punjab policepunjabpolice.gov.in/pbi/uploadfiles/nri/safe and legal... · 2019-03-28 · 1)...

PUNJAB POLICE

“Safe and Legal migration”

Punjab Police

PUNJAB STATE NODAL OFFICER TO DEAL WITH ISSUES OF EMIGRATION AND PREVENT ILLGAL ACTIVITIES OF

UNAUTHRISED TRAVEL AGENTS Ishwar Singh, IPS, ADGP, Law & Order-cum-NRI Wing, 7-

Phase, Mohali, Punjab have been nominated as Nodal Officer for the state of Punjab to deal with issues of

emigration and prevent illegal activities of unauthorised travel agents.

Name : Ishwar Singh, IPS

Designation : Additional Director General of Police Telephone Numbers Office : 0172-2260040 Mobile : 98761-67900 Fax No. : 0172-2260042 E-mail ID : [email protected]

PUNJAB POLICE NRI WING

Issue of Human trafficking The issue of Human trafficking is a sensitive and an important issue. Lot of gullible youths are being lured by unscrupulous and illegal travel agents on false promise of getting them settled abroad. These illegal agents cheat common citizens especially youth and loot crores of rupees from these persons.

Strict legal action is taken against such agents by law enforcement agencies in the State. Punjab State has also enacted a law namely “The Punjab Travel Professionals Regulation Act - 2014” to curtail activities of such agents and in the year 2018, Department of Home Affairs & Justice, Punjab has issued advisory on effective implementation of Law & Rules for Regulation of Travel Agents in Punjab.

Cases relating to frauds committed by travel agencies involved in facilitating visitor visa/Student visa/immigration case are registered under provisions of Punjab Travel Professionals Regulation Act,2014 and Emigration Act, 1983 and provisions of Indian Panel Code

PUNJAB POLICE SAANJH

Procedure laid down in Acts made for sending people/labour to foreign countries.

Sending people/labour to foreign countries is regulated by following Acts and brief details about these acts are as given below :-

1) Emigration Act, 1983 (enacted by Parliament of India) :

(i) Any person desirous of starting travel agency with an aim to send labour abroad has to register himself/herself as ‘Recruiting Agent’ with Protectorate General of India , Ministry of External Affairs, Govt of India and has to take license for this.

(ii) Protectorate General of India, Ministry of External Affairs, Govt of India is the nodal agency for this and for granting licenses to Recruiting Agents.

(iii) The Chandigarh office of Protectorate General of Emigrants (POE), Kendriya Sadan, 5th Floor, Sector-9-a, Chandigarh (Phone No. 0172-274179) has jurisdiction over State of Punjab for giving such licences.

(iv) There are 34 recruiting agents in Punjab who have been granted license for sending labour to Foreign Countries (Web site link is https://emigrate.gov.in/ext/raList.action


https://emigrate.gov.in/ext/raList.action









(v) This Act is mainly aimed at protecting interests of labour going abroad and to prevent exploitation of such labour from their employer abroad. Anybody who violates provisions of this act, is liable for criminal prosecution under section 24 of this Act and action is being taken by Punjab police against such companies/agents.

(vi) Its main objective is monitor outflow of skilled and unskilled workers from India for employment and to prevent exploitation of workers by foreign employees on following issues :

On reaching alien land, they should not face problems of

a) Change of work agreements to their disadvantage b) non payment or delayed payment of salaries c) poor workings and living conditions d) getting stranded due to non receipt by foreign employer e) non availability of job after arrival in foreign country f) non payment of compensation (injuries & accident) g) delay in transportation of dead bodies etc. (vii) It is obligatory by foreign employer to recruit labour through a registered Recruiting agents. (viii) The worker should not be involved in a work which is unlawful as per Indian Laws. (ix) As per Section (10) of Emigration Act, 1983 no person shall function as a recruiting agent without

a valid license. Foreign employer can only recruit workers through registered recruiting agents or by valid permit from Protectorate General of Emigration.


(vii) It is obligatory by foreign employer to recruit labour through a registered Recruiting agents. (viii) The worker should not be involved in a work which is unlawful as per Indian Laws. (ix) As per Section (10) of Emigration Act, 1983 no person shall function as a recruiting agent

without a valid license. Foreign employer can only recruit workers through registered recruiting agents or by valid permit from Protectorate General of Emigration.

(x) Emigration Check is required for emigration of Indian Citizens to Afghanistan, Bahrain, Indonesia, Iraq, Jordan, Kingdom of Saudi Arabia, Kuwait, Lebanon, Libya, Malaysia, Oman, Qatar, South Sudan, Sudan, Syria, Thailand, United Arab Emirates, and Yemen.

