LexThe RAJASTHAN TOURISM TRADE (FACILITATION AND REGULATION) ACT, 2010.
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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, April 29, 2010
No. F. 2 (14) Vidhi/2/2010. -In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Governor is pleased to
authorize the publication the Rajasthan Gaz ette of the following
translation in the English language of the Rajasthan Paryatan
Vyavasay (Sukarkaran Aur Viniyaman, Adhiniyam, 2010) (2010
ka Adhiniyam Sankhyank 9) :-
(Authorised English Translation)
THE RAJASTHAN TOURISM TRADE
(FACILITATION AND REGULATION) ACT, 2010
(Act No. 9 of 2010)
[Received the assent of the Governor
on the 28th day of April, 2010]
An
Act
to provide for acceleration of growth of tourism trade and industry
in the State and to provide for, at various tourist destinations,
facilities to the tourists visiting the State and to provide for certain
measures to make their travel hassle free as also to regulate
conduct of persons confronting them or dealing with them and for
boosting tourism traffic at heritage sites and also to provide fo r
matters connected therewith and incidental thereto.
Whereas, with a view to accelerate tourism potential of the
State, it is expedient to declare specifically tourism sector and trade
therein as an industry and trade therein as an industry and to make
better provisions for upkeep of places, locations frequented by
tourists by making it a statutory duty of the local authorities and
making compliance thereof mandatory as also to ensure removal of
hindrances coming in the way of tourists and further to mak e their
visit comfortable, easy and self -assuring, certain measures in the
shape of establishment of Tourist Assistance Force to deal with
persons like touts (which in common parlance are known as
'lapkas'), beggars,
hawkers, taxi -car drivers, (which incl udes auto rickshaws and
rickshaws) or any other elements who unduly harass or annoy the
tourists so as to solicit and obtain undue pecuniary gain;
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Whereas, it is further expedient to provide for setting out
standards of services being provided by service providers and
provide for recognition of service providers who are found to be of
requisite standard and to provide for adherence by them to the
stipulated norms and standards of the trade as also to provide for
their obligation thereunder and also to provide for consequences of
non-adherence thereof;
Whereas, it is further also expedient to provide for
facilitation of growth of tourism trade and industry by offering
avenues for investment by public -private partnership and to
provide for collection of stat istical data from service providers for
the purpose of monitoring, future planning and growth of tourism
trade and industry.
Be it enacted by the Rajasthan State Legislature in the Sixty -
first Year of the Republic of India, as follows:-
CHAPTER - I
Preliminary
1. Short title, extent and commencement. - (1) This Act
may be called the Rajasthan Tourism Trade (Facilitation and
Regulation) Act, 2010.
(2) It shall extend to whole of the State except sections 13,
14 and 20 which shall extend only to such pla ces and areas whi ch
are tourist areas or tourist destinations or heritage sites.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless there is anyt hing
repugnant in the subject or context, -
(a) "appellate authority" means an appellate authority
appointed under sub- section (2) of section 5 and notified
as such in the Official Gazette;
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(b) "certificate of recognition and registration" means a
certificate issued under sub-section (4) of section 4;
(c) "Commissioner" means the Commissioner, Department
of Tourism , Government of Rajasthan and includes the
Director, whenever an officer is posted on the aforesaid
post with such designation;
(d) "Guide" means a person who is authorized under a
license issued under section 8 to conduct tourists around
tourist spots, monuments etc.;
(e) "hawking articles for sale" means carrying and selling
articles as a hawker in the tourist area for sale to the
tourists and offering articles to the tourists even when not
solicited and such offer is specifically spurned down and
still the hawker persisting in selling the articles even by
following a tourist in an undesirable manner and
pestering a tourist to purchase the articles offered;
(f) "heritage" includes anything inherited from ancestors
whether as gifts of nature to mankind such as air, water,
land (including flora and fauna, groves, mountains, hills,
hillocks, rocks, caves, points, walk ways, rides, water
falls, lakes, rivers, gorges et c.) or as man made things
such as forts, palaces, other buildings and structures,
artifacts including areas and precincts of historical,
architectural, aesthetical and cultural significance
covering manner of town and country planning as also
way of life, generally encompassing faith, belief, ethos,
art, literature, scriptures, customs, traditions, fairs,
festivals, food habits and clothings and general trait of
behaviour passed down from previous generations;
(g) "heritage hotel" means a hotel run in a fort, a fortress, a
palace, a haveli, a castle, hunting lodge or residences
with heritage features built prior to a date specified by
the State Government;
