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The Nagaland Registration of Tourist Trade Act 2000

Act 6 of 2000

Keyword(s): Black-list, Dealer, Hotel, Hotel-Keeper, Malpractice, Tourist Area, Tourist, Travel Agent

The Nagaland Registration of Tourist Trade Act, 2000 (Act No. 6 of 2000)

[Received the assent oJ the Governor 01 Nagaland on 14.9.2000 -

and published in rlte Nagaland Gazeite Extro-ordinary dated 21th Oct 2000. J

An Act to providc for the development of tourism in rhe State artd for the registration of persons draling wirh Tourists and for matters .

connected therewith.

PremabIe :- WHEREAS iris expedient to make provisions for the com- prehensivc development of tourism in the State and for h c rcgimdtion of persons dealing with tourist and for rna~rers connected therewith; i

Be i t enacted in the Fifty One year of the Republic of India as follows;

PART - I

PRELIMINARY

1. Short title extent and commenccmcnt (1) This Act may be died ihe Napland Registration of Tourist Trade Act 2000.

(2) It cxtcnds to the whole o i the State of Nagaland.

(3) It shall come into force on such date as the Government may by notification in the Gazetle, appoint

2. Definition;- In this Act, unless the context otherwise requim, - (a) 'black-list 'mwns fie list of dealers hotel keepers or travel

agents black-listed under the provisions of this Act and mainmined by prescribed authority andcxhibited at the

. places as may be prescribed.

(b) 'Certi ficat' of registration means a certificate issued under this Act;

(c) LGOvernment' mcans rhe Govemrncnt of NagAmd,

(d) 'dealer' means a pcrson canyi ng on in a tourist area, the business of se!lir.p any notified articlc, whelhcr wholesale or retail and includes his agent or employee mnsic ting business on his behalf;

(e) 'holel' means any premises or part of premises including,

lodges, resorts, houses, rcstaumnt, bar or a tent where

lodging with or without board or any kind of eatables or

bcvemge is provided for a monctary considention.

(0 'hotel-keeper' means any person who owns or operates a hotel as proprietor and includes a pcrson rnanasing or

operating the affairs of s hotel for and on behalf of thc proprietor;

(g) 'malpractice' includes dishonesty, cheating. touling, irnpcrsonation, obstruction in allowing frce choice for

shopping or stay or mvel arrangements, charging a price higher than that, fixed under this Act failure to display price label on thedcle, order within the stipulated time or according to the terns agreed.

Explonatio~t I - For the purposes of this clause, labeled price shall be the reasonable prices with stack number recorded on each label of each i tern as reflected in the stock books of dealer or mnufacmr maintained at their places of busin- which shall be open for inspcc tion by the buyer of the item or by the p r i bed

au!hority.

Explanorion 2 - The expression 'touting' means coercing for shopping, accommodation, transporation, sight-seeing or pestering

for any particular premises, person, establishment ormanufacturer

with consideration of personal benefit.

) notified article' means any article notified by the

Government in the Gazette or in any publication prescribed

in this behalf for purposes of this Act;

(i) 'part' means a part if this Act,

(j) 'prescribed authority' means the authority notifiedas sucb by the Government, provided that, different authorities

may be noti Led for different provision of this Act; I i

(k) 'prescribed authority ' means the authority notified as such ,

by the Govt., provided that different authorities may be

notified for different.

(1) 'tourist area' means any area notified by [he Government in the Gazette or any publication prescribed that, in this behalf, to be a tourist area for purposes of this Act;

i

(m) 'tourjst' means a person or group of persons including pilgrims visiting the State from any part of Zndiaoroutside India and includes a traveler or a group of persons visiting :

a particuIar area from any part of the State;

(n) 'travel agent' means a person engaged in the business of

making travel, trekking, camping, tour operating or other travel arrangement for tourists for a monetary

consideration and includes a tourist guide, guidc, excursion

agent, tent and comping agent or cargo agent.

(0) 'person; includes a firm, company, coopemtin and ass~iation of persons.

Explanation, - For the purpose of clauses (f) and (m) and expression 'tmveI arrangement's includes-

(a) arrangement for W~nsportation, sight-seeing.

(b) arrangement for lodging with or without board, and

(c) rendering other services such as assistance for game,

sports or receipt or dispatch of personal belonging of a

tourist

PART - I1

REGISTRATION OF DEALERS

Regismtion - (1) Every person intending to carry on business of a dealer under this Act shall, befor he commences such business, apply for registration to the prescribed authority in the prescribed manner.