(xi) Any one violating provisions of Section (24) of this Act are liable to be punished with punishment of two years of jail with fine. As per Section 27 of Emigration Act, 1983 prior prosecution sanction is required from Central Government for prosecution of accused.

So it is clear that anybody violating provisions of Emigration Act, 1983 shall be punished and his licence shall be cancelled and his Bank guarantee will also be forfeited.


Procedure laid down in Acts made for sending people/labour to foreign countries.

2) “Punjab Travel Professionals Regulation Act,2013"

Punjab Assembly has enacted “Punjab Travel Professionals Regulation Act,2013" which was earlier named as Punjab Prevention of Human Trafficking Act,2012. It is a comprehensive Act which provides detailed procedures and other requirements for obtaining license for running abovementioned Travel Agency, from Competent Authority which is Deputy Commissioner of the concerned District. It prescribes punishment under section (13) of this Act for people who starts business of Travel Agency in violation of provisions of this Act. This act also has provision for reasonable amount of compensation to aggrieved person to be paid by the travel agent which is registered by competent court. Action is being taken against such illegal companies/ agents under provisions of this Act.

(i) It regulates profession of travel agent with a view to check and curb illegal malpractices of travel agents.


As per definition of travel agent under this Act, following categories are covered under this definition :

(a) A person who processes applications for grant of passport or visa (b) A person who acts as an agent for a company for selling air tickets (c) A person who provides means of transportation for travel to a foreign country by land or sea (d) A person who is providing consultancy visa service or guidance to persons intending to go

abroad. (e) A person who issues advertisements for carrier at foreign country or involved in publicity

regarding travel to foreign country. (f) A person who organises seminars and lectures for emigration (g) A person who arranges matrimonial alliances & adoptions for the purpose of emigration.

(iii) Deputy Commissioner of concerned district in Punjab is the Competent Authority for issuance of these license. Once issued, this license will be valid for a period of 5 years and Competent Authority can cancel this license on following grounds :

(a) If a person is insolvent or bankrupt. (b) If a person act prejudicial of the courts. (c) If a person convicted by a court for criminal activities.


(d) If a person misrepresents and suppresses facts while submitting application for obtaining license.

(e) If a person violates the terms and conditions of license. (f) If a person is subletting the business of travel agency. (g) If a person fails to start business for 3 months after issuance of license.

(iv) As per section (10) of this Act, Executive Magistrate (SDM) and gazetted police officer (DSP) can carry out searches of premises of travel agents and hence such inspections be carried out on a regular basis.

(v) As per section (11) of this Act, DSP rank officer shall conduct investigation of these cases and SP rank officer should verify the investigation of the case. SSP rank officer will act as Nodal Officer for investigation of such cases.

(vi) As per section (12) of this Act, illegally acquired properties of such agents is liable for confiscation by courts.

(vi) As per section (13) of this Act, there is provision for enhanced punishment for repeat offenders.

(vii) As per section (14) of this Act, the courts may award compensation to victims of such crime.



(viii) As per section (16) of this Act, giving false information to a public servant regarding violation of any provision of this Act is punishable for and such person can be sentenced for six months in Jail.

(ix) An NRI can apply for licence of travel agent by adopting following procedure. In addition to other details :

(a) He will have to furnish his Social security number (b) He shall also provide Permission of country of his residence.

(e) If NRI wants takes his business earning out of this country, then he will have to take prior permission from RBI for applying for license.

(x) The agent shall provide details of his client as per following details :

The details of clients will be sent to Competent Authority i.e. Deputy Commissioner of concerned district on a monthly basis. The details of clients will be sent to Competent Authority i.e. State Government once in a six month.

PUNJAB POLICE

There are 46 Punjab state registered Recruiting agents, who have been granted license for sending people/labour to foreign countries

by Protectorate General of India, Ministry of External Affairs, Government of India, New Delhi under Emigration Act, 1983.

For details of Punjab state registered Recruiting agents visit web site link is https://emigrate.gov.in/ext/raList.action


PUNJAB POLICE

Details of Punjab state registered Travel agents under Punjab Travel Professionals Regulation Act 2013 who gets license for running

Travel Agency from Deputy Commissioner of concerned District.

Deputy Commissioner of concerned district in Punjab is the Competent Authority for issuance of these license. Once issued, this license will be valid for a period of 5 years and Competent Authority can cancel this license on following grounds : (a) If a person is insolvent or bankrupt. (b) If a person act prejudicial of the courts. (c) If a person convicted by a court for criminal activities. (d) If a person misrepresents and suppresses facts while submitting application for obtaining license. (e) If a person violates the terms and conditions of license. (f) If a person is subletting the business of travel agency.

