Punjab act 002 of 2013 : The Punjab Prevention of Human Smuggling Act, 2012.

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013

(PAUSA^14, 1934 SAKA)

PART -I

DEPARTMENT^OF LEGAL AND LEGISLATIVE AFFAIRS.

PUNJAB

NOTIFICATION

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 SMUGGLING ACT, 2012

(Punjab Act No. 2 of 2013)

2.

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

11

(2) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint. In this Act, unless context otherwise requires,

(4) "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);

(0) "competent authority" means an officer appointed by the State Government, by notification, to be the competent authority for ne purpose of this Act;

() "dependent" means any person, who is related to an emigrant Short title and

commencement.

Definitions.

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013 1

(PAUSA 14,1934 SAKA)

PART - I

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS

PUNJAB

NOTIFICATION

The 4th January, 2013 No. 315,203 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 SMUGGLING ACT, 2012

(Punjab Act No. 2 of 2013)

A

ACT

to provide for the ulati n f profession of tra vel agents with a

view to check and curb ir le al fraudul ent activities, and

| malpractices of the persons inv n h i smuggling

| in the State of Punjab and for the mati he e i h or

«incidental thereto.

BE it enacted by the L i

o the State of Punjab in the Sixt y-

third Year of the Rep l of Ind a as fo lows :-

i. (1) This Act m y be ca le d the Punjab Prevention of H uman

Smuggling Act, 2012.

(2) It shall come in to force on such date , as the State

Go rnm may, by notificat ion in the f ial Gazette, ap point.

2.

(a) (b) (c) In this Act, unless context otherwise requires,—

"cheating" shall have the same meaning as assign ed to it in section 415 and includes cheat ing by personation as s pecified in section 416 of the Indian Pena l Code, 1860 (Central Act 45 of 1860);

means an officer ap pointed by the State

"competent authority

"

S

e competent authori ty for

Government, by not ification, to be th the purpose of this Act; i o an emigr

ant

"dependent" means any person, who is related t fl

Short title and commencement. Definitions.

1

12 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013

(PAUSA 14, 1934 SAKA)

(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:

and is also dependent on that emigrant;

(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 may be used, as evidence of that matter;

) "emigrant" means any citizen of lndia, who intends to emigrate or emigrates or has emigrated, but does not include,

()

()

)

a dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently^for the purpose ofjoining that emigrant in the country to which that emigrant has lawfully emigrated; and

(g) "human smuggling" shall mean and include illegally exporting, sending or transporting persons out of India or any type of facilitation thereto by receiving money from themn or their parents, relatives or any other person interested in their welfare, by inducing, alluring or deceiving or cheating;

(i) 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;

(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;

"license" means a license issued by the competent authority under sub-section (2) of section 4 of this Act:

"Licensee" means^a person to whom a license is granted under this Act;

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

(1) "State Government" means the Government of the State of Punjabⁱⁿ the Department of Home Affairs and Justice; and

12 PUN AB GO GA (EXT ) JANUARY 04,2013

(PAUSA 14, 1934 SAK

(d)

(e)

(g)

(h)

©)

0)

(k)

(D

and is also depen on that em t ;

"device" means any machinery or instrument that may be used or intended to be used for the purpo e of forging or counterfeiting any document, pa rt visa en ry permi travel ticket ;

"document" means any matter expressed or described upon any substance by m o lette figure or m or by more than one of these m s intend to be used o which may be used, as ev de o tha mat r

"emigrant" m any c tize o In w inten to emigrate or emigrates or has e igrated, b d n de,-

(i) a dependent of an igrant, het er u ent accompanies that igrant, arts uently o the purpose of joining h igrant n h t o hi that emigrant has lawfully emigrated;

(ii) a r n, d t India for a minimum period of three ars r g t years or his spouse or child;

"human smuggling" shall ean e al y porting, sending or tra sporting ers ns ut f dia r e f facilitation thereto by receiving oney o em r eir arents, relatives r ther erson i t rested eir welfare, by inducing, alluri g or deceiving or cheating;

"illegally acquired property" means any property whether movable or immovable, acquired by illegal means by a t vel agent i contravention of the provisions of this Act;

"license" means a l nse i ed by t e competent authority under sub-section (2) of section 4 of this Act;

"Licensee" means a person to who a li ense is granted under this Act;

prescribed" means prescribed by rules made under this Act;

"St h means the Government of the State of un Jab in the Department of Home Affairs and Justice; and WT a -

