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  "title": "TRAVEL AGENCIES ACT, 1976",
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  "text": "THE TRAVEL AGENCIES ACT, 1976 \r\n(XXX of 1976) \r\nCONTENTS \r\n1. Short title extent and commencement. \r\n2. Definition. \r\n3. Committee. \r\n4. Licensing of Travel agencies. \r\n5. Exemption from application. \r\n6. Prohibition to act without license, etc. \r\n7. Business guarantee fund. \r\n8. Service charges. \r\n9. Alterations. \r\n10. Discontinuance of business, etc. \r\n11. Suspension or cancellation of licence. \r\n12. Complaints, Appeal and review. \r\n13. Appeal. \r\n14. Penalty. \r\n14-A.  Indemnity. \r\n15. Delegation of powers. \r\n15-A.  Issuance of ticket \r\n16. Power to make rules.\r\n \r\nTEXT \r\nTHE TRAVEL AGENCIES ACT, 1976 \r\n(XXX of 1976) \r\n[11th May, 1976] \r\nAn \r\nAct \r\nto provide for the development, regulation and control of the profession of travel \r\nagencies in 1[Punjab]. \r\nWHEREAS it is necessary and expedient to provide for the development, regulation \r\nand control of the profession of travel agencies in 2[Punjab]; \r\nIt is hereby enacted as follows:­ \r\n1. Short title extent and commencement.­ (1) This Act may be called the \r\nTravel Agencies Act, 1976. \r\n(2) 3[It extends to whole of the Punjab]. \r\n(3) It shall come into force at once. \r\n2. Definition.­In this Act, unless there is anything repugnant in the subject or \r\ncontext,— \r\n(a) \"Committee\" means the Travel Agencies Regulatory Committee set up \r\nby the 4[* * *] Government under section 3, \r\n5[(aa) “Controller” means the Controller as appointed under the Punjab Hotels \r\nand Restaurants Act, 1976 (LXXXI of 1976), and includes a Deputy \r\nController, an Assistant Controller and an Inspector, and such other \r\npersons as may be authorized by the Government by notification in the \r\nofficial Gazette to perform all or any  of the functions of the Controller \r\nunder this Act; \r\n(aaa) “Government” means Government of the Punjab;] \r\n(b) \"licence\" means a licence granted under this Act to any person to \r\noperate as a travel agency; \r\n(c) \"licenced guide\" means a guide licensed under the law for the \r\nregulation and control of the profession of tourist guides ; \r\n                                                           \r\n1Substituted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n2Substituted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n3Substituted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.3. \r\n4Omitted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n5Inserted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.4. \r\n \r\n(d) \"prescribed\" means prescribed under the rules ; \r\n(e) \"rules\" means rules made under this Act; \r\n(f) \"travel agency\" means a person, by whatever name called, who­ \r\n(i) makes, directly or indirectly, on commercial basis arrangements \r\nfor the passage of the tourists, or use of transport, or \r\ntransportation of their baggage or goods by sea, air, rail or road; \r\nor \r\n(ii) makes arrangements for lodging, transport or other services \r\nrelating to travel of persons within Pakistan or arranges \r\nentertainment, sight­seeing, excursion and guide services, \r\nwhether the arrangements are made on the basis of \r\ncomprehensive all inclusive r ates or on the basis of separate \r\ncharges for each service provided ; or \r\n(iii) has been delegated general authority in respect of sales for the \r\nairlines or other carriers, either directly or through a sub­contract; \r\nand \r\n6[(g) “tourist” means a person who travels within the Punjab for touring, \r\nrecreation, sports, study or religious pilgrimages or for any other purpose \r\nas the Government may, by notification, specify.] \r\n3. Committee.­ 7[(1) The Government shall set up a committee to be known as \r\nthe Travel Agencies Regulatory Committee consisting of a Chairman and such other \r\nmembers as the Government may determine.] \r\n(2) The Chairman and other members of the Committee shall hold office \r\nduring the pleasure of the 8[* * *]  Government on such terms and conditions as the \r\n9[* * *] Government may determine. \r\n(3) The committee shall perform the following functions, namely:— \r\n(a) advise the 10[* * *]  Government in the implementation of the \r\nprovisions of this Act and the rules ; \r\n(b) approve the rates of service charges of travel agencies in respect \r\nof various services rendered by them to the tourists ; \r\n                                                           \r\n6Substituted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.4. \r\n7Substituted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.5. \r\n8Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n9Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n10Omitted by the Punjab Travel Agencies (Amendmen t) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n \r\n(c) advise the 11[* * *]  Government from time  to time in respect of \r\nlicence fees to be prescribed for various services rendered by the \r\ntravel agencies ; \r\n(d) assist the 12[* * *]  Government in the preparation of a code of \r\nconduct for travel agencies ; and \r\n(e) such other functions as are connected with the objects of this Act \r\nand as the 13[* * *] Government may entrust to it. \r\n4. 