The JAMMU AND KASHMIR REGISTRATION OF TOURIST TRADE ACT, 1978

REGISTRATION OF TOURIST TRADE
ACT, 1978.
(Act No. IX of 1978)
PART I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
PART II
Registration of Dealers.
3. Registration.
4. Certificates of registration.
5. Refusal to register.
6. Removal of the name from the register.
7. Black listing of dealers.
8. Notice of removal and black listing of dealer.
PART III
Registration of Hotels
9. Registration.
10. Certificate of registration.
11. Refusal to register a hotel.
12. Removal of the name from the register.
13. Black-listing of Hotels.
14. Notice of removal and black-listing of hotel.
THE JAMMU AND KASHMIR REGISTRATION OF TOURIST
TRADE ACT, 1978
(Act No. IX of 1978)
CONTENTS
SECTION
REGISTRATION OF TOURIST TRADE ACT, 1978301
302 REGISTRATION OF TOURIST TRADE ACT, 1978
SECTION
15. Fixation of rates.
16. Hotel-keeper to display information.
17. Hotel-keeper to present detailed bill.
Part IV
Travel Agents
18. Registration.
19. Certificate of registration.
20. Refusal to register.
21. Removal of the name from the Register.
22. Black-listing of travel agents.
23. Notice of removal and black-listing of travel agents.
24. Fixation of rates.
25. Omitted
Part V
Appeal and Revision
26. Appeals.
27. Revision.
PART VI
Offences and Penalties
28. Penalty for default in registration.
29. Penalty for false statement.
REGISTRATION OF TOURIST TRADE ACT, 1978 303
SECTION
30. Certificate not to be assigned
31. Certificate and documents to be shown to persons on demand.
32. Penalty for malpractice.
33. Obstructing lawful authorities.
34. Offences to be tried Summarily.
35. Special rule of evidence.
36. Institution of proceedings.
37. Powers of the prescribed authority to summon and enforce attendance
of Witness and other persons.
38. Composition of offences.
PART VII
Miscellaneous
39. Notification of changes.
40. Return of the certificate of registration.
41. Duplicate certificate.
42. Certificate of Registration to be kept exhibited.
43. Publication of list of person removed from the register.
44. Power to inspect.
45. Fixation of rates for other services.
46. Powers of the Government to apply the Act to other Persons.
47. Powers and duties of police in respect of offences and assistance to
the prescribed authority.
48. Indemnity.
49. Reservation of powers of local authority.
304 REGISTRATION OF TOURIST TRADE ACT, 1978
SECTION
50. Power to make rules.
51. Repeal and saving.
–––––––
REGISTRATION OF TOURIST TRADE ACT, 1978 305
THE JAMMU AND KASHMIR,
REGISTRATION OF TOURIST TRADE ACT, 1978.
(Act No. IX of 1978)
[Received the assent of the Governor on 9th May, 1978 and is hereby
published for general information].
An Act to provide for the registration of persons dealing with tourists
and for matters connected therewith.
Be it enacted by the Jammu and Kashmir State Legislature in the
Twenty-ninth Year of the Republic of India as follows :–
PART I
Preliminary
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir Registration of Tourist Trade Act, 1978.
(2) It shall extend to the 1[whole of the Union territory of Jammu and
Kashmir].
2[(3) It shall come into force on such date as the Government may by
notification in the *[Government Gazette], appoint.]
2. Definitions.–In this Act, unless the context otherwise requires,–
(a) ‘black-list’ means a list maintained and exhibited by Tourism
Department for dealers, hotel-keepers and travel agents who have
been black-listed under the provisions of this Act ;
(b) ‘boat’ means house-boat, doonga, boat, shikara, motor boat, motor
launch, paddle boat, sailing boat, canoe and bathing boat ;
3[(b-1) ‘camp hotel’ means a hotel providing boarding and lodging facilities
in a tent at specified patch of land in a tourist area ;
1. Substituted for “whole of the State of Jammu and Kashmir” by S.O. 1229(E) dated
31.03.20220.
2. Enforced vide
* Now Official Gazette.
3. Clauses (b-1) and (b-2) inserted by Act V of 2011, s. 2.
306 REGISTRATION OF TOURIST TRADE ACT, 1978
(b-2) ‘camping site’ means a specified patch of land in a tourist area where
the tentage facilities on prescribed rentals are available or, the tourists
and visitors are allowed to pitch their own tents against charges
payable to the prescribed authority ;]
(c) ‘certificate of registration’ means a certificate issued under this
Act ;
(d) ‘dealer’ means a person carrying on in a tourist area the business
of selling any notified article, whether whole-sale or retail, and
includes his agent or employee transacting business on his
behalf  ;
1[(d-1) ‘Excursion agent’ means a person engaged in or engaging
himself in arranging excursions, tours or picnics for a tourist or
tourists ;
Explanation.––For purposes of this clause excursion agent shall
include a house-boat owner, whose house-boat is registered under this Act,
who may continue to engage himself as an excursion agent without a separate
registration as such ;
2[(d-2) ‘guide’ means a person who engages himself as a ski, mountain, rafting,
trekking or heritage guide, or functions as a paid guide for tourists ;]
Provided that no person shall be eligible to be registered as a guide
unless he possesses such qualifications as may be prescribed :
Provided further that notwithstanding any prescribed qualifications the
persons who were working as guides before the commencement of this Act
shall ipso facto be registered as such guides.]
