 234 , East Gish Road, India, San Francisco Suite200, San Jose, CA 95112 (ii) NARIKA Post Box NO. 14014, Berkeley, CA 94714 (iii) SevA Legal Aid37053 Cherry Street # 207 Newark, CA 94560 3. Consulate General of (i) SAKHI, New York India, New York, (ii) AWAKE, (Asian Women’s Alliance for Kinship and Equality) (iii) MANAVI, New Jersey (iv) SERVICE AND EDUCATION FOR WOMEN AGAINST ABUSE (SEVAA) Philadelphia (v) INTERNATIONAL INSTITUTE OFBUFFALO (vi) Asian Women’s Safety Net (vii)Sneha Inc; Post Box No. 271650, West Hartford ,CT-06127 4. Consulate General of APNA GHAR INC (OUR HOME), India, Chicago. Chicago 5. Consulate General of Daya Inc., 5890 Point West Dr, Houston India, Houston TX77036 6. Embassy of India , Qatar Indian Community Benevolent Fund(ICBF) , Doha, Qatar 7. High Commission of India, The Indian Welfare & Resources Canberra, Australia Centre (IWRC), the Welfare wing of Federation of Indian Association of Victoria, Melbourne . 8. Consulate General of India, United Indian Association Inc; Post Box 575, Sydney. Strathfied, NSW 2135, Australia 9. High Commission of India, (i) Indian Canada Association1301 Ottawa Canada Prestone Drive, Ottawa, ON K1E, 2Z2 (ii) Ottawa Community Immigrant Services Organization , 959 Wellington Street West, Ottawa, ON K1Y 2X5. (iii) National Association of Canadians of Indian Origin, 24 Saint-Paul East, Suite201. Montreal , QC H2Y 1G3. (iv) AWIC Community & Social Services 3030 Don Mills Road, Peanut Plaza ,Norht York, ON M2J 3C1. 10. High Commission of India, Shakti Community Council INC, New Zealand Auckland

49 ANNUAL REPORT 2009-2010

TABLE – A

EMIGRATION FOR EMPLOYMENT DURING THE LAST SIX YEARS

Year No. of workers (in lakhs)

2004 4.75

2005 5.49

2006 6.77

2007 8.09

2008 8.49

2009 6.10

50 MINISTRY OFOVERSEAS INDIAN AFFAIRS

TABLE – B

THE DISTRIBUTION OF ANNUAL LABOUR OUTFLOWS FROM INDIA BY DESTINATION 2004-2009

S.N. Country 2004 2005 2006 2007 2008 2009 1 Afghanistan 0 0 0 0 405 395 2 Bahrain 22980 30060 37688 29966 31924 17541 3 Brunei 0 0 0 0 607 2 4 Indonesia 0 0 0 0 33 9 5 Jordan 2576 1851 1485 1254 1377 847 6 Kuwait 52064 39124 47449 48467 35562 42091 7 Lebanon 0 0 0 0 75 250 8 Libya — — — 3223 5040 3991 9 Malaysia 31464 71041 36500 30916 21123 11345 10 Maldives 3233 3423 4671 ECNR ECNR ECNR 11 Mauritius 3544 1965 1795 ECNR ECNR ECNR 12 Oman 33275 40931 67992 95462 89659 74963 13 Qatar 16325 50222 76324 88483 82937 46292 14 S. Arabia 123522 99879 134059 195437 228406 281110 15 Sudan 0 0 0 0 1045 708 16 Syria 0 0 0 0 74 0 17 Thailand 0 0 0 0 15 5 18 U. A. E. 175262 194412 254774 312695 349827 130302 19 Yemen 0 0 0 0 492 421 20 Others 10715 15945 14175 3550 0 0 TOTAL 474960 548853 676912 809453 848601 610272