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(h) "hotel" means any premises or part of premises where
lodging with or without board or other services are by
way of business or trade is provided for a monetary
consideration;
(i) "hotelier" means any person who operates a hotel as
proprietor and includes a person managing the affairs of
a hotel on behalf of proprietor;
(j) "local authority" means a Municipal Corpora tion,
Municipal Council, Municipal Board, Panchayati Raj
Institution, Jaipur Development Authority, Jodhpur
Development Authority or any similar Authority
established by law and Urban Improvement Trusts in
their respective area of jurisdiction and shall in clude any
other authority declared as such by the State
Government;
(k) "malpractices", includes,-
(i) touting; (which shall include pestering any
tourist or group of tourists for availing facilities
of shopping, accommodation, transportat ion,
sightseeing or even goading to the extent of
harassing tourist to visit any particular premises
or establishment, dealer or any other service
providers connected with tourism trade or any
other establishment where tourist would like to
stay or purchase something);
Explanation.- Any recognized, registered
or bonafide service provider already engaged by
any tourist or whose services were hired or
resorted by the tourist voluntarily, when receives
or contacts any tourist at any place where tourist
visits, such person while so receiving or
contacting shall not be treated as a tout within
the meaning of this clause.
(ii) charging a price higher than that displayed
and/or declared;
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(iii) charging remuneration higher than that fixed;
(iv) failure to display prices;
(v) failure to display tariff;
(vi) failure to give cash memo/credit memo;
(vii) failure to execute an order according to terms
agreed within reasonable time after the expiry of
the period for performance of the obligation;
(viii) charging tariff higher than fixed and displayed;
(ix) the receiving and paying of any monetary
gratification or commission for touting,
coercing or forcing the tourist;
(x) use of misleading names and logos such as
palace, fort, haveli even when requisite
characteristics of such places are missing; or
showing of incorrect star rating of a hotel or
showing names or abbreviations and logos
similar to those which are in existence since long
and reputed as such; with the intention to attract
the tourists or people at large by colourable
imitation of establish ed and reputed name of
bonafide service providers or public bodies; and
(xi) any uncalled for person waiting outside any
tourist place and hotel with intent to follow any
tourist without his/her wishes;
Explanation.- For the purposes of this clause,-
(I) delay or fault in service owing to
mechanical or natural failure of any
system or apparatus despite due care and
caution wou ld not amount to be
malpractice;
(II) inability of any service provider to
perform its commitments owing to vis
majeure or State action, will not be treated
as a malpractice;
(l) "motel" means a wayside place which provides basic
amenities for tourists travelling by road including regular
meals, fast food, over night accommodation, parking
place etc.;
(m) "paying guest" means a tourist who stays in a paying
guest accommodation approved by the Department of
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Tourism, Government of Rajasthan or the Central
Government;
(n) "paying guest accommodation" means a place of
residence where a tourist stays on payment for boarding
and lodging and such accommodation is recognized as
such by the Department of Tourism, Government of
Rajasthan or the Central Government;
(o) "prescribed authority" means the prescribed authority
appointed by the State Government for the purpose of
this Act and notified as such in the Official Gazette;
(p) "Schedule" means Schedule appended to this Act;
(q) "service provider" shall include hotels, heritage hotels,
motels, restaurants , dhabhas, Paying Guest Houses,
handicraft shops or emporias, travel agents, tour
operators, excursion agents, t ravel transport agencies,
taxi-cabs, Guides and similar service providers who are
providing services to the tourists whether they are
recognized and registered as such or not by the
prescribed authority;
(r) "tourism unit" means such of the service provide rs as
have been recognized as such or may be declared as
tourism unit by the State Government from time to
time;
(s) "tourist" means a person who travels for pleasure and
which,-
(i) in relation to a foreigner shall mean a person visiting
the State on a foreign passport, staying at least twenty
four hours in the State, the purpose of whose journey
is leisure (recreation, holiday, health, study, religion
and sport), business, family, mission or meeting; and
(ii) in relation to domestic traveller shall mean a person
who travels to the State from outside the State or
within the State to a place other than his usual place
of residence and stays at the hotels or other
accommodation establishments (such as tourist
bungalows, travellers, lodges, youth hostels etc.) or in
Dharam Shalas, Sarais, Musafirkhanas or such other
places for a duration of not less than twenty four
hours or one night for the purposes for pleasure
(holidays, leisure, sports etc.), pilgrimages, religious
and social functions/gatherings, business
conferences/meetings, study and health.