(e) ‘hotel’ means any premises or part of premises including a house-boat,
restaurant, dhaba, 3[bar, guest house, tourist lodge, camp hotel or
a tent] where lodging with or without board or any kind of eatables
or beverages is provided for a monetary consideration ;
(f) ‘hotel-keeper’ means any person who owns or operates a hotel
as proprietor and includes a person managing or operating the
affairs of a hotel for and on behalf of the proprietor ;
1. Added by Act VI of 1982, s. 2.
2. Clause (d-2) substituted by Act V of 2011, s. 2.
3. Substituted for “bar or a tent” ibid.
REGISTRATION OF TOURIST TRADE ACT, 1978 307
(g) ‘malpractice’ includes dishonesty, cheating, touting, impersonation,
obstruction in allowing free choice for shopping or stay or travel
arrangements, charging a price higher than that displayed on the
label or remuneration  higher than that fixed under this Act, failure
to display price label on the article, failure to give cash memos
and wilful failure to execute an order within the stipulated time
or according to the terms agreed.
1[Explanation 1.—For purposes of this clause labelled price shall be
the reasonable sale price of the notified article as reflected in the stock book
of dealer/manufacturer maintained at their place of business which shall be
open for inspection by the prescribed authority or any other authority
empowered in this behalf :
Provided that in case of wholesalers dealing in notified articles, the
labelled price may be recorded on only one article of an identical set of
notified articles :
Provided further that the prescribed authority may not insist on the
requirement of the stock book where it is satisfied that the dealer/manufacturer
is a small dealer/manufacturer :
Provided also that where reasonability of the labelled price is in dispute
the opinion of the Director of Handicrafts, Jammu and Kashmir, shall be final.
Explanation 2.–The expression ‘touting’ means enticing, misguiding or
coercing for shopping, accommodation, transportation, sight-seeing, or
pestering for any particular premises, person, establishment, dealer or
manufacturer with consideration of personal benefit.]
(h) ‘mooring ghat’’ means embankment of a river or a lake specially
earmarked for purposes of mooring the boats ;
(i) ‘mooring site’ means a site where a set of boats may be allowed
to moor ;
(j) ‘notified article’ means any article notified by the [Government
in the Gazette for purposes of this Act ;
(k) ‘part’ means a part of this Act ;
(l) ‘prescribed’ means prescribed by rules made under this Act ;
1. Substituted by Act VI of 1982, s. 2.
308 REGISTRATION OF TOURIST TRADE ACT, 1978
1[(m) ‘prescribed authority’ means the Commissioner of  Tourism and
such other authority, as may be notified by the Government to
be the prescribed Authority, for any tourist area or for any
provisions of this Act ;
(n) ‘tourist area’ means any area notified by the Government in the
*[Government Gazette] to be a tourist area for purposes of this
Act ;
(o) ‘tourist’ means a person or group of persons 2[visiting the 3[Union
territory of Jammu and Kashmir] for pleasure, adventure, sports
or pilgrimage] from any part of India or outside India ;
4[(p) ‘travel agent’ means a person engaged in the business of making
travel, trekking, camping, tour operating or other arrangements for
tourists for a monetary consideration ;]
Explanation.––For purposes of clauses (g) and (p) the expression
‘travel arrangements’ includes––
(a) arrangement for transportation, sight-seeing ;
(b) arrangements for lodging with or without board ; and
(c) rendering other services such as assistance for game, sports or
receipt or despatch of personal belonging of a tourist ;
5[(q) “Government” means the Government of the Union territory of
Jammu and Kashmir.]
PART II
Registration of Dealers
3. Registration. ––(1) Every person intending to carry on business of
a dealer under this Act shall, before he commences such business, apply
for registration to the prescribed authority in the prescribed manner.
1. Clause (m) substituted by Act VI of 1982, s. 2.
* Now Official Gazette.
