Section 87C:
Exemption from section 87B.
1[87C. Exemption from section 87B.--(1) When any person referred to in section 87B has failed
to secure suitable employment within a reasonable period from the date on which he applied for the
same, he may make an application to the Director-General for exempting him from the requirements
of sub-sections (1) and (2) of that section and if the Director-General is satisfied that the grounds stated in the application justify the exemption sought for, he shall, by order, exempt such person from
the requirements of those sub-sections.
(2) The Director-General may, either on own motion or on an application made by any person
referred to in section 87B, by order in writing, exempt such person from the requirements of
sub-sections (1) and (2) of that section, if the Director-General is satisfied--
(a) that it is necessary so to do for compliance with any request made by the Government of
any foreign country to make available the services of Indian personnel for meeting shortage of
qualified personnel in its ships or shore establishments, or for compliance with any request made
by any agency of the United Nations Organisation for making available Indian personnel for
providing consultancy services on its behalf in technical co-operation or technical assistance
programme in any country; or
(b) that such person is likely to suffer undue hardship if he is not so exempted.
(3) An application for exemption under sub-section (1) or sub-section (2) shall set out clearly all
the particulars on the basis of which such exemption is applied for.
(4) Every such application shall be disposed of by the Director-General as expeditiously as
possible and where the Director-General refuses to grant the exemption applied for, he shall record his
reasons therefore and communicate the same to the applicant.
(5) Where, within a period of forty-five days of the date of receipt of any such application, the
Director-General does not refuse to grant the exemption applied for, or does not communicate the
refusal to the applicant, the Director-General shall be deemed to have granted the exemption applied
for.
(6) Where the Director-General refuses to grant the exemption applied for, the applicant may
prefer an appeal against such refusal to the Central Government within thirty days of the receipt of the
order of the Director-General refusing the exemption and the Central Government may make such
orders as it deems fit:
Provided that the Central Government may admit any appeal after the expiry of the period
aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time:
Provided further that no order confirming the order of the Director-General shall be made under
this sub-section without giving the appellant an opportunity to represent his case.]
Notes:
1. Part VIA ins. by Act 20 of 1979, s. 2 (w.e.f. 4-5-1979).