HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

PART-I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 9th April, 2025

No. Leg. 11/2025.— The following Act of the Legislature of the State of Haryana

received the assent of the Governor of Haryana on the 5th April, 2025 and is hereby published for

general information:-

HARYANA ACT NO. 10 OF 2025

THE HARYANA REGISTRATION AND REGULATION OF TRAVEL AGENTS ACT, 2025

ACT

to establish a framework to ensure the transparency, accountability, integrity of travel

agents and to check and curb their illegal and fraudulent activities, safeguarding the interest of

residents of the State of Haryana and for the matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-sixth Year of the

Republic of India as follows:-

(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.

Short title and

commencement.

In this Act, unless the context otherwise requires,-

(a)

“appellate authority” means an officer appointed by the State Government, by

order, to be the appellate authority for the purposes of this Act;

(b)

“cheating” means cheating as provided under sub-section (1) of section 318 and

includes cheating by personation as provided under sub-section (1) of section 319

of the Bharatiya Nyaya Sahinta, 2023 (Central Act 45 of 2023);

(c)

“company” shall have the same meaning as assigned to it under the Companies Act,

2013 (Central Act 18 of 2013);

(d)

“competent authority” means an officer appointed by the State Government, by

order, to be the competent authority for the purposes of this Act;

(e)

“dependent” means any person who is dependent on the emigrant or is in blood

relation to that emigrant;

(f)

“device” means any machinery or instrument that may be used or intended to be

used for the purpose of forging or counterfeiting any document;

(g)

“document” means any educational certificate, certificate for English language test

for study, migration or work, 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;

(h)

“emigrant” means a citizen of India who intends to emigrate or emigrates or has

emigrated outside India for any purposes such as study, work, tourism etc.;

(i)

“human smuggling” shall mean and include illegal exporting, sending or

transporting a person out of India or any type of facilitation thereto by receiving

money from him or his parents, relatives or any other person interested in his

welfare, by inducing, alluring, deceiving or cheating;

(j)

“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;

(k)

“ombudsman” means an officer appointed by the State Government, by order, to be

the ombudsman for the purposes of this Act;

Definitions.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

(l)

“prescribed” means prescribed by the rules made under this Act;

(m)

“registration certificate” means a registration certificate issued by the competent

authority under section 3 of this Act;

(n)

“State Government” means the Government of the State of Haryana in the

administrative department;

(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; 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-

(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 of seminars or delivering of lectures to promote emigration or

rendering assistance for such purposes; or

(f)

arranging matrimonial alliance and adoption for the purpose of emigration; or

(g)

arranging travel of any person within the country or 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).

Registration.

(1)

Any person intending to undertake the profession of a travel agent or who is already

in such profession on the commencement of this Act, shall make an application to the competent

authority in such manner, within a period of three months from the commencement of the Act,

alongwith such fee and documents, as may be prescribed under the rules.

(2)

If the competent authority is satisfied that the application made under sub-section (1)

is in order, it shall issue a registration certificate within a period of thirty days subject to 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 any evidence or information required for issuing the

registration certificate 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

registration certificate, may make another application to the competent authority for grant of

registration certificate, after removing the defects pointed out by it.

(3)

The registration certificate shall not 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 registration certificate shall be for a period of three years, which

shall be renewable in such manner and for such period, as may be prescribed.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

(1)

No person shall undertake the profession of a travel agent unless he obtains a

registration certificate under the provisions of this Act.

(2)

Any person or establishment found working as travel agent without registration,

shall be guilty of an offence punishable under this Act.

Compulsory

registration.

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).

Power of

competent

authority.

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.

Registration of

office or its

branch.

(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;

(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.

Cancellation or

suspension of

registration

certificate.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

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.

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.

Digital

proceedings.

10.

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.

Power of search

and seizure.

11.

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.

Power to

investigate.

12.

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. 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. ^13.

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.

Confiscation.

14.

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.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

15.

(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.

Punishment.

16.

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. 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.

Redressal of

grievance.

17.

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.

Compensation.

18.

(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.

Offences by

company.

19.

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.

20.

(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.

Power to make

rules.

21.

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.

Protection of

action taken in

good faith.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

Power to

remove

difficulties.

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 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.

RITU GARG,

ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,

LAW AND LEGISLATIVE DEPARTMENT.

11798—L.R.—H.G.P., Pkl.