2. Substituted for “including pilgrims” by Act V of 2011, s. 2.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
4. Clause (p) substituted by Act VI of 1982, s. 2.
5. Clause (q) inserted by S.O. 1229(E) dated 31.03.2020.
REGISTRATION OF TOURIST TRADE ACT, 1978 309
(2) Notwithstanding anything contained in sub-section (1) any
person already carrying on business of selling any notified article in
a tourist area on the date such article is notified under clause (j) of
section 2 shall apply for registration under this Act within three months
from the aforesaid date :
1[Provided that where, before the commencement of the Jammu and
Kashmir Registration of tourist Trade (Amendment) Act, 1982, any person as
aforesaid could not apply registration within the time specified above, he shall
so apply for registration within six months after such commencement :
Provided further that where any person as aforesaid has applied for
registration within the period of three months from the date of issue of the
first notification under clause (j) of section 2 and certificate of registration
has been issued to him, such certificate of registration shall continue to be
valid notwithstanding the rescission of the said notification but subject to
other provisions of section 6 of this Act.]
(3) Every application made under sub-section (1) shall be disposed of
within a period of three months from the date of receipt of the application
failing which the application shall be deemed to have been accepted for
registration.
4. Certificate of registration.–– The prescribed authority shall, unless
registration is refused under section 5, direct that the name and the particulars
of the dealer be entered in the register maintained for purpose and shall issue
a certificate of registration to the dealer in the prescribed form within a period
of three months from the date of receipt of the application
5. Refusal to register. ––(1) The prescribed authority may refuse
registration of a dealer under this Act on any of the following grounds,
namely :––
(a) if he is convicted of any offence under 2[Chapters XIII and XVII
of the Indian Penal Code (45 of 1860)] or under any of the
provisions of this Act or of any offence punishable under any
law providing for the prevention of hoarding, smuggling or
profiteering or adulteration of food or drug or corruption and 3[six
months] have not elapsed since the termination of sentence
imposed upon him ;
1. Proviso inserted by Act VI of 1982, s. 3.
2. Substituted by S.O. 1229(E) dated 31.03.2020.
3. Substituted by Act VI of 1982, s. 4.
310 REGISTRATION OF TOURIST TRADE ACT, 1978
(b) if he has been declared an insolvent by a Court of competent
jurisdiction and has not been discharged ;
(c) if his name has been removed from the register under clause (b)
or clause (c) of section 6 and six months have not elapsed since
the date of removal.
(2) No application for registration shall be refused unless the person
applying or registration has been afforded a reasonable opportunity of being
heard.
6. Removal of the name from the register. ––(1) The prescribed
authority may, by an order in writing remove the name of a dealer from the
register and cancel his certificate of registration on any of the following
grounds, namely :––
(a) if he ceases to be a dealer ;
(b) if he is convicted of any offence under 1[Chapters XIII and XVII
of the Indian Penal Code (45 of 1860)] or under any of the
provisions of this Act or of any offence punishable under any
law providing for the prevention of hoarding, smuggling or
profiteering or adulteration of food or drugs or corruption ;
(c) if he is declared an insolvent by Court of competent jurisdiction
and has not been discharged ;
(d) if any complaint of malpractice is received and proved against
him ;
(e) if he is black-listed by the prescribed authority.
2[(2) Omitted.]
7. Black-listing of dealers. ––(1) The prescribed authority may, on
proof of complaint of malpractice or for any other offence committed under
this Act, for reasons to be recorded, black-list a dealer, after taking into
consideration the nature of malpractice or the gravity of offence 3[for such
period which may extend to 4[three years].
1. Substituted by S.O. 1229(E) dated 31.03.2020.
2. Omitted by Act VI of 1982, s. 4.
3. Substituted ibid.
4. Substituted for “six months” by Act V of 2011, s. 3.
REGISTRATION OF TOURIST TRADE ACT, 1978 311
(2) The particulars of a dealer black-listed shall be exhibited at
conspicuous places in all tourist areas and notified to all travel, trade and
other concerned organisations, foreign missions in India, Indian missions
abroad and other important concerned channels after the order black-listing
him has become final.
(3) The action taken under sub-section (1) shall not protect such dealer
from being prosecuted under the provision of this Act.
(4) If the prescribed authority is satisfied that there are sufficient
grounds for removal of a dealer from the black-list, he may, after recording
the reasons, order his removal from such list and issue a fresh certificate
of registration on payment of prescribed fee and notify the same for the
information of all concerned.
8. Notice of removal and black-listing of dealer.–– Before removing
the name of a dealer from the register under section 6 or black-listing him
under section 7, the prescribed authority shall give notice to the dealer of
the ground or grounds on which it is proposed to take action and hold an
inquiry in the presence of the dealer giving him a reasonable opportunity
of showing cause against it.
PART III
Registration of Hotels
9. Registration. ––(1) Every person intending to operate a hotel in a
tourist area shall before operating it apply for registration to the prescribed
authority in the prescribed manner.
(2) Notwithstanding anything contained in sub-section (1) any person
already operating a hotel in a tourist area on the date the notification under
1[clause (n)] of section 2 is issued, shall apply for registration within three
months from the aforesaid date :
2[Provided that where, before the commencement of the Jammu and
Kashmir Registration of Tourist Trade (Amendment) Act, 1982, any person
as aforesaid could not apply for registration within the time specified
above, he shall so apply for registration within six months after such
commencement.]