(g) If a person fails to start business for 3 months after issuance of license.

For details of Punjab state registered Travel agents under Punjab Travel Professionals Regulation Act 2013 who gets license for running Travel Agency from Deputy Commissioner of concerned District visit web site of Deputy Commissioner of concerned District of Punjab.

Action taken by Punjab Police against illegal travel agents/companies in Punjab which cheat youth on the pretext

of getting them visa in an illegal manner for the period from 01-04-2017 to 29-02-2018


The Punjab Travel

Professional

Regulation Act -

2013

Cases registered

against travel

agents u/s 420 of

Indian Penal Code

Emigration Act.

1983

Total cases

registered

528 1107 505 2140

CASE REGISTERED AGAINST TRAVEL AGENTS IN PUNJAB FOR THE PERIOD FROM 17-03-2017 TO 10-02-2019

Efforts being made to curb activities of illegal agents by Punjab Police.


(i) Educational seminars and publicity campaigns have been launched by Deputy

Commissioners of various districts in Punjab for educating common people about this issue.

(ii) The design & graphic has been downloaded from the hyper link & print of audio as well as

video received from the link sent from Ministry of External Affairs, New Delhi and same has

been circulated to all Inspector General of various Zones, Deputy Inspector General of

various Police Ranges, Commissioners of Police and Senior Superintendents of Police in

Punjab for spreading awareness about this issue to common public.

(iii) This print of audio, video link has also been forwarded to Principal Secretary, Department of

NRI Affairs, Punjab with request for having coordination with Department of Public Relation,

Government of Punjab giving widespread publicity to the issue with a further request to get

the issue well published through print, electronic & social media. He was further been

requested to get this information hosted on various websites of Punjab Government

including those of various Universities & colleges.

Efforts being made to curb activities of illegal agents by Punjab Police.


(iv) A Print of this link has been sent to Additional Director General of Police, IT&T-Cum-Nodal

Officer CCTNS , Punjab for getting the same hosted on website of Punjab Police.

(v) Similarly Safe & Legal Migration in State has been circulated to 503 registered societies of

Saanjh in Punjab for giving widespread publicity through Public meetings. In addition to this

information will also be displayed in 503 Saanjh Kendra’s

(vi) Presently, Anti Human Trafficking Unit (AHTU) headed by an IG level officer is functioning in

the office of Director, Bureau of Investigation, Punjab and its district level units have also

been established in all the districts/commissionerates of the State. These units can be

further strengthened to curb illegal activities of these persons involved in illegal activities

who violates provisions of Emigration, 1983 and Punjab Travel Professional's Regulation

Act, 2013 (PTPR Act).

The Government is fully committed to curb illegal activities of travel agents in Punjab.

Advantages of emigrating through Registered Agents (RAs) & obtaining EC before travel Important data of the emigrant is captured on-line – (E-migrate)

Credentials of Foreign Employer (FE) & Registered Recruitment Agents (RA) verified

Employment Contract is generated no-line

Possibility of cheating / fraud is minimal

Government can take swift action against RA to redress grievances of emigrants in distress , by suspension /cancellation of Registration of RA.

RAs are duty bound to rescue workers in case of problem / distress / repatriation .

Emigration Clearance granted by POEs to emigrants also ensure Insurance of emigrant (through PBBY0 of Rs. 10 Lakh before Emigration Clearance.


Disadvantages & hazards of emigrating through illegal Agents Frequent complaints of overcharging.

Cheating / Fraud / trafficking – with minimal chance of recovery of money paid by emigrants.

Only Law enforcing agencies / Police can catch the illegal agents – often difficult.

Rescue from clutches of foreign employer very difficult, as Embassy intervention is not easy.

No support of Agent in case of any problem, wage dispute , unsatisfactory living conditions, health issues etc.

very risky for emigrant due to illegal migration & can be caught and offloaded or deported or put in Jail.


Disadvantages & hazards of emigrating through illegal Agents Non-payment of wages

Delayed payments

Sudden closure of companies

Ill treatment and excessive working hours

Filing of false charges by Police Authorities

Withholding of passports

Dishonouring Terms of Contracts



https://www.youtube.com/watch?v=6wM_asDe2Os&authuser=0

VIDEO ON "SAFE AND LEGAL MIGRATION OF INDIAN WORKERS FOR

OVERSEAS EMPLOYMENT- PUNJABI"

https://www.youtube.com/watch?v=6wM_asDe2Os&authuser=0

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