Jammu and Kashmir, Registration of Tourist Trade Act, 1978

No: 9 Dated: May, 09 1978

THE JAMMU AND KASHMIR, REGISTRATION OF TOURIST TRADE ACT, 1978

 (Act No. IX of 1978)

    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 whole of the State of Jammu and Kashmir.

(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, canoc and bathing boat;

(b-1) "camp hotel" means a hotel providing boarding ad lodging facilities in a tent at specified patch of land in a tourist area;

(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;

(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;

(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, 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;

(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.

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;

(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 visiting the State for pleasure, adventure, sports or pilgrimage visiting the State from any part of India or outside India;

(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.