1. Substituted by Act XIII of 1979, s. 2.
2. Proviso inserted by Act VI of 1982, s. 7.
312 REGISTRATION OF TOURIST TRADE ACT, 1978
(3) Every application made under sub-section (1) shall be disposed of
within a period of three months from the date of receipt of the application
failing which the application shall be deemed to have been accepted for
registration.
10. Certificate of registration.–– The prescribed authority shall, unless
registration is refused under section 11 direct that the name and the
particulars of the hotel and the hotel-keeper be entered in the register
maintained for the purpose and shall issue a certificate of registration to the
hotel-keeper in the prescribed form.
11. Refusal to register a hotel. ––(1) The prescribed authority may
refuse registration of a hotel under this Act on any of the followings grounds,
namely :—
(a) if the hotel-keeper is convicted of any offence under 1[Chapters
XIII and XVII of the Indian Penal Code (45 of 1860)] or under
any of the provisions of this Act or of any offence punishable
under any law providing for the prevention of hoarding, smuggling
or profiteering or adulteration of food or drugs or corruption and
2[six months] have not elapsed since the termination of the
sentence imposed upon him ;
(b) if the hotel-keeper has been declared an insolvent  by a Court
of competent jurisdiction and has not been discharged ;
(c) if the name of the hotel-keeper has been removed from the register
under clause (b) or clause (c) of  section  12 and six months have
 not elapsed since the date of removal ;
(d) if the hotel-keeper does not hold a licence or certificate required
to be held by him under any law for the time being in force ;
(e) if in the opinion of the prescribed authority there is any sufficient
ground, to be recorded in writing, for refusing registration.
(2) No application for registration shall be refused unless the person
applying for registration has been afforded a reasonable opportunity of being
heard.
1. Substituted by S.O. 1229(E) dated 31.03.2020.
2. Substituted by Act VI of 1982, s. 7.
REGISTRATION OF TOURIST TRADE ACT, 1978 313
12. Removal of the name from the register. ––(1) The prescribed
authority may by an order in writing, remove the name of a hotel from the
register and cancel its certificate of registration on any of the following
grounds namely :––
(a) if the hotel-keeper ceases to operate the hotel in  the  tourist
area for which it is registered ;
(b) if the hotel-keeper is convicted of any offence under 1[Chapters
XIII and XVII of the Indian Penal Code (45 of 1860)] or under
any of the provisions of this Act or of any offence punishable
under any law providing for the  prevention of hoarding, smuggling
or profiteering or adulteration of food or drugs or corruption ;
(c) if the hotel-keeper is declared an insolvent by a Court of
competent jurisdiction and has not been discharged ;
(d) if any complaint of malpractice is received and  proved  against
a hotel-keeper ;
(e) if the hotel is black-listed under section 13 ;
2[(2) Omitted.]
13. Black-listing of hotels. ––(1) The prescribed authority may, on proof
of complaint of malpractice or for any other offence committed under this
Act, for reasons to be recorded, black-list a hotel, after taking into consideration
the nature of malpractice or the gravity of offence 3[for such period which
may extend to 4[three years].]
(2) The particulars of a black-listed hotel shall be exhibited at
conspicuous places in all tourist areas and notified to all travel, trade and
other concerned organisations, foreign missions in India, Indian missions
abroad.
(3) The action taken under sub-section (1) shall not protect such hotel
keeper from being prosecuted under the provisions of this Act.
1. Substituted by S.O. 1229(E) dated 31.03.2020.
2. Omitted by Act VI of 1982, s. 9.
3. Substituted by Act VI of 1982, s. 10.
4. Substituted for “six months” by Act V of 2011, s. 4.
314 REGISTRATION OF TOURIST TRADE ACT, 1978
(4) If the prescribed authority is satisfied that there are sufficient
grounds for removal of a hotel from the black-list he may, after recording
the reasons, order its removal from such list and issue a fresh certificate of
registration on payment of prescribed fee and notify the same for the
information of all concerned.
14. Notice of removal and back-listing of hotel.–– Before removing the
name of a hotel from the register under section 12 or back-listing it under
section 13 the prescribed authority shall give a notice to the hotel-keeper
of the ground or grounds on which it is proposed to take action  and hold
an inquiry in the presence of the hotel-keeper giving him a reasonable
opportunity of showing cause against it.
1[15. Fixation of rates.–– The Government shall, by notification in the
2[Official Gazette], fix the rates and service charges in respect of hotels which
may be charged by the hotel-keeper for boarding or lodging or both from
persons staying therein or from other customers :
Provided that such rate and service charges shall be fixed on the
recommendations of a committee, the composition whereof shall be such, as may
be prescribed :
Provided further that while recommending the rate and service charges,
such committee shall take into account the standard of the hotel, the accommodation
and services provided by and the quality of food served by it to the customers.]
