India - Salient features of the new Punjab Bill
The Punjab Prevention of Human Smuggling Bill 2010 was described as an Act to provide for the regulation of the profession of travel agents with a view to check and curb their illegal, fraudulent activities, and malpractices of the persons involved in organised human smuggling in the State of Punjab and for the matters connected therewith or incidental thereto. This law has seven noteworthy features:
- For the first time, it defines ‘human smuggling' and ‘travel agent'.
- Provides for a licensing regime for agents and requires compulsory bank guarantees.
- Gives power of search, seizure and arrest.
- Creates special designated Courts for trials under the Act.
- Identifies defined variable punishment for offences under the Act.
- Provides for making of complaints by aggrieved persons to Judicial Magistrates for trial before Special Courts.
- Authorises Special Courts to decide whether any illegally acquired property is liable to be confiscated.
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