51 ANNUAL REPORT 2009-2010

TABLE - C

STATE-WISE FIGURES OF WORKERS GRANTED EMIGRATION CLEARANCE/ECNR ENDORSEMENT DURING THE YEARS 2004-2009

SN State 2004 2005 2006 2007 2008 2009 1. A&N Islands 29 5 190 87 89 75 2. Andhra Pradesh 72,580 48,498 97,680 105044 97530 69233 3. Arunachal Pradesh 73 0 0 25 244 181 4. Assam 2,695 669 1,075 1905 1517 1788 5. Bihar 21,812 9,366 36,493 51805 60642 50227 6. Chandigarh 2,405 807 6,616 9177 1768 966 7. Chhattisgarh 580 0 4735 310 80 51 8. D & Diu 0 0 0 0 27 8 9. Delhi 6,052 6,024 9098 5327 4512 2501 10. DNH/UT 0 0 11 12 17 3 11. Goa 7,053 1,627 4,063 3102 2210 1659 12. Gujarat 22,218 49,923 13,274 20066 15716 9185 13. Haryana 1,267 2,313 193 1852 1779 1052 14. Himachal Pradesh 1,506 762 1,180 1119 1345 776 15. Jammu & Kashmir 1,944 486 1,661 3276 3588 4307 16. Jharkhand 919 974 1,427 3651 3561 3545 17. Karnataka 19,237 75,384 24,362 27014 22413 18565 18. Kerala 63,512 1,25,075 1,20,083 150475 180703 119384

52 MINISTRY OFOVERSEAS INDIAN AFFAIRS

SN State 2004 2005 2006 2007 2008 2009 19. Lakshdeep 0 0 0 0 23 19 20. Madhya Pradesh 8,888 5,312 7047 3616 2321 1897 21. Maharashtra 28,670 29,289 15,356 21496 24786 19128 22. Manipur 29 0 0 1 30 18 23. Meghalaya 0 0 0 7 24 21 24. Mizoram 38 0 0 - 8 2 25. Nagaland 46 0 0 7 10 5 26. Orissa 6,999 1,258 4,114 6696 8919 6551 27. Pondichery 560 222 2 45 397 320 28. Port Blair 0 0 1 2 0 29. Punjab 25,302 24,088 39,311 53942 54469 27291 30. Rajasthan 35,108 21,899 50,236 70896 64601 44744 31. Sikkim 0 0 10 2 18 12 32. Tamil Nadu 1,08,964 1,17,050 1,55,631 150842 128791 78841 33 Tripura 2 1 1 121 592 324 34 Uttar Pradesh 27,428 22,558 66,131 91613 139254 125783 35 Uttarakhand 58 137 93 179 523 623 36 West Bengal 8,986 5,102 14,929 24817 26094 21187 37 Others 0 24 1909 924 0 Total 4,74.960 5,48,853 676912 809453 848601 610272

53 ANNUAL REPORT 2009-2010

TABLE - D

PRIVATE REMITTANCES FROM 2001-02 TO 2008-09

Year In US $ billion

2001-2002 15.8

2002-2003 17.2

2003-2004 22.2

2004-2005 21.1

2005-2006 25.0

2006-2007 30.8

2007-2008 43.5

2008-2009 46.9

*Source: RBI Monthly Bulletin-January, 2010

54 MINISTRY OFOVERSEAS INDIAN AFFAIRS

TABLE - E

OBJECT HEAD WISE SUMMARY OF NON-PLAN ESTIMATES VIS-a-VIS EXPENDITURE ( Rs. in Crores)

Sl. No. Object Head BE 2009-10 RE 2009-10 12 34 Revenue Section 2052- Secretariat- General Services (Major Head) 0.090 Secretariat (Minor Head) 34 Ministry of Overseas Indian Affairs 34.01.01 Salaries 4.30 4.93 34.01.02 Wages 0.003 0.003 34.01.03 Overtime Allowance 0.028 0.027 34.01.06 Medical Treatment 0.07 0.13 34.01.11 Domestic Travel Expenses 1.00 0.90 34.01.12 Foreign Travel Expenses 1.49 1.34 34.01.13 Office Expenses 1.70 1.53 34.01.14 Rents, Rates, Taxes 2.05 2.05 34.01.16 Publications 0.18 0.16 34.01.17 Banking Cash Transaction Tax 0 0 34.01.26 Advertising and Publicity 1.45 1.31 34.01.27 Minor Works 0.30 0.30 34.01.28 Professional Services 0.56 0.51 99 Information Technology Office 34.99.13 Expenses 2.03 1.40 Total Secretariat 15.16 14.59