16. Hotel-keeper to display information.–– Every hotel-keeper shall
cause to be displayed at some conspicuous place of the hotel, such
information as may be prescribed.
17. Hotel-keeper to present detailed bill.–– Every hotel-keeper shall
render detailed bills to the person residing in the hotel and other customers
and shall give receipts in acknowledgment of all payments.
PART IV
Travel Agent
3[18. Registration. ––(1) No person shall carry on the business of travel
agent, excursion agent or guide in a tourist area unless he is registered in
accordance with the provisions of this Act.
1. Substituted by Act V of 2011, s. 5. (For earlier amendment see Act VI of 1982).
2. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
2. Section 18 substituted by Act VI of 1982, s. 12.
REGISTRATION OF TOURIST TRADE ACT, 1978 315
(2) Subject to the provisions of clause (d-1) of section 2, every person
intending to act as a travel agent, excursion agent or guide in a tourist area
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
acting as a travel agent, excursion agent or guide in a tourist area on the
date a notification under clause (n) of section 2 is issued, shall apply for
registration within three months from the aforesaid date :
Provided that where, before the commencement of the Jammu and
Kashmir  Registration of Tourist Trade (Amendment) Act, 1982 any person
as aforesaid could not apply for registration within the time specified above
he shall so apply for registration within six months after such commencement.
(4) Every application made under this section shall be disposed of
within a period of three months from the date of receipt of the application
failing which the application shall be deemed to have been accepted for
registration.]
1[19. Certificate of registration.–– The prescribed authority shall,
unless registration is refused under section 20, direct that the name and
particulars of the travel agent, excursion agent or guide, as the case may
be, be entered in the register maintained for the purpose and issue a certificate
of registration to the travel agent, excursion agent or guide in the prescribed
form :
Provided that no such certificate may be required in the case of house-
boat owner functioning as excursion agent in terms of explanation to clause
(d-1) of section 2 of this Act.]
20. Refusal to register. ––(1) The prescribed authority may refuse the
registration of a 2[travel agent, excursion agent or guide] under this Act or
any of the following grounds, namely :—
(a) if he does not possess any of the prescribed qualifications ;
(b) if  he  has been convicted of any offence under 3[Chapters XIII
and XVII of the Indian Penal Code (45 of 1860)] or under any
1. Section 19 substituted by Act VI of 1982, s. 13.
2. Substituted ibid, s. 14.
3. Substituted by S.O. 1229(E) dated 31.03.2020.
316 REGISTRATION OF TOURIST TRADE ACT, 1978
of the provisions of this Act or of any offence 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 he has been declared an insolvent by a Court of competent
jurisdiction and has not been discharged ;
(d) if his name has been removed from the register under this Act
and one year has not elapsed since the date of removal.
(2) No application for registration shall be refused unless the person
applying for registration has been allowed an opportunity of being heard.
21. Removal of the name from the register. ––(1) The prescribed
authority may, by an order in writing, remove the name of a 1[travel agent,
excursion agent or guide] from the register and cancel his certificate of
registration on any of the following grounds, namely :—
(a) if he ceased to act as a 1[travel agent, excursion agent or guide]
in a tourist area ;
(b) if he is convicted of any offence under 2[Chapters XIII and XVII
of the Indian Penal Code (45 of 1860)] or under any of the
provisions of this Act or of any offence punishable under any
law providing for the prevention of hoarding, smuggling or
profiteering or adulteration of food or drugs or corruption ;
(c) if he is declared an insolvent by a Court of competent jurisdiction
and has not been discharged ;
(d) if any complaint of malpractice is received and proved against
him ;
(e) if he is black-listed by the prescribed authority.
(2) Any 1[travel agent, excursion agent or guide] whose name is
removed from the register under sub-section (1) shall forthwith cease to be
a travel agent.
1. Substituted by Act VI of 1982, s. 14.
2. Substituted by S.O. 1229(E) dated 31.03.2020.
REGISTRATION OF TOURIST TRADE ACT, 1978 317
22. Black-listing of 1[travel agents, excursion agent, or guide]. ––(1) The
prescribed authority may, on proof of any complaint of malpractice or for
any other offence committed under this Act, for reasons to be recorded, black-
list a 1[travel agent, or guide] after taking into consideration the nature of
malpractice or the gravity of offence, 2[for a period which may extend to three
months].
(2) The particulars of a 1[travel agent, excursion agent or guide] black-
listed shall be exhibited at conspicuous place and notified to all travel, trade
and other concerned organisations, foreign missions in India and Indian
missions abroad etc.
(3) The action taken under sub-section (1) shall not protect such travel
agent, 1[excursion agent or guide] from being prosecuted under the provisions
of this Act.
(4) If the prescribed authority is satisfied that there are sufficient
grounds for removal of a 1[travel agent, excursion agent or guide] from the
black-list he may, after recording the reasons order his removal from such
list and issue a fresh certificate of registration on payment of prescribed fee
and notify the same for information of concerned.