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Explanation.- For the purposes of this clause,-
(a) persons coming to take up occupation or
activities which are remunerated within the
State;
(b) person coming to establish residence in the State;
(c) same day visitors i.e. t emporary visitors such as
travellers on cruises who stay for less than
twenty four hours in the State;
(d) persons visiting their home town or native place
on leave or short visit for meeting relatives and
friends, attending official work, social and
religious functions etc. and stay in their own
homes or with the relatives and friends and not
using any sight seeing facilities;
(e) foreigners resident in the State having taken up
job or occupation in State;
are not to be regarded as tourists;
(t)"tourist area" means an area frequently visited by tourists;
(u)"Tourist Assistance Force" means the Tourist Assistance
Force specified
under section 17;
(v)"Tourist Assistance Force Personnel" means members of
all ranks of the
Tourist Assistance Force as specified under section 17;
(w)"tourist destination" means such place, locality or
township or large
geographical area containing several tourist areas to
which tourists
usually visit; and
(X)"travel agent ", "excursion agent " or "tour operato r"
means and includes a person or agency engaged in the
business of making travel arrangements for tourists for a
monetary consideration.
CHAPTER - II
Recognition and registration of service providers and regulation of
certain tourism trade related activities
3. Expert Committee for setting out norms, standard and
general principles for recognition and registration of service
providers.- (1) For the purpose of ensuring that services provided
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by service providers to the tourists are of acceptable standar d, the
State Government shall appoint a Committee to set out standards
for service providers of various categories.
(2) After considering the recommendation of the Committee
referred to in sub -section (1), the State Government shall declare
standard and n orms for recognition and registration of service
providers and general principles governing such recognition and
registration by framing and publishing a scheme of recognition and
registration for general information. The scheme shall also classify
the nor ms and standard , contravention of which shall be deemed
minimal, graver or gravest for the purposes of section 4.
4. Recognition and registration of service providers, their
obligations and consequences of non -adherence to norms and
conditions of recognit ion.-(1) Any service provider operating or
intending to operate as a service provider in the State, if and when
desire to have itself / himself recognized by the Department of
Tourism of the State, may apply to the prescribed authority in such
manner and in such form as may be provided in the scheme framed
under section 3.
(2) Every application presented under sub -section (1) shall
be disposed of by the prescribed authority within ninety days
from the date of receipt thereof.
(3) The prescribed authority shall, unless the application is
rejected and recognition and registration is disallowed or refused,
record particulars of the concerned service provider in the
prescribed register of service providers which are recognized and
registered as such. The register shall contain such particulars an d
shall be maintained in such form as may be prescribed.
(4) Whenever the application of a service provider is allowed
and registered under sub -section (3), the prescribed authority shall
issue a certificate of recognit ion and registration, in such form and
on payment of such fee as may be prescribed.
(5) Where any application is rejected under sub -section (3),
the prescribed authority shall record reasons thereof and
communicate the same, in writing, to the applicant:
Provided that no application for recognition and registration
shall be rejected or refused unless the applicant is heard and
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reasonable opportunity of being heard is afforded to him in the
matter.
(6) Every service provider who is recognized and registered
under this section shall be under an obligation to maintain the
requisite standard and follow the norms of trade specified under the
scheme framed and published under section 3.
(7) When any service provider fails to maintain the requisite
standard of services provided by him or to comply with the norms
of the trade or services offered and make default in discharging
responsibility as recognized service provider as set out for him in
the scheme made and published under section 3, then such serv ice
provider shall, besides being liable for imposition of penalty not
exceeding the amount specified for each category of service
providers in the Schedule, be derecognised and his name shall be
struck of from the register and his certificate of recognit ion and
registration shall be cancelled:
Provided that before imposing penalty and/or derecognising,
cancelling registration of any service provider after striking of his
name from the register, the prescribed authority shall serve a notice
upon him calling him to show cause as to why the purported action
should not be taken against him and afford him a reasonable
opportunity of being heard in the matter.
