Legislation aims to tighten controls on travel agents

Pradeep Sharma

Chandigarh, February 2

Haryanvis have been following in the footsteps of their Punjabi counterparts in search of greener pastures abroad in recent years. The spurt in immigration — through questionable means in a substantial number of cases — has led to the mushrooming of travel agents across Haryana, particularly on the GT Road belt.

Checking ‘Kabootarbazi’

• Registration must for travel agency, travel agent, consultancy or ticketing agent.
• Additional safeguards proposed for NRI travel agents.
• Up to 10-year jail, fine of Rs 2 lakh-Rs 5 lakh for human trafficking, forging documents.
• Violation of any legal provision to attract imprisonment up to seven years, fine of Rs 2 lakh-Rs 5 lakh.
• Courts empowered to order confiscation of properties of those indulging in illegal activities.

Zero tolerance

The proposed legislation reflects a proactive approach to regulate travel agents, ensuring transparency and accountability in immigration-related services. There will be zero tolerance to illegal immigration activities. — Anil Vij, Home Minister

Rampant unemployment

The rampant unemployment in Haryana forces the youth to immigrate in search of a better life. However, due to lack of proper guidance and no regulatory mechanism for the unauthorised travel agents, the youths fall into their trap. — Abhay Chautala, INLD MLA

With no law in place to regulate the travel agents and most of them operating fraudulently, the number of cases of illegal travel abroad (‘kabootarbazi’) has been rising steadily. The Haryana Police have reported registration of over 1,008 cases of ‘kabootarbazi’, with 588 arrests, though many think that this is just the tip of the iceberg. A majority of complainants never approach the police since there is no written proof of payment of money and some reach a compromise.

In the backdrop of this scenario, the Manohar Lal Khattar government is set to tackle ‘kabootarbazi’ through legislation. The Haryana Registration and Regulation of Travel Agents Bill, 2024, which was approved by the Cabinet recently, is set to be tabled in the Budget Session of the Vidhan Sabha beginning February 20.

“The Haryana Government is committed to protecting its citizens from falling victim to immigration scams. The proposed legislation, which reflects a proactive approach to regulate travel agents, ensuring transparency, legality and accountability in immigration-related services, will go a long way in checking ‘kabootarbazi’. There will be zero tolerance to illegal immigration activities once the legislation is enacted,” asserts Home Minister Anil Vij.

Patterned on a similar law in neighbouring Punjab, the Bill lays down stringent conditions for travel agencies, travel agents, consultancies or ticketing agents. A prerequisite to start the business will be registration with the competent authority, which would be granted after a thorough background check of the applicant by the police and the administration.

The validity of a registration certificate will be for three years, renewable as per the prescribed procedures. Opening a new office or branch would require obtaining a fresh registration certificate. The competent authority can cancel a registration certificate for various reasons such as insolvency, criminal activities, violation of terms, etc.

Certain additional safeguards would be required for NRI applicants for obtaining a registration certificate. These include furnishing the social security number issued by the country of residence, permission issued by the country of residence for carrying out the business of travel agency or consultancy in India and permission by the RBI under relevant rules.

Under the Bill, the district police will upload the list of registered agents on the website for public knowledge and for wide publicity and awareness, so that people do not fall into the trap of unregistered agents or agencies.

Regarding penal provisions, the Bill says that individuals involved in human trafficking or forging documents may face imprisonment up to 10 years and a fine ranging from Rs 2 lakh to Rs 5 lakh. The violation of provisions of the Act may result in imprisonment up to seven years and a fine of Rs 2 lakh to Rs 5 lakh.

The draft legislation also empowers the courts to order the confiscation of illegally-acquired properties of individuals or business entities involved in human trafficking or forging documents for sending persons abroad.

It may be mentioned here that several legislators, especially INLD’s Ellenabad MLA Abhay Chautala, had flagged the issue of illegal immigrants during the recent session of the Vidhan Sabha.

“The rampant unemployment in Haryana forces the youth from the state to immigrate to foreign destinations in search of a better life. However, due to lack of proper guidance and no regulatory mechanism for the unauthorised travel agents, the youths fall into their trap. Their tragedy is compounded when no action is taken against illegal travel agents by the police, who are more often than not hand in glove with the unscrupulous agents. Strict implementation of rules and better opportunities for youths in Haryana can go a long way in checking illegal immigration,” Abhay Chautala said.

The districts of Ambala, Kurukshetra, Panipat, Kaithal, Yamunanagar and Jind account for a lion’s share of complaints against travel agents, whom people pay lakhs in the hope of a better life abroad.

Recently, there has been a spurt in complaints against illegal travel agents from Fatehabad district in south Haryana, adjoining Punjab. The US, UK and Canada seem to be the preferred destination for the illegal immigrants, who often use “donkey routes”.