(2) Notwithstanding any thing contained in sub-section 0 any person already carrying on the business or selling any notified article in a tourist area on the date such arLicle is notified under clause (h) of section 2, shall apply for reg- istration under this Act, within three months from the afore- said date.

(3) Every application made under subsection (I) shall be dis- posed of within a period of six months Prom the date of receipt of the application.

4. Cedifica~e of Registration - The prescr ikd authority shaII, un Iess registration is refused under section 5, direct that the name and the paniculzus of the d-mler be en tered j n h e register maintained for the purpose and shall issue a certificate ofregistration to the dealer in the prescribed form within a perioddsix months from the date of the receipt of the application.

5. Refusaltoregister-(I)Theprescribedauthoas'~ymayrefuse regislration ofa dealer underahis Act on any ofthe folIowing grounds, n a d y - a i f he has b n convicteddany offence un&Chapzers

XIVand~oftheTndfamFendCode,I8~arunder m ,

my of rh~qrovisions of this Actor of any offerla! punish- &Ie under-qlaw providing fbr rhe preven tiar of h o d - ins smugglii orprafiteering ar,adultera tion of f& vie

tian ~ ~ l a t i o n s or rhe possaon or sale of any nmotic I

drugs or psychompic :substances or cormption and two I

y c m havc not lapsed since the terminatiorroFsentence i

imposed upon him.

(b) if he has been declared an insolvent by a Court of com- petentjurisdiction and has not been dischqcd.

I

(c) i f his name has been removed from theregis ter under clause (b) or clause (c) of section 6 and six monrhs have not lapsed since the date of removal.

(2) No application for registration shall be r e f u d unless the per- son applying for registration has been afforded a reasonable o g portuni ty of being heard.

6. Removal of thenme Frornthe register (1)Theprescrikdauthwity may, by an order i n wrj ting, remove the name of the 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 hc is convicted af any offence under chapter XIV and XVI of the Indian Penal code. 1860 or under any provisions of this Act or of any offence punishable under law pro- viding for the p~vention of hoarding, smuggling or profi- teering or adulteration of food, violation of foreign ex- change regulations or Foreign Contribution Regulations or the possession or sale of any narcolic drugs or psy- chotropic substances 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 prescri bed authority under sec- tion 7.

2 Any dealer whose name is rcmoved from the regisrer under sub-secrion (1) shall forthwith cease to be dealer

'. Black-listing of dealers -

1 ) The prescribed authority may, on a complaint of malpractice having been proved or for any ather offence committed under [his Act, for reasons to be recorded, black-Iist a dealer after taking into consideration the nature of malpractice or gravity of offence, for such period as the prescribed authority, deems fit

(2) The particulars of a dealer blacklisted shalI be exhi bj ted at

conspiuous places in a1 tourist areas and noti fied to all truvel, trade and other concerned organisations, foreign missions in India, Indian missions abroad and other importan I concerned channels after [he order blacklisting him has become final.

(3) The action taken under sub-seclion (1) shall not protcct such dealcr from being prosecuted under thc provisions of this Act.

(4) If dle p~scn'bed aurhoriry is satisfied [hat are sufficient grounds formmoval ofa dealer fmm the blck-list, jt may, after, rrcording the reasons, order his removal from such l ist and issue fresh certificate of regiskiltion on payment of prescri bed fce and

nolify the samc for the information of al l concerned

8. Notice of removal and black-[isring of deder- Be fore removing .

rhe name of a dealer from thc register under section 6 or black- lis~ing him undersection 7, he prescribed au~horiiy shall give noticc

to the dealcr of the ground or grounds on which it isproposcd to i take action, and hold an inquiry in the presencc of the dealer giving ; him a reasonable opportunity of showing cause against it. !

PART - 111 REGISTRATION OF HOTELS

9. Rcgistration - (I) Every person intending to opcrate a hoteI in a tourist area shall, before operating i 1, apply for registrition to [he prescribed authority in the prescribed manner.

(2) Notwirhstanding anything containedin sub-section (I) my pcnon alrcady uperaling a hotcl in a rounst area on the date [he notification under clause of section 3 is isstled, shall apply for registr~tion within three monrhs fmm rhe aforesaid date.