(8) Where the non -adherence to norms and standards is
found to be minimal, the prescribed authority may, instead of
proceeding against the service provider under sub -section (7),
censure the service provider and ask him to be careful in feature
and where the breach of norms is graver, the prescribed authority,
instead of proceeding under sub -section (7), impose upon the
defaulting service provider a penalty, not exceeding the amount
specified in the Schedule appended to this Act:
Provided that action under sub -section (7), may be taken
only in such of the cases of default where violations of norms and
standard are gravest and where situation does not improve even
after censuring and/or penalizing the service provider.
(9) The register containing names and particulars of service
providers shall constantly be maintained, updated and shall be
available on the website of the Department of Tourism of the State
Government for information of tourists and people in general and
may also be published in Newspapers, other periodicals as also
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through other modes, at such intervals, as the Commissioner of the
Department of Tourism may consider appropriate.
5. Appeal.- (1) An appeal against the order made under sub -
section (7) or (8) of section 4 by the prescribed authority shall lie
to the appellate authority.
(2) The appellate authority shall be appointed by the Sta te
Government and notified as such in the Official Gazette.
6. Exit from recognition and registration. - Any service
provider recognised and registered under section 4 shall have
liberty to seek exit out of recognition and registered entities by
making such an intention made known in writing to the prescribed
authority, at least three months prior to the date from which exit is
sought and thereafter the prescribed authority shall deregister that
service provider and his name shall be struck of from the register of
recognition and registered service providers.
7. Registration of paying guest accommodation. - (1) No
person shall allow or use his house as a paying guest
accommodation unless he is registered with the Department of
Tourism, in accordance with the paying guest scheme framed by
that Department.
(2) Whoever contravenes the provisions of sub-section (1) or
the provisions contained in the scheme framed thereunder, he shall
be liable to be imposed with a penalty of rupees five hundred by
the prescri bed authority for first contravention and in case of
second violation he shall be liable to be imposed with the penalty
of rupees one thousand by the said authority.
(3) Where the contravention continues even after imposition
of penalties under sub -section (2), the person contravening the
provisions of sub -section (1) shall , on conviction, be liable to be
with fine which may extend to rupees two thousand or with
imprisonment which may extend to seven days or with both.
8. Licensing of Guides.- (1) The pr escribed authority shall
issue licences in the manner as may be prescribed to such number
of Guides as the State Government may determine from time to
time.
(2) Notwithstanding anything in any Rajasthan law, the
Guides licensed by the prescribed authority shall be allowed free
entry into all monuments and places of tourist interest situated
within the State of Rajasthan under the control of any of the
following, namely:-
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(a) Department of Archaeology and Museums,
Government of Rajasthan;
(b) Forest Department, Government of Rajasthan;
(c) Any other Department or instrumentality of the State
Government:
Provided that necessary permission shall have to be obtained
by the Guides in respect of the monuments and places which are
under the control of the following, namely: -
(i) Archaeological Survey of India; or
(ii) any private trust; or
(iii) any other agency, which is not controlled by the
State Government.
(3) The State Government shall frame rules for licensing of
Guides and no person shall act as a Guide on payment of
remuneration in lieu of providing services as a Guide unless he is
licensed by the prescribed authority under sub -section (1) in
accordance with the rules made under this Act.
(4) Whoever is found to be acting as a Guide, without
obtaining licence from the prescribed authority, shall be liable to be
imposed with a fine not exceeding rupees one thousand upon the
matter being reported to the prescribed authority by any member of
the Tourist Assistance Force or any officer of the Department of
Tourism and the prescribed authority shall hold enquiry and afford
opportunity of hearing to the person concerned before passing
orders for imposition of fine.
(5) Whoever is found to be acting as a Guide, at any tourist
destination, without obtaining lice nce from the prescribed
authority, even after once fined for such an offence under sub -
section (4), shall be liable to be arrested without warrant by any
Police Officer not below the rank of Sub-Inspector.
(6) Any person arrested under sub -section (5) shal l be
produced before the Judicial Magistrate having jurisdiction and
such person shall, on conviction, be punished with simple
imprisonment for a term which may extend to fifteen days or with a
fine which may extend to rupees two thousand or with both.
