LexThe Himachal Pradesh Tourism Development and Registration Act, 2002
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH TOURISM DEVELOPMENT AND
REGISTRATION ACT, 2002
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER- I
PRELIMINARY
1. Short title, extent and commencement.
2. Exemptions.
3. Definitions.
CHAPTER- II
TOURISM DEVELOPMENT BOARD
4. Establishment and constitution of the Board.
5. Term of office.
6. Disqualifications.
7. Meetings of the Board.
8. Powers and functions of the Board.
9. Grants to the Board by the Government.
10. Funds of the Board.
11. Investment of funds.
12. Borrowing power of the Board.
13. Employees of Board.
14. Accounts and Audit.
15. Special audit of accounts.
16. Annual report.
CHAPTER- III
TOURISM DEVELOPMENT COUNCIL
17. Establishment and constitution of the Council.
18. Term of office.
19. Disqualifications.
20. Meetings of the Council.
21. Powers and functions of the Council.
22. Accounts and audit.
2 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
23. Special audit of accounts.
24. Annual report.
CHAPTER- IV
REGISTRATION OF TOURISM UNITS, TRAVEL
AGENTS, GUIDES AND ADVENTURE SPORTS
OPERATORS
25. Registration of the tourism unit.
26. Registration of the travel agent or guide.
27. Registration of the adventure sports operator.
28. Certificate of registration of the tourism unit, travel agent, guide
and adventure sports operator.
29. Refusal to register the tourism unit, travel agent, guide and
adventure sports operator.
30. Removal of name of tourism unit, travel agent, guide and
adventure sports operator from the register.
31. Classification of tourism unit.
32. Notifying the fair rates.
33. Revision of fair rates.
34. Notifying the fair rates until notified by the prescribed
authority.
35. Display of information.
36. Charges recoverable in excess of fair rates.
37. No ejectment to be made if fair rates paid.
38. When tourism unit operator may recover possession.
39. Tourism unit operator, travel agent, guide and adventure sports
operator to present detailed bills.
40. When the tourism unit operator may honour confirmation of
bookings at a particular rate.
41. Power of entry, inspection, seizer and supply of statisti cal data
by tourism unit operator etc.
42. Travel agent, guide and adventure sports operator not to
demand tips etc.
43. Insurance.
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 3
CHAPTER- V
APPEAL AND REVISION
44. Appeal.
45. Revision.
CHAPTER- VI
OFFENCES AND PENALTIES
46. Penalty for default in registration.
47. Penalty for false statement.
48. Certificate not to be assigned without permission.
49. Certificate to be shown to persons on demand.
50. Penalty for malpractice.
51. Obstructing lawful authorities.
52. Power of court to try cases summarily.
53. Institution of proceedings.
54. Powers of Prescribed authority to summon and enforce
attendance of witnesses and other persons.
55. Composition of offences.
CHAPTER- VII
MISCELLANEOUS
56. Notification of changes.
57. Return of the certificate of registration.
58. Duplicate certificate.
59. Renewal of certificate.
60. Certificate of registration to be kept exhibited.
61. Proceedings before the prescribed authority to be judicial
proceedings.
62. Indemnity.
63. Power of Government to apply Act to other persons.
64. Power to make rules.
65. Repeal and savings.
___________
4 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND
REGISTRATION ACT, 2002
(Act No. 15 of 2002)1
(Received the assent of Governor on the 24 th June, 2002 and was
published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra -
ordinary), dated 28th June, 2002, pp. 771- 823).
AN ACT to re-enact a law relating to registration of persons engaged in
tourist trade, constitution of the Tourism Development Board and
other matters connected therewith.
Amended, repealed or otherwise affected by,-
(1) H.P. Act No. 30 of 2011 2 assented to by the Governor on the
24th May, 2011, published both in Hindi and English in the
Rajpatra, Himachal Pradesh on 27th May, 2011, pp. 900- 902.
(2) H.P. Act No. 14 of 2020 3assented to by the Governor on the
12th November, 2020, published both in Hindi and English in
the Rajpatra (e -Gazette), Himachal Pradesh dated 17 th
November, 2020, pp. 5212-5216.