23. Notice of removal and black-listing of 1[travel agent, excursion agent
or guide].–– Before removing the name of a 1[travel agent, excursion agent
or guide] from the register under section 21 or black-listing him under section
22 the prescribed authority shall give notice to the 1[travel agent, excursion
agent or guide] of the ground or grounds on which it is proposed to take
action and hold an inquiry in the presence of that person, giving him a
reasonable opportunity of showing cause against it.
3[24. Fixation of rates.–– The Government shall, by notification in the
4[Official Gazette], fix the rates which may be charged by a travel agent or
guide for the services rendered by him to person engaging him as such except
in case of a travel agent whose rates have been approved by a competent
authority of the Central Government :
Provided that such rates shall be fixed on the recommendations of a
committee, the composition whereof shall be such, as may be prescribed :
1. Substituted by Act VI of 1982, s. 14.
2. Substituted for certain words by Act V of 2011, s. 6.
3. Section 24 substituted ibid, s. 7.
4. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
318 REGISTRATION OF TOURIST TRADE ACT, 1978
Provided further that while recommending the rate such committee shall
take into account the quality of the services provided by the travel agent
or the guide.]
1[25. Omitted].
PART V
Appeal and Revision
26. Appeals. ––(1) Subject to the provisions of sub-section (2) an appeal
shall lie from every order of the prescribed authority under this Act to the
appellate authority to be appointed by the Government.
(2) Every such appeal shall be preferred within ninety days from the
date of communication of the order :
Provided that the appellate authority may entertain an appeal after the
expiry of the said period of ninety days if it is satisfied that the appellant
was prevented by sufficient cause from filing it in time.
(3) The appellant shall have a right to appear by a counsel and the
prescribed authority may be represented by such officer or person as the
Government may appoint.
(4) On receipt of any such appeal, the appellate authority shall, after
giving the appellant a reasonable opportunity of being heard and after making
such enquiry as it deems proper, dispose of the appeal for reasons to be
recorded.
(5) The proceedings before the appellate authority shall be completed
within four months of its institution.
27. Revision.–– The Minister-in-Charge, Tourism Department may at any
time call for the record of any case pending before or disposed of by any
authority under this Act and if in any such case it shall appear to the Minister-
in-Charge that any order passed or proceeding taken should be modified,
annulled or reversed, he may pass such order as he may deem fit  for reasons
to be recorded and such order shall be final :
1. Section 25 omitted by Act VI of 1982, s. 16.
REGISTRATION OF TOURIST TRADE ACT, 1978 319
Provided that no order under this section shall be made to the prejudice
of the person unless he has had a reasonable opportunity of being heard
either personally or through counsel or by a duly authorised agent.
PART VI
Offences and Penalties
28. Penalty for default in registration.–– Any person carrying on the
business of a dealer, hotel-keeper or travel agent without a proper registration
under  this Act or in violation of any of the provisions of this Act shall
be punishable by the prescribed authority with a fine which may extend to
1[Rs. 5,000] and if the breach is continuing one with a fine of 2[Rs. 500] for
each day.
(2) The fine imposed under sub-section (1) shall be recovered as if it
is  a fine recoverable under the provisions of the *[Code of Criminal
Procedure, Samvat 1989].
Explanation.––A person who has made an application within the
prescribed period and is pending disposal shall not be a defaulter for the
purposes of this section.
29. Penalty for false statement.–– If any person required to make a
statement under this Act wilfully makes a false statement or suppresses a
material fact with an intention to mislead the prescribed authority, he shall
be liable to punishment with imprisonment for a term which may extend to
three months or with fine not exceeding 3[Rs. 5,000] or with both.
30. Certificate not to be assigned.–– Any person who lends, transfers
or assigns the certificate of registration issued under this Act, shall be liable
to punishment with imprisonment which may extend to six months or with
fine not exceeding 4[Rs. 10,000] or with both.
31. Certificate and documents to be shown to person on demand.—
(1) Any person registered under this Act, shall at all times on demand,
produce and show his certificate or any other document required under this
Act to––
1. Substituted for “Rs. 2,000” by Act V of 2011, s. 8.
2. Substituted for “Rs. 100” ibid.
3. Substituted for “Rs. 500” ibid, s. 9.
4. Substituted for “Rs. 2,000” ibid, s. 10.
* Now Code of Criminal Procedure, 1973 (2 of 1974)].
320 REGISTRATION OF TOURIST TRADE ACT, 1978
(a) the prescribed authority or any officer duly authorised by him in
this behalf ; and
1[(b) any bona fide customer, who demands for the certificate of
registration issued under this Act.]
(2) Any person who refuses on demand to show his certificate or
document, or allow it to be read by any of the persons authorised to demand
it, shall be liable to punishment with fine not exceeding 2[Rs. 5,000 for every
default].