9. Regulation of certain tourism trade related activities .-
The Commissioner shall, from time to time, make regulations with
the prior approval of the State Government to regulate tourism
trade related activities like amusement parks, facilities at ropeways
at the sites of embarkation and disembarkation,
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elephant/camel/horse safari, tourist villages, resorts, rural tourism,
handicrafts, and other facilities like restaurants, cafeterias in the
tourist area or a tourist destination, for the purpose of regulat ing
such services w ith the object of providing quality facilities and
services to the tourists and to the local populace as also to ensure
safety and good hea lth of people using such services and for that
purpose such regulations may include norms, stan dards, criteria
and terms and conditions for settings up, running and continuing
such services or activities:
Provided that if the regulation made under this section relates
to any matter with respect to which there is a provision in any
other law, rule, regulations or bye -laws of the local authority in
relation to public health, sanitation, l icensing or with regarded to
safety, such regulation shall be subject to such law, rule, regulation
or bye-laws.
CHAPTER – III
Recovery of dues
10. Recovery of dues . - The amount of penalty imposed
under the provisions of this Act, if not paid by the persons liable to
pay within sixty days from the date of final order imposing penalty,
shall be recoverable as arrears of land revenue.
CHAPTER-IV
Facilitation and regulation of film shootings
11. Facilitation and regulation of film shootings.- (1)
Notwithstanding
anything in any Rajasthan Law,-
(i) any person willing to undertake film shootings at any
place or location situate in tourist area or at heritage site
or any other location in the State which is owned by the
State Government or vested by the State Government in a
local authority for holding the same in its behalf, shall
apply to the Commissioner who shall act as the nodal
agency for all the Departments of the State;
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(ii) the Commissioner shall make regulations with the prior
approval of the State Government to regulate the
activities of film shootings and such regulations among
other things may provide for,-
(a) single window clearance system for d isposal of
applications for
intending film shooting by agencies;
(b) form of application and application fee;
(c) location fee, per day;
(d) charges for police convoy;
(e) processing charges;
(f) security deposit;
(g) an undertaking from the applicant that he will
not deface, defile or damage any natural or man
made heritage site which is part of the location
for film shooting and that in case any damage is
caused, he shall, make good the loss by payin g
restoration charges and, be also liable for
punishment and penalties in accordance with law
where the damage is irreparable or was caused
by negligence or in a deliberate manner;
(iii) once such permission is granted by the Commissioner,
in accordance with the provisions of regulations framed
under this section, the same shall be binding on all the
departments of State and the local authorities.
(2) The regulations made under sub -section (2) shall be
published in the Official Gazette.
(3) No person sha ll undertake film shootings in places or
locations specified under clau se (i) of sub -section (1) unless
permitted to do so by the Commissioner.
12. Penalties and punishment for contravention .- (1)
Whoever,-
(a) contravenes the provisions of sub -section (3) o f
section 11 or makes default and com mits irregularities
in violation of provisions of regulations made
thereunder;
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(b) by acts of omissions and commission or by negligence
defaces, defiles, destroys, or damages, anything which
is subject to restoration at a ny heritage sight or any
other premises or any place of natural heritage such as
forests (with its flora and fauna) hills, hillocks,
revines, sand dunes, l akes, rivers, and the like where
film shooting was allowed by the State Government;
shall be liable for restoration charges where the damage caused is
subject to restoration.
(2) Where the damage is redeemable , the Commissioner
shall assess the cost of re storation after consulting the P ublic
Works Department of the State Government and other experts on
the subject, if any, and order for imposition of restoration charges
and recovery thereof and besides ordering for recovery of
restoration charges, may impose a penalty not exceeding rupees ten
lakhs .
(3) Whoever, to whom permission is granted for fil m
shooting under section 11 , is found to have caused damage to the
place, location or other things at a heritage site, not by negligence
but through deliberate acts with the knowledge that his acts o r
omissions or commissions are likely to cause or boun d to cause
damage to the sites, premises, l ocations and the damage caused to
is found to be so extensive and irredeemable that the same cannot
be restored or redeemed, he shall , on conviction, be sentenced to a
term of imprisonment which may extend to t hree months or with
fine or with both.
(4) The penalty and punishment, under sub -section (1), shall
be imposed and inflicted without prejudice to any other action or
proceeding which may be initiated or proceeded with, including
convictions and sentence for violation or contravention of any other
law.
(5) Whoever,-
(i) violates the undertaking given under and in
accordance with the provisions contained in sub-
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clause (g) of clause (ii)of sub- section (1) of section
11; or
(ii) contravenes the provisio ns of sub - section (3) of
section 11; or
(iii) is found to have otherwise wantonly caused damage
to any heritage site,
shall be guilty of offence of,-
(a) violating the undertaking given under clause (g) of sub -
section (1) of section 11; or
(b) contravention of provisions contained in sub - section (3)
of section 11; or
(c) wantonly causing damage to the heritage site,
as the case may be, and for each of such offence, such person
shall, on conviction, be punishable with rigorous imprisonment
which may extend to t hree years or with fine which may extend to
rupees ten lakhs or with both.
