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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013

11

(PAUSA 14,1934 SAKA)

LatestLaws.com
I

PARTDEPARTMENT

OF LEGAL

AND LEGISLATIVE

AFFAmS,

PUNJAB
NOTIFICATION
The 4th January, 2013
No. 2-Leg.l2013.- The following Act of the Legislature of the State
of Punjab received the assent of the Govemor of Punjab on the 4th January,
2013, is hereby published for general information ;THE PUNJAB

PREVENTION

OF HUMAN

SMUGGLING

ACT, 2012

(Punjab Act No. 2 of 2013)

AN
ACT SRQPONMLKJIHGFEDCBA
to p r o v id e
v ie w

to

fo r

th e

check

r e g u la tio n

and

curb

th e ir

m a lp r a c tfc e s

o f th e p e r s o n s

in

of

th e

S ta te

in c id e n ta l

P u n ja b

o f th e p r o fe s s io n

and

ille g a l

in v o lv e d
fo r

th e

and

in th e

o f tr a v e l

fr a u d u le n t
o r g a n iz e d

m a tte r s

a g e n ts

w ith

a c tiv itie s ,
hum an

c o n n e c te d

and

s m u g g lin g

th e r e w ith

or

th e r e to .

BE it enacted by the Legislature of the State of Punjab in the Sixtythird Year of the Republic ofIndia as follows ;1.

(1)

This Act may be called the Punjab Prevention of Human

Short title and

commencement.

SmugglingAct,2012.
(2)

It shall come into force on such date, as the State

Government may, by notification in the Official Gazette, appoint.

2.

In this Act, unless context otherwise requires,-

(a )

"cheating" shall have the same meaning as assigned to it in section

415 and includes cheating by personation as specified in section
416 of the Indian Penal Code, 1860 (Central Act 4~ of 1860);

(b )

"competent authority" means an officer appointed by the State

Government,

by notification, to be the competent authority for

the purpose (If this Act;

(c )

"dependent"

means any person, who is related to an emigrant

Definitions.

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12

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013

(PAUSA 14,1934 SAKA)
and is also dependent on that emigrant;SRQPONMLKJIHGFEDCBA
(d )

"device" means any machinery or instrument that may be used

or intended to be used for the purpose of forging or counterfeiting
any document, passport, visa, entry permit or travel ticket;

(e )

"document" means any matter expressed or described upon any

substance by means of letters, figures or marks or by more than
one ofthese means, intended to be used or which may be used,
as evidence of that matter;

(j)

"emigrant" means any citizen of India, who intends to emigrate

or emigrates orhas emigrated, but does not include,-

(i)

a dependent

of an emigrant,

whether

such dependent

accompanies

that emigrant, or departs subsequently

for

the purpose of joining that emigrant in the country to which

that emigrant has lawfully emigrated; and

(ii)

any person, who has resided outside India for a minimum

period of three years after attaining the age of eighteen
years or his spouse or child;

(g )

"human smuggling" shall mean and include illegally exporting,

sending or transporting

persons out ~f India or any type of

facilitation thereto by receiving money from them or their parents,

. relatives or any other person interested

in their welfare, by

inducing, alluring or deceiving or cheating;

(h )

"illegally acquired property" means any property whether movable

or immovable, acquired by illegal means by a travel agent in
contravention of the provisions of this Act;

(i)

"license" means a license issued by the competent authority under

sub-section (2) of section 4 of this Act;

(j)

"Licensee" means a person to whom a license is granted under

this Act;

(k )

"prescribed" means prescribed by rules made under this Act;EDCBA

(1 )

"State Government"

means the Government

of the State of

Punjab in the Department of Home Affairs and Justice; and

-- ---

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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013

13

(PAUSA 14,1934 SAKA)SRQPONMLKJIHGFEDCBA

{m )

"travel agent" means a person doing the profession

which

involves arranging, managing, or conducting affairs relating to

sending persons abroad .or which arise

out of the affairs of

persons sent to a foreign country, except for carrying out the

business of recruitment being governed under the Emigration
Act, 1983 (Central Act 31 of 1983), and shall include all or any
of the following, namely:-