(3) H.P. Act No. 2 of 2024 4 assented to by the Governor on the
14th February, 2024, published both in Hindi and English in
the Rajpatra (e -Gazette), Himachal Pradesh dated 23 rd
February, 2024, pp. 12694-12698.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty- third Year of the Republic of India, as follows:-
CHAPTER- I
PRELIMINARY
1. Short title, extent and commencement .- (1) This Act may be
called the Himachal Pradesh Tourism Developm ent and Registration Act,
2002.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 25 th
March, 2002, pp. 4575 and 4602.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dated 18 th April, 2011, pp. 297-
298 and 299-300.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra (e-Gazette), Himachal Pradesh dated 15th September,
2020, pp. 3545 and 3548.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha, for Statement of Objects
and Reasons see the Rajpatra (e -Gazette), Himachal Pradesh Dated 22 nd
December, 2023, pp. 11134 and 11137.
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 5
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force on such date 1 as the State Government
may, by notification in the Official Gazette, appoint.
2. Exemptions.- (1) The Government may direct that all or any of the
provisions of this Act shall not, subject to such terms and conditions as it may
specify, apply generally,-
(i) to a premises used for a public purpose of a charitable nature
or to any class of premises used for such purposes;
(ii) to a premises held by a public trust for a religious or
charitable purpose and let out at a nominal rent;
(iii) to a premises held by a public trust for a religious or
charitable purpose and administered by a local authority; and
(iv) to a rest house, dak bungalow, circuit house, inspection hut,
serai or any institution or premises managed or run by the
Government or a local authority.
(2) The Government may also by order, direct that all or an y of the
provisions of Chapter-IV shall not apply to such hotels or institutions, or such
class of hotels or institutions, subject to such terms and conditions, if any, as
may be specified in the order.
3. Definitions. - In this Act, unless there is anything repugnant in the
subject or context,-
(a) “adventure sports” means an outdoor activity undertaken for
sports or recreation on land or in water or in the air, as the
case may be, which shall include water sports, aero -sports,
trekking, rafting, skiing, heli -skiing, bunji -jumping and
ballooning with an inherent risk to the life or limb of the
participant or any other sports as may be notified by the
Government from time to time;
(b) “adventure sports operator” means any person or organization
or enterprise, as the case may be, engaged in or offering to
engage for adventure sports on commercial basis i.e. for the
purpose of training, recreation or sports;
(c) “Board” means Tourism Development B oard established
under section 4 of this Act;
(d) “Certificate of registration” means a certificate issued under
this Act;
1. Act came into force from. 15 th day of July, 2002 vide Not ification No. 5-3/86-
Tourism, dated 12 th July, 2002 , published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 12th July, 2002, p. 960.
6 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
(e) “Council” means Tourism Development Council established
under section 17 of this Act;
(f) “Government” means the Government of Himachal Pradesh;
(g) “guide” means a person who engages himself as a paid guide
for the tourists;
1[(gg)“home stay” means any private house located in the State,
which will be made available to the tourists for
accommodation;]
(h) “local authority” means the Municipal Corporation or
Municipal Council or Cantonment Board or Nagar Panchayat
or Gram Panchayat or Special Area Development Authority;
(i) “malpractice” includes cheating, touting, impersonation,
obstruction in allowing free choice for stay or travel
arrangement, charging rent or remuneration higher than that
fixed under this Act, failure to display the rent list, failure to
give cash memos, wilful failure to execute an order within the
stipulated period and according to the terms agreed upon,
failure to provide accommodation to the tourists when
available, failure to provide promised facilities and providing
substandard equipment and untrained personnel by the
adventure sports operator;
Explanation.- The ex pression “touting” means coercing for
accommodation, transportation, sight seeing or pestering
for any particular premises, establishment or any other
services connected with tourism with the consideration
of personal benefit;
(j) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “prescribed authority” means the authority notified as such by
the Government; provided that different authorities may be
notified for different areas a nd for different provisions of this
Act;
(m) “season” means the period from 15 th April to 15 th July and
from 15 th September to 15 th January; and rest of the period
shall constitute “off- season”;
(n) “tourism unit” means any establishment providing facilities
and services to the tourists and includes hotel, resorts, motels,
time share units, 2[Home Stays,] apartments, house -boats,
motor caravans, guest houses, yatri niwases, restaurants and
1. Clause (gg) inserted vide H.P. Act No. 2 of 2024.
2. The words and sign “Home Stays,” inserted vide H.P. Act No. 2 of 2024.
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 7
bars, amusem ent parks, theme par ks, water sports centres,
aero-sports centres, golf courses, handicraft village
complexes, camps, river cruises, lake cruise projects, light
and sound shows, adventure sports complexes, 1[Ropeways,
Convention Centres and Wellness Centres,] training institutes
for adventure sports or tourism industry doing business for a
monetary consideration and any other type of establishment
as may be notified by the Government from time to time;
(o) “tourism unit operator” means any person who owns , runs or
operates a tourism unit and includes a person managing or
operating the affairs on behalf of the proprietor;
(p) “tourist” means a person or group of persons, including
pilgrims visiting the State of Himachal Pradesh; and
(q) “travel agent” m eans a person engaged in the business of
making travel arrangements for tourists for monetary
consideration.
