FRAUDULENT ACTIVITIES OF FOREIGN TRAVEL/ VISA AGENTS IN U.T., CHANDIGARH | DISTRICT MAGISTERATE ISSUES ORDER UNDER SECTION 163 OF BHARTIYA NAGRIK SURAKSHA SANHITA, 2023

FRAUDULENT ACTIVITIES OF FOREIGN TRAVEL/ VISA AGENTS IN U.T., CHANDIGARH | DISTRICT MAGISTERATE ISSUES ORDER UNDER SECTION 163 OF BHARTIYA NAGRIK SURAKSHA SANHITA, 2023 

Whereas, it has come to my attention that some travel agents are involved in fraudulent activities by deceiving and cheating citizens under the false pretext of arranging visas or managing their affairs related to sending people abroad and other related activities. These agents publish misleading advertisements in leading newspapers and dupe innocent people from U.T., Chandigarh and neighboring states. After some time, they close their offices and flee the city. The unlawful and fraudulent activities of these travel agents can pose a danger to the life, health, or safety of the general public.

And whereas I, Nishant Kumar Yadav, IAS, District Magistrate, Chandigarh, am of the opinion that certain steps are necessary to keep a check on the illegal activities of such travel agents to prevent any harm to the life, health, and safety of the general public.

Now, therefore, I, Nishant Kumar Yadav, IAS, District Magistrate, Chandigarh, in exercise of the powers conferred upon me under Section 163 of the Bhartiya Nagrik Suraksha Sanhita, 2023, do hereby order as an emergency measure that all foreign travel/visa agents operating within the jurisdiction of U.T., Chandigarh shall provide their complete antecedents as prescribed in the attached proforma, in writing, to the office of the Sub-Divisional Magistrate (SDM) of the concerned area for the purpose of information and verification of the antecedents of their owners/operators/managers. Additionally, those travel agents intending to operate shall get their antecedents verified within 4 weeks of starting their business.

For the purpose of clarification, a travel agent refers to a person engaged in the profession that involves arranging, managing, or conducting affairs related to sending people abroad or those arising out of affairs concerning persons sent to a foreign country, except for carrying out recruitment business governed under the Emigration Act, 1983 (Central Act 31 of 1983). This shall include, but is not limited to, the following activities:

(a) Processing of applications for or relating to the grant of passports or visas, or
(b) Acting as an agent for a company, firm, or similar entities for:

  • Selling air travel tickets,
  • Providing means of transportation for travel to a foreign country by land or sea, or
    (c) Providing consultancy or visa services or guidance to persons intending to go abroad for:
  • Acquiring education,
  • Undertaking a pleasure trip as a tourist or traveler,
  • Receiving medical treatment,
  • Arranging cultural entertainment or musical shows,
  • Spreading or preaching religious activities,
  • Participating in sports tournaments or events, or
    (d) Giving advertisements or publicity, directly or indirectly related to travel to a foreign country through publications, transmissions, communication, or other media,
    (e) Holding seminars or delivering lectures to promote emigration or rendering assistance for such purposes,
    (f) Arranging matrimonial alliances and adoptions for the purpose of emigration, or
    (g) Arranging travel for any person from India to abroad for any purpose,
    (h) Acting as a freelancing tout for any of the purposes mentioned in clauses (a) to (g).

It shall also include coaching institutes for IELTS, ticketing agents, and general agents of airlines.

  1. The SDM office shall maintain a record of all travel agents operating in their jurisdiction.
  2. The SDM and SDPO of the concerned area shall ensure compliance with these orders by regularly checking the travel agents operating within their respective jurisdictions.

In view of the emergent nature of this order, it is being issued ex-parte and is addressed to the public in general. Any breach of this order will result in action under Section 223 of the Bhartiya Nyaya Sanhita, 2023, and other relevant provisions of the law.

This order shall come into force with effect from zero hours on 30.12.2024 and shall be effective for a period of sixty days, up to and including 27.02.2025.

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