(3) Every application made under sub-sec tion (l) shall be disposed of ~ v i thin a period of six monrhs from h e date of receipt of the applicdtion failing which the application shall bc deerncd to have been accepted lor registration.

10. Certi f icn~e of Rcgistratian - The prescribcd :iuthoriry shall unless registration is refusedunderscction II direct that the nameand the particulars of the hotel and the hotel-keepcr be enlered i n the register maintaincd for [he purpose and shall issue a cerlificute of registration to the holel-keep in the prescn'bcd lolm.

11. Refusal to ~ g i s t c r a horel - (I) The prescri bcd authoriry may rcfuse rcgislration of a hole1 under this Act an the rollowing grounds, namely :-

(a) if the hotel keeper has ken convicted of any offence under Chapters XIV and XVI of theIndian Penal Code, 1 EGO or under any of thc provisions of this ACL or of any offence punishable under any law providing for the prevenrion or hoarding, smuggling or p:ofiteering 01' adulterxion of food, violation of foreign cxchange regulation or forcign conbibution regulalions or the possession or sale of any narcotic drugs or psychotropic subsrances or corruption and two years have not elapsed since rhc [ermination of the sentence imposed upon him.

(b) If the holel-kceper has been declared an insolvent by a court of competent jurisdictiotl and has no[ been discharged ;

(c) IF the n a m e of the hotel-keeper has been rernovcd from the register under clause (b) of section 12 and six months have not elapsed since the date of such removal;

(d) I f thc hotel-keeper does not hold a license or cenificatc required to be hold by him under any law for thc time king in force;

(e) Tf, i n the opinion of the prescribed authority, rherc is sufficient ground, to be recorded in writing, For refusing regismtion.

(2) No application for registration shaSI I be refused unlcss the pecson applying for registration has b e n affordcd n reisonable opportunity of being h e a d .

12. Removal of the name from Ihe register - O The prescribed authority may, by an order in writing, remove the name of a hotel from the register and cancel its ccrlificatc of registration on any of [he. following grounds, namely :-

(a) if the hod-keeper ceases to operate rhc hotel in the tourist arm From which iz is registered;

(b) If the hotel-keeper is convicted of any offence under Chapters XLV and XVI of thc Indian Penal Code 1860 or under any of the provision of this Act or of any offence punishable undcr any law providing ur rhe prevention of holding, smuggling or profiteering or adul tention of f d , -

violation of foreign exchange regulations or foreign contribution regulations or ihe possession or sale of any narcotic drugs or psychotropic substances or corruption,

i (c) Trim y hutel-keeper is declared an insolvent by a ~ o u r t of 1

competent jurisdiction and has not been discharged-,

(d) If any complaint of malpractice is received and proved against a hotel keeper;

i (e) If the hotel is black-listed undcrscction 13.

(7) Any hotel, [he name of which is removed from Ihc register under su b-section (I), shall forthwith ccase to operate.

13. Black-lisling of hotel. (1) The prescribedauthori~y may, on a camplaint of malpractice having been proved or- Tor any other offence cornmi tted under this Act, for reasons to be recorded, black list a hotel, ilfter taking into consideration the narure of malpractice or the gravity ot offence, for such period as the prescribed authority, deems fit.

2 Thcparticulars of a black-listed hod shall beexhibited& conspicuous place in all rourist areas and all the travel agents, d e a l e ~ and hoteI keepen, foreign missions in Indiil missions abroad shall be given acopy thercof and they may be requested to affix the same at a conspicuous place in the place of business or3s the case may be, the notice b a r d of thier offices.

(3) The action taken under sub-section 0) shall no[ protect such hotel-keeper 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 hotel from the black-list i t may, after recording the reasons, order i IS removal from such list and issue a fresh certificate of regisrration on payment or prescribed fee and notify the same for the information of all concerned.

14. Notice of removal and black-listing of hotel - Before removing the name of a hotel from the register under section 12 or black- lisled 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 i t .

15. Fixation of rates - The prescribed authority may in consul tation with the hotel-keeper, by nolification in the ~ & e t t e or any publication prescribed in this behalf, fix in respect of cnch hotel the reasonabIe maximum rare and [he service charges, i f any. commensurate with the standard OF the hotel and quality of food, accommodntion and service which may be charged by the hotel- keeper for board or lodge or for both from the persons staying therein or from other customers.