55 ANNUAL REPORT 2009-2010

Sl. No. Object Head BE 2009-10 RE 2009-10 12 34 40 Protector General of Emigrant 40.01.01 Salaries 2.70 2.70 40.01.02 Wages 0.02 0.02 40.01.03 Overtime Allowance 0 0 40.01.06 Medical Treatment 0.08 0.08 40.01.11 Domestic Travel Expenses 0.06 0.054 40.01.12 Foreign Travel Expenses 0 0 40.01.13 Office Expenses 0.30 0.27 40.01.14 Rents, Rates, Taxes 1.01 1.01 40.01.16 Publications 0 0 40.01.26 Advertising and Publicity 0 0 40.01.27 Minor Works 0.01 0.01 40.01.28 Professional Services 0.35 0.96 99 40.99. Information Technology Office 13 Expenses 1.00 0.96 Total Protector General of Emigrant 5.53 5.20 00.800 07 Other Expenditure (Minor Head) 07.00.20 Expenditure on Holding Seminars & Studies Other Administrative Expenses Total-Other Expenditure 0.31 0.28 TOTAL -SECRETARIAT GENERAL SERVICES 21.00 20.07 2061 EXTERNAL AFFAIRS (MAJOR HEAD) 0.14 International Conferences / 01 Meetings (Minor Head) 01.00.20 International Conferences/ Meetings Other Administrative Expenses 1.00 0.90 0.106 Entertainment Charges (Minor 01 Head) Entertainment of 01.00.20 Dignitaries Other Administrative Expenses 0.30 0.10 Total - International Conferences/Meetings 1.30 1.00

56 MINISTRY OFOVERSEAS INDIAN AFFAIRS

Sl. No. Object Head BE 2009-10 RE 2009-10 12 34 0.800 Other Expenditure (Minor Head) 03 Other Schemes Other 03.03.50 Charges 30.70 30.70 15.00 Celebration of Pravasi Bharatiya 15.00.50 Divas Other Charges 6.00 6.00 Total-Other Expenditure 36.70 36.70 Total External Affairs (Major Head) 38.00 37.70 Total-Revenue Section 59.00 57.77 4059 Capital Outlay on Public 60 Works: (Major Head) 60.051 Other Buildings (Sub Major 23 Head) Construction (Minor Head) Pravasi Bharatiya Kendra 20.00 2.00 23.00.53 Major Works 24 Construction/Purchase of 24.00.53 Buildings for PGE/POEs 1.00 0.23 Total Capital Outlay on Public Works 21.00 2.23 Total Capital Section 21.00 2.23 Total-Grant No. 68 80.00 60.00

57 ANNUAL REPORT 2009-2010

58 MINISTRY OFOVERSEAS INDIAN AFFAIRS

Figure-A

ESTIMATES AND EXPENDITURE

80

70

60

50

40

30

(Rs. in Crores)

20

10 (Prov.) 0 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10

BE RE Actuals

59 ANNUAL REPORT 2009-2010

60 MINISTRY OFOVERSEAS INDIAN AFFAIRS

Figure-B

ADMINISTRATIVE EXPENDITURE* VIA-A-VIS SCHEME EXPENDITURE IN THE YEAR (^2009-10 - ESTIMATE)

65 60 55 50 45 40 35 30 25 20

(Rs. in Crores) 15 10 5 0 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10

Administrative Cost include Scheme Expenditure includes salary, allowances, medical Expenditure on Schemes, Capital Exp., expenses, professional charges PBD, advertising & publicity, & office expenses Publications. Seminars and Studies and International Conferences

61 ANNUAL REPORT 2009-2010

62 MINISTRY OFOVERSEAS INDIAN AFFAIRS

Figure-C

REDUCTION IN NET BUDGET OUTFLOW* ON PBD

4.5

4

3.5

3

2.5

2

1.5

(Rs. in Crores) 1

0.5

0 2005 2006 2007 2008 2009

Outflow* = Actual PBD Expenditure less Revenue generated

63 ANNUAL REPORT 2009-2010

64