Punjab Travel Professionals Regulation
Rules, 2013
Published
vide Notification No. G.S.R.46/P.A.2/2013/S.18/2013, dated 20th August, 2013
[20 August 2013]
Government of Punjab
Department of Home Affairs and Justice
(Home-5 Branch)
No. G.S.R.46/P.A.2/2013/S.18/2013. -
In exercise of the powers conferred by section 18 of the Punjab Prevention of
Human Smuggling Act, 2012 (Punjab Act No. 2 of 2013) and all other powers
enabling him in this behalf, the' Governor of Punjab is pleased to make the
following rules for regulating the trade of travel agencies or consultancies
and ticketing agent to carry out the other purposes of the aforesaid Act,
namely: -
Rule - 1. Short title and commencement.?
(1)
These rules may be called the
Punjab [Travel
Professionals' Regulation] Rules, 2013.
(2)
They shall come into force on and with
effect from the date of their publication in the Official Gazette.
Rule - 2. Definitions.?
(1)
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;
(c)
"IATA" means the
International Air Transport Association;
[(cc) "IELTS" means
the International English Language Testing System;]
(d)
"N.R.I." means a person
as defined in the Punjab State Commission for Non-Resident Indians Act, 2011
(Punjab Act No. 33 of 2011);
(e)
"TAAI" means the Travel
Agents Association of India; and
(f)
"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.
Rule - 3. Application for grant of license.?
(1)
A person, who desires to undertake the
profession of a travel agent or consultancy or of a ticketing agent, as the
case may, under these rules, or a person, who is already in any of the
aforesaid professions on the date of-commencement of the Act, shall make an
application 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 the competent authority:-
(a)
[a fee of rupees
one lac, for the firms, which are running travel agency or coaching
institutions of IELTS or consultancy, for a period of more than five years:
Provided that
the consultancy firm may either deposit the said amount of rupees one lac in
one installment or in five equal installments;
(b)
a fee of rupees twenty-five thousand,
for the firms, which are running Travel Agency or Coaching Institutions of
IELTS or Consultancy, for a period of less than five years:
Provided that
the Consultancy firm may either deposit the said amount of rupees twenty-five
thousand in one installment or an amount of rupees ten thousand in first
installment and the balance amount in four equal installments;
(c)
a fee of rupees one lac for the
Ticketing Agents, who are in the business of ticketing, for a period of more
than five years:
Provided that
the Ticketing Agents may either deposit the said amount of rupees one lac in
one installment or in five equal installments:
Provided further
that the Ticketing Agents, shall have to submit a monthly chart of the tickets
sold by them, either on domestic or international airlines, on internet to the
Deputy Commissioner concerned;
(d)
a fee of rupees twenty- five thousand,
for the Ticketing Agents, who are in the business of ticketing, for a period of
less than five years:
Provided that
the Ticketing Agents, may either deposit the said amount of rupees twenty-five
thousand in one installment or ten thousand in first installment and the
balance amount in four equal installments:
Provided further
that the Ticketing Agents, shall have to submit a monthly chart of the tickets,
sold by them, either on domestic or international airlines, on internet to the
Deputy Commissioner concerned;
(e)
a fee of rupees one lac for the firms,
which are running the business of general sales agents, for a period of more
than five years:
Provided that
the said general sales agents, may either deposit the said amount of rupees one
lac in one installment or in five equal installments; and
(f)
a fee of rupees twenty-five thousand
for the firms, which are running the business of general sales agents, for a
period of less than five years:
Provided that
the said general sales agents, may either deposit the said amount of rupees
twenty-five thousand, in one installment or ten thousand in first installment
and the balance amount in four equal installments.]
(ii)
[shall submit
the documents, for obtaining a license, as specified in form I- A.]
(3)
If a person including NRI's, who is
already in the profession of a travel agent or consultancy applies for a
license under these rules, he shall submit a Xerox copy (duly attested) of the
certificate issued by the IATA, TAAI and TAFI, as the case may be, if already
registered, with them, alongwith his application.
(4)
A person, who intends to undertake the
profession under these rules, shall have sufficient arrangements to maintain
record of his clients in electronic form, such person should be capable to make
available a soft copy of the same to the person, who approaches him for
services under these rules, and one copy thereof, shall be retained by him for
their own record.
Rule - 4. Issuance of license.?