16. Hotel-keeper to display information - Every hotel-keeper shall cause to be displayed at some conspjcuous place of the hotel, such information as may be prescribed.

17. Hotel-keeper to present detailed bi I1 - Every hotel-keeper shall render detai led bi I Is to the person residing in the hotel and orher customers and shalL give receipts in ncknowledgerncnt of all pay men ts.

PART - IV REGISTRATlON OF TRAVEL AGENTS

8 . Registration - (I) No pcrson shall carry on the business of a travel agent in a (uurist area,unless he is registered in accordance with the provisions of this Act.

(2) Every penon intending co act as 3 travel agent in a tourist are;! shail, before he commences lo act as such, apply for I-cgistruiion to thc prescribed authority in the prescribed ,--

manner.

(3) Notwithsrnnding anylhingcantained in sub-scction (21, any person acling as 3 travcl agent in a Lourist area on the i

date ;1 notification under clause (I) of section 2 issucd, shall apply forrcgistration within six months I ~ o m the aforesaid date.

19. Ccnificatc ofregis tration - The prescribed auihorily shall, unless ' rcgisrrution is refused under section 20, direct that the name and puticulm of the trave t agenl bc entered in the register mai nliiined foc the Fur pose and issue a certit'icate of registration to Ihc travel agent in the prescribed form.

20. Refusul 10 register- (I) The prescribed authority may refuse the regismtion of a t~nvel a@ under this Act on any OF the Following gmunds, namcly :-

(3) IF he does not possess any of~he prescribed qualifica tions:

(b) Ifhehasbeenconvictedofanyo~fcnceunderChapter XIV and XVI of the Indinn Pen:)] Code, 1860 or under any ofthe provision ofthe Acl or of any offencepunishablc undcr my Inw providing forthc prevention of hoarding, smuggling or profi teering or adulteration of food violation of foreign cxch:mge regulations orforcign contribution ~cgulalions or thc possession or sale of any narcotic drugs or psycholropic subslances or corruption arid ~ w o years

have not elapsed since the termina~ion of the sentencc imposed upon him;

(c) If hc has been dectnrcd an i'nsolvcnt by n Court 01-

compctentjutisdic~ion and has not bccn dischnlgcd.

(d) If his name has been removed from thc rcgiste~. undcl- [his Act and onc-year has not elapsed sirtcc [he date or removal.

(2) No application for registration shall bc refused unIcss [he person applying for registration has bcen given an opportunity of bcing heard.

21. RemovaI of the name from register - (I) The prescribed aulho~ity may, by an order in wliting,remove thc name of the travel agcnt from the regisler and cancel his certi hc;~te of ~egistralion on any or the following grounds, namcly :-

(a) If he ceases to act IS ;I travel agent in a toulisr area : ;

i (b) I f he is convictcd of any offcnce undel-chapters XIV and

XVI of [he Indian Penal code, 1860 01' undcr any of thc provisions of this Act or of any offcnce punishable undcr any Iaw providng Pork prevention of hoaxling, sn~i~ggling or profiteering or adultelation of food, violarirm uof foreign exchange ~cgulations or foreis contribution reguIarions or the posscssion or sale of any narcotic dt-ugs 01.

psychoiropic subslanccs or corrupt ion ;

(c) If he is dcclared an insolvent by a Court of competent jurisdiction and has not been discharged ;

(d) If any complaint of malpractice i s recei vcd and provcd against him;

(e) Ifhcishlack-listedbytheprcscribedauthoriryc~ndcr section 22.

(2) Any ~ r i ~ v c l agent whose name i s removed From [he register under sub-scction (I) shall Forlhwith cease to be a travel agent.

22. Bkk-listing of travel agents - (1) The prescribed authori ty may, on proof of any complaint of malpractice or for any orher offence comrni tied under this Act, for reason to be recorded, hlack list a traveI agent afier taking in consideration the nature of rnaIpract ice or the =vity of offence for such period as he prescribed authority deems fit.

(2) The particulars of a travel agent black-listed shall be exhibited at conspicuous places and notified to all travel, trade and olher concemed organisation, foreign missions in India missions abroad etc.

(3) The action taken undersub-section (T) shall not protect : such [ravel agent from being prosecuted under the provision of this Act.