Explanation.- the expression “travel arrangements” includes,-
(a) arrangement for transportation by any mode;
(b) arrangement for lodging with or without board; and
(c) rendering other services such as arranging for games and
sports or receipt or despatch of personal belongings of a
tourist or taking photograph(s) of a tourist, hiring of guides,
photographers, arranging equipment for travel or adventure
sports.
CHAPTER- II
TOURISM DEVELOPMENT BOARD
2[4. Establishment and constitution of the Board .- (1) The
Government may, by notification in the Official Gazette, establish a Board to
be known as the “Tourism Development Board” for carrying out the purposes
of this Act.
(2) The Board shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal, with power to acquire, hold
and dispose of property and to contract and may, by the said name sue and be
sued.
(3) The Board shall consist of the following members :-
(i) Chief Minister of Himachal Pradesh Chairman;
(ii) Tourism Minister of Himachal Pradesh Senior Vice-Chairman;
1.The words and sign “Ropeways, Convention Centres and Wellness Centres, ” inserted vide
H.P. Act No. 2 of 2024.
2. Section 4 substituted vide H.P. Act No. 14 of 2020.
8 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
(iii) A person nominated by the Government Vice- Chairman;
(iv) Official members:
(a) Chief Secretary to the Government of Himachal Pradesh;
(b) Secretary (Tourism) to the Government of Himachal
Pradesh;
(c) Secretary (Finance) to the Government of Himachal
Pradesh;
(d) Secretary (Forest) to the Government of Himachal
Pradesh;
(e) Secretary (PWD) to the Government of Himachal Pradesh;
(f) Secretary (Urban Development) to the Government of
Himachal Pradesh;
(g) Secretary (Town and Country Planning) to the
Government of Himachal Pradesh;
(h) Secretary (Youth Services and Sports) to the Government
of Himachal Pradesh;
(i) Secretary (Health/Ayurveda) to the Government of
Himachal Pradesh;
(j) Secretary (Horticulture) to the Government of Himachal
Pradesh;
(k) Secretary (Excise and Taxation) to the Government of
Himachal Pradesh;
(l) Secretary (Industries) to the Government of Himachal
Pradesh;
(m) Secretary (Planning) to the Government of Himachal
Pradesh;
(n) Secretary (Law) to the Government of Himachal Pradesh;
and
(o) Secretary (Language, Art and Culture) to the Government
of Himachal Pradesh;
(v) Non-official members:
(a) four representatives of the Hotels Associations;
(b) two representatives of the Travel Agent's Associations;
(c) two representatives of the Adventure Sports Operator's
Associations;
(d) two representatives of the other interested groups of
tourism industry;
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 9
(e) three non -official members, to be nominated by the
Government, by notification, from amongst the persons,
having outstanding contribution or expertise in the field
of development and promotion of tourism industry and
having experience of working in the tourism trade for
atleast 10 years; and
(f) two representatives of the registered Non -Government
Organizations; and
(vi) Director (Tourism), Himachal Pradesh Ex-Officio
Member-Secretary.
(4) The Vice -Chairman and non -official members shall be paid such
allowances, as may be prescribed.]
5. Term of office.- (1) The term of office of the 1[Vice-Chairman and
the] non- official members shall be two years and they shall be eligible for re-
appointment.
(2) If the Government considers that the continuance in office of 2[
the Vice-Chairman or] any non-official members is not in the interest of the
Board, the Government may make an order terminating his term and
thereupon, he shall cease to be a member of the Board notwithstanding the
fact that the term to which he was nominated has not expired.
(3) 3[The Vice -Chairman or any ] non-official member of the Board
may resign from his office by a letter addressed to the Chairman and the
resignation shall take effect from the date of acceptance of his resignation by
the Chairman.
6. Dis qualifications.- A person shall be disqualified for being 4[the
Vice-Chairman or] a non- official member, if he-
(a) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the Government, involves
moral turpitude; or
(b) is an un- discharged insolvent; or
(c) is of unsound mind; or
(d) has been dismissed or removed from the service of the
Government or a Corporation owned or controlled by the
Government; or
(e) has directly or indirectly, by himself or by any partn er,
employer or employee, any share or interest in any contract or
employment with, by or on behalf of the Board.
