Extension of the Punjab Prevention of Human Smuggling

Extension of the Punjab Prevention of Human Smuggling Act, 2012 and 2014.

The Gazette of India

CG-DL-E-07052026-272302

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 2171]

NEW DELHI, WEDNESDAY, MAY 6, 2026/VAISAKHA 16, 1948

MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 6th May, 2026

S.O. 2261(E).— In exercise of the powers conferred by section 87 of the Punjab Reorganisation Act, 1966 (31
of 1966), the Central Government hereby extends the Punjab Prevention of Human Smuggling Act, 2012 (Punjab Act
No. 2 of 2013) (hereinafter referred to as the principal Act) to the Union territory of Chandigarh from the date of
publication of this notification in the Official Gazette, subject to the following modifications, namely:—

1. This Act may be called the Punjab Prevention of Human Smuggling Act, 2012 (Extension to Chandigarh).

2. In the principal Act, save as otherwise expressly provided hereunder:—

(a) for the words “State”, “Punjab”, “State of Punjab”, wherever they occur, the words “Union territory of
Chandigarh” shall be substituted;

(b) for the words “State Government”, “Government”, “Government of Punjab in the Department of Home
Affairs and Justice”, wherever they occur, the words “Administrator” shall be substituted;

3. In the principal Act, in section 1, in sub-section (2), for the words “State Government”, the word “Administrator”
shall be substituted.

4. In the principal Act, in section 2,—

(a) clause (a) shall be renumbered as clause (aa) thereof and before the clause so renumbered, the
following clause shall be inserted, namely:—

‘(a) “Administrator” means the Administrator of the Union territory of Chandigarh appointed by the
President under article 239 of the Constitution;

(b) in clause (aa) as so renumbered, for the words and figures “section 415 and includes cheating by
personation as specified in section 416 of the Indian Penal Code, 1860”, (Central Act 45 of 1860)”
the words and figures “section 318 and includes cheating by personation as specified in section 319
of the Bharatiya Nyaya Sanhita, 2023” 45 of 2023” shall be substituted.

5. In the principal Act, in section 18, for sub-section (3), the following sub-section shall be substituted, namely:—

“(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session
or in two or more successive sessions, and, if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree 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.”.

6. In the principal Act, in section 22, in sub-section (2), for the words “Legislative Assembly”, the word “Parliament”

shall be substituted.
[F.No.U-11015/2/2025-UTL]
PRAVEEN KUMAR RAI, Jt. Secy

PART-I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS,
PUNJAB
NOTIFICAITON
The 4th January, 2013

No. 2-Leg./2013.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of
Punjab on the 4th January, 2013, is hereby published for general information:-

THE PUNJAB PREVENTION OF HUMAN SMUGGLLNG ACT, 2012
(Punjab Act No. 2 of 2013)
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 malpractices of the person involved in the organized human smuggling in the State of Punjab and for the
matters connected therewith or incidental thereto.

BE it enacted by the Legislature of the State of Punjab in the Sixty-third Year of the Republic of India as follows:-

1. (1) This Act may be called the Punjab Prevention of Human Smuggling
Act, 2012.

(2) It shall come into force on such date, as the State Government may,
by notification in the Official Gazette, appoint.

Short title and
commencement.

2. In this Act, unless context otherwise requires,- Definitions.

(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 45 of 1860);

(b) “competent authority” means an officer appointed by the State
Government, by notification, to be the competent authority for the
purpose of this Act;

(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
of these means, intended to be used or which my be used, as
evidence of that matter;

(f) “emigrant” means any citizen of India, who intends to emigrate or
emigrates or has 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 means and include illegally exporting,
sending or transporting persons out of 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) “Licensees” means a person to whom a license is granted under this
Act;

(k) “prescribed” means prescribed by rules made under this Act;

(l) “State Government” means the Government of the State of Punjab
in the Department of Home Affairs and Justice; and

(m) “travel agent” means a person doing the profession which involves
arranging, managing, or conducting affairs relating to sending

persons aboard 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) selling air travel tickets; and

(ii) providing means of transportation for travel to a foreign
country by land or sea; or

(i) acquiring education;
(ii) undertaking a pleasure 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
(d) 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
(e) Holding or seminars or delivering of lectures to promote
emigration or rendering assistance for such purposes; or
(f) arranging matrimonial alliances and adoptions for the purposes of
emigration; or
(g) arranging travel of any person from India to abroad for any
purpose whatsoever; or
(h) acting as freelancing type tout for any of the purposes mentioned
in clauses (a) to (g).

Regulation of
profession of a
travel agent.

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. (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 such fee
and containing such documents as may be prescribed.