(1)
If the Competent Authority is satisfied
with the information provided by the applicant, he shall issue a license in
Form-II within a period of ninety days, subject to the following terms and
conditions, namely:-
That the
applicant:-
(i)
is a citizen of India:
Provided that a
N.R.I may also make an application for obtaining a license under these rules,
subject to the following conditions, in addition to the conditions specified
below in clauses (ii) to (viii), namely:-
(a)
give his Social Security Number issued
by the country, where he has immigrated, duly authenticated by the competent
authority of such country;
(b)
give due permission issued by the
country, where he has immigrated, for carrying out the profession of travel
agency or consultancy in India under these rules; and
(c)
give permission issued by the Reserve
Bank of India, if such N.R.I, takes the remuneration received as fee from the
persons to whom such N.R.I, has rendered service, outside the territory of
India;
(ii)
is not of unsound mind at the time of
making application for issuance of a license under these rules;
(iii)
is not insolvent or a bankrupt;
(iv)
has no involvement in any crime as per
police records;
(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 than [100 sq.ft] of size,
either owned or is taken On 'rent, by such person, as the case may be, to carry
on the profession under these rules:
Provided that
such space/accommodation shall be located in the commercial area of a city or
town or any other such area, accessible to any person Without any difficulty,
who approaches for services under these rules:
Provided further
that for proof of such space/accommodation, the person shall attach with his
application the ownership proof of such space or a rent deed which 'shall not
be less than for a period of three years from the date of making an application
for license' under these rules, as the case may be:
Provided further
that such space/accommodation, shall duly be registered under the Punjab Shops
and Commercial Establishments Act, 1958 (Punjab 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.
(ix)
[***]
(2)
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 Licensee intends to run the travel agency or consultancy and ticketing agent
as the case may be, through an authorised person, in that case the licensee
shall get the antecedents of such person verified through the police of the
area concerned, and shall also obtain a Bond from person duly witnessed by two
persons, who are income tax assesses, in order to secure pecuniary losses
caused by such person to any client, who visit the aforesaid travel agency or
consultancy and ticketing agent, as the case may be.
(3)
If any application made under sub-rule
(1) if found to be incorrect or incomplete, the competent authority may reject
such application 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.
(4)
A person, to whom a license is granted
under these rules, shall maintain the record of his clients, for a minimum
period of five years.
(5)
A person, to whom a [license is granted for a
travel agency] 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 of fee
charged [from
said clients:].
[Provided that
the person, to whom a license is given for a Consultancy Firm, shall inform the
State Government on six monthly basis, giving details of his clients and the
fee charged therefrom:
Provided further
that the person, to whom a license is given for a Ticketing Agency, shall
inform the Deputy Commissioner concerned, on monthly basis, giving a monthly
chart of number of tickets sold by him for domestic or international airlines,
as the case may be, in electronic mode on his official email id:
Provided further
that each travel agent or consultant or ticketing agent, who has obtained a
license, shall maintain record of the fee charged and submit the same to the
competent authority or the State Government, as the case may be, in case a
complaint is received against such licensee.]
Rule - 5. Duration of license.?
(1)
A license issued under sub-section (2)
of section 4, shall be valid for a period of five years from the date of its
issue
(2)
The Application for renewal of a
license shall duly be made in Form-III, two month in advance from the date of
its expiry, alongwith the following documents, namely:-
(i)
self-attested photocopy of the license;
(ii)
income-tax returns for the last three
years; and
(iii)
statement of bank account for the last
two years.
(3)
The applicant shall enclosed a fee of
rupees fifteen thousand, for renewal of his license, in the shape of Demand
Draft in favour of the competent authority.
(4)
The competent authority may, however,
make further enquiries from the police or any other authority, as it may deem
fit, before renewal of a license under these rules.
Rule - 6. Appeal.?
(1)
A person aggrieved of an order passed
by the competent authority for:-
(1)
rejection of application for grant of
license;
(2)
non-compliance of any terms and
conditions of a license;
(3)
suspension of license;
(4)
cancellation of license;
(5)
refusal for renewable of license; or
(6)
any other matter, may file an
appeal against such order before the Principal Secretary to Government of
Punjab, Department of Home Affairs and Justice, within a period 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 the shape of a Demand Draft in favour of the Principal
Secretary to Government of Punjab, Department of Home Affairs and Justice,
payable at Chandigarh.
Rule - 7. Confiscation of illegal acquired property.?
