PUNJAB GOVT. GAZ. (EXTRA),AUGUST21, 2013 1033(SRVN 30, 1935 SAKA)

GOVERNMENT OF PUNJAB

DEPARTMENT OF HOME AFFAIRS AND JUSTICE(HOME-5 BRANCH)

NOTIFICATION

The 20th August, 20 13

No. G.S.R.46/P.A.212013/S.18/2013.- In exercise of the powersconferred by section 18 of the Punjab Prevention of Human Smuggling Act,2012 (Punjab Act No. 2 of 20 13) and all other powers enabling him in thisbehalf, the' Governor of Punjab is pleased to make the following rules forregulating the trade of travel agencies or consultancies and ticketing agent tocarry out the other purposes of the aforesaid Act, namely: -

RULES

1. Short title and commencement- (1) These rules may be called the PunjabPrevention of Human Smuggling Rules, 2013.

(2) They shall come into force on and with effect from the date of theirpublication in the Official Gazette.

2. Detinitions.- (I) In these: rules, unless the context otherwise requires:-

(a) "Act" means the Punjab Prevention of Human Smuggling Act, 2012;

(b) "Form" means the form, appended to these rules;

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(c) "lATA" me~ns the International Air Transport Association;

(d) "N.R.I." means a person as defined in the Punjab State Commissionfor Non-Resident Indians Act, 2011 (Punjab Act No. 33 of20 11);

(e) "TAAI" means the Travel Agents Association of Ind ia; and

(t) "TAFI" means the Travel Agents Federation of India.

(2) The words and expressions used in these rules, but not defined,shall have the same meaning as assigned to them in the Act.

3. Application for grant of license.- (l) A person, who desires to undertake Section 4( I)

the profession of a travel agent or consultancy or of a ticketing agent, as thecase may, under these rules, or a person, who is already in any of the aforesaidprofessions on the date of-commencement ofthe Act, shall make an application .

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1034 PUNJAB GOVT. GAZ. (EXTRA),AUGUST21, 2013(SRVN 30, 1935 SAKA)

to the competent authority in Form-I.

(2) A person making an application under sub-rule (I):-

(i) shall enclose in the shape of a Demand Draft in favour of thecompetent authority:-

(a) a fee of rupees one lac (for firms which have b~en in existencefor more than five years as a travel agent or consultancy);

(b) a fee of rupee twenty-five thousand ( for firms which havebeen in existence for less than five years as a travel agent orconsultancy); and

(c) a fee of rupee twenty-five thousand for ticketing agent.

(ii) shall submit the following documents alongwith his application forgrant of license, namely :-

(a) residence certificate issued by the competent authority of thearea concerned;

(b) documents indicating proof of age, such as, birth certificate or. matriculation certificate, as the case may be;

(c) proof of identity such .as Voter Identity Card or Adhaar Cardor Ration Card, as the case may be;

(d) copy of Passport, if possessed by such person;

(e) three passport size photographs;

(t) copy of PAN Card;

(g) income tax returns of the last three years;

(h) bank statement of the previous year; and

(i) to satisfy the creditability aspect he shall give an undertakingin a shape of an affidavit duly attested by the ExecutiveMagistrate stating that he was never convicted in any criminalcase nor any criminal proceedings are pending against him inany Court of law and any other declaration to be made by himas required by competent authority to ensure the creditabilityaspect of the person.

PUNJAB GOVT. GAZ. (EXTRA), AUGUST 21, 2013 1035(SRVN 30, 1935 SAKA)

(3) If a person including NRI's, who is already in the profession of atravel agent or consultancy applies for a license under these rules, he shallsubmit a Xerox copy (duly attested) of the certificate issued by the lATA,TAAI and TAFl, as the case may be, ifalready registered,~ith them, alongwithhis application.

(4) A person, who intends to undertake the profession under these rules,shall have sufficient arrangements to maintain record of his clients in electronicform, such person should be capable to make available a soft copy of the sameto the person, who approaches him for services under these rules, and onecopy thereof, shall be retained by him for their own record.

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4. Issuance of license> (1) If the Competent Authority is satisfied with the Section 4(2)

.information provided by the applicant, he shall issue a license in Forrn-Il withina period of ninety days, subject to the following terms and conditions, namely:-

That the applicant:- .