14[Licensing].­ (1) Any person operating or intending to organize and operate \r\na travel agency 15[or to act as a guide]  shall apply to the 16[* * *] Government on the \r\nprescribed form to the grant of a licence. \r\n(2) Subject to sub­section (3), on receipt of an application under \r\nsub­section (1), the 17[* * *]  Government may, on payment of the prescribed fee by \r\nthe applicant, grant to the applicant a licence in the prescribed form. \r\n(3) A licence shall not be granted to an applicant if­ \r\n(a) the applicant, or the  manager or any partner or director of the  \r\napplicant, has been convicted of an offence which in the opinion \r\nof the 18[* * *] Government, involves moral turpitude; \r\n(b) the applicant is a minor or insane person; \r\n(c) the financial position of the applicant is, in the opinion of the 19[* * \r\n*] Government, such as would prevent the applicant from acting \r\nas a travel agency efficiently; \r\n(d) the applicant has had no experience  of travel arrangements \r\nrequired to operate  the business of a travel agency and has not \r\nemployed persons who have had such experience; or \r\n                                                           \r\n11Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n12Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n13Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n14Substituted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Ga zette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.6. \r\n15Inserted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.6. \r\n16Omitted b y the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n17Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n18Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n19Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n \r\n(e) the applicant does not have an office of a prescribed minimum \r\nstandard or does not engage experienced and trained employees \r\nor licensed guides or does not provide such transportation \r\nfacilities as may be prescribed. \r\n(4) The 20[* * *]  Government shall maintain a register in which the names, \r\naddresses, nature, composition and the field of operation of all licenced travel \r\nagencies shall be entered. \r\n(5) The licence shall, unless earlier cancelled or suspended under section \r\n10 or section 11, remain valid for one year and may be renewed from year to year or, \r\nat the option of the travel agency, for a period upon five years] in such manner, and \r\non payment of such fee, as may be prescribed. \r\n21[(6) The Government may renew an expired licence wit hin five years of its \r\nexpiry subject to such inquiry as may be deemed necessary.] \r\n5. Exemption from application. This Act shall not apply to— \r\n(a) enterprises operated by the State; \r\n(b) national carriers of Pakistan and foreign airlines, duly authorised  to \r\noperate to, from or via Pakistan; or \r\n(c) any agency, whether private or official, which is specifically entrusted by \r\nGovernment with the work relating to handling of Haj pilgrims or other \r\npilgrims, within or without Pakistan, and who are subject to spe cial \r\nregulations governing their field of activity. \r\n6. Prohibition to act without license, etc. Subject to section 5—(1) no person \r\nshall hold himself out or act as a travel agency 22[or a guide] unless he holds a \r\nlicence. \r\n(2) no airline or other carrier shall delegate general authority in respect of \r\nsales, either directly or through a sub­contract, to a person who does not hold a \r\nlicence. \r\n \r\n23[6-A. Powers of Controller .– Without prejudice to any other powers of the \r\nController under this Act, the Controller may: \r\n \r\n(a) seal a travel agency if it is not licensed under this Act; \r\n(b) seal a licensed travel agency if it fails to deposit the annual fee \r\nor it does not comply with the directions of the Government \r\nissued from time to time; \r\n(c) inspect, during working hours, the office or premises of a travel \r\n                                                           \r\n20Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021 ), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n21Added by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.6. \r\n22Inserted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.7. \r\n23Inserted by the Punjab Travel Agencies (Amen dment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.8. \r\n \r\nagency or of a guide to ensure that the office or the premises is \r\nmaintained in accordance with the rules and terms and \r\nconditions of the licence;  \r\n(d) require assistance from the district polic e for implementation of \r\nthis Act; and \r\n   (e)   impose administrative penalty provided under section 14 of the \r\n    Act.] \r\n7. Business guarantee fund.