The Haryana Registration and Regulation of Travel Agents Act, 2025
The Haryana Registration and Regulation of Travel Agents Act, 2025
1. Short title and commencement
- (1) This Act may be called the Haryana Registration and Regulation of Travel Agents Act, 2025.
- (2) It shall come into force on the date of its publication in the Official Gazette.
2. Amendment of section 2 of Haryana Act 10 of 2025
In section 2 of the Haryana Registration and Regulation of Travel Agents Act, 2025 (hereinafter called the principal Act),-
- (i) for clauses
- (g) and (h), the following clauses shall be substituted, namely:- ‘(g) “document” means educational certificate, certificate for English language test for study, travel paper, visa, ticket or passport in physical or electronic form including digital record that may be used or intended to be used as evidence in support of qualification for the purpose of tourism or emigration under this Act;
- (h) “emigrant” means a citizen of India who intends to emigrate or emigrates or has emigrated outside India for any purposes such as study, tourism etc. excluding emigration for employment abroad governed under the Emigration Act, 1983 (Central Act 31 of 1983);’;
- (ii) for clause (o), the following clause shall be substituted, namely:- ‘(o) “travel agent” means any firm or company or unit or a person doing the profession which involves arranging, managing or conducting affairs relating to tourists or travelers visiting within the country or 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:-
- (a) processing of applications for or relating to grant of passport or visa except recruitment or emigration for employment abroad as governed under the Emigration Act, 1983 (Central Act 31 of 1983); 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 within the country or to a foreign country by land or sea; or
- (c) providing consultancy visa service or guidance to the person intending to go abroad for the following purposes except employment abroad-
- (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 except relating to employment abroad,; or
- (e) holding of seminars or delivering of lectures to promote emigration or rendering assistance for such purposes other than employment abroad; or
- (f) arranging matrimonial alliance and adoption for the purpose of emigration other than emigration for employment abroad; or
- (g) arranging travel of any person within the country or from India to abroad for purposes mentioned hereinbefore other than employment abroad; or
- (h) acting as freelancing type tout for any of the purposes mentioned in clauses
- (a) to (g).’.
3. Amendment of section 7 of Haryana Act 10 of 2025
In section 7 of the principal Act,-
- (i) in clause (g), for the sign “:” existing at the end, the sign and word “; or” shall be substituted; and
- (ii) after clause (g), the following clause shall be inserted, namely:- “(h) violated any provision of this Act:”.
4. Insertion of section 23 in Haryana Act 10 of 2025
After section 22 of the principal Act, the following section shall be added, namely:- “23. Act not in derogation of any other law.- The provisions of this Act shall be in addition to and not in derogation of provisions of any other Central Act for the time being in force except specifically provided under this Act and in case of any inconsistency in provisions other than specifically provided under this Act, the provisions of Central Act shall have overriding effect to the extent of inconsistency.”.
5. Power of competent authority
For the purposes of this Act, the competent authority shall have the power to summon and enforce the attendance of witnesses including the parties interested or any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
6. Registration of office or its branch
Any person who has obtained a registration certificate under this Act for doing the profession of travel agent subsequently opens other office or its branch at a place situated in same or other district, he shall be required to obtain a fresh registration certificate for such office or its branch.
7. Cancellation or suspension of registration certificate
- (1) The competent authority may cancel the registration certificate granted under this Act, on an application made to it by any person or otherwise on information that the travel agent has,-
- (a) become insolvent or bankrupt; or
- (b) indulged or abetted, directly or indirectly into an act, which is prejudicial to the interest of India or its security; or
- (c) found involved in human smuggling or in preparation of forged documents; or
- (d) been convicted by a Court for any criminal offence; or
- (e) obtained or got renewed the registration certificate by misrepresentation or suppression of any material fact; or
- (f) violated any of the terms and conditions of the registration certificate; or
- (g) failed to do the profession of travel agent for a continuous period of one year: Provided that before cancellation of the registration certificate, a show cause notice shall be issued to the travel agent to explain his position within seven days from the receipt of notice as to why his registration certificate may not be cancelled.
- (2) If the registration certificate is cancelled for the reason mentioned in clause
- (d) of sub-section
- (1) and the conviction is set aside by the appellate Court, the competent authority may restore the registration certificate suo moto or on an application made to it in this regard by the travel agent.
- (3) Where the competent authority, for the reasons to be recorded in writing, is satisfied that the question of cancellation of registration certificate on any of the grounds mentioned in sub-section
- (1) is pending with it for consideration, it may, by an order in writing, suspend the operation of the registration certificate for such period, not exceeding ninety days, as may be specified in the order. The travel agent 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 may not be extended till the question of cancellation of registration certificate is decided by the competent authority.