(i) is a citizen ofIndia:

Provided that a N.R.I may also make an application for obtaining alicense under these rules, subject to the following conditions, in additionto the conditions specified below in clauses (ii) to (viii), namely:-

(a) give his Social Security Number issued by the country, wherehe has immigrated, duly authenticated by the competent

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authority of such country;.(b) give due permission issued by the country, where he has

immigrated, for carrying out the profession of travel agencyor consultancy in Indiaunder these rules; a,nd

(c) give permission issued by the Reserve Bank of India, if suchN.R.!, takes the remuneration received as fee from the personsto whom such N .RJ, has rendered service, outside the territory

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oflndia;

(ii) is not of unsound mind at the time of making application for issuanceof a license under these rules;

{iii) is not insolvent or a bankrupt;

(iv) has no involvement in any crime as per police records;

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(v) does not hold an office of profit either under the Government of

India or any State Government;

(vi) has not been barred from carrying out this profession by any agency

regulating this profession;

(vii) has adequate space/accommodation, which shall not be less thanlSft. X 20 ft. of size, either owned or is taken Oil 'rent, by suchperson, as the case may be, to carry on the profession under these

rules:

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Provided that such space/accommodation shall be located in thecommercial area of a city or town or any other such area, accessible toany person Witl.lOutany difficulty, who approaches for services under

these rules:

Provided further that for proof of such space/accommodation, the

person shall attach with his appl ication the ownership proof of such spaceor a rent deed which 'shall not be less than for a period of three yearsfrom the date of making an application for license'l!nder these rules, as

./ t-the case may be:

Provided further that such space/accommodation, shall duly beregistered under the Punjab Shops and Commercial Establishments Act,1958 (Pu jab Act No. 15 of 1958); and

(viii) does not fall in any of the conditions as specified in clauses (b) to(g) of sub-section (I) of section 6 of the Act.

(2) Notwithstanding anything contained in sub-rule (1), the competentauthority may ask the person in writing, who has applied for a license underthese rules, to bring forth any other document as it may deem fit, which isOnecessary to meet the statutory requirements, keeping in view the facts andcircumstances of the case.

(3) The person, to whom a license is granted by the competent authority,shall carry out the profession either himself or through authorised person:

Provided that if a Iicensee intends to run the travel agency or consultancyand ticketing agent as the case may be, through an authorised person, in thatcase the licensee shall get the antecedents of such person verified through thepolice of the area concerned, and shall also obtain a Bond from person duly

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PUNJAB GOVT. GAZ. (EXTRA),AUGUST21 , 2013(SRVN 30, 1935 SAKA)

1037

. s in order to secureit essed by two persons, who are income tax assesse , _.WI n . . '. h foresaidpecuniary losses caused by such person to any client, who VISit the at

travel agency or consultancy and ticketing agent, as the case may be.

_ (4) If any application made under sub-rule (1) is found to be incorrect

\~:-lor incomplete, the competent authority may reject such app\ ication by passing. \ .

an order in writing,. specifying the reasons therefor. The competent authority

shall, however, afford an opportunity of being heard to the applicant before

passing such order.

(5) A person, to whom a license is granted under these rules, shall

maintain the record of his clients, for a minimum period offive years.

(6) A person, to whom a license is granted under these rules, shall give

details of his clients, to whom he has rendered services, on monthly basis to

the competent authority with a copy thereof to the State Government, along

with the details offee charged from said clients.

5. Duration of license.- (I) A license issued under sub-section (2) of section Section 4(4)

4, shall be valid for a period offive years from the date of its issue.

(2) The application for renewal of a licenseshall duly be made in Form-

1II, two month in advance from the date of its expiry, alongwith the followingdocuments, namely:- I .

(i) self-attested photocopy of the license;(ii)

" mcome-tax == for the last three years; and(iii)

rr-. (3) ~tatement of bank aCCOunt for the last· two years.\y 1he applicant 1 11

renewal ofhis r s la ellclosed-8 fee f'Jcense in th 0 rupees fift hauthority. ' e shape of Dem d een r Ol/sand p

an Draft· c: , JOrIn lavOurofth

ecompetent

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(4) The Competent .the police . authonty rnav h. 01 any other . J> owever, make fr

license under these I authonty, as it may dee t~ urtherenquiries fromru es, m It, beta' "

6 A - le renewal of. ppeal.- (I) A el'S . a

authority for:- p on aggneved of an d"Or er paSsed b "

(I) re' . y the competentUectJon ofap I' .

P IcatlOn c .IQ[ grant of I'

Icense;

Section 9

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Section 12

1038 PUNJAB GOVT. GAZ. (EXTRA),AUGUST21, 2013(SRVN 30,1935 SAKA)

(2) non-compliance of any terms and conditions ofa license;

(3) suspension oflicense;

(4) cancellation of license;

(5) refusal for renewable of license; or e(6) any other matter,

may file an appeal against such order before the Principal Secretary toGovernment of Punjab, Department of Hom~ Affairs and Justice, within aperiod of thirty days from the date of passing Of such order in Form-IV.

