 bill no  207 of  2016 the overseas workers (management and welfare) bill, 2016 by shri janardan singh 'sigriwal', mp a billto provide for management and welfare of indian citizens employed outside the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencementdefinitions2 in this act, unless the context otherwise requires:—(a) "fund" means the overseas workers welfare fund constituted under section 6;5(b) "overseas worker" means any indian citizen who is employed outside india by a person who is not an indian citizen or any company or any enterprise or any vessel which is not registered in the territory of india but does not include indian citizens working in the organs or agencies of the united nations organization (uno); and(c) "prescribed" means prescribed by rules made under this act103 the central government shall prepare and maintain a register of all overseas workers containing names and such other particulars including the country in which they are employed, in such manner as may be prescribedmaintenance of register ofoverseasworkers assessment study154 the central government may, from time to time, undertake or cause to be undertaken, using agencies as it may consider necessary, studies in the countries where there are substantial number of overseas indian workers with a view to assess the following in regard to overseas indian workers:—(i) access to basic human rights; (ii) access to health facilities; (iii) access to legal remedies; and (iv) ability to live in a safe and secure manner205 (1) the central government shall formulate and implement welfare schemes for overseas workers in such manner as may be prescribedformulation of welfare schemes(2) without prejudice to the generality of the foregoing provision, such schemes shall also provide for,—25(a) insurance and disability cover; (b) old age protection; (c) orientation and skill upgradation; and(d) such other provisions as the central government may consider necessary6 (1) the central government shall by notification in the official gazette, constitute a fund to be known as the overseas workers' welfare fund30overseas workers' welfare fund(2) the central government shall, after due appropriation made by parliament by law in this behalf, grant such sums of money to the fund  as the central government may think fit for carrying out the purposes of this act35compulsory registration of recruiting agencies7 it shall be mandatory for all persons or agencies involved in the recruitment orplacement of indian citizens for employment with foreign nationals or companies outside the country to get themselves registered with such authority, as may be designated by the central government for the purposepunishment8 whoever, in contravention of section 7 recruits any person for employment outsidethe country, shall be punished with simple imprisonment for a term which may extend to five years and with fine which may extend upto rupees five lakh or with both40act to have overriding effect9 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules10 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act455(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect at only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement  of  objects  and  reasonsthere are about five million indians employed outside the country more than ninety per cent of this work force is in the gulf countries there has been a consistent and steady increase in the number of persons going abroad in search of employmentthe problems being faced by indian overseas workers are manifold non-payment or delay in payment of wages, harsh working and inhuman living conditions, substitution of contracts, retention of passport, cheating by intermediaries, incidents of physical abuse and sexual exploitation, etc are common in most of the countries, access to legal remedy is denied to indian workers in many cases indian workers do not get the benefit of social security contribution paid during their employment abroad, after they return to india, due to various reasonstherefore, there is an urgent need for a legislation providing for the management and welfare of indian citizens working abroad the bill inter-alia seeks to provide for:—(i) registration of all indian citizens who migrate from the country in search of employment;(ii) empowering the central government to frame welfare schemes for overseasworkers; and(iii)  compulsory registration of recruitment agencies etc and for punishment forthose agencies who carry out the business of recruiting persons for overseas employment without registrationhence this billnew delhi;janardan singh 'sigriwal'july  4, 2016 financial memorandumclause 3 of the bill provides for the maintenance of a register of overseas workersclause 4 provides for an assessment study in the countries where there are overseas indian workers clause 5 provides for formulation and implementation of welfare schemes for welfare of overseas workers clause 6 provides for constitution of a overseas workers' welfare fund for welfare of overseas workers the bill, therefore, if enacted, will involve expendiutre from the consolidated fund of india at this stage, it is difficult to give an exact estimate of expenditure likely to be invloved as the exact amount of expenditure likely to be involved will depend upon the number of schemes formulated by the government however,it is estimated that an annual recurring expenditure of about rupees two hundred crore is likely to be involved from the consolidated fund of indiaa non-recurring expenditure of rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for management and welfare of indian citizens employed outside the country and for matters connected therewith or incidental thereto————(shri janardan singh 'sigriwal', mp)gmgipmrnd—1424ls(s3)—27072016