— 24[(1) A licensed travel agency shall maintain in \r\na designated scheduled bank, such business guarantee fund or cash guarantee of \r\nsuch minimum amount as may be prescribed.] \r\n(2)  No amount shall be payable out of a business guarantee fund \r\nmaintained by a licensed travel agency under sub­section (1) except to \r\nthe order of the 25[* * *] Government. \r\n(3)  The 26[* * *] Government may, after making such inquiry as it may deem \r\nfit and after giving a travel agency an opportunity of showing cause \r\nagainst the order proposed to be made, order payment, out of the \r\nbusiness guarantee fund of the travel agency, of any sum owed by the \r\nagency to a tourist, carrier, company or hotel or lodging house and not \r\nsettled by it within thirty days from the date of its becoming due. \r\n(4)  A travel agency from whose business guarantee fund payment of any \r\namount has been made under sub­section (3) shall, within a period of \r\nfifteen days of such payment, deposit the said amount into the business \r\nguarantee fund. \r\n8. Service charges.— (1) The rates of service charges from the tourists shall \r\nbe set out in a rate list drawn up by a licensed travel agency from time to time and \r\napproved by the Committee. \r\n(2) A copy of the rate list referred to in sub­section (1) for the time being in \r\nforce shall be posted at some conspicuous part of the office of the travel agency. \r\n9. Alterations.— A licensed travel agency shall, on payment of the prescribed \r\nfee, have every change in its nature or composition or its field of operation entered \r\nin the register maintai ned under section 4, within fifteen days of the day on which \r\nsuch change occurs. \r\n10. Discontinuance of business, etc .— In the  case of discontinuance  or \r\ntransfer of business, dissolution, re­organisation or winding up of a licensed travel \r\nagency, the 27[* * *] Government shall be informed by the agency within thirty days of \r\n                                                           \r\n24Substituted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.9. \r\n25Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n26Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n27Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n \r\nsuch discontinuance, transfer, dissolution, re­ organization or winding up, and on \r\nreceipt of the information, the 28[* * *]  Government may either cancel the licence  \r\ngranted to the travel agency or, in the case of transfer of business or reorganization, \r\ngrant a new licence to the transferee travel agency or to the travel agency as \r\nre­organized. \r\n11. Suspension or cancellation of licence .— The 29[* * *]  Government may, \r\nafter affording a licensed travel agency an opportunity of showing cause against the \r\naction proposed to be taken against it by order in writing, suspend the license of the \r\ntravel agency for a period not exceeding six months or cancel its licence if the \r\nagency— \r\n(a) violates the provisions of this Act or the rules or the terms and \r\nconditions of the licence or the prescribed code of conduct; \r\n(b) suspends its business without intimation to, or permission of, the 30[* * *] \r\nGovernment and does not resume it within six months from the date of \r\nsuch suspension or within the time specified by the 31[* * *] Government; \r\n(c) contravenes the provisions of sub­section (1) or sub­section (4) of \r\nsection 7; or \r\n(d) becomes a person to who m a licence cannot be granted under \r\nsub­section (3) of section 4. \r\n12. Complaints, Appeal and review.— Any traveller having a complaint against \r\nany travel agency may approach the Committee which shall dispose of the same in \r\nthe prescribed manner. \r\n32[13. Appeal.