The Bangladesh Travel Agencies (Registration and Control) Ordinance, 1977

An Ordinance to provide for the registration and control of travel agencies in Bangladesh.

Ordinance NO. XLVIII OF 1977

12th October, 1977

An Ordinance to provide for the registration and control of travel agencies in Bangladesh. WHEREAS it is expedient to provide for the registration and control of travel agencies in Bangladesh and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-

Section 1. Short title and commencement

(1) This Ordinance may be called the Bangladesh Travel Agencies (Registration and Control) Ordinance, 1977.

(2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

Section 2. Definitions

In this Ordinance, unless there is anything repugnant in the subject or context,-

(a) “prescribed” means prescribed by rules made under this Ordinance;

(b) “Registration Authority” means an officer authorised by Government by notification in the official Gazette to exercise all or any of the powers of the Registration Authority under this Ordinance;

(c) “Registration Certificate” means a certificate issued by the Registration Authority to carry on the business of travel agency;

(d) “travel agency” means the business of making travel arrangements that is, the work of providing transportation, residence and such other facilities as are connected with the travel on the basis of commission charges.

Section 3. Prohibition against establishing or continuing a travel agency without registration

No travel agency shall be established or continued except in accordance with the provisions of this Ordinance.

Section 4. Application for registration, etc.

(1) Any person intending to establish a travel agency and any person intending that a travel agency already in existence should be continued as such, shall, in the prescribed form and on payment of the prescribed fee, make an application to the Registration Authority.

(2) The Registration Authority may, on receipt of the application make such enquiries as it considers necessary, and either grant the application, or, for reasons to be recorded in writing, reject it.

(3) If the Registration Authority grants the application, it shall issue, in the prescribed form, a Registration Certificate to the applicant.

Section 5. Establishment and continuance of travel agency

(1) A travel agency not in existence on the coming into force of this Ordinance shall not be established except after a Registration Certificate has been issued under sub-section (3) of section 4 to the travel agency.

(2) A travel agency already in existence shall not be continued for more than six months from the date on which this Ordinance comes into force, unless an application for its registration has, within thirty days of such date, been made under sub-section (1) of section 4.

(3) A travel agency already in existence, in respect of which an application under sub-section (1) of section 4 has been made within thirty days of the coming into force of this Ordinance, may, notwithstanding anything contained in sub-section (2), continue pending the disposal of the application, but shall close down immediately if the Registration Certificate under sub-section (3) of section 4 is refused.

Section 6. Cancellation of the Registration Certificate of a travel agency

If, after making such enquiries as it may think fit, the Registration Authority is satisfied that a registered travel agency has been responsible for any irregularity in business dealings or for any maladministration in the conduct of its affairs or has failed to comply with the provisions of this Ordinance or the rules made thereunder, it may, by order in writing, cancel the Registration Certificate of the travel agency.

Section 7. Appeal

If the Registration Authority rejects an application for registration under section 4, or cancels the Registration Certificate under section 6, the applicant may, within thirty days from the date of the order of the Registration Authority, prefer an appeal to the Government and the order made by the Government shall be final and given effect to by the Registration Authority.

Section 8. Penalty

Any person who contravenes any of the provisions of this Ordinance, or any rule or order made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka two thousand, or with both.

Section 9. Cognizance of offence

No Court shall take cognizance of an offence under this Ordinance except upon a complaint in writing made by the Registration Authority, or by an officer authorised by it in this behalf.

Section 10. Indemnity

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Ordinance.

Section 11. Power to make rules

(1) The Government may, by notification in the official Gazette, make rules for carrying into effect the provisions of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) prescribing the information and documents to be furnished by an applicant for obtaining Registration Certificate;

(b) prescribing the forms to be used under this Ordinance;

(d) prescribing the fees payable in respect of Registration Certificate issued under this Ordinance;

(e) prescribing the conditions of Registration Certificate issued under this Ordinance; and

(f) regulating the conduct of travel agency in their business and prescribing a code of conduct for travel agents.