(4) Iftheprcscribedauthorityissntisfjedthat~hereare I sufficient grclund for removal of a travel agent from the I blacklist, it may, after recording the reasons, order his ,

removal from such list and issue a fresh certificate of ,

registration on payment of prescri bedfee and notify the same for information of all concemed.

23. Nolice of removal and black-listing of travel agent - Before removing the name of a triivel agent from [be rcgister under section 2 1 or black - lisling him under section 22, the prescribed authority shall give notice to the travel agent of rhe ground or grounds on which i t is proposed to take action, and hold an inquiry in the presence of thnt person, giving him a reasonable opportunity of showing cause against it.

24. Fixation of rates - The prescribed authority may, by a notification in thc Gazette, fix the reasonable maximum rates which may be charged by a travel agent for the service rendered by him to a pcrson engagng him as such.

25. Travel agent not to receive or demand tips - No travel agent shall ceccive oihdcmand any tips, gratuity, presents or commission other than thnt permissible under this Act from any hotel-keeping in whose hotel such person resides or intends to reside.

PART - V APPEAL AND REVISION

26. Appeals - (1) Subject to the provisions of the sub-section (21, an appeal shall lie from every order of the p-bed authority under this Act, to thc appcllatc authority ro be appointed by the government.

(2) Every such appeal shall be preferrcd within ninely days from the date of communication of the order.

(3) Every appeal shall be accompanied by such fees as may be prescribed and the original or artested copy of the order appealed against:

Provided that the appellate authority may entertain an appeal after the expiry of the said period of ninety days, if i t is sutisfied thar the appellant was prevented by sufficienr cause from filling i t in time. \

I

(4) The appelan t shall have a right lo appear by a counsel and the prescribednuthority may be represented by such i

! officer OF person as !he Guvernmen t may appoi nl.

( 5 ) Onrcceiptofanysuchappeal,rheappellateauthority shall after gi ving [he appelant a reasonable opportunity of being heard and after making such inquiry as i t deerns proper, dispose of the appeal for rcason to be recorded.

(6) The proceedings before the appellate authority shnl l be completed within four months of irs institution.

27. Revision- The Government may, at any limc call for the record of any case pending before or disposed of by any autho~ity under this Act and i f any such case irappears to thcm that any order passed or proceeding taken should be modified, annulled. or reversed, Government may pass such order as they may deem fi t for reason to be recorded any such order shall be final:

Provided that no 01-der under this section shall be made to the prejudice of the person unless I ~ a s had a reasonable opportunity of being heard ei therpersonall y or ll~rough counsel or by a duly authorised agent.

PART - VI OFFENCES AND PENALTIES

2 8 Penalty for default in registmion - (1) Any person caqing on the business of a dealer, hotcl-keeper or [ravel agent without a proper registration under this Act or in violation of the provisions of this ACTor 'RULES' shall be punishable by thc prescribed authority with a fine which may extend to Rs. 5000 and if the brcach is a continuingone, withalincofRs. 100foreachsuchday.

(2) The fine imposcd under sub-section (1) shall be recovered as i f i t is an arrears of public revenue due on land undcr the plpvi sions of the Bengol Public Demands Recovery Act. 1913.

Explanation- a person who has made an application within the prescribed period and is pending disposal shall nor be defaul tcr for the purpose of this section.

29. Penaliy ior false staterncnt- If any person required to make a statement under this Act willfully makes a false statement or

suppresscs u material fact with an intention lo mislead the prescribed aurhority, hc shall be liable to punishment with imp~isonmenl, fora term which may extend to three months or with fine not exceeding Rs. l000or w i ~ h both.

30. Certificate not lo be assigned- Any person who lends, transfers or assigns the certi ficate of regismlion issued under this Act, shall be liable to punishmenr with imprisonment which may extend to six monrhs or with fine not exceeding Rs. 2000 or with both.

31. Cerri ficatc and documenrs to bc shown to persons on demand.- ( I ) Any person registered under this Act, shall, at all timcs on demand, produce'and show his certificatcor any other dmument t.equilqed under this Act to -

(a) ~ h c prescribed aulhority or any othcr office duly nuthorised by him in this behalf, and

(b) any bond fida customcr.

(2) Any person who refuses, on demand lo show his certificate or document, or dIow it to be read by any of [he persons authorised to demand it, shall be liable lo punishment wilh fine not exceedi ng Rs. 500.

