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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013
11
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
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)
SmugglingAct,2012.
(2)
(a )
(b )
"dependent"
Definitions.
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12
(e )
(j)
(i)
a dependent
of an emigrant,
whether
such dependent
accompanies
for
(ii)
(g )
in their welfare, by
(i)
(j)
(k )
(1 )
"State Government"
of the State of
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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013
13
which
(a)
(b )
(ii)
providing
means of transportation
for travel to a
providing
consultancy
to the
(d )
(i)
acquiring education;EDCBA
I
(ii)
(iii)
(iv)
(v)
(vi)
transmission,
communication
or
. internet; or
.. v
~'l~
e,
(e )
! . 'L
arranging
matrimonial
alliances
and adoptions
for the
purpose of emigration; or
(g)
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14
! .
acting as freelancing
orSRQPONMLKJIHGFEDCBA
License.
3.
of this Act,
under sub-section
(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'
for grant of license after removing the defects pointed out by it.
I
I
(3)
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'-,
or office. However,
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"-
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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013
15
information.
6.
(a)
(b )
(e )
(d)
or
(f)
(g)
purpose of clause
(f),
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)
'--"( c) of sub-section
(1 )
in clause
s u o -m a lo
or
(I),
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.
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16
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
competent authority.
(4)
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)
issued to any person has been cancelled, such person shall be debarred from
7.
Surrendering of
license.
8.
(1)
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)
published EDCBA
b y the competent authority in two daily newspapers having wide
circulation in the locality concerned.
(3)
to refund of fee deposited by him at the time of submitting his application for
obtaining license.
(4)
Notwithstanding
the travel agent shall be liable for his acts, omissions and commissions prior to
the date of cancellation
9.
authority rej ecting application for grant of license or to comply with any term
or condition of the license or suspending?r
license or any other order, may prefer an appeal against such order to the
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04,2013
17
Superintendent
police
officer
not below
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.
evidence
of commission
(a )
(b )
break open any door or window of any house and remove any
obstacle to such entry in case of any resistance;
(e )
(d )
Power of
investigation.
.~.
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.
COUlt
Procedure in
making
confiscation.
/.
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18
Penalities.
13.
(1)
or uses the device for human smuggling, shall be punished with imprisonment
for a period not less than three years, which mayextend
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)
~ .
'
any offence punishable under this Act, shall, if that offence be not committed
in consequence
punishment
.-'
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,
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
14.
li
'the court may also award a reasonable amount of compensation to the aggrieved
if ./
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: ._ .
I
~ .
.r-
~ 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.
---..
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(2)
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
--
"--
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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013
19
(b )
16.
(b )
False information,
with intend to
cause public
servant to use his
lawful power or
authority to the
injury of another
person.
17.
prejudice to any other action, which has been or which may be taken under
.
(1)
Gazette, make rules for carrying out the purposes of this Act.
(2)
In particular,
to thy generality
of the
foregoing power, such rules may provide for all or any of the following matters,
~ Gnamely:(a)
prescribing
under sub-
( I ) of section 4;
section EDCBA
(b )
prescribing
section 4;
(c )
(d)
Punishment to be
without prejudice
to any other
action.
Power to make
rules.
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r .
20
JANUARY 04,2013
(E X T R A ),
(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
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
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.
in that
notification.
I
Protection of
action taken in
good faith.
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)
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
.\
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f:" SRQPONMLK
--_._-EDCBA
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____________________________
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PUNJAB
oovr.
21
(1)
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.
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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