(a)

processing of applications for or relating to grant of passport

or visa; or

(b )

acting as an agent for a company, firm or such type of

bodies or entities for(i)

sell ing air travel tickets; and

(ii)

providing

means of transportation

for travel to a

foreign country by land or sea; or

(e )

providing

consultancy

visa service or guidance

to the

persons intending to go abtoad for-

(d )

(i)

acquiring education;EDCBA
I

(ii)

undertaking a pleasu e trip as a tourist or traveler;

(iii)

getting medical treatment;

(iv)

arranging cultural entertainment or musical shows;

(v)

spreading or preaching religion; or

(vi)

participating in sports tournaments or events; or

giving an advertisement or publicity, which relates directly

or indirectly to any field of travel to a foreign country by
means of publication,

transmission,

communication

or

. internet; or
.. v

~'l~
e,

(e )

holding of seminars or delivering of lectures to promote

! . 'L

emigration or rendering assistance for such purposes; or

(f)

arranging

matrimonial

alliances

and adoptions

for the

purpose of emigration; or
(g)

arranging travel of any person from India to abroad for

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14

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013

! .

(PAUSA 14,1934 SAKA)

any purpose whatsoever;
(h )

acting as freelancing

orSRQPONMLKJIHGFEDCBA

type tout for' any of the purposes

mentioned in clauses (a) to (g).

Regulation of
profession of a
travel agent.

License.

3.

No person shall undertake the profession of a travel agent unless

he obtains a license under and In accordance with the provisions of section 4

of this Act.
4.EDCBA
(1 )
A person, desiring to undertake the profession of a travel
agent or who is already in this profession on the commencement

of this Act,

shall make an application to the competent authority in such manner alongwith

~I

such fee and containing such documents as may be prescribed.

(2)

If the competent authority is satisfied that the application made

under sub-section

(I)

is in order, it shall issue a li,cense under such terms and

conditions and in such form as may be prescribed:

Provided that if the competent authority is satisfied that the particulars
given in the application are incorrect or are incomplete or that any evidence or
information required for issuing the license is not furnished, it may, after
I

'

necessary inquiry and after giving the applicant an opportunity of being heard,
reject the application for the reasons, to be recorded in writing:

.,

Provided further that the person, whose application has been rejected
for grant of license, may make anotherapplicatio'

to the competent authority

,

for grant of license after removing the defects pointed out by it.

I
I

(3)

No license shall be issued to a pe~son under sub-section (2),

unless the part.iculars and documents given by him, in his application, are verified
by the police.
(4)

The validity ofa license shall be for a period of five years, which
,
shall be renewable for the said period in such manner, as may be prescribed.
Endorsement of
branches or
offices.

5.

01

t'-,

If a person, who.has obtained a license under this Act for doing

the profession of a travel agent at one place in a &istrict, subsequently opens

other branch or office at a place situated in another district, he shall not be
required to obtain a fresh license for such other'branch

or office. However,

he shall immediately inform, in writing, to the competent authority and to the

------~ ~ ..,.,....~ ;

,~ ."""
'~ "

"-

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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013

15

(PAUSA 14, 1934 SAKA)

District Magistrate of the district concerned, where a new branch or office
has been opened and shall obtain an acknowledgment

for giving such an .

information.
6.

(1) The competent authority may, on an application made to it

by any person or otherwise on information that licensee has,-

(a)

become insolvent or bankrupt; orSRQPONMLKJIHGFEDCBA

(b )

indulged or abetted, directly or indirectly into any act, which is

prejudicial to the interest of India or to its security; or

(e )

been convicted by a court for any criminal offence; or

(d)

obtained er got renewed the license on misrepresentation

or

suppressic n of any material fact; or

(e )

violated any of the terms and conditions of the license; or

(f)

allowed any other person to do the profession of travel agent

from his premises or under his name; orEDCBA
I

(g)

failed to do the profession of travel agent for ~ continuous period

of three months, cancel the license:

Provided that before cancellation of license a show cause notice to

the Licensee to explain his position within seven days from the receipt of
notice as to why his license should not be cancelled shall be issued.
E x p la n a tio n -Y o c tu c

purpose of clause

(f),

the expression 'premises'

shall mean any building, tent, vessel, land, structure, shop, booth, vehicle, boat
or raft, used as human dwelling or for any other activity by a human being.