#

h

2

PUNJAB GOVT. GAZ. (EXTRA), JANUARY O04, 2013

(PAUSA^14, 1934 SAKA)

(m) "travel agent" means a person doing the profession which involves arranging, managing, or conducting affairs relating to 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:; or

(b) acting as arn agent for a company, firm or such type of bodies or entities for

() selling air travel tickets; and

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

13

(c) providing consultancy visa service or guidance to the persons intending to go abroad for

() acquiring education;

() undertaking a pleasure trip as a tourist or traveler;

(i) getting medical treatment;

(iv) arranging cultural entertainment or musical shows;

(V) spreading or preaching religion; or

(vi) participating in sports tournaments or events; or

(a) 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 of seminars or delivering of lectures to promote emigration or rendering assistance for such purposes; or ) arranging matrimonial alliances and adoptions for^the

purpose of emigration; or

(8) arranging travel of any person from India to abroad^for

"

0

J G VT. G Z. (EXTRA), JANUARY 04, 2 13

(PAUSA 1934 SAKA)

(m) "travel agent" means person doing the profession which involves arranging, managing, or conducting affairs relating to se di g per ns abr d whic ari out affairs

persons sent to a foreign country, except for carrying out the business recruitment being governed under the Emigration Act, (Central ct 1983), an shall include all or any ofthe following, namely:-

(a) processing of applications for or relating to grant of passport ;

(b) acting as agent for a company, firm or such type of dies ntiti s r- \

i) l i el ets; (if) providing means of transportation for travel to a foreign country by land or sea; or

(c) providing consultancy visa service or guidance to the s n e i g f r-

(i) acquiring education;

(i) undertaking a pleasure trip as a tourist or traveler;

iii) t n edical rea ment;

(iv) a l ral a n ent usical s; v i i religion; or

( rt ati g n rt o ents or events; or

(d) iving an ert ement or publicity, which relates directly or n i ectly to y field of travel to a foreign country by ea blication, ran is ion, munication

internet; or

(¢) holding of seminars or e o omot

e

igration or e ring ssistance for such purp oses; or

(f) ran atr onial a lian s a pt s for he

ofemigration; or

(g) a ran ing travel of any p son from Indi a to a oad for

3

Regulation of profession of a travel agent. License.

Endorsement of branches or offices.

14 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,

2013

(PAUSA 14, 1934 SAKA)

3.

any purpose whatsoever; or

(h) acting as freelancing type tout for any of the puposee

mentioned in clauses (a) to (g).

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

(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, 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.

5. If a person, who has obtained a license under this Act for doing the profession of a travel agent at one place in a district, subsequently opens other branch or office at a place situated in another district, he shall not be reauired to obtain a fresh license for such other branch or office. However, he shall immediately inform, in writing, to the competent:

such fee and containing such documents as may be prescribed.

reject the application for the reasons, to be recorded in writing:

tauthority and to the

Regulation of

profession of a

travel agent.

License.

Endors en of

branche or

offices.

14 PUNJAB GO GA (EXTR ) JANUAR 04,2013

(PAUSA 14, 1934 SAKA

any purpose wh tsoever; or

(h) acting as fr elancing type tout for any of the purposes m oned in clauses (a) to (g).

3. person sha l und ak the profession f a travel agent un|egg he obtains a license und and In a cordan w th the provisions of section 4 of h s A .

4. (1) A person, desiring to undertake the profession of a trave| agent or who is already in this p o on the commencement of this Act, sh m an ap o to the co petent authority in such manner alongwith such fee and containing such do ent as be p d.

(2) Ifthe c petent a ri is s e th the a l t t (1 is in o r, it shall issue a license under such terms and conditions and in such form as cri ed: .

Provided that if the petent t ority t t h rt ulars given in the pli at rrect n plete or that any evidence or informat i icense is not furnished, it may, after necessary inquiry and after giving the applicant pportunity o being eard, reject the application for the sons, r ed riting:

Provided further at person, hose application s t d

for grant flicense, may make another application to the competent authority f r grant f lic se after oving t efects ointed ut it

(3) No license shall be issued t a person un unless t e particulars and documents gi en by hi , i his a by the police.

der sub-section (2),

pplication, are verified

(4) The validity of a license shall be for a period of fi e years, which shall be renewable for the said period in such manner, as may be prescribed.