1. Inserted vide H.P. Act No. 14 of 2020.
2. Inserted vide H.P. Act No. 14 of 2020.
3. Substituted for the word “Any” vide H.P. Act No. 14 of 2020.
4. Inserted vide H.P. Act No. 14 of 2020.
10 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
7. Meetings of the Board .- (1) The Board shall meet and shall from
time to time make such arrangements with respect to the day, time, notice,
management and adjournment of its meetings as it thinks fit, subject to the
conditions that-
(a) an ordinary meeting shall be held twice in a year;
(b) the Chairman may, whenever he thinks fit, call a special
meeting;
(c) every meeting shall be pre sided over by the Chairman and in
his absence by 1[the Senior Vice-Chairman and in the absence
of both, the Vice -Chairman and in the absence of all the
above] by any other member chosen by the members present;
(d) the Member-Secretary of the Board shall make available the
notice alongwith the agenda of the meeting to all the members
of the Board atleast twenty four hours before the meeting
takes place; and
(e) the presence of 50% members of the total number of the
members of the Board shall form the quorum of a meeting.
(2) The decisions of the Board shall be atteste d and maintained by the
Member-Secretary of the Board.
8. Powers and functions of the Board.- (1) The Board may,-
(a) advise the Government to lay down policy guidelines for the
development and promotion of tourism industry in the State;
(b) publicise Himachal as an attractive tourist destination within
and outside the country and establish image of Himachal
Pradesh as a safe reliable tourist destination;
(c) undertake improvement in the tourist areas to the extent
possible within the resources of the Board;
(d) undertake income generating projects for the benefit of
tourism industry/tourists in general;
(e) provide assistance to the Department of Tourism, Tourism
Development Councils, Tourism Development Corporation,
other departments of the Gove rnment, Semi Government
Organizations, Non -Government Organizations to promote
tourism industry and to enter into joint ventures with such
departments and agencies;
(f) undertake human resource development effort for the
development of sustainable tourism industry in the State;
1. Substituted for the word “the Vice-Chairman and in the absence of both”
vide H.P. Act No. 14 of 2020.
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 11
(g) work in collaboration with counterpart bodies in other States
for the overall development of tourism industry and to
undertake joint projects with other Government and Semi -
Government Organisations elsewhere in the country;
(h) create employment opportunities and to earn foreign
exchange through development, expansion and promotion of
tourism and civil aviation;
(i) carry out action research or get it done as per necessity to find
out ways to eliminate problems encountered in tourism sector
so as to provide quality services to the tourists;
(j) take steps to motivate the private sector to encourage the
tourists to visit the places of religious and cultural
importance, high mountains and the areas of alluring natural
beauty of the State by making use of the existing physical
infrastructure related with tourism in an organised and
effective manner;
(k) take steps to organize constructive and tourism promotional
activities including international seminars and conferences,
trade fairs, cultural youth festivals and sports competitions
and to encourage private sector to organize and participate in
such activities;
(l) give priority to rural tourist destinations while developing
new tourist destinations and consolidating touri sm
infrastructure and facilities and to motivate local rural
community to undertake various activities for rural tourism
development;
(m) mobilize or get mobilized investment for infrastructure
building and development of new tourist destinations;
(n) protect and promote religious places of tourist interest, to
extend facilities and services in such places of religious and
cultural importance for attracting more tourists and for
developing religious tourism;
(o) develop and promote wildlife and eco-tourism;
(p) implement or get implemented publicity programmes on
various levels for raising tourism consciousness;
(q) make special arrangements for the security of the tourists by
standardizing services and facilities provided to the tourists
by tourism entrepreneures;
(r) provide and make provisions for necessary services and
consultation in subjects related to tourism;
12 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
(s) negotiate with foreign or international organizations with the
approval of Government for the fulfilment of the Board's
objectives;
(t) approve necessary budget for conducting Board's annual
programmes;
(u) perform other necessary activities related with the
development, extension and promotion of tourism;
(v) issue guidelines to the Tourism Development Councils;
(w) to assist in the formation and functioning of society related to
adventure tourism; and
(x) perform such other functions as may be entrusted to it by the
Government from time to time.
(2) The Board may, with the approval of the Government, charge fee
or rent,-
(a) for the registration and renewal of registration of tourism
units, travel agents, guides, adventure sports operators or
other persons requiring registration and licence under this
Act; and
(b) for promotion of destination or location by way o f common
publicity.