(1)
If it is established during trial of an
offence under the Act that any property either movable or immovable, as the
case may be, has illegally been acquired by a licensee, the court shall pass an
order for confiscation of such property.
(2)
For passing such orders, the court
shall follow the procedure as laid down in Chapter VIIA of the Code of Criminal
Procedure, 1973 (Central Act No. 2 of 1974), pertaining to seizure/forfeiture
of property, for the purposes of confiscation of property under the Act.
Form-I
[See rule 3(1)]
Application form for Grant of License
|
Affix Passport Size
photo of the
applicant
|
1.
Name of the applicant
____________________________________
2.
Father's name
________________________________________________
3.
Permanent residential
address__________________________________
4.
Temporary residential address; if any ______________________________________
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) _______________________________
9.
Details of Demand Draft D.D.No.
----------- Dated ----------
Name of the Bank
----------------------
10.
Has the applicant is ever denied License
under these rules, if so, give details Is therefor
____________________________________
11.
Details of the relatives of the
applicant, if living abroad with postal address_______________________________
12.
Details of any criminal proceedings
pending against the applicant, if any_______________________________
13.
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:-
1.
__________________________________________________
2.
__________________________________________________
List of
documents attached as per sub-rule (2) of rule 3, namely:-
1. _______________________________
2.
_______________________________
3.
_______________________________
4.
_______________________________
5.
_______________________________
6.
_______________________________
7.
_______________________________
8.
_______________________________
9.
_______________________________
10.
_______________________________
Signature of the applicant
[Form-I-A
[See rule 3
(2)]
Part-1
1.
For proof of Residence (Copy of any one
of the following)
(i)
Residence Certificate ;or
(ii)
Voter I.D. Card ;or
(iii)
Aadhar Card/UID ;or
(iv)
Arms License ;or
(v)
Passport.
2.
For Proof of Identity (Copy of any one
of the following)
(i)
Voter I.D. Card ;or
(ii)
PAN Card;or
(iii)
Aadhar Card/UID ;or
(iv)
Arms License ;or
(v)
Passport.
3.
For Proof of Date of Birth (copy of any
one of the following)
(i)
Birth Certificate ;or
(ii)
Matriculation Certificate ; or
(iii)
Passport,That Only the Copy of
Passport is also acceptable as a single proof towards proof of
Identity, Address and Date of Birth.
4.
Other Documents:
(i)
Three passport size photographs ;
(ii)
Copy of Pan Card;
(iii)
Income Tax Return for minimum 1 year
and maximum 3 years; and
(iv)
Bank Account Statement of previous year
or since the inception of business, whichever is lesser.
5.
Proof of occupancy of business place
(Copy of any one of the following)
(i)
Copy of the ownership of the
accommodation; or
(ii)
Rent deed (if available) ; or
(iii)
Certificate from bank-certifying
holding of a current account and the business address on record; or
(iv)
Copy of registration under Shops and
Establishments Act (if available); or
(v)
Copy of Utility bills,
(a)
Electricity; or
(b)
Telephone/Broadband; or
(c)
Property Tax Receipts.
6.
Proof of constitution/operations of
business:
(1)
In case of Sole Proprietorship.-
(a)
Certificate from Charted Accountant
regarding sole proprietorship ; and
(b)
Certificate from Bank, certifying sole
proprietorship;
(2)
In case of Partnership Firm (Only the
managing partner shall apply).-
(a)
Copy of Partnership Deed; and
(b)
Certificate from other partners
authorizing at least one partner/ Manager to apply for and comply with the
requirements of licensing under the Act;
(3)
In case of a Private Limited Company or
a Limited Company, incorporated under the Companies Act, (only one of the
Directors or an Authorized Manager shall apply, for the license along with
required documents).
Part-II
Affidavit
I,______________S/o____________R/o_________________________
District ___________________, do hereby solemnly affirm and declare as under:
1.
That I am a *Citizen of India or a Non-
Resident Indian, as the case may be, and my date of birth is ____________.
2.
That I am operating as ticketing and
travel agent/ overseas education advisor/immigration consultant since
____________________, as and the owner/proprietor/director/ Manager of the
company _________, with its registered/head/main office located at:
________________.
3.
That I am applying for grant of license
under the Punjab Travel Professionals' Regulation Act, 2012. I undertake to
comply with all the provisions of the Act.
4.
