EXPLAINER: How new Travel Agents Act is mere piece of paper without rules

When CM Nayab Singh Saini had introduced the Bill on Haryana Registration and Regulation of Travel Agents during the Budget Session in March, he had specifically pointed out that there was a need to curb the activities of those agents who send innocent youth abroad illegally, as many of them end up in jails.

After the Bill was passed unanimously, the Haryana Governor gave his assent to the Act on April 5 and on April 9 it was notified in the government gazette. The Act’s rules have still not been framed, though seven months have passed. The police cannot implement the provisions without rules, reducing the Act to a mere piece of paper.

Meanwhile, the return of over 50 youth from the US recently, while being chained, has again brought the urgency to implement the Act into the limelight.

What is the ‘Haryana Registration and Regulation of Travel Agents Act, 2025’?

The Haryana government had earlier brought the ‘Haryana Registration and Regulation of Travel Agents Act, 2024’. But the Union Ministry of Home Affairs had sought comments from the State Government on the observations of the Ministries of Home Affairs, Tourism and Corporate Affairs. In the meantime, three new criminal laws were implemented from July 1, 2024. After “deliberations”, the State Government withdrew the Bill and informed the Assembly about the same on March 10. The House was told that a fresh Bill would be introduced.

On March 18, the ‘Haryana Registration and Regulation of Travel Agents Bill, 2025,’ was introduced, and on March 26, it was passed.

The Statement of Objects and Reasons for bringing the Bill stated, “Whereas, it has come to notice that innocent and unemployed youth of Haryana are being lured into traps of illegal immigration on a large scale through illegitimate means. The unscrupulous and unregistered travel agents deceive such persons by promising them easy and quick immigration to foreign countries. These agents promise to arrange work visas, work permits, and study visas through offer letters from universities and colleges in foreign countries, but in many cases, they fail to deliver on their promises... They charge exorbitant fees and demand huge amounts of money at different stages.

Many a time, these agents send innocent persons to foreign countries illegally, and such persons are caught and put behind bars by the police of those countries; therefore, there is a dire need to curb the illegal activities of such travel agents.” The Governor gave its assent on April 5, and on April 9, it was notified.

What are the punishment provisions in the Act?

The Act includes penalties for human smuggling or the creation of forged documents, with sentences not less than seven years and up to 10 years. It also imposes a fine ranging from Rs 2 lakh to Rs 5 lakh. Additionally, anyone operating as a travel agent without registration faces a minimum of two years’ imprisonment, which can extend to seven years.

At present, cases against travel agents who send people abroad through the ‘donkey’ route are being registered under sections for cheating and forgery (Indian Penal Code/Bharatiya Nyaya Sanhita), which carry lesser punishments than those under the Act. The sentence prescribed may extend to seven years with a fine.

Is there a provision for compensating the victims of immigration frauds?

Usually, people who go through the ‘donkey’ route — a term used by traffickers for entering a foreign country illegally via multiple stops in other countries — lose lakhs to travel agents. The money is paid to other agents who are part of a long chain that channels people through illegal routes into the US. Usually, it takes Rs 40-60 lakh to send a person to the US through the ‘donkey’ route. Section 17 of the Act provides that the Court “may also award a reasonable amount of compensation to the aggrieved person to be paid by the travel agent”.

At present, there is no provision for compensating the victims.

How can registration of agents under the Act help?

Sections 3 and 4 of the Act deal with the registration of travel agents with a competent authority, which is mandatory for undertaking business. The authority can cancel the registration certification if the travel agent is found to be involved in human smuggling or in the preparation of forged documents, or has been convicted by a court for any criminal offence.

Also, Section 14 of the Act says that, while trying offences under this Act, the Court shall decide whether any illegally acquired property is liable to confiscation and, if so, may order its confiscation in the manner it deems fit.

However, sans rules, the government has yet to appoint the competent authority.

What is the provision of the Ombudsman in the Act?

Section 16 of the Act says that any person aggrieved by 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 to redress the grievance and if deems fit, may refer the case to the police authority of respective jurisdiction.

However, no ombudsman has been appointed, as no rules have been notified.