(3) The Board may, on its own, charge fee of rent,-
(a) for the parking of vehicles provided by the Board to the
tourists; and
(b) for the facilities provided by the Board to the tourists in
tourism units.
(4) The Board may, recei ve donations and grants from any
Government, Semi- Government or Non- Government Organizations.
9. Grants to the Board by the Government .- The Government may,
after due appropriation made by Legislature by law, in this behalf pay to the
Board, on such ter ms and conditions as the Government may determine by
way of loans or grants such sums of money as the Government may consider
necessary for the efficient discharge by the Board of its functions under this
Act.
10. Funds of the Board.- (1) The Board shall have its own funds and
all receipts of the Board shall be credited thereto and all payments of the
Board shall be made therefrom.
(2) The Board shall have power, subject to the provisions of this Act,
to spend such sums as it thinks fit to cover all admin istrative expenses of the
Board and on objects or for purposes authorised by this Act and such sums
shall be treated as expenditure out of the funds of the Board.
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 13
(3) All moneys standing at the credit of the Board which can not
immediately be applied as provided in sub-section (2) shall be deposited in the
State Bank of India or in such Scheduled Bank or Co - operative Bank in the
State or Post Office and subject to such conditions as may from time to time
be specified by the Government.
Explanation.- In this s ub-section, the expression “Scheduled Bank”
has the same meaning as assigned to it in clause (e) of section 2 of the Reserve
Bank of India Act, 1934 ( 2 of 1934) .
11. Investment of funds .- The Board may invest its funds in the
securities of the Government or in such other manner as may be prescribed.
12. Borrowing power of the Board .- (1) The Board may, with the
approval of the Government or in accordance with the terms of any general or
special authority given to it by the Government, borrow money from any
source by issuing the bonds, debentures or such other instruments as it may
deem fit for discharging all or any of its functions under this Act.
(2) The Government may guarantee, in such manner as it thinks fit,
the repayment of the principal an d the payment of interest thereon with
respect to the loans borrowed by the Board under sub-section (1).
(3) Subject to such limits as the Government may, from time to time,
lay down, the Board may borrow temporarily by way of overdraft or
otherwise such amount as it may require for discharging its functions under
this Act.
13. Employees of Board .- (1) The Government may depute to the
service of the Board such of its employees from the Tourism Department or
from any other Department as it consider necessary.
(2) The service conditions of deputed employees shall be such as may
be prescribed by the Government from time to time.
(3) The Board may employ any person on contract basis as it may
consider necessary on such terms and conditions as may be determined by it.
14. Accounts and Audit .- (1) The Board shall maintain proper
accounts and other relev ant records and prepare an annual statement of
accounts including the profit an d loss account and the balance -sheet in such
form as may be prescribed by the Government.
(2) The accounts of the Board shall be audited annually by the Local
Audit Department, Himachal Pradesh and any expenditure incurred by it in
connection with such audit shall be payable by the Board to the Local Audit
Department, Himachal Pradesh.
(3) The Local Audit Department, Himachal Pradesh shall have the
same rights and privileges a nd authority in connection with such audit as
Accountant General of Himachal Pradesh has in connection with the audit of
Government accounts and in particular, shall have the right to demand the
14 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
production of books, accounts, connected vouchers, documents and papers of
the Board.
(4) The accounts of the Board as certified by the Local Audit
Department, Himachal Pradesh together with the audit report thereon shall be
forwarded annually to the Government and the Government shall cause the
same to be laid before the Legislative Assembly.
15. Special audit of accounts .- (1) Notwithstanding anything
contained in section 14, the Government may order a special audit of the
accounts of the Board to be conducted by such person or agency as it may
think fit, relatin g to any particular transaction or a class or series of
transactions for a particular period.
(2) Wh ere an order is made under sub -section (1), the Board shall
present or cause to be presented for audit such accounts and shall furnish to
the person or agency appointed under sub- section (1), such information as the
said person or agency may require for the purpose of audit.
16. Annual report .- The Member -Secretary of the Board shall
prepare the annual report of the activities of the Board within three m onths
from the date of the expiry of the financial year and a copy thereof shall be
forwarded to the Government.
CHAPTER-III
TOURISM DEVELOPMENT COUNCIL
17. Establishment and constitution of the Council.- (1) The Government
may, by notification in the Official Gazette, establish a Council to be known
as the “Tourism Development Council” for carrying out the purposes of this
Act for a specific tourist place, as may be notified by the State Government.