(2)

If the license is cancelled for the reason mentioned

'--"( c) of sub-section

(1 )

in clause

and the conviction is set aside by the appellate court,

the competent authority may restore the license to the licensee

s u o -m a lo

or

on an application made in this regard.

(3)

Where the competent authority, for the reasons to be recorded,

in writing, is satisfied that the question of cancellation of any license on any of

the grounds mentioned in sub-section

(I),

is pending with it for consideration, it

may, by an order, in writing, suspend the operation of the license for such
period not exceeding ninety days, as may be specified in the order. The licensee

Cancellation or
suspension of
license.

LatestLaws.com
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16

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013

(PAUSA 14,1934 SAKA)

shall be required to show cause within a period of fifteen days from the date
of receipt of such order as to why the period of suspension oflicense may not
be extended till the question of cancellation

of license is decided by the

competent authority.
(4)

Before passing an order of cancellation or suspension of a license,

the competent authority shall consider the matter keeping in view the interests
of the emigrants and may pass such order, as it may deem appropriate.
(5)

Except as otherwise provided under this Act, where a license

issued to any person has been cancelled, such person shall be debarred from

undertaking the profession of a travel agent.

Travel agent to
inform the
competent
authority.

7.

If any travel agent wants to give advertisement or publicity with

regard to his profession or to hold seminar in respect thereof, he shall have to

inform the competent authority, in writing, by giving complete details or contents
thereof.

Surrendering of
license.

8.

(1)

A travel agent may surrende

his license at any time after

its issuance by giving two months' notice to the competent authority and on
the expiry Cifthe notice period, the license shall be deemed to have been
cancelled.
(2)

The fact of cancellation oflicense under sub-section (2) shall be

published EDCBA
b y the competent authority in two daily newspapers having wide
circulation in the locality concerned.
(3)

On the cancellation oflicense, the travel agent shall not be entitled

to refund of fee deposited by him at the time of submitting his application for
obtaining license.
(4)

Notwithstanding

the cancellation oflicense

under this section,

the travel agent shall be liable for his acts, omissions and commissions prior to
the date of cancellation

of the license and he shall be proceeded against as

per the provisions of this Act.

Appeal against
order of the
competent
authority.

9.

Any person, aggrieved by an order passed by the competent

authority rej ecting application for grant of license or to comply with any term
or condition of the license or suspending?r

cancelling or refusing to renew the

/

license or any other order, may prefer an appeal against such order to the

---------~--~
-""",

LatestLaws.com

PUNJABGOVT. GAZ. (EXTRA), J~ARY

04,2013

17

(PAUSA 14,1934 SAKA)

Principal Secretary to Government of Punjab, Department of Home Affairs
and Justice, within such period, as may be prescribed.
10.
Magistrate

If any Executive Magistrate not below the rank of Sub-Divisional

or Gazettec

Superintendent

police

officer

not below

the rank of Deputy

of Police or any other officer authorized in ~his behalf by a

special order by the State Government has reason to believe from his personal
knowledge or uponinformation

Power to search,
seizure of
conveyance,
place and arrest
of persons.

&iven to him by any person and taken down, in

writing, that any document in respect of which an offence punishable under

this Act has been committed or any document or other article, which may
fu~ish

evidence

of commission

of such offence, is kept or ccmcealed in any

building, conveyance or place, he may, at any time-

(a )

enter into arid search any such building, conveyance or place;

(b )

break open any door or window of any house and remove any
obstacle to such entry in case of any resistance;

seize any document or substance or material used for fabrication

(e )

of any document which he has reason to believe ~o be liable to

, confiscation

under this Act and any other document or article

which he has reason to believe that it may furnish evidence of

the commission of any offence punishable under this Act; and SRQPONMLKJIHGFEDCBA
detain and search, and if he thinks proper, arrest any person

(d )

whom he has reason to believe to have committed any offence

.:punishable under this Act.
11.