32. Penalty for malpractice.–– Any dealer, hotel-keeper, travel agent
or any other person to whom this Act may be made applicable who commits
a malpractice or contravenes any other provision of this Act in the tourist
area for which no specific penalty has been provided shall be liable to
punishment with imprisonment for a term which may extend to 3[one year]
or with fine not exceeding 4[Rs. 10,000] or with both.
33. Obstructing lawful authorities.—If any person wilfully obstructs
or offers any resistance to, or otherwise interferes in the discharge of the
functions of the prescribed authority or any officer authorised by him
exercising any power, or performing any duties conferred or imposed upon
it or him by or in pursuance of this Act or the rules made thereunder, he
shall be liable to punishment with imprisonment which may extend to 5[one
year] or with fine not exceeding 6[Rs. 10,000] or with both.
34. Offences to be tried summarily.—Notwithstanding anything contained
in this Act or in the 7[Code of Criminal Procedure, 1973 (2 of 1974)] all offences
under this Act shall be triable summarily.
35. Special rule of evidence.—Notwithstanding anything contained in
the *[Evidence Act, Svt. 1977], when any complaint under this Act is made
in writing by any person to the prescribed authority it may be admitted in
evidence. The examination of the complainant shall not be obligatory in any
1. Substituted by Act VI of 1982, s. 17.
2. Substituted for “Rs. 500” by Act V of 2011, s. 11.
3. Substituted for “three months” ibid, s. 12.
4. Substituted ibid for “Rs. 1,000”.
5. Substituted for “three months” ibid, s. 13.
6. Substituted ibid for “Rs. 100”.
7. Substituted by S.O. 1229(E) dated 31.03.2020 for “Code of Criminal Procedure,
Svt. 1989”.
* Now Indian Evidence Act, 1872.
REGISTRATION OF TOURIST TRADE ACT, 1978 321
trial by a Judicial Magistrate if such person is dead or cannot be found or
is incapable of giving evidence.
1[36. Institution of proceedings.—(1) Save as otherwise provided in
sub-section (2) no prosecution shall be instituted against any person for
any offence under this Act, except on a complaint made by the prescribed
authority or a Police Officer, not below the rank of Sub-Inspector.
(2) Any offence relating to touting committed under this Act shall
be cognizable and non-bailable.]
37. Powers of the prescribed authority to summon and enforce
attendance of witnesses and other persons.—The prescribed authority
shall have the powers of a Civil Court under the 2[Code of Civil Procedure,
1908 (5 of 1908)] while trying a suit, in respect of the following matters,
namely :––
(1) summoning and enforcing attendance of the complainant or the
person against whom complaint is made under this Act and
witnesses required in connection therewith,
(2) compelling the production of any document, and
(3) examining witnesses on oath,
and may summon and examine suo moto any person whose evidence
appears to be material.
Explanation.—For purposes of enforcing the attendance of witnesses
and other persons mentioned above, the local limits of the jurisdiction of
the prescribed authority extends to the whole of the *State.
38. Composition of offences.—The prescribed authority may accept
from any person accused of an offence under this Act, a sum of money
by way of composition for such offence and may out of money so received
compensate the person against whom the offence has been committed to
the extent the prescribed authority deems reasonable.
1. Section 36 substituted by Act VI of 1982, s. 18.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “Code of Civil Procedure, Samvat
1977”.
* Now Union territory of Jammu and Kashmir.
322 REGISTRATION OF TOURIST TRADE ACT, 1978
(2) On the composition of offence, no further proceeding in respect
thereof shall be taken against the accused and if any proceeding has already
been instituted against him in any court, the composition shall have the
effect of acquittal.
PART VII
Miscellaneous
39. Notification of changes.—(1) Whenever a business for which
certificate of registration is held by a person devolves by inheritance or
otherwise upon any other person or undergoes a change in respect of any
particular entered in the register under this Act, such person shall, within
sixty days of the date of such devolution or change, notify in writing the
fact to the prescribed authority.
(2) The prescribed authority shall make necessary changes in the
register maintained for the purpose and in the certificate of registration.
(3) Notwithstanding anything contained in sub-section (2) the
prescribed authority may remove from the register the name of the person
in whose favour the certificate was issued and cancel the certificate of
registration if the successor is not qualified to be registered under this Act.
40. Return of the certificate of registration.–– When a certificate of
registration is cancelled under this Act, the person holding such certificate
shall within seven days from the date of publication of the order of
cancellation in the *[Government Gazette], return it to the prescribed
authority.
41. Duplicate certificate.–– If a certificate of registration issued under
this Act is lost, damaged or destroyed the prescribed authority shall on
an application made in that behalf by the person holding such certificate
and on payment of the prescribed fee, issue a duplicate certificate.
42. Certificate of registration to be kept exhibited.–– The certificate
of registration shall be exhibited by the person holding it in a conspicuous
place at the principal place of his business and if he has no place of
business, he shall keep it on his person.