(2) If the competent authority is satisfied that the application made under
sub-section (1) is in order, it shall issue a license 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
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 another application to the competent authority
for grant of license after removing the defects pointed out by it.

(3) No license shall be issued to a person under sub-section (2), unless the
particulars and documents given by him, in his application, are verified by
the police.

(4) The validity of a 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. If a person, who has obtained a license under this Act for doing the
profession of a travel agent at one a place in a district, 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 District Magistrate of the district concerned, where a new branch or
office has been opened and shall obtain an acknowledgement 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,-

Cancellation or
suspension of
license

(a) become insolvent or bankrupt; or
(b) indulged or abetted, directly or indirectly into any act, which is
prejudicial to the interest of India or to its security; or
(c) been convicted by a court for any criminal offence; or
(d) obtained or got renewed the license on misrepresentation or
suppression 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; or
(g) failed to do the profession of travel agent for a 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.
Explanation.- For the 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 in clause (c) of subsection (1) and the conviction is set aside by the appellate court, the
competent authority may restore the license to the licensee suo-moto 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 (1), is pending with it for consideration,
it may be 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 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 of license
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 surrender his license at any time after its issuance
by giving two months’ notice to the competent authority and on the expiry
of the notice period, the license shall be deemed to have been cancelled.

(2) The fact of cancellation of license under sub-section (2) shall be
published by the competent authority in two daily newspapers having wide
circulation in the locality concerned.

(3) On the cancellation of license, 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 of license under this section, the travel
agent shall be liable for his acts, omission 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
rejecting application for grant of license or to comply with any term or
condition of the license or suspending or cancelling or refusing to renew the
license or any other order, may prefer an appeal against such order to the
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
Magistrate or Gazetted police officer not below the rank of Deputy
Superintendent of Police or any other officer authorized in this behalf by a
special order by the State Government has reason to believe from his
personal knowledge or upon information given 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 furnish evidence of commission of such offence, is kept
or concealed in any building, conveyance or place, he may, at any timePower to search
seizure of

conveyance,
place and arrest
of persons.

(a) enter into and 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;

(c) seize any document or substance or material used for fabrication of
any document which he has reason to believe to 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

(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 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 the investigation conducted by the investigation officer. An officer,
not below the rank of Senior Superintendent of Police shall act as Nodal
officer for all the investigations to be made under this Act.

Power of
investigation.

12. In the trial of offences under this Act, the court 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
order confiscation of that property in the prescribed manner.

Procedure in
making
confiscation.

Penalties.

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 may extend to seven years and with
fine which may extend to five lakh rupees.

(2) Whoever attempts to commit any offence punishable under this Act or
cause 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 of such abetment or criminal conspiracy, be punished with
punishment for a term, which may extend to one fourth part of the longest
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
punishable, for the second, and for each subsequent offence, with double the
penalty, provided for the offence.
Awarding of
compensation.
14. In addition to imposing any penalty, as provided in section 13, the court
may also award a reasonable amount of compensation to the aggrieved
person to be paid by the travel agent.

Offences by
companies.

15 (1) If the person committing any offence punishable under this Act is a
Company, every person, who at time of commission of the offence, was incharge of, and responsible to the Company for the conduct of its business,
as well as the Company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of the offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act, has been committed by a Company and it is proved 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 any other officer of the Company, such Director, Manager,
Secretary or other officer, shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation. – For 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 knows
or believes to be false, intending thereby to cause, or knowing it to be likely
that he will thereby cause, such public servant –

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

(a) to do or omit anything which such public servant ought not do or
omit if the true state of facts respecting which such information is
given were known to him; or

(b) to use the lawful power of such public servant to the injury or
annoyance of any person, shall be punished with imprisonment for
a term which may extend to six months and with fine.

17. The punishment for an offence under this 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.

Punishment to be
without prejudice
to any other
action.

18. (1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
Power to make
rules.

(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely: –

(a) prescribing the manner, fee and documents under sub-section (1) 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;
(d) Prescribing the manner for confiscation of property under section
12; and
(g) any other matter which have to be or may be prescribed.
(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 of ten 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 rule, or the House agrees, that the rule

Offences by
companies.

(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.

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

(a) to do or omit anything which such public servant ought not do or
omit if the true state of facts respecting which such information is
given were known to him; or

(b) to use the lawful power of such public servant to the injury or
annoyance of any person, shall be punished with imprisonment for
a term which may extend to six months and with fine.

17. The punishment for an offence under this 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.

Punishment to be
without prejudice
to any other
action.

18. (1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
Power to make
rules.

(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely: –

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 by virtue of any other law.