A police officer, not below the rank of-a Deputy Superintendent

of Police, shall conduct investigation, which shall be completed by him within

a period of two months from the date of information

given to him by any

person. The police officer of the rank of Superintendent

of Police shall verify

Power of
investigation.

the investigation conducted by the investigating officer. An officer, not below

~.)to.

.~.

EDCBA

the rank of Senior SuperinteIlde~t of Police shall act as Nodal Officer for all
the investigations to be made under this Act.
12.

In jhe trial of offences under this Act, the

COUlt

shall decide that

any illegally acquired property, whether moveable or immoveable, is liable to

be confiscated

or not and if it decides that the property is so liable, it may

Procedure in
making
confiscation.

order confiscation of that property in the prescribed manner.

/.

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18

PUNJAB GOVT GAZ. (EXTRA), JANUARY 04,2013

(PAUSA 14,1934 SAKA)

Penalities.

13.

(1)

Whoever, contravenes the provisions of this Act or keeps

or uses the device for human smuggling, shall be punished with imprisonment
for a period not less than three years, which mayextend

to seven years and

with fine which may extend to fiveEDCBA

l a k h rupees.
(2)

Whoever attempts to commit any offence punishable under this

C l

Act or causes such offence to be committed and in such attempt, does any act
towards the commission of the offence, shall be liable to punishment specified
for the commission of the offence under this Act.
(3)

Whoever abets or is a party to a criminal conspiracy to commit

~

~ .

'

any offence punishable under this Act, shall, if that offence be not committed
in consequence
punishment

.-'

of such abetment or criminal conspiracy, be punished with

for a term, which 'may extend to one fourth part of the longest
I

:,

term and with fine provided for such offence under this Act.
(4)

Whoever,

having been convicted

of an offence

"

under any

provision of this Act, is again convicted of an offence under the same provision,

shall be punis.hable, for the second, and for each' subsequent offence, with
I

double the penalty, provided for that offence.

Awarding of
compensation.

14.

In addition to imposing any penaltyas

provided in section 13,

li

'the court may also award a reasonable amount of compensation to the aggrieved

if ./

person to be paid by the travel agent.

Offences by
15. (I) If the person committing any offence punishable under this
companies.SRQPONMLKJIHGFEDCBA

Act is a Company, every person, who at the time of commission of the offence,
was in-charge of, and responsible

>

I,'

tl(

il .

r: ._ .

to the Company for the conduct of its

I
~ .

.r-

business, as well as the Company, shall be deemed to be guilty of the offence

1

and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any

~ 0

i\
li
1\

such person liable to any punishment provided in this Act, ifhe proves that the'

I~ I,

" ,) . t ~

offence was committed without his knowledge or that he exercised all due

v.

---..

I~

diligence to prevent the commission of the offence\

f : ': : < ;

(2)

Notwithstanding anything contained in sub-section (1), where an

offence under this Act, has been committed by a Company and it is proved

'I

/-

that the offence has been committed with the consent or connivance of, or is
attributable to any negligence on the part of any Director, Manager, -Secretary

--

"--

" ; . ; . : '~ .

------

_f:::'~,~

/'

LatestLaws.com
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013

19

(PAUSA 14,1934 SAKA)

or any other officer of the Company, such Director, Manager, Secretary or
other officer, shall also be deemed to be gui Ity of that offence and shall be
liable to be proceeded against and punished accordingly.SRQPONMLKJIHGFEDCBA
E x p la n a tio n -Y e t
(a )

the purpose of this section-

"Company" means anybody corporate and includes a firm

or other association of individuals; and

(b )

16.

"Director" in relation to a firm means a partner in the firm.