5. Ifaperson, who has obtained a li ense unde

4

PUNJAB GOVT. GAZ.(EXTRA), JANUARY (04, 2013 (PAUSA 14, 1934 SAKA) District Magistrate of the district concerned, where a new branch or office has been opened and shall obtain an acknowledgment for giving such an infomation.

6. () The competent authority may, on an application made to it by any person or otherwise on information that licensee has,-ia) 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

5

Travel agent to inform the

competent

authority.

Surrendering of license.

Appeal against order of the competent

authority.

16 PUNJABGOVT GAZ. (EXTRA), JANUARY 04, 2013

(PAUSA 14, 1934 SAKA)

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) ExXcept 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.

7. Ifany travel agent wants to give advertisement or publicity with

regard to his profession or to hold seminarⁱⁿ respect thereof, he shall have^to inform the competent authority, in writing, by giving complete details or contents

thereof.

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 oflicense, 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 sectiol:

the travel agent shall be liable for his acts, omissions and commissions priort the date of cancellation of the license and he shall be proceeded agais per the provisions of this Act.

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 suspernding or cancelling or refusing to r renew^the

license or any other order, may prefer an appeal against such order to^the

9.

Travel agent to inform the

competent

authority.

Surrendering of license.

Appeal against order of the competent

authority.

16 PUNJAB GO . GAZ (EXTR JANUARY 04,2013

(PAUSA 14, 1934 SAKA)

shall be required to show cause i a period of fifteen days from the dare 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) Be o e passing an order of cancellation or suspension of a license, the competent authority sha con d the matter keeping in view the interests of the emigrants and may pass such ord as it m y deem appropriate.

(5) Except as otherw prov d under this Act, where a license issued to any person has been can ed such person shall be debarred from undertaking the profession of a trav ag t

7. Ifany travel a w t to g v advertisement or publicity with regard to his profession o to semi n respect thereof, he shall have to inform the competent authority,in rit , complete details or contents he eof.

8. (1) ra t a e license at any time after its issuance by giving wo onths' t competent authority and on the expiry of the oti eri d, ce shall be deemed to have been ed.

(2) he ct ofcancellation f nder sub-section (2) shall be published by the mpetent authority i ail ewspapers having wide circulation i t e l cality concerned.

(3) On the cancellation of ense, t e tr vel agent shall not be entitled to refund of fee deposited by hi at the time of submitting his ap lication for obtaining license.

(4) Notwithstanding the cancellation of license under this section the travel agent shall be liable for his acts, omissions and com issions prior © the date of cancellation of the license and he shall be proce ded against per the provisions of this Act.

9. Any person, aggriev d 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

)

6

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013 (PAUSA 14, 1934 SAKA) Principal Secretary to Government of Punjab, Department of Home Affairs and Justice, within such period, as may be prescribed.

17

10. Ifany Executive Magistrate not below the rank of Sub-Divisional Magistrate or Gazetted police officer not below the rank of Deputy seizure of Superintendent of Police or any other officer authorized in this behalf by a snecial 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 time rder

(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.

I. Apolice officer, not below the rank ofa Deputy Superintendent of Police, shall I conduct investigation, which shall be completed by him within investigation. 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 investigating 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.

t4. In the trial of offences under this Act, the court shall decide that

Power tO search,

Confiscation^of that property in the prescribed manner.

of persons.

conveyance,

place and arrest

Power of

ay illegally acquired property, whether moveable or immoveable, is liable to making

e

confiscated Or not and if it decides that the property is so liable, it may

Procedure in

confiscation.

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013

(PAUSA 14, 934 SAKA)

iil

principal Secretary to Governme t of Punjab, Department of Home Affairs and Justice, within such period, as may be prescribed.

17

10. Ifany Executive Magistrate not below the rank of Sub-Divisional Magistrate Of 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 com ission of such offence, is kept or concealed in any building, conveyance or place, he may, at any time-

(a) enter into and search any such building, conveyance or place;

(b) break open any door or windo of any house and remove any obstacle to such ntr i ase of any resistance;

(c) seize any document or st ce material us ed for fabrication

of any document whic e to belie ve to be liable to

confiscation under this A an any o h ent or article

which he has reason to believe tha it m furn sh evidence of

the commission of any o fence punisha ble under this Act; and

(d) detain and search, and if he thinks proper, arrest any person whom he has reason to belie ve to have com i ed any off ence

punishable under this Act.