32. Penalty for mulprwtice- Any dealel; hotcl-kceper, [ravel agcnl or any other person to whom [his Act rnny be made applicable, who commits a malpractice or contravenes any othcr provision of this Act in the tourist area for which no spcci fic penalty has been provided, shall be liablc to punishment with imprisonment for a term which miy ex tcnd to rhrec months or with fine no exceeding Rs. 1000 or both.

33. Obshcting lawful aurhorities.- If any person willfuf ly obs~rucb 01.

offers my resistance to, or othenvise interferes with the discharse i

of che functions of the prescrikd authority or any officcr nuthorised ! by him exercising any power, orperfolming any duiics conferred or imposed upon it or him by in pursuance of this Act or the rules I

made thereunder, he shall k liable to punishment wih imprisonment which may extend to three months or with finc not exceeding Rs. I I

100 or with both. I

34. Offences to be tried summarily.- "Notwithstanding" anything contained in this Act or in the Rules for Administration of Justice and police in Nagaland, 1937 and in the spirit of the codc of criminal proceduce, 1973, a11 offences under this Act shall be uiable summarily.

35. Specin! rule of evidence.- Notwithstanding anything contained in the Indian Evidence Act, 1872, when any complain under this Act is madejn writing by any person to Lhepmcribcdauthority, i t may be admitted in evidence and the examiliation of the complaint shall not be obligatory in any trial by a JudiciaI Magistrate, if such person cannot be found or is incnpabIe of giving evidence.

36. Institution of proceedings+- No prosecution shall be instituted against any person for any offence under this Act except on a complaint made by the prescribed authority.

37. Powers of the prescribed authority to summon and enforce altendance of witnesses and other persons.- The prescribed authority shall have all the powers of a Civil Court under the Rules for adminisrrdlion of justice and police in Nagaland 1 973, and in rhe spirit of the Code of Civil Pmedure, 1908 while trying a suit in respect the following matters, name1 y:-

(1) summoning and enforcing attendance of the complaint of the person against whom compIaint is made under this Act and witnesses required i n connection therewith;

(2) compelling the production of any document; and

3 examining wilnesses on oalh.

I and may summon and examine suo moto any person whose :

evidence appears to be material.

Etplar~urio~r :-For purposes of enforcing attendence of wi t n e w any other persons m t i o n e d above, the local limits of the jurisdiction of he presnibedauthority extcnds to the whole of the Stale. '

38. Composition of~ffences- (1 ) The prescri k d authority may accept from any person accused of an offence under this Act a sum of money not e x d n g five lhousand rupws, by way of composition for such offenceand may out of the money so received compensate thc person against whom the offence has been committed to the ex tent the prescribed authority deems reasonable.

(2) On the composition of the offence, no further proceeding in respect thereof shall be taken against the accused and if any procceding hm already been institu ted against him i n any court, the composition shall have the effect of acquittal.

PART - V11

MISCELLANEOUS

(1) Whenevelrahusiness for which certificate of regisrration i s held &a person devolves by inheritance or otherwise upon any other person or undergoes a change in respect of any~particulars entered in theregister under rhis Act.

such person shall within sixty dhys of the date of su& devolution or change, noti@ imwiiting the fact to th

prescribed.

(2) The presuribedaurhoriry shdl make necessary chi~ngnsjih the register maintained for rHepupse and in Lhe certikate ufregisudion. -

(3) ~otwithshmtinganythirrgcontaincdinsclb-sectim@), the prescribed authority m y remove b m Ihe r e g i ~ t h e name ofi'&person in whose favour the ccrti f icah was

issued andcanceI the cmificateof regislratiom iif the succesmris nbt qualifikd to be registered under,ilk Acl.

40. Retum of the mificate of Rkgstratiom- When a ce&-cate of regjirtration iscmcel;ed u n k this Actl, the person hdkiing such cehficate shEPU, wi t h n sevendays from rhe date of pdblicalion nf t k order of cancellation in the Gszctte or any p c r i b e d in this behalf return i t to the prescribed authority.

41. Dup1icatecertificnte.- Wa certi ficate of registration issued under this Act is lost, damaged or dcs~royed. the prescribed authority shall, on an aQplication'made in that bahalf by the pcrsan holding such certificate on payment of the prescribed fee, issue a duplicate cenificate.