(2) Save as provided in sub-section (1), the provisions of this Act, shall be
in addition to, and not in derogation of, any other law for the time being in
force.

Delegation. 20. The State Government may, by notification, direct that any power or
function, which may be exercised for 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.

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 rule made
thereunder.

(2) Save as otherwise expressly provide 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 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, make
such provision, not inconsistent with the provisions of this Act, as may
appear to be necessary or expedient for removing the difficulty:

Power to remove
difficulties.

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.

NOTIFICATION
New Delhi, the 6th May, 2026
S.O. 2262(E).— In exercise of the powers conferred by section 87 of the Punjab Reorganisation Act, 1966 (31
of 1966), the Central Government hereby extends the Punjab Prevention of Human Smuggling (Amendment) Act, 2014
(Punjab Act No. 11 of 2014) (hereinafter referred to as the principal Act) to the Union territory of Chandigarh, as in
force in the State of Punjab from the date of publication of this notification, subject to the following modifications,
namely:—
1. This Act may be called the Punjab Prevention of Human Smuggling (Amendment) Act, 2014 (Extension to
Chandigarh).
2. In the principal Act, save as otherwise expressly provided hereunder,—
(i) in section 2, for the words and figures “the Punjab Prevention of Human Smuggling Act, 2012”, the words,
figures and brackets “the Punjab Prevention of Human Smuggling Act, 2012 (as extended to the Union
Territory of Chandigarh)” shall be substituted;

(ii) (a) for the words “State”, “Punjab”, “State of Punjab”, wherever they occur, the words “Union Territory
of Chandigarh” shall be substituted;
(b) for the words “State Government”, “Government”, “Government of Punjab in the Department of
Home Affairs and Justice”, wherever they occur, the word “Administrator” shall be substituted.

[F.No.U-11015/2/2025-UTL]
PRAVEEN KUMAR RAI, Jt. Secy.

PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 23rd May, 2014
No.11-Leg./2014.- The following Act of the Legislature of the State of Punjab received the assent of the
Governor of Punjab on the 7th Day of May, 2014, is hereby published for general information:-
THE PUNJAB PREVENTION OF HUMAN SMUGGLING (AMENDMENT) ACT, 2014
(Punjab Act No. 11 of 2014)
AN
ACT

further to amend the Punjab Prevention of Human Smuggling Act, 2012.
BE it enacted by the Legislature of the State of Punjab in the Sixty-fifth Year of the Republic of India, as follows:-
1. (1) This Act may be called the Punjab Prevention of Human Smuggling
(Amendment) Act, 2014.

Short title and
commencement.

(2) It shall come into force at once.

2. In the Punjab Prevention of Human Smuggling Act, 2012 (hereinafter
referred to as the principal Act), in the long title, for the words “THE
PUNJAB PREVENTION OF HUMAN SMUGGLING”, the words “THE
PUNJAB TRAVEL PROFESSIONALS’ REGULATION” shall be
substituted.

Amendment in the long
title of Punjab Act 2 of
2013.

3. In the principal Act, in the first line of the preamble, for the words “travel
agents”, the words and signs “travel agents”, coaching institutes of IELTS,
ticketing agents and general sales agents of airlines” shall be substituted.
Amendment in the

preamble of Punjab Act
2 of 2013.

4. In the principal Act, in section 6, after sub-section (5), the following subsection shall be added, namely:-
Amendment in the
section 6 of Punjab Act

2 2013.

“(6) If the licence is suspended, then applications, which are under process
may be processed, but no new application shall be obtained.”

5. In the principal Act, in section 7, for the sign “.” appearing at the end, the sign
“:” shall be substituted and thereafter the following proviso shall be added,
namely:-
Amendment in section 7
of Punjab Act 2 of 2013.

“Provided that at the time of advertisement, if the license number is printed,
then prior information need not to be given to competent authority.”.

6. In the principal Act, the existing section 10 read as sub-section(2) of section
10 and sub-section(1) shall be inserted, namely:-
Amendment in section
10 of Punjab Act 2 of
2013.

“(1) When a complaint is received by the Deputy Commissioner in the first
instance may verify the same himself or get the same verified from the
Additional Deputy Commissioner or Sub-Divisional Magistrate concerned.”.
Amendment in section
10 of Punjab Act 2 of
2013.

7. In the principal Act, in section 13, in sub-section (1), for the words and sign
“not less than three years, which may extend to seven years”, the words ”
which may be extended upto seven years depending upon the crime or
offences committed” shall be substituted.

Amendment in section
13 of Punjab Act 2 of
2013.

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

Extension of the Punjab Prevention of Human Smuggling Act, 2012 and 2014.

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