Section 14
New section 11a
of Private Employment Agencies (Amendment) Act 2017
The principal Act is amended by inserting after section 11
the following section:
“Suspension or revocation of licence 11a. (1) The Director General may, by written notice to a private employment agency and without any compensation, suspend or revoke a licence granted under this Act if he is satisfied that the private employment agency—
(a)
has contravened or failed to comply with any of the provisions of this Act or any regulations made
under this Act;
(b)
has failed to comply with any conditions imposed by the Director General;
(c)
has been convicted of an offence under this Act or the director of the private employment agency has been detained under any written law in relation to anti-trafficking in persons and forced labour;
(d)
has wound up or otherwise dissolved;
(e)
has failed to comply with any written directions issued by the Director General under this Act;
(f)
has induced the granting of the licence by a false representation of fact;
(g)
has used the licence granted under this Act for an unlawful purpose; or
(h)
has ceased to carry on recruiting activities.
(2)
The Director General shall not suspend or revoke a licence unless he is satisfied that, after giving the private employment agency an opportunity to make any representation in writing as to why the licence should not be suspended or revoked within the period specified in the written notice, the licence should be suspended or revoked.
(3)
After the expiry of the period specified in the written notice and after considering the representation made under subsection (2), the Director General shall decide whether or not to suspend or revoke the licence.
(4)
The Director General shall inform a private employment agency of his decision under subsection (3) by written notice.
(5)
The private employment agency shall after receipt of the written notice on the suspension or revocation under subsection (4)—
(a)
advertise the notice of cessation of operation in at least one national language newspaper having nationwide circulation;
(b)
display the notice of cessation of operation in a conspicuous space at the private employment agency’s premises; and
(c)
publish in the private employment agency’s website continuously on the cessation of operation, if any.
(6)
If a licence has been suspended under subsection (3), the Director General shall require the private employment agency to remedy the contravention or to take corrective action within the period as specified by the Director General.
(7)
If the Director General is satisfied that the private employment agency has failed to remedy the contravention or take corrective action as required under subsection (6), the Director General shall revoke the licence of the private employment agency.
(8)
A private employment agency may, within twenty-one days from the date of receipt of a revocation notice from the Director General, appeal to the Minister.
(9)
If a licence—
(a)
has been revoked, the licence shall have no effect from the date of revocation and the private employment agency shall within fourteen days from the date of revocation of the licence, surrender the licence to the Director General; or
(b)
has been suspended, the licence shall have no effect during the period of suspension.”.
Private Employment Agencies (Amendment)
15
Amendment of section 13