(2) The Council shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal, with power to acquire, hold
and dispose of property and to contract and may, by the said name s ue and be
sued.
(3) The Council shall consist of the following members, namely:-
(i) Official Members:
(a) Deputy Commissioner Chairman.
(b) Additional Deputy Commissioner and
in his absence, the concerned Sub -
Divisional Officer (Civil)
Vice-
Chairman.
(c) Divisional Forest Officer Member.
(d) Executive Engineer (P.W.D.) Member.
(e) Executive Engineer (I.P.H.) Member.
(f) Executive Officer or Secretary of the
Municipal Council or Nagar Panchayat
Member(s).
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 15
or Gram Panchayat, as the case may
be.
(g) Town Planner Member.
(ii) Non- Official Members:
(a) Representatives of Hotel Associations Two Members.
(b) Representative of Travel Agent
Associations,
One Member.
(c) Representatives from other interested
groups of tourism industry
Two Members.
(d) Four non -official members, to be
nominated by the Government, by
notification, from amongst the persons,
who have outstanding contribution or
expertise in the field of development
and promotion of tourism industry and
having experience of working in the
tourism and travel trade for at least 10
years.
(iii) District Tourism Development Officer
or Assistant Tourism Development
Officer to be nominated by the
Government
Ex-Officio
Member-
Secretary.
(4) The non-official members shall be paid such allowances as may be
notified by the Government from time to time.
18. Term of office.- (1) The non-official members shall hold office of
the Council for a period of two years from the date of their appoint ment and
they shall be eligible for re-appointment.
(2) If the Government considers that the co ntinuance in office of any
non-official member is not in the interest of the Council, the Government may
make an order terminating his term and thereupon, he shall cease to be a
member of the Council notwithstanding the fact that the term to which he was
nominated has not expired.
(3) Any non-official member of the Council may resign his office by a
letter addressed to the Chairman and the resignation shall t ake effect from the
date of acceptance of his resignation by the Chairman.
19. Disqualifications .- A person shall be disqualified for being a
member if he-
(a) has been convicted and sentenced to imprisonment for an
offence, which in the opinion of the Government involves
moral turpitude; or
(b) is an un-discharged insolvent; or
16 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
(c) is of unsound mind; or
(d) has been dismissed or removed from the service of the
Government or a Corporation owned or controlled by the
Government; or
(e) has directly or indirectly by himself or by any partner,
employer or employee, any share or interest in any contract or
employment with, by or on behalf of the Council.
20. Meetings of the Council.- (1) An ordinary meeting of the Council
shall be held once in a quarter, on the date, time and place fixed by the
Chairman.
(2) The Chairman may, whenever he thinks fit, call a special meeting.
(3) Every meeting of the Council shall b e presided over by the
Chairman and in his absence by the Vice -Chairman and in the absence of
both, by any other member chosen by the members present.
(4) The Member -Secretary of the Council shall make available the
notice alongwith the agenda of the me eting to all the members of the Council
atleast twenty four hours before the meeting.
(5) The presence of 50% members of the total number of the members
of the Council shall form the quorum of a meeting.
(6) The proceedings of the meeting of the Council shall be attested by
the Chairman and maintained by the Member-Secretary of the Council.
(7) The Council may form sub -committees as may be considered
necessary to perform its functions and activities.
(8) The duties, functions and the terms of office of the su b-
committees formed under sub-section (7) shall be determined by the Council.
21. Powers and functions of the Council .- (1) The Council shall
systematically execute and get executed necessary programmes and manage
all the activities of the Board for achieving the objectives of this Act.
(2) The Council may,-
(a) provide and maintain the tourism related services such as
information, reservations, guidance, parking, toilets,
cleanliness of tourist spots, environmental up gradation,
publicity etc;
(b) assist the local body in maintaining the sanitation and
infrastructural facilities at the tourist sports;
(c) build and maintain parks, lakes and recreation centres,
fountains or any other such facility, which may enhance the
tourism value of the area;
(d) take up developmental measures for various sections of
tourism industry and those engaged in allied activities;
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 17
(e) regulate the construction, expansion, maintenance and
operation of all tourism units and allied activities, subject to
the general superintendence and control of the Board, in such
a manner so that the tourism activities become
environmentally and culturally sustainable;
(f) prepare a tourism master plan for its area and all tourism units
and establishments performing tourism related activities shall
conform to the said master plan and the Council may order to
modify or close down the tourism units or establishments not
conforming to the master plan; and
(g) perform such other duties and functions as may be entrusted
to it from time to time by the Board or the Government.