* Now Official Gazette.
REGISTRATION OF TOURIST TRADE ACT, 1978 323
43. Publication of list of persons removed from the register.–– The
prescribed authority shall from time to time publish in the *[Government
Gazette] and in such other manner as it deem fit, the names and
addresses of the persons and of the hotels whose names have been
removed from the register and who have been refused registration under
this Act.
44. Power to inspect.–– The prescribed authority or any person
authorised by him in this behalf may within the tourist area, inspect at all
reasonable times, the premises in which a dealer or a travel agent carries
on his business or any premises where a hotel is operated and require such
dealer, travel agent or a hotel-keeper to produce any document, kept in
pursuance of this Act or the rules made thereunder for inspection.
1[45. Fixation of rates, commission and other services.–– The
Government shall, by notification in the 2[Official Gazette], fix the rates
which may be charged for hiring of boats, ponies, river rafts, adventure
sports equipment, guides, ski patrols, high altitude porters and trekking
porters :
Provided that such rates shall be fixed on the recommendation of a
committee, the composition whereof shall be such, as may be prescribed :
Provided further that while recommending the rates, such committee shall
take into account the standard of the equipment and quality of the service provided
by the service provider.]
46. Powers of the Government to apply the Act to other persons.—
The Government may by notification in the 2[Official Gazette] direct that
all or any of the provisions of this Act or the rules made thereunder shall
with such exception, adaptations or modification as may be considered
necessary apply to persons doing the business in a tourist area or letting
or playing for hire boats, automobile vehicles, tongas, dandies, ponies or
to such other persons as may specified in the notification.
3[47.  Powers and duties of the District Magistrate and Police in
respect of offences under this Act.—(1) Every Police Officer shall give
immediate information to the Deputy Superintendent of Police of the area
and to the prescribed authority of an offence coming to his knowledge
1. Section 45 substituted by Act V of 2011, s. 14.
2. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
3. Section 47 substituted by Act VI of 1982, s. 19.
324 REGISTRATION OF TOURIST TRADE ACT, 1978
which has been committed against this Act or against any  rule made
thereunder.
(2) 1[District Magistrate of the area or an officer of the Tourism
Department not below the rank of Deputy Director, Tourism] shall have
power to declare any person indulging in touting, out of bounds from places
like airport, Railway Station, Bus Stand, Tourist Reception Centre and Picnic
Area for such period which shall not be less than three months but may
extend to six months.]
48. Indemnity.–– No suit, prosecution or other legal proceedings
whatsoever shall lie against the Government or any person in respect of
anything which is in good faith done or intended to be done under this
Act.
49. Reservation of powers of local authority.–– Nothing in this Act
shall take away or diminish any of the powers vested in any local authority
by or under any law for the time being in force.
50. Power to make rules. ––(1) The Government may by notification
in the 2[Official Gazette] make rules for carrying out the purposes of this
Act.
(2) In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for—
(a) the maintenance of registers, books and forms by a hotel-keeper,
dealer or travel agent for conduct of business ;
(b) the form of application for registration and for certificate of
registration ;
(c) the fee for registration ;
(d) the manner of giving notices under this Act ;
(e) classification of hotels and travel agents ;
(f) qualifications for registration as travel agents ;
1. Substituted for “District Magistrate of the area” by Act V of 2011, s. 15.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.
REGISTRATION OF TOURIST TRADE ACT, 1978 325
(g) manner of publication of the names and addresses of the persons
and of the hotels removed from the register or to whom
registration has been refused ;
(h) manner in which a dealer, a hotel and a travel agent shall be
black-listed and the publication of names and addresses of such
dealer, hotel and travel agent ;
(i) the place where the prescribed authority shall held enquiry under
this Act ; and
(j) all matters expressly required to be prescribed under this Act.
(3) The rules made under this Act shall be subject to the condition
of previous publication.
51.Repeal and saving.–– The Jammu and Kashmir Registration of
Tourist Trade Act, 1962 is hereby repealed :
Provided that the repeal shall not affect—
(a) the previous operation of the Act so repealed or anything  duly
done or suffered thereunder ;
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under the Act so repealed ;
(c) any penalty, forfeiture or punishment incurred in respect             of
any offence committed against any provision of the Act so
repealed ; or
(d) any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid ;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced and any such penalty, forfeiture or punishment may
be imposed as if this Act has not been passed :
Provided further that subject to the preceding proviso, anything  done
or any action taken (including any appointment or delegation made,
326 REGISTRATION OF TOURIST TRADE ACT, 1978
notification, instruction or direction issued, forms prescribed, certificate
obtained, permit or licence granted or registration effected under the law
so repealed shall be deemed to have been done or taken under the
corresponding provisions of this Act and shall continue to be in force
accordingly unless and until superseded by anything done or any action
taken under this Act.
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