11. A police officer, not b elow the rank of a Deputy S uperintendent

Police, shall conduct investigation w ch shall be compl eted by him within

" Period of two months from the date of i nformation given t0 him by any Person. The police officer of the rank of Superintendent

of Police shall verity

"investigation conducted by the inve stigating officer. An officer, not al

"Tank of Senior Superinte ndent of Police shall ac t as Nodal Officer for all ei on . MVestigations to be made under this Act.

. side that

12. In the trial of off nc es under this Act, t he court shall dec de tha

ny) able, is

iable to

be *8ally acquired property, whether moveable of immov e m

"nfiscated of not and if it decides that the propert y is so liable; y

k : Confiscation of that property in the prescribed manner. Power to search,

seizure of

conveyance,

place and arrest

of persons.

Power of

investigation.

Procedure in

making

confiscation.

7

Penalities. Awarding of compensation. Offences by companies.

18 PUNJAB GOV. GAZ.(EXTRA), JANUARY 04, 2013

(PAUSA 14, 1934 SAKA)

13. () Whoever, contravenes the provisions of this Act or keeps or uses the device for human smuggling, shall be punished with imprisonmen, for a period not less than three ycars, 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 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) 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 ofan offence under the same provision, shall be punishable, for the second, and for each subsequent offence, with double the penalty, provided for that offence.

14. In addition to imposing any penalty, as provided in section l3, the court may also award a reasonable amount of compensation to the aggrieved person to be paid by the travel agent.

15. (1) Ifthe person committing any offence punishable under this Act is a Company, every person, who at the time ofcommission 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 otene and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render a such person liable to any punishment provided in this Act, ifhe proves tha 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 (l), 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, Manage, Secretary

Penalities.

Awarding of

compensation.

Offences by

companies.

18 PUN AB OVT G . (EX ), ANUA 0 2013

(PAUSA 14, 1934 SAKA

13. (7) Whoever, con rav the pro o th s A or keeps or uses the device for human smuggling, shall be punished with imprisonment for no le s than thr e yea s, w ch m y extend to seven years ang w h fine w ch m extend to five lakh rup

(2) Whoeve a tem t to com i any offence punishable under this Act or causes such offence to be com it d and in such attempt, does any act tow the commission of the offence, shall be liable to punishment specified for the com sion o offence under this A

(3) hoever a o is a p y to a c im conspiracy to commit any offence th s Act, sh l h offence be not committed in consequence of such a m t o c imi l c i y, punished with punishment for a erm, i en o o h part the longest term and with ine ded o u fence this Act.

(4) Whoever, having been convicted of an offence under any provision of this Act, is again convicted of an offence under the m provision, al nishable, h d, ent ce, i

bl enalty, i t f ce.

. dit n mposi g enalty, i ed t 1 , the court may also award a reasonable amount of compensation to the aggrieved ai el ent.

15. (1) Ifthe person committing any offence punishable under this ct i ompany, ery erson, ho at m miss of the ffence, was i - ar of, and responsible to the Company for t e 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 8% such person liable to any punishment provided in this Act, if e proves t al al offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the oftence.

(2) Notwithstanding anything contained in sub-section (1), whe a offence under this Act, has been committed by a Company and it is prove that he offence has been committed with the consent or connivance of: ©" y attributable to any negligence on the part of any Director, Manager, Sec! etary

8

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013 (PAUSA 14, 1934 SAKA) or 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)

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 namely:

(b) "Director" in relation to a firm meansa partner in the firm.

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

19

"Company" means anybody corporate and includes a firm or other association of individuals; and

(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 Pejudice to any other action. which has been or which may be taken under this SAct, with respect to such offence. Gazette,^, make rules for carrying out the purposes of this Act.

(4) In particular, and without prejudice to the generality of the loregoing power, such rules may provide for all or any of the following matters, (a)

(c)

(b)

(d)

18. () The State Government may, by notification in the Official Power to make prescribing the manner, fee and documents under sub

section (I) of section 4;

prescribing the form of license under sub-section (2) of section 4;

prescribing the manner of renewal of license under sub section (4) of section 4;

False information,

prescribing the manner for confiscation of property under With intend to

cause public

servant to use his

injury of another

lawful power or

authority to the

person.

Punishment to be

without prejudice

to any other

action.

rules.

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013

(PAUSA 14,1934 SAKA)

any other f c of the Company, such Director, Manager Secretary or er officer, shall also be deemed to be guilty of that offence and shall b

ble to be proceeded against and punished according ly.

