Section 2 in The Punjab Prevention of Human Smuggling Act, 2012
2. Definitions.
- In this Act, unless context otherwise requires,-(a)"cheating" shall have the same meaning as assigned to it in section 415 and includes cheating by personation as specified in section 416 of the Indian Penal Code, 1860 (Central Act 45 of 1860);(b)"competent authority" means an officer appointed by the State Government, by notification, to be the competent authority for the purpose of this Act;(c)"dependent" means any person, who is related to an emigrant and is also dependent on that emigrant;(d)"device" means any machinery or instrument that may be used or intended to be used for the purpose of forging or counterfeiting any document, passport, visa, entry permit or travel ticket;(e)"document" means any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of these means, intended to be used or which may be used, as evidence of that matter;(f)"emigrant" means any citizen of India, who intends to emigrate or emigrates orhas emigrated, but does not include,-(i)a dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that emigrant has lawfully emigrated; and(ii)any person, who has resided outside India for a minimum period of three years after attaining the age of eighteen years or his spouse or child;(g)"human smuggling" shall mean and include illegally exporting, sending or transporting persons out of India or any type of facilitation thereto by receiving money from them or their parents, relatives or any other person interested in their welfare, by inducing, alluring or deceiving or cheating;(h)"illegally acquired property" means any property whether movable or immovable, acquired by illegal means by a travel agent in contravention of the provisions of this Act;(i)"license" means a license issued by the competent authority under sub-section (2) of section 4 of this Act;(j)"Licensee" means a person to whom a license is granted under this Act;(k)"prescribed" means prescribed by rules made under this Act;(l)"State Government" means the Government of the State of Punjab in the Department of Home Affairs and Justice; and(m)"travel agent" means a person doing the profession which involves arranging, managing, or conducting affairs relating to sending persons abroad .or which arise out of the affairs of persons sent to a foreign country, except for carrying out the business of recruitment being governed under the Emigration Act, 1983 (Central Act 31 of 1983), and shall include all or any of the following, namely:-(a)processing of applications for or relating to grant of passport or visa; or(b)acting as an agent for a company, firm or such type of bodies or entities for-(i)selling air travel tickets; and(ii)providing means of transportation for travel to a foreign country by land or sea; or(c)providing consultancy visa service or guidance to the persons intending to go abroad for-(i)acquiring education;(ii)undertaking a pleasure trip as a tourist or traveler;(iii)getting medical treatment;(iv)arranging cultural entertainment or musical shows;(v)spreading or preaching religion; or(vi)participating in sports tournaments or events; or(d)giving an advertisement or publicity, which relates directly or indirectly to any field of travel to a foreign country by means of publication, transmission, communication or internet; or(e)holding of seminars or delivering of lectures to promote emigration or rendering assistance for such purposes; or(f)arranging matrimonial alliances and adoptions for the purpose of emigration; or(g)arranging travel of any person from India to abroad for any purpose whatsoever; or(h)acting as freelancing type tout for any of the purposes mentioned in clauses (a) to (g).