CHAPTER - V
Prohibition of certain acts and activities in the tourist place, areas
or destination and punishment for contravention thereof
13. Prohibition of certain acts and a ctivities in the tourist
places, areas and destinations. - (1) Notwithstanding anything to
the contrary contained in any Rajasthan law, no person shall
engage in the practice of touting, begging and hawking articles for
sale in or around any tourist place, areas or destinations.
(2) Whoever engages in actual practice of touting at any
place in or around any tourist area or tourist destination, shall be
arrested without warrant by any Police Officer and shall be
produced before the Judicial Magistrate , havi ng jurisdiction, and
such person shall, on conviction, be punished with rigorous
imprisonment which may extend to three months or with a fine
which may extend to rupees three thousand or with both.
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(3) Whoever commits subsequent offence of touting in
violation of provisions of sub -section (1), and engages in the
practice of touting even after having been punished once under sub-
section (2), shall be arrested without warrant by any Police Officer
and shall be produced before the Judicial Magistrate having
jurisdiction and such person shall, on conviction, be punished with
rigorous imprisonment which may extend to three years or with
fine which may extend to rupees thirty thousand or with both.
(4) Whoever, habitually engages in the practice of touting
even a fter having been punished more than once i.e. under sub -
section (2) and sub-section (3) shall be arrested without warrant by
any Police Officer and shall be produced before the Judicial
Magistrate having jurisdiction and such person, on conviction, be
punished with rigorous imprisonment which may extend to seven
years or with fine which may extend to rupees one lakh or with
both.
(5) Whoever practices begging or engages himself in hawking
articles for sale at any place of tourist importance or any tourist
destination or in any tourist area, shall upon first contravention of
prohibition made under sub -section (1), shall be dispersed by the
Tourist Assistance Force Personnel and such person shall be
removed from that area.
(6) Whenever it appears to any Tourist Assistance Force
Personnel that any beggar or hawker or a body of such persons
whose activities are prohibited under sub -section (1), have entered
in the tourist area, shall direct the persons contravening the
prohibition to leave the area and remove themselves beyond that
area.
(7) Whenever there is reasonable apprehension or likelihood
of entry of persons or group of beggars or hawkers whose activities
are prohibited under sub -section (1), the Tourist Assistance Force
Personnel shall prevent t heir entry in the tourist area and direct
them not to enter there. The Tourist Assistance Force Personnel
shall record the entry of this fact in a diary which shall he
maintained by them in the prescribed manner.
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(8) Whenever any person or group of person s to whom
direction has been given under sub-section (6) or sub-section (7), to
remove himself or themselves from the tourist area, -
(a) fails to remove himself or themselves as directed; or
(b) having removed himself or themselves, re -enters the
area or part thereof-
shall be apprehended and removed from that area by any Police
Officer and released outside that area and entry of such
apprehension and release shall be recorded in the daily diary
maintained at the police station.
(9) Whoever commits further violation of the prohibition
imposed on begging or hawking articles for sale in any tourist area
under sub -section (1), even after having committed violations
under sub-sections (6) or (7) and his consequential removal under
sub-section (8), the offender shall be arrested by any Police Officer
and shall be produced before any officer of Tourism Department,
not below the rank of Assistant Director who shall record the
statement of the Police Officer as well as of the offender and peruse
the daily diary or other record showing events of violations of this
Act by the offender and after hearing the offender and the Police
Officer record his findings in a summary manner and where the
offender is found to be guilty of violation of prohibition as
aforesaid in this section, the concerned officer of Tourism
Department shall impose a fine not exceeding rupees five hundred
for violation of provisions of sub-section (1).
(10) Whoever commits any subsequent violation of the
prohibition imposed on begging or hawking articles for sale in any
tourist area under sub -section (1), even after having been punished
under sub -section (9), shall be arrested without warrant by any
Police Officer and the offender shall be produced before the
Judicial Magistrate , hav ing jurisdiction, and shall, on conviction,
be punished with rigorous imprisonment which may extend to three
months or with a fine which may extend to rupees three thousand
or with both.
