A section of the recruitment agencies in the State are functioning in violation of the Emigration Act 1983 despite the fact that such violation amounts to a cognizable offence which can be tried by the Protector of Emigrants himself as his office is deemed to be a civil court. The Act lays down that "no person can function as recruiting agent without a valid certificate issued by the Union Ministry of Labour". Hence, a citizen can leave the shores for the purpose of employment only by utilising the services of a certified agent.

However, inquiries in the foreign job market reveals an altogether different picture. Agencies registered outside the jurisdiction of the PoE, Chennai are making a killing by `authorising' a few local persons to act as their sub-agents. These sub-agents quote theregistration numbers of the original agents and go about the trade unhindered. Instances are also not found warranting where some influential elements have entered the trade by forging the name and registration certificate of authorised agencies.

Acknowledging the presence of such unhealthy practices in the field, an emigration official says most of the sub-agencies owe their existence to Mumbai-based authorised agents. This is contrary to rules as the "registration certificates of an agency is not transferable". In fact, agents are expected to operate only from their registered offices, which should have the prescribed plinth area, phone, fax and accessibility to public. The prior approval of the Labour Ministry should be obtained for operating from a branch office or for conducting interviews in hotels and corporate houses.

The fake employment racketeers thrive in the market because the semi-skilled and unskilled employees or labourers are taken in by their "sweet words and unsuspecting mannerisms", theofficial said. Although as per Government norms an agent can collect only a maximum of Rs 10,000 as fee per client, in practice the amount involved is much higher. The agencies adopt "different accounting procedure" to raise the amount to Rs 30,000 to Rs 50,000 for obtaining a job in the Gulf region and Rs 70,000 plus for a placement in Singapore, sources said.

An agent, on condition of anonymity, said that the recruiting fee is hiked since "we have to mete our increasing expenditure including payment of commission to foreign counterparts". Further, the business in conducted based on the prevailing "market trend". Moreover, the clients are too willing to oblige, he added.

Efforts by the Labour Ministry or PoE to eliminate unauthorised agents from the scene has partially suffered as the culprits do not give their full address in advertisements. Instead, they use the facility of post box numbers making it difficult for the authorities to locate them.The "unscrupulous" agents are getting smarter by the dayand continue to outwit the Labour Ministry officials despite the latter keeping a vigil on their activities and taking "judicial" action against some persons.