(3) The Council may,-
(i) charge fee on any of the direct services provided by it; and
(ii) receive donations or grants from the Board, the Central
Government, the State Government, Semi-Government and
Non-Government Organizations and any other source.
22. Accounts and audit .- (1) The Council shall maintain proper
accounts and other relevant records and prepare an annual statement of
accounts including the profit and loss account and the balance - sheet in such
form as may be prescribed by the Government.
(2) The accounts of the Council shall be audited annually by the Local
Audit Department, Himachal Pradesh and any expenditure incurred by it in
connection with such audit shall be payable by the Council to the Local Audit
Department, Himachal Pradesh and the Council shall forwa rd the same to the
Board.
(3) The Local Audit Department, Himachal Pradesh shall have the
same rights, privileges and authority in connection with such audit as
Accountant General of Himachal Pradesh has in connection with the audit of
Government accounts and in particular, shall h ave the right to demand the
production of books, accounts , connected vouchers, documents and papers of
the Council.
(4) The accounts of the Council as certified by the Local Audit
Department, Himachal Pradesh together with the audit report thereon shall be
forwarded annually by the Council to the Board.
23. Special audit of accounts .- (1) Notwithstanding anything
contained in section 22, the Government may order a special audit of the
accounts of the Council to be conducted by such person or agency as it may
think fit relating to any particular transaction or a class or series of
transactions for a particular period.
(2) Where an order is made under sub -section (1), the Council shall
present or cause to be presented for audit such accounts and shall furnish t o
18 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
the person or agency appointed under sub-section (1), such information as the
said person or agency may require for the purpose of audit.
24. Annual report .- The Member -Secretary of the Council shall
prepare the annual report of the activities of the Council within three months
from the date of the expiry of the financial year and a copy thereof shall be
forwarded to the Board as well as to the Government.
CHAPTER-IV
REGISTRATION OF TOURISM UNITS, TRAVEL AGENTS,
GUIDES AND ADVENTURE SPORTS OPERATORS
25. Registration of the tourism unit .- (1) Every person intending to
operate a tourism unit shall, before operating the tourism unit, apply for
registration to the prescribed authority in the prescribed manner:
1["Provided that the tourism units already registered and functional
under any scheme of the Central or State Government shall apply for
registration within a period of 30 days from the date of commencement of the
Himachal Pradesh Tourism Development and Registration (Amendment) Act,
2023 in the manner as may be prescribed:
Provided further that applicable registration fee shall not be levied till
the expiry of the existing registration:
Provided further that such tourism units shall have to fulfill the
requirements as may be prescribed within a per iod of 90 days from the
commencement of the Himachal Pradesh Tourism Development and
Registration (Amendment) Act, 2023:”.]
Provided further that any person, operating a tourism unit, makes any
addition or alteration in the tourism unit, shall apply for fresh registration
within ninety days from the date of such addition or alteration.
(2) Every application made under sub-section (1) shall be disposed of
within a period of sixty days from the date of receipt of application, failing
which the application shall be deemed to have been accepted for registration.
(3) No person shall operate a tourism unit unless it is registered i n
accordance with the provisions of this Act.
26. Registration of the travel agent or guide .- (1) No person shall
carry on the business of a travel agent or a guide unless he is registered in
accordance with the provisions of this Act:
Provided that no p erson shall be eligible to be registered as a guide,
unless he possesses such qualifications as may be prescribed:
Provided further that notwithstanding any prescribed qualification, the
persons who are working as guides, on the date of commencement of this Act,
shall ipso-facto be registered as guides.
1. Proviso substituted vide H.P. Act No. 2 of 2024.
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 19
(2) Every person intending to act as a travel agent or a guide shall,
before he commences to act as such, apply for registration to the prescribed
authority in the prescribed manner:
Provided that any pe rson acting as a travel agent or a guide on the
date of commencement of this Act, shall apply for registration within ninety
days from the date of commencement of this Act.
(3) Every application made under this section shall be disposed of
within a period o f sixty days from the date of receipt of application, failing
which the application shall be deemed to have been accepted for registration.
27. Registration of the adventure sports operator .- (1) No person
shall carry on the business of adventure sports u nless he is registered in
accordance with the provisions of this Act.
(2) Every person intending to operate an adventure sports institute or
to act as an adventure sports operator shall, before he commences to act as
such, apply for registration to the prescribed authority in the prescribed
manner.