CHAPTER - VI
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Duties of local authorities towards public health an d sanitation in
the tourist area
14. Duties of local authorities towards public health and
sanitation etc ..-(1) Notwithstanding anything contained in any
Rajasthan Law, the local authorities under whose local areas, the
places of tourist destination or tourist areas are situate, shall have
the duty to ensure cleanliness and check defacement and defiling of
the properties in their respective local areas as also to effectively
enforce the laws prohibiting littering on streets and public places
and to main tain general cleanliness at all roads, streets and public
places and, therefore, it is hereby declared their statutory duty to
keep all places and areas of tourist destination, clean and hygienic
and concerned local authorities shall ensure cleaning of ro ads,
drains, man holes and maintenance of street lights and prevention
of encroachments in and around those places and heritage sites in
respective areas, which are known as tourist areas or an area
frequented by tourists.
(2) The State Government, in th e Department of Urban
Development shall oversee the compliance of provisions contained
in sub-section (1) and may issue directions to the concerned local
authorities for strict compliance of their statutory duty and in cases
of persistent non -compliance an d default, initiate action against
erring local authorities in accordance with the laws governing such
local authorities.
CHAPTER - VII
Statistical information
15. Statistical information. – (1) Each and every service
provider whether licensed, recog nized or registered as service
provider of any category under the provisions of this Act or not,
shall be duty bound to furnish such statistical information or
statistical data and at such intervals and in such form to such
authority as may be prescribed.
(2)If any person, who is required to furnish the statistical
information in terms of sub -section (1), fails to furnish such
statistical information within the period as may be prescribed, he
shall, upon first non -compliance, be liable to be imposed with a
penalty which may extend to rupees one thousand and upon second
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or subsequent non-compliance, be liable to be imposed by the said
authority with a penalty which may extend to rupees two thousand.
(3) Where any non -compliance of the provisions of sub -
section (1) is reported to the prescribed authority by any officer of
the Department of Tourism, the prescribed authority shall, before
imposing penalty under sub -section (2), call upon the defaulting
person to show cause as to why a penalty as provided under s aid
sub-section should not be imposed and after showing cause by the
defaulting person, where the prescribed authority is satisfied that
delay in furnishing the statistical information was not deliberate
and the said person was prevented by cause beyond hi s control, he
may condone the delay and in case he is not satisfied with the
reasons put forth by the defaulting person, he may, by order,
impose a penalty assigning reasons therefor in the order.
(4) Where any person bound to furnish statistical information
in terms of the provisions contained in sub-section (1), continues to
contravene the provisions of said sub -section even after the
imposition of penalties under sub -section (2), and sub -section (3),
shall, on conviction, be punished with simple imprison ment for a
term which may extend to two months or with fine or with both.
CHAPTER VIII
Declaration of tourism trade as industry
16. Declaration of trade and service providers under
tourism sector as industry :- All trade and service providers in
tourism sector are hereby declared as industry for all such purposes
as are outlined in the tourism policy of the State Government or as
may be declared by it from time to time which may include
availability of incentives to recognized and registered tourism
units, and concessions from State Government in accordance with
the rules made by the State Government in this behalf as also for
availability of finance through financial institutions in accordance
with their norms and policies.
CHAPTER- IX
Tourist assistance force
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17. Tourist Assistance Force. - (1) A special group of
personnel known as Tourist Assistance Force shall be engaged,
deputed or appointed by the Commissioner on such terms and
conditions as may be specified by him from time to time af ter
seeking prior approval of the State Government.
(2) The Tourist Assistance Force shall consist of such
specially trained police personnel drawn from Rajasthan State
Police or other suitable trained personnel as the State Government
may determine and specify.
(3) The Tourist Assistance Force shall discharge such
functions as are assigned to it under this Act and such other
functions as the State Government may assign to them in
accordance with law for the time being in force in the State.
(4) The Officer Incharge of the Department of Tourism at the
tourist destination shall deploy the Tourist Assistance Force at
various places in the tourist area in consultation with the Deputy
Superintendent of Police incharge of that local area. The officers of
these two departments shall ensure that necessary assistance is
provided to the tourists and they are protected against harassment.
In case of a dispute between the officers of two departments the
matter shall be referred to the District Ma gistrate and whose
direction thereon shall be final and binding upon them.
(5) The Officer Incharge of the Department of Tourism
having jurisdiction over the local area comprising the tourist area
or tourist destination shall have power to give directions to the
Tourist Assistance Force personnel if and when such occasion
arises and they shall comply with those directions in the matters of
functions assigned to them under this Act or the rules or regulations
made by the State Government or the Commissioner under this
Act.