42. Certi ficale of reg strution to be kcpt exhibi tcd.- The certi ticate of registration shell be cxhibited by rhe person holding in i t a conspicuous place at the principal place of his business and i f he has no place of business, he shall keep it on his person.

43. Publication of list of pel-son removed from the register.- The prescribed authori ty shall from time to time, publish in he Gazette or I wo newspapem and in such other manner as it deems f i t , the names and addresses of the persons and ofthe hotels whose names have bcen rerno~~ecl from the register and who have been refused registration under chis Acl.

44. Power to inspect.- The prescribed authority or any person aulhorised by him in this behalf may within the toucist m a , inspect at all reasonable times, the premises in which a dealer or a [ravel agent carries on his business or any premises where a hotel operate md require such dealer, trzlveI agent or a hotel-keeper to produce any document, kept in pursuance of this Act or the rules made thereunder for inspection.

45. Fixation of rates for other services.- The prescribed authorj ty may by a notification i n the Gazelle or two newspapers fix the reasonable maximum rales which may be charged for hiring of, zlutomobi Ics, tourist coac h tourist guide or other conveyance.

46. Powers of the Government to apply the Act to other persons.- The Government may by notification in the Gazette or two newspapers direct that all or any of the provisions of this Act or the rules made thereunder shall with such exceptions, adaptations or modifications as may be considered necessary apply lo persons doing the business in a tourist area of letting or pIying for hire boats automobile vehicles, or to such other persons as may be s p i fied in the notification.

47. Powers and the duties of police in respect of offences and assistance to the prescribed authority.-

(1) No person shall, without permission from the person or authority concerned, efface, mutilate or disfigure or orhenvise destroy or cause any damage to any sign board situatedwithin atourist area.

(2) Whoever contravenes any of the provisions of subsection (I) shall be punished with a fine which may extend to one thousand rupees.

(3) Every Police Officers shall give immediate information to the prescribed authority of offence coming to his knowledge, which has been committed against this Act or any rule made thereunder and shall assist the prescri bed authority in the exercise of his lawful authority.

48. 1ndcmnity.- No suit, prosecution or other legal proceedings whatsoever shall lie against the Government or any person in respect of any thing which is in good faith done or intended to be done under this Act.

49. Reservation of power of local au~hority.- 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 of the Government to regulate the comes of instruction or training in tourism.- Government may, for the better and efficient management of tourism of the state, regulates subject to such conditions and restriction as may be prescribed, the courses of instructions or training in tourism conducted by any institulion or organisation other than hose afiliated to any of the Universi ties in the state and those recognised or approved by Government.

51. Power to make rules.-

1 The Govemrnenl may, by notification in the Gazette, make rules for carrying out the purposes of this Act.

(2) In panicular and wi thaut prejudice to the gcnerali ty of the forcgoing powers, such rules may provide for-

(a) the maintznance of rcgislers, books and forms by a halel- kceper, dealer or travel ngen t for conduct of business;

(b) [he fonii of applicarior~ Forregis~~~tior! and for ce~ificctc of registn~ion:

(c) ~ h c fee for rcgistration:

(d) the mnnner of giving notices undcr this Act:

(c) ~ J ~ s s i f i c a ~ i ~ n ofilorels and timavel ngenrs;

(f) qualific;~tions fur rcgisrntion as h v e l agenls;

) manel. of publjcalion of thc names and addresses of the . pcrsons and of rhc pel-sons and of thc hoiels ren~ovcd ;.- from the legister or to whom registration has been rcfused;

(h) manner in which a dealer, a hotel anda travel agent shall be black-fistedand the publication of names and address :

of such dealer, hotel and travel agent; !

(i) the placc where the prescribed auihority shall hold inquiry ! under this Act; and

(j) all malters expressly required to be prescribed under this Act.

(3) The rules made under this Acrshall be subject lo becondition of previous publication.

(4) Every rule made under this section shall be laid as soon as may be after i t is madc before the Legislative Assembly : whiIeit is in session for a total period of fourteen days which may be comprises in one session or in rwo successive sessions and if before the expi~y of [he session in which it is so laid or the session irnnlediately following, thekgislntive Assembly makes any modi ficarion in the rules or decides that the rule shouId not be made the rule shall thereafter have effecconly in such modified form for be ofno effect, ;ls the case rnay be, so however that any such modification or annulment shall be without prejudice to the validity of any thing prevjously done under [hat rule.