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AN
ACT
to provide for the regulation of the profession of travel agents with a
view to check and curb their illegal and fraudulent activities, and
malpractfces of the persons involved in the organized human smuggling
in the State of Punjab and for the matters connected therewith or
incidental thereto.
SmugglingAct,2012.
(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;
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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013 13
(PAUSA 14,1934 SAKA)
{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:-
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(e) holding of seminars or delivering of lectures to promote
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emigration or rendering assistance for such purposes; or
(4) The validity ofa license shall be for a period of five years, which
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shall be renewable for the said period in such manner, as may be prescribed.
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Endorsement of 5. If a person, who.has obtained a license under this Act for doing
branches or the profession of a travel agent at one place in a &istrict, subsequently opens
offices.
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, , \
Travel agent to 7. If any travel agent wants to give advertisement or publicity with
inform the regard to his profession or to hold seminar in respect thereof, he shall have to
competent
authority. inform the competent authority, in writing, by giving complete details or contents
thereof.
Surrendering of 8. (1) A travel agent may surrende his license at any time after
license. 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.
(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.
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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. If any Executive Magistrate not below the rank of Sub-Divisional Power to search,
Magistrate or Gazettec police officer not below the rank of Deputy seizure of
conveyance,
Superintendent of Police or any other officer authorized in ~his behalf by a place and arrest
special order by the State Government has reason to believe from his personal of persons.
knowledge or uponinformation &ivento 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- I
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(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; I
(d) detain and search, and if he thinks proper, arrest any person
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 Power of
investigation.
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
o person. The police officer of the rank of Superintendent of Police shall verify
the investigation conducted by the investigating officer. An officer, not below
~.)to. the rank of Senior SuperinteIlde~t of Police shall act as Nodal Officer for all
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the investigations to be made under this Act.
12. In jhe trial of offences under this Act, the COUlt shall decide that Procedure in
any illegally acquired property, whether moveable or immoveable, is liable to making
confiscation.
be confiscated or not and if it decides that the property is so liable, it may
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 five lakh rupees.
any offence punishable under this Act, shall, if that offence be not committed .-'
in consequence of such abetment or criminal conspiracy, be punished with
punishment for a term, which 'may extend to one fourth part of the ·longest
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term and with fine provided for such offence under this Act.
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Offences by 15. (I) If the person committing any offence punishable under this tl( ,
companies.
Act is a Company, every person, who at the time of commission of the offence, ilr: ._.. .
was in-charge of, and responsible to the Company for the conduct of its ~.
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business, as well as the Company, shall be deemed to be guilty of the offence .r-
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and shall be liable to be proceeded against and punished accordingly: i\
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Provided that nothing contained in this sub-section shall render any
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such person liable to any punishment provided in this Act, ifhe proves that the'
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",).t ~ offence was committed without his knowledge or that he exercised all due I~
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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
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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.
Explanation-Yet the purpose of this section-
(a) "Company" means anybody corporate and includes a firm
or other association of individuals; and
(b) "Director" in relation to a firm means a partner in the firm.
16. Whoever gives to any public servant any information, which he False information,
with intend to
knows or believes to be false, intending thereby to cause, or knowing it to be
cause public
likely that he will thereby cause, such public servant- servant to use his
lawful power or
(a) to do or omit anything which such public servant ~ught not to do authority to the
or omit ifthe true state offacts respecting which such information injury of another
is given were known to him; or person.
17. The punishment for an offence under th is Act, shall be without Punishment to be
prejudice to any other action, which has been or which may be taken under without prejudice
. J to any other
this Act, with respect to such offence. action.
18. (1) Th e State Government may, by notification in the Qfficial Power to make
rules.
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-
section (I) of section 4;
(b) prescribing the form of license under sub-section (2) of
section 4;
(c) prescribing the manner of renewal of license under sub-
section (4) of section 4;
(3) 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 19. (1) The provisions of this Act and'the rules made thereunder,
laws. ,..
shall have effect, notwithstanding anything inconsistent therewith contained in
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any other law for the
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time being in force or in any
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agreement
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or other instrument
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being in force.
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Delegation. 20. The State Government may, by notification, direct that any power
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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.
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Protection of 21. (1) No suit, prosecution or other legal proceeding shall lie
action taken in
against any person for anything, which is done or intended to be done or order
good faith.
issued in good faith in pursuance of the provisions of this Act or the rules
made thereunder,
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(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 ~~ /
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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 Power to remove
this Act, the State Government may, by order published in the Official Gazette, difficulties.
make such provision, not inconsistent with the provisions of this Act, as may
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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 of this Act.
(2) 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.
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