(3) Notwithstanding anything contained in sub-section (2), any person
already acting as an adventure sports operator shall apply for registration
within ninety days from the date of commencement of this Act.
(4) Every application made under this section shall be disposed of
within a period of sixty days from the date of receipt of application, failing
which the application shall be deemed to have been accepted for registration.
28. Certificate of registration of the tourism unit, travel agent,
guide and adventure sports operator.- The prescribed authority shall, unless
registration is refused under sections 25 or 26 or 27, direct the name and
particulars of the tourism unit or travel agent or guide or adventure sports
operator, as the case may be, cause to be entered in the register maintained for
the purpose and shall issue a certificate of registration to the tourism unit or
the travel agent or the guide or the adventure sports operator, as the case may
be, in the prescribed form.
29. Refusal to register the tourism unit, trave l agent, guide and
adventure sports operator.- The prescribed authority may refuse registration
of the tourism unit or travel agent or guide or adventure sports operator, as the
case may be, under this Act on any of the following grounds:-
(a) if the tourism unit operator or the travel agent or the guide or
the adventure sports operator, as the case may be, is convicted
of any offence under Chapters -XIV and XVI of the Indian
Penal Code, 1860 (45 of 1860) or under any of the provisions
of this Act or any offence punishable under any law providing
for prevention of hoarding, smuggling or profiteering or
adulteration of food or drugs or corruption and two years have
not elapsed since the termination of the sentence imposed
upon him;
20 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
(b) if the tourism unit operator or the travel agent or the guide or
the adventure sports operator, as the case may be, has been
declared an insolvent by a court of competent jurisdiction and
has not been discharged;
(c) if the name of tourism unit operator or a travel agent or a
guide or an adventure sports operator, as the case may be, has
been removed from the register on the grounds mentioned in
clauses (c), (d), (e) or (g) of section 30 and three months have
not elapsed since the date of such removal;
(d) if the premises of the tourism unit do not conform to the
prescribed standard;
(e) if the travel agent or a guide or an adventure sports operator
does not possess any of the prescribed qualifications;
(f) if the tourism unit operator or the travel agent or the guide or
the adventure sports operator, as the case may be, does not
hold a certificate of registration required to be held by him
under this Act;
(g) if the tourism unit operator fails to produce the proof that the
structure of the tourism unit has been built in accordance with
the building bye - laws made under the provisions of the
Himachal Pradesh Town and Country Planning Act, 1977 (12
of 1977) or under any other local laws in force; and
(h) if in the opinion of the prescribed authority, there is any
sufficient g round to be recorded in writing, for refusing
registration:
Provided that no application for registration shall be refused unless
the person applying for registration has been allowed an opportunity of being
heard.
30. Removal of name of tourism unit, tr avel agent, guide and
adventure sports operator from the register .- The prescribed authority
may, by order, in writing, remove the name of tourism unit or travel agent or
guide or adventure sports operator, as the case may be, from the register and
cancel the certificate of registration issued under section 28, on any of the
following grounds, namely:-
(a) if the tourism unit operator or the travel agent or the guide or
the adventure sports operator, as the case may be, ceases to
operate the tourism unit or ceases to act as a travel agent or a
guide or an adventure sports operator for which he is
registered;
(b) if the tourism unit operator or the travel agent or the guide or
the adventure sports operator, as the case may be, is convicted
of any offence under Chapters -XIV and XVI of the Indian
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 21
Penal Code, 1860 or under any of the provisions of this Act or
of any o ffence punishable under any law providing for the
prevention of hoarding, smuggling or profiteering or
adulteration of food or drugs or corruption and two years have
not elapsed since the termination of the sentence imposed
upon him;
(c) if the tourism unit operator or the travel agent or the guide or
an adventure sports operator, as the case may be, is declared
insolvent by a court of competent jurisdiction and has not
been discharged;
(d) if the tourism unit operator or the travel agent or the guide or
the adventure sports operator, as the case may be, fails to
comply with any of the provisions of this Act or rules framed
thereunder;
(e) if the tourism unit operator fails to remove a lodger or
wilfully keeps the lodger in a tourism unit, who becomes a
nuisance for the inmates in his tourism unit as well as
adjoining building(s);
(f) if any complaint of malpractice is received and proved against
the tourism unit operator or the travel agent or the guide or
adventure sports operator, as the case may be;
(g) if the tourism unit operator Excerpt shown. Open the full act in Lexace.