Whoever gives to any public servant any information, which he

knows or believes to be false, intending thereby to cause, or knowing it to be

likely that he will thereby cause, such public servant(a )

to do or omit anything which such public servant ~ught not to do

or omit ifthe true state offacts respecting which such information
is given were known to him; or

(b )

False information,
with intend to
cause public
servant to use his
lawful power or
authority to the
injury of another
person.

to use-the lawful power of such public servant to the injury or

annoyance of any person, shall be punished rith imprisonment
for a term which may extend to six months and with fine.

17.

The punishment for an offence under th is Act, shall be without

prejudice to any other action, which has been or which may be taken under
.

this Act, with respect to such offence.

18.

(1)

Th e State Government may, by notification in the Qfficial

Gazette, make rules for carrying out the purposes of this Act.
(2)

In particular,

and without prejudice

to thy generality

of the

foregoing power, such rules may provide for all or any of the following matters,
~ Gnamely:(a)

prescribing

the manner, fee and documents

under sub-

( I ) of section 4;
section EDCBA

(b )

prescribing

the form of license under sub-section (2) of

section 4;
(c )

prescribing the manner of renewal of license under subsection (4) of section 4;

(d)

prescribing the manner for confiscation of property under

Punishment to be
without prejudice
to any other
action.
Power to make
rules.

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20

PUNJAB GOVT. GAZ.

JANUARY 04,2013

(E X T R A ),

(PAUSA 14,1934 SAKA)

section 12; and
(g)

(3)

any other matter which have to be or may be prescribed.

Every rule made under this Act, shall be laid, as soon as may be

after it is made before the House of the State Legislature, while it is in session,
for a total period often days, which may be comprised in one session or in two

or more successive sessions, and if, before the expiry of the session in which
it is so laid or the successive sessions as aforesaid, the House agrees in making
any modification

in the r~le, or the House agrees, that the rule should not be

made, the rule shall thereafter have effect 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 or omitted to be done under that rule.
Effect of other
laws.

19. (1) The provisions of this Act and'the rules made thereunder,
shall have effect, notwithstanding anything inconsistent therewith contained in

,..

'-

any other law for the time being in force or in any agreement or other instrument
.'

having effect
(2)

by

virtue of any other law.

Save as provided in sub-section

I
the provisions of this Act,

(I),

shall be in addition to, and not in derogation of, any other law for the time
I

being in force.
!

Delegation.

20.

The State Government may, by notification, direct that any power

I

or function, which may be exercised or performed by it or by the competent

authority under this Act or the rules made thereunder may, in relation to such
.matters and subject to such conditions, if any, be also exercised or performed
by any officer or authority subordinate

to it, as, may be specified

in that

notification.
I

Protection of
action taken in
good faith.

21. (1) No suit, prosecution

or other legal proceeding

shall lie

against any person for anything, which is done or intended to be done or order
issued in good faith in pursuance of the provisions of this Act or the rules
made thereunder,
\

...,.-: ,

(2)

Save as otherwise expressly provided under this Act, no suit or

other legal proceeding shall lie against the State Government for any damage
caused or likely to be caused by anything done or intended to be done or order

~~
t

.\

'

f:" SRQPONMLK

--_._-EDCBA
.~ .~

____________________________

,E ~ ~ ~

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PUNJAB

oovr.

GAZ. (EXTRA), JANUARY 04,2013

21

CPAUSA 14, 1934 SAKA)

issued in good faith in pursuance of the provisions of this Act or the rules
made thereunder.
22.

(1)

If any difficulty arises in giving effect to the provisions of

this Act, the State Government may, by order published in the Official Gazette,

',--

Power to remove
difficulties.

make such provision, not inconsistent with the provisions of this Act, as may
appear to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the
expiry of a period of two years from the date of commencement
(2)

of this Act.

Every order made under this section, shall be laid, as soon as

may be, after it is made, before the Legislative Assembly.

H.P.S. MAHAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.SRQPONMLKJIHGFEDCBA

O I2 6 1 1 -2 0 J 3 IP b ,

Y ' .

G o v t. P r e s s

S.A.s.

N agar

EDCBA

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----~----

-----