That I have neither been convicted or
involved in any criminal case or complaints, as the case may be, related to my
trade/profession, nor there is any criminal proceeding pending against me in
any court of law till date.
5.
That I have not been barred from
carrying out this profession by any agency regulating this profession.
6.
That I am a person of sound mind and
was never declared as insolvent or bankrupt.
7.
That I do not hold any office of profit
either under the Government of India or any State Government.
8.
That I have adequate
space/accommodation, for running the said profession which is easily
accessible.
9.
That I have sufficient arrangement to
maintain records of my clients in electronic form, and will make available soft
copy of the same to any client or to any authorized person/ department, when
demanded.
10.
That I will do this business on my own
and not through any other person. If I would intend to carry out my profession
through an authorized person, then I will get the antecedents of such person
verified through the police of the area concerned, and shall also obtain a bond
from the said person duly witnessed by two persons, who are income tax
assesees.
11.
That I undertake that in case of any
advertisement or publicity with reference to my profession or to hold seminar
in respect thereof, I shall prominently display my license number and will
refrain from giving any misleading advertisements/ claims.
Deponent
Date:
Place:
Verification:
Verified
______________ day of _____________ 20____, that the information contained
above are true and correct to the best of my knowledge and nothing has been
concealed therein.
Deponent
Date:
Place:
(Tick ( );
whichever is applicable)
Part III
Resolution
(On letter head
of the company concerned)
It is hereby
resolved on ________ Day of _______________ 2014, in the board meeting of (Name
of the Company),-
(1)
that the company shall comply with the
provisions of the Punjab Travel Professionals' Regulation Act, 2012, and
further resolves that the license application, be made to the competent
authority, in whose jurisdiction, the head office of the company, is located.
(2)
that the Director of the company (Name
of the Director/Manager), be authorized, to apply for the license in his/her
name and complete all the formalities as prescribed under the Act.
(3)
that Mr./Ms. (___________ name
__________), will act on the behalf of the company and ensure that the
operations of the company, across all branch offices in Punjab, would comply
with the procedure prescribed under the Act and the rules.
For Name of the
Company
Name and
Signatures of All the Directors
Date:
Place:
Company
Seal/stamp.]
Form-II
[See rule 4(1)]
License For Travel Agency/Consultancy/Ticketing Agent
|
Affix Passport Size
photo of the
Licensee
|
License
.No.----------------------------
Shri/Smt._______________son/daughter/wife
of Shri ---------------------- resident of ----------------------------- is
authorised under the Punjab Prevention of Human Smuggling Rules, 2013, framed
under the Punjab Prevention of Human Smuggling Act, 2012 to carry out the
profession of travel
agency/consultancy/ticketing
agent______________________________(address of the shop to be given at the
space left blank by the licensing authority) on and with effect from the
______________ day of___________20______________
Date of
expiry___________________________________________
Issuing Authority
Form-III
[See rule 5(2)]
Application form for Renewal of License
|
Affix Passport Size
photo of the
Licensee
|
1.
Name of the applicant
_____________________________________
2.
Father's name ________________________________________________
3.
Permanent residential
address__________________________________
4.
Temporary residential address; if any
______________________________________
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) _______________________________
9.
Details of Demand Draft D.D.No.
----------- Dated ----------
Name of the Bank ----------------------
10.
Details of any criminal proceedings
pending against the applicant, if any_______________________________
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:-
1.
__________________________________________________
2.
__________________________________________________
List of
documents attached as per sub-rule (2) of rule 5, namely:-
1.
_______________________________
2.
_______________________________
3.
_______________________________
4. _______________________________
5.
_______________________________
Signature of the applicant
Form-IV
[See rule 6]
Appeal Against
the Orders of ______________________________________________
1.
Name of the
applicant___________________________________
2.
Father's
name________________________________________________
3.
Permanent residential
address_______________________________________
4.
Temporary residential address, if
any_________________________________________
5.
Police Station concerned
6.
Post Office concerned
7.
Details of fee D.D.No. -----------
Dated ----------
Name
of the Bank ----------------------
Grounds of Appeal
(to be given by the appellant in the space left blank)
List of
documents attached:-
1.
Certified copy of the order, passed by
the_____________________
2.
_________________________________________
3.
_________________________________________
4.
_________________________________________
Dated: -----
Place: -----
Signature of the appellant
Verification:-
Signature of the appellant