– (1) Any person aggrieved by an order under this Act may, within \r\nthirty days of the date of such order, prefer an appeal to- \r\n(a) the Deputy Controller, where such order has been passed by an \r\nAssistant Controller or an Inspector;  \r\n(b) the Controller, where such order, not being an order passed in \r\nappeal under clause (a), has been passed by a Deputy \r\nController; and \r\n(c) Secretary to the Government, Tourism Department, where such \r\norder, not being an order passed in appeal under clause (b), has \r\n                                                           \r\n28Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (X IV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n29Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n30Omitted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n31Omitted by the Punjab Travel Agencies (Amendmen t) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2. \r\n32Substituted by the Punjab Travel Agencies (Amendment) Ordinance 2021 (XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.10. \r\n \r\nbeen passed by the Controller. \r\n (2) Secretary to the Government, Tourism Department may of its own \r\nmotion, or on the application of any owner or manager of a travel agency aggrieved \r\nby an order passed under sub -section (1), except an order under clause (c) of \r\nsubsection (1), w ithin the prescribed time and in the prescribed manner, pass such \r\norder in relation thereto as it thinks fit. \r\n (3) No order against the owner, manager, partner or director of a travel \r\nagency shall be passed under this section unless he has been given an opportunity of \r\nshowing cause against it and of being heard.] \r\n33[14. Penalty.– Any travel agency which contravenes or fails to comply with the \r\nprovisions of this Act or the rules or violates the prescribed code of conduct shall, \r\nwithout prejudice to any other action that may be taken against it under this Act, be \r\npunishable, for the first offence, with fine which may extend to one hundred thousand \r\nrupees and for subsequent offence with a fine which may extend to two hundred \r\nthousand rupees or with the sealing of the premises or both.] \r\n34[14-A. Indemnity.- No suit, prosecution or other legal proceedings shall lie against \r\nthe Government, the Controller, any officer or authority of the Government, or a \r\nmember of the Committee in respect of anything which is done in good faith under \r\nthis Act.] \r\n35[15. Delegation and supervision.– (1) The Government may, by notification in the \r\nofficial Gazette, direct that any of its powers under this Act shall, subject to such \r\nconditions as may be specified in the notification, be exercised by the Controller or \r\nany other officer of authority of the Government, in such manner as may be \r\nprescribed. \r\n (2) The Controller may, by notification in the official Gazette, delegate any of \r\nits powers under this Act to the Deputy Controller, Assistant Controller and Inspector. \r\n (3) Subject to t he provisions of this Act, the Controller shall perform \r\nfunctions and discharge duties under the general supervision and control of the \r\nGovernment. \r\n (4) Subject to the provisions of this Act and of such orders as may from time \r\nto time be made by the Govern ment, Deputy Controllers, Assistant Controllers and \r\nInspectors shall exercise their powers and perform functions under the general \r\nsupervision and control of the Controller.] \r\n36[15-A. Issuance of ticket .- A travel agency may hold passport of a tourist for \r\n                                                           \r\n33Substituted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.11. \r\n34Inserted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.12. \r\n35Substituted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.13. \r\n36Added by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.14. \r\n \r\nissuance of air ticket and confirmation of seats from airlines or organizing group tours \r\nfor citizens of Pakistan to a foreign country.] \r\n16. Power to make  rules.—(1) The 37[* * *]  Government may, by notification in \r\nthe official Gazette, make rules for carrying out the purposes of this Act. \r\n(2) In particular, and without prejudice to the generality of the foregoing \r\npower, such rules may provide for all or any of the following matters, namely:— \r\n(a) the fees payable for the issue and renewal of a licence, \r\ndepending on the nature of the services to be rendered by an \r\napplicant to tourists and the number of branch offices the \r\napplicant proposes to establish; \r\n(b) the form in which an application for a licence is to be made; \r\n(c) the form of the licence; \r\n(d) the code of conduct; \r\n(e) the conditions to which a licence shall be subject; and \r\n(f) the manner in which, and the  time within which, an appeal under \r\nthis Act may be preferred. \r\n                                                                                                                                                                                        \r\n \r\n37Omitted by the Punjab Travel Agencies  (Amendment) Ordinance 2021 ( XIV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated:  25th March 2021, pp. 7389-7392 s.2.",
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