(2) The appellant shall enclose a fee of rupees one thousand in theshape of a Demand Draft in favour of the Principal Secretary to Governmentof Punjab, Department of HOnleAffairs and Justice, payable at Chandigarh.~7. Confiscation of illegal acquired property- (1) Ifit is established duringtrial of an offence under the.Act that any property either movable or immovable,as the case may be, has illegally been acquired by a lic,:nsee, the court shallpass an order for confiscation of such property. ~

(2) For passing such orders, the court sljall follow the procedure as laiddown in Chapter YHA of the Code of Criminal Procedure, 1973 (Central Act. I .No. 2 of 1974), pertaining to seizure/forfeiture 'of property, for the purposes ofconfiscation of property under the Act.

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PUNJAB GOVT. Gf\.Z. (EXTRA),AUGUST21, 2013(SRV1~30,1935 SAKA)

1039

FORM-I

[See rule 3(1)]

APPLICATION FORM FOR GRANT OF LICENSE

Affix passport sizephoto of the

applicant

l. Name of the applicant

2. Father's name

( 3. Permanent residential address

4. Temporary residential address;ifany

5. Police Station concerned

6. Post Office concerned

7. Present financial statusof the applicant (in few words)

8. Passport details of the applicant

C~ (if any)

9. Details of Demand Draft n.D.No. Dated----------- ----------Name of the Bank ----------------------

10. Has the applicant is ever deniedLicense under these rules, if so,give 'detai Is therefor

11. Details of the relatives of theapplicant, ifliving abroad withpostal address

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1040 PUNJAB GOVT. GAZ. (EXTRA),AUGUST21, 2013(SRVN 30, 1935 SAKA)

12. Details of any criminalproceedings pending againstthe applicant, ifany

13. Has the applicant ever beenconvicted by any court? If so,details thereof

Surety of two persons, who shall be income tax assesses, alongwith their PAN CardNumber and their complete residential address, namely:-I.

2.

List of documents attached as per sob-rule (2) of rule 3, namely:-1. .....

~.2. ~

3.4.S.6.7.8.9.10.

Signature of the applicant

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PUNJAB GOVT. GAZ. (EXTRA), AUGUST 21, 2013 1041(SRVN 30,1935 SAKA)

FORM-II[See rule 4( I)]

LICENSE FOR TRAVEL AGENCYI Affix passport size

CONSULTANCY/TICKETING AGENT photo of the Licensee<

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License .No. ----------------------------~Shri/Smt. . son/daughter/w ife of

Shri resident of--------------.-------- -----------------------------

i\,

II

is authorised under the Punjab Prevention of Human Smuggling Rules, 2013, framed under

the Punjab Prevention of Human Smuggl ing Act, 2012 to carry out the profession of travel

agency Iconsultancy/ticketing agent _

(address of the shop to be given at the space left blank by the licensing authority) on and with

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effect from the ----- day of 20 _

Date of expiry

IssuingAuthority .:

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1042 PUl--rJABGOVT. GAZ. (EXTRA), AUGUST 21, 2013(SRVN 30, 1935 SAKA)

FORM-Ill

[See rule 5(2)]

APPLICATION FORM FOR RENEWAL OF LICENSE

Affix passport sizephoto of the

Licensee

I. Name of the applicant

2. .Father's name1

3. Permanent residential address

4. Temporary residential address,.-/

ifany

5. Police Station concerned

6. Post Office concerned

7. Present financial status of the

applicant (in few words)

8. Passport details of the applicant

..;! ~(if any)

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9. ' Details of Demand Draft D.D.No.

Name of the Bank

10. Details of any criminal

proceedings pending against

the applicant, if any

_______ Dated, --=-_

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PUNJAB GOVT. GAZ. (EXTRA),AUGUST21,2013 1043(SRVN 30, 1935 SAKA)

11. Has the applicant ever been

convicted by any court? If so,

details thereof-.,.......

-), Surety of two persons, who shall be income tax assesses, alongwith their PAN Card

Number and their complete residential address, namely:-I.

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2.

List of documents attached as per sub-rule (2) of rule 5, namely:-

I.

2.

.•. 3.

4.•

5.

Signature of the applicant-'

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1044 PUNJAB GOVT. GAZ. (EXTRA), AUGUST 21,2013(SRVN 30, 1935 SAKA)

FORM-IV

[See rule 6]

APPEAL AGAINST THE ORDERS OF _l.

2.

3.

Name of the applicant

Father's name

Permanent residential address

4. Temporary residential address,ifany

S. Police Station concerned

6. Post Office concerned

7. Details of fee:.\

D.D.No: DatedName of the Bank. _

Grounds of Appeal(to be given by the appellant in the space left blank),

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List of documents attached>1. Cel~ified copy of the order, passed by the _2.

3.4. I'

Dated: -----Place: -----

Signature of the appellant

VERIFICATION:-Signature of the appellant

D.S. BAINS,Principal Secretary to Government of Punjab,

Department of Home Affairs and Justice.

0298/08-20 I 31Pb. Cow. Press, S.A.s. Nagar

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