- (4) Before passing an order of cancellation or suspension, 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 registration certificate has been cancelled, such travel agent shall be debarred from undertaking the same profession for such period, as may be determined by the competent authority.
8. Travel agent to inform competent authority
- (1) A travel agent may surrender his registration certificate at any time after its issuance, by giving three months notice, to the competent authority and on the expiry of the notice period, the registration certificate shall be deemed to have been cancelled: Provided that the travel agent shall publish the intention of the closure of his office or its branch, in two daily newspapers, one of which shall be in the regional language having wide circulation in the locality concerned and the notice for surrender of registration certificate shall be accompanied with a copy of such newspapers.
- (2) The fact of cancellation of the registration certificate under sub-section
- (1) shall be published by the competent authority in two daily newspapers one of which shall be in the regional language having wide circulation in the locality concerned.
- (3) On the cancellation of the registration certificate, the travel agent shall not be entitled to refund of fee deposited by him at the time of submitting his application for obtaining the registration certificate.
- (4) Notwithstanding the cancellation of registration certificate under this section, the travel agent shall be liable for the acts, omissions and commissions committed by him prior to the date of cancellation of the registration certificate and shall also be proceeded as per the provisions of this Act.
9. Appeal
Any person aggrieved by an order passed by the competent authority under section 3 or 7 of this Act, may prefer an appeal against such order to the appellate authority within ninety days of passing of such order: Provided that the appellate authority may entertain the appeal after the expiry of ninety days of the order within a further period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
10. Digital proceedings
The process of issuance of registration certificate and suspension/cancellation of registration certificate etc. shall be carried out on a centralized web portal through digital means, in such manner, as may be prescribed.
11. Power of search and seizure
If, any Executive Magistrate not below the rank of Sub-Divisional Magistrate or a police officer not below the rank of Deputy Superintendent of Police, upon information given to him by any person and taken down in writing that any document or device 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, tent, vessel, conveyance or place, he may, at any time-
- (a) enter into and search any such building, tent, vessel, 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 in the presence of at least two independent witnesses;
- (c) seize any document or device 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.
12. Power to investigate
A police officer, not below the rank of Sub-Inspector, shall conduct an investigation which shall be completed by him within a period of three months from the date of information given to him by any person.
13. The police officer of the rank of Deputy Superintendent of Police/Assistant Commissioner of Police, as the case may be, shall verify the investigation conducted by the Sub-Inspector.
Nodal Officer of investigation The Superintendent of Police/Deputy Commissioner of Police, as the case may be, shall be the Nodal Officer for all the investigations to be conducted in their respective jurisdiction.
14. Confiscation
While trying the offences under this Act, the Court shall decide whether any illegally acquired property is liable to be confiscated and if it so decides, may order confiscation of that property in the manner, as it deems fit.
15. Punishment
- (1) Whoever attempts or is found involved in human smuggling or in the preparation of forged documents, shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to ten years and shall also be liable to fine not less than two lakh rupees but which may extend to five lakh rupees. Explanation.- For the purpose of this sub-section forged documents includes a false document or electronic record made wholly or in part by forgery.
- (2) Whoever undertakes the profession of travel agent without obtaining a registration certificate under the provisions of this Act or contravenes the provisions of this Act or keeps or uses the device in contravention of this Act, shall be punished with imprisonment for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine which shall not be two lakh rupees but which may extend to five lakh rupees.
- (3) Whoever abets or is a party to a criminal conspiracy to commit any offence punishable under this Act shall, if that offence is not committed in consequence of such abetment or criminal conspiracy, be punished with imprisonment 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 punished for the second and for each subsequent offence, with double the penalty provided for that offence.
16. Redressal of grievance
Any person aggrieved with any lapse on the part of a travel agent may file a complaint before the Ombudsman for redressal of his grievance.
17. The Ombudsman shall take such necessary steps, as deem fit, to redress the grievance of such person and if deems fit, may refer the case to the police authority of respective jurisdiction.
Compensation In addition to imposing any punishment as provided under section 15, the Court may also award a reasonable amount of compensation to the aggrieved person to be paid by the travel agent.
18. Offences by company
- (1) If the person committing any offence punishable under this Act is a company, every person, who at the time of the commission of the offence, was in-charge 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 or any other officer of the company, such Director, Manager, Secretary or any other officer, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
19. Punishment to be without prejudice to any other action
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.
20. Power to make rules
- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2) Every rule made under this Act shall, as soon as possible, after it is made, be laid before the State Legislature.
21. Power to make rules.
Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against any public servant for anything, which is done or intended to be done in good faith in pursuance of the provisions of this Act or the rules made thereunder.
22. Protection of action taken in good faith.
Power to remove difficulties
- (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 appear to it to be necessary or expedient for removing such difficulty: Provided that no order shall be made under this section after the expiry 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 State Legislature. Power to remove difficulties.
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