19

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 t 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 know ing it to be

likely that he will thereby cause, such public servant-

(a) todo or omit anything which such public s ervant ought not to do

or omit if the true state of facts respecting w hich such information

is given were known 10 him; or

(b) to use the lawful power of public servant to the injury or annoyance of any pe n, ha ll punished with imprisonm ent

for a term which may ex e n to six months and with fi ne.

17. The punishment for an o fence under this Act, shall be without

prejudice to any other acti on, which has b en or wh ich may be taken under this Act, with respect to such offence. False information,

with intend to

cause public

servant to use his

lawful power or

authority to the

injury of another

person.

Punishment to be

without prejudice

to any other

action.

18. (I) The State Gov ernment may, by notific ation in the Official Pow er to make

Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, a nd without prejudi ce to the ge

"'¢going power, such rules may provide f or all or any of the fo l

Namely.

(a) prescribing the manner, fee and docu

section (1) of secti on 4;

(b) prescribing the form of lice ns unde

section 4;

(c) prescribing th e manner of renewa l

section (4) of section 4;

(d) prescribing the ma nne

rules.

nerality of the

lowing matters,

ments under sub- r sub-section (2) o f

of license unde

r sub-

for confiscation o f property under

9

Effect of other laws.

Delegation. Protection of action taken in good faith.

20 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013

(PAUSA 14, 1934 SAKA)

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 he after it is made before the House of the State Legislature, whileit 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 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.

19. (1) The provisions of this Act and the rules made thereunder, shall have effect, notwithstanding anything inconsistent herewith 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.

20. The State Government may, by notification. direct that any powel or function, which may be exercised or performed by it or by the compelen notification,

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

21. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything, which is done or intended i to be done or order issued in good faith in pursuance of the provisions of this Act or the rules made thereunder. other legal proceeding shall lie against he State Government for any damage

(2) Save as otherwise expressly provided under this Act, no suit or

caused^or likely to be caused by anything done or intended to be done or order

ff ct

laws.

Delegation.

ak n

.

20 J GOVT. AZ. TRA), A 04,2013

(PA 14, A) een

t ;

(¢ ) t er atter which have to be or ma y be prescribed

(3) ver rule ade der this ct, shall laid, as as a be ft r it ade efore ouse of the t t egislature, hile it ssi n, for a total period of ten days, hic a prised n r y, or more successive sessions, and if, before the expiry of the session in whic}, itis so laid or the successive ns resaid, ouse r es aki g any modification in the rule, r ouse rees, t l uld t

made, the rule shall thereafter have effect only in odified m no effect, as the case may be, so, however, that odification annulment shall be without prejudice to t ali it t i g i usly it er that rule.

19. (1) visi ns ct les a e thereunder, shall hav effect, notwithstanding anything inconsistent therewith contained in r aw h time being in force or in any agreement or other instrument having effect a .

(2) Save as provided in sub-section (1), the provisions of this Act, shall n addition to, a not in de at n f, any other law for the time n .

20. Th State Government may, or function, which may be exercised or authority Act or the rules ma matters and subject to such conditions, by any officer or authority s : ubordinate tq , ified in at notification, It, as may be ecified r notification, direct that any power

performed by it or by the competent

de thereunder may, in relation to such

any, be also exercised or perf rmed

10

PUNJAB GOVT.GAZ. (EXTRA), JANUARY 04, 2013 (PAUSA 14, 1934 SAKA) ed in good faith in pursuance of the provisions of this Act or the rules made thereunder.

22. (1) Ifany difficulty arises in giving effect to the provisions of his 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:

21

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. U126/1-20/3/Pb Govt. Press, S.A.S. Nagar Power to remove

difficulties.

PUNJAB GOVT. GAZ. (EXTRA), JANI JIARY 04,201"

(PAUSA 14,1934 S

AK A) ,2013

21

J

issued n good faith in pursuance of the provisions of this Act or ff ct the rules made thereunder

.

22. (1) Manydiffic iene in oivi . : o . \ 1culty arises in giving effect to the provisions of Power to remo « Act. the State Governn . .

' Hive

this Act > nent may, by order published in the Official Gazette, 11fficulties make such provision, not inconsi tent with the provisions of this Act. as ) 5 s t, 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 t o years f 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 t e Legislative Assembly.

.P.S. AHAL,

ecretary to Government of Punjab, epart ent of Legal and Legislative Affairs. U 26/1-2013/Pb. G t. Press, S.A.S. Nagar

11