Rule 11
Deposit To Be Refunded And Bank Guarantee Released
(1) If any
license is canceled pursuant to Section 13 of the Act, the licensee shall
make an application to the Department to have the deposit furnished
while obtaining the license refunded or the bank guarantee released.
(2) An application made pursuant to sub-rule (1) shall a lso
indicate whether any amount is due and payable to any person or not
(3) If an application is received pursuant to Sub-rule (1), the
Department shall publish or broadcast a notice in at least two da ily
newspapers of national c irculation and other means of communication
as required, indicating that such licensee applied for the refund of the
deposit or the release of bank guarantee furnished by it by the reason of
the cancellation of the license obtained by it, inviting any one to make
cla im, accompanied by proof and evidence, for the refund of the service
charge or any amount where such licensee has not sent for fore ign
employment by collecting such charge or amount, within thirty five
days.
(4) Where any person makes a claim within the time-lim it of the
notice published or broadcast pursuant to Sub-rule (3) and upon
examination of the cla im, it is proved that the licensee has sent any one
for fore ign employment by collecting an amount for fore ign
employment, the Department shall order the licensee to refund such
amount to the concerned person within fifteen days.
(5) Where the licensee does not refund the amount in
pursuance of the order referred to in Sub-rule (4), the Department
shall deduct the amount from the deposit or bank guarantee amount
furnished by the licensee and provide it to the person making claim
pursuant to Sub-rule (4).
(6) Where no one makes a claim within the time-limit of the
notice published or broadcast pursuant to Sub-rule (3) or where a claim
is made and the licensee refunds such amount within the time-limit set
forth in sub-rule (4), the Department shall refund the remaining deposit
or release the bank guarantee.
(7) Where the deposit or bank guarantee amount of the licensee is
not suffic ient to refund the amount, the shortfa ll amount sha ll be
recovered from the director in accordance with the prevailing laws.
(8) The expenses incurred in publishing or broadcasting the
notice pursuant to Sub-rule (2) sha ll be deducted from the deposit or
bank guarantee amount of the concerned licensee.