(6) The Tourist Assistance Force personnel shall keep watch
on touts, hawkers , beggars etc. and for enforcing the provisions of
this Act , the Tourist Assistance Force personnel shall patrol the
tourist areas and timely inform the concerned Police Officer at
police station having jurisdiction for initiating appropriate action
against the illegal hawkers and touts, beggars etc. and the Station
House Officer time being incharge of the police station, shall act in
accordance with law to enforce the provisions of this act and
provide help to the Tourist Assistant Force personnel.
(7) The Tourist Assistance Force personnel shall wear name
tag and such uniform and insignia and other accessories as may be
determined by the State Government and shall carry a photo
identity card duly displayed on their person.
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18. Framing of regulations for regulating the functions
assigned to the Tourist Assistance Force. - Subject to the prior
approval of the State Government, the Commissioner may frame
regulations, not inconsistent with the provisions of this Act or any
other law for the time being in force for regulating the Tourist
Assistance Force.
CHAPTER – X
Heritage tourism
19. Formulation of policy on heritage tourism. - (1) The
State Government shall formula te policy on heritage tourism
incorporating therein package of special concessions and incentives
for heritage hotels, other heritage sites and heritage villages and
provide general guidelines for development as also for facilitation
and regulation thereo f, and make it public in the form of booklets
and afford wide publicity through media.
(2) Such policy may be revised by the State Government
from time to time to pave the way for proper and timely growth of
heritage tourism.
20. Guidelines for maintenan ce of good hygienic
conditions at heritage sites. - (1) The State Government besides
formulating policy on heritage tourism under section 19 shall have
powers to issue special or general directions, from time to time,
with regard to manner in which the liqu id or solid waste, if any,
generated by hotels, restaurants, kiosks, tea shops or stalls etc. near
the heritage sites shall be disposed of.
(2) All activities pertaining to displaying of advertisements,
erection of display hoardings etc. near the heritage precincts or
sites shall be regulated by the rules or regulations framed by the
State Government or the concerned local authorities.
(3) Whoever contravenes the directions given under sub -
section (1) shall be liable to be imposed with a fine not exceeding
rupees five thousand by the prescribed authority:
Provided that before imposition of fine, the prescribed
authority shall hold enquiry and afford opportunity of hearing to
the person concerned before passing orders for imposition of fine.
(4)Whoever further contravenes the directions issued under
sub-section (1) even after imposition of fine or fines under sub -
section (3), shall, on conviction, be punished with simple
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imprisonment for a term which may extend to three months or with
a fine which may exten d to rupees twenty five thousand or with
both.
(5) The contravention of provisions of sub-section (2) shall
be dealt with by the concerned local authorities in accordance with
law for the time being in force in the local area comprising the
heritage sites or precincts.
CHAPTER – XI
Public private participation in the tourism industry
21. Public private participation in the tourism industry. -
(1) Efforts shall be made by the Department of Tourism for
inviting and effecting collaboration with private entr epreneurs in
respect of those units of public sector undertakings which can give
better results by such a measure.
(2) New viable projects or units servicing the tourism sector
may be floated so as to attract private participation.
(3) Incentives may be of fered to the entrepreneurs so as to
generate feeling of assurance of viability and profitability in the
trade.
CHAPTER - XII
Miscellaneous
22. Punishment for false display of recognition.- (1) Any
service provider, who is not recognized and registered under and in
accordance with the provisions of this Act, falsely displays or
purports to show colourable imitation thereof with the object that
he is recognized and registered by the Department of Tourism or
the State Government as a service provider for specific services,
the prescribed authority shall have power to impose a penalty of,
not exceeding rupees ten thousand for the first such offence , and
not exceeding rupees one lakh for second or subsequent offence:
Provided that before ordering imposition of penalty, the
prescribed authority shall afford reasonable opportunity of showing
cause against the proposed action.
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(2) An appeal against the order of the prescribed authority
may be preferred by any aggrieved person within thirty days from
the date of order, before the appellate authority and the order of the
appellate authority shall be subject to review by the State
Government.
(3) Where any service provider, even after impo sition of
penalty under sub-section (2), continues to display or show that he
is recognized or registered as such by the Department of Tourism
or the State Government, he Excerpt shown. Open the full act in Lexace.