Nagaland · 2000 · Act 6
The Nagaland Registration of Tourist Trade Act, 2000
In forceFull text· TOURISM
This Act is not split into sections here yet, so this is the full text read from its official PDF. Older scans can carry reading errors: check the PDF before you quote it, and for tables and schedules.
The Nagaland Registration of Tourist Trade Act, 2000.
(Act No. 6 of 2000)
Received the assent of the Governor of Nagaland on 14/09/2000 and
published in the Nagaland Gazette Extraordinary date: 1 1 th of October, 2000.
An act to provide for the development of tourism in the State and for the
registration of persons dealing with Tourists and for matters connected therewith.
to provide for the development of tourism in the State and for the registration of
persons dealing with Tourists and for matters connected therewith.
Preamble: WHEREAS it is expedient to make provisions for the
comprehensive development of tourism in the State and for the registration of
persons dealing with tourist and for matters connected therewith;
BE it enacted in the Fifty One year of the Republic of India as follows;
PART I
PRELIMINARY
1. Short title and commencement
(1) This Act may be called the Nagaland Registration Tourist Trade Act
2000.
(2) It extends to the whole of the State ofNagaland
(3) It shall come into .force on such date as the Government may by
notification in the ~ a z e t t e , appoint.
2. Definition;- In this Act, unless the context otherwise requires,-
(a) 'Black-list' means the list of dealers hotel keepers or travel agents
blacklisted under the provisions of this Act and maintained by
prescribed authority and exhibited at the places as may be'prescribed.
(b) 'Certificate' of registration means a certificate issued under this Act;
(c) 'Government'means the Government ofNagaland.
(d) 'Dealer' means a person carrying on in a tourist area, the business of
selling any notified article, whether wholesale or retail and includes his
agent or employee transacting business on his behalf;
(e) 'hotel' means any premises or part of premises including lodges, resorts,
houses, restaurant, bar or a tent where lodging with or without board or
any kind of eatables or beverage 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, fixed under this Act,
failure to display price label on the article, order within the stipulated
time or according to the terms agreed.
Explanation 1 - For the purposes of this clause, labeled price shall be the
reasonable prices with stack number recorded on each label of each item
as reflected in the stock books of dealer or manufacturer maintained at
their places of business which shall be open for inspection by the buyer
of the item or by the prescribed authority.
Explanation 2- The expression 'touting7 means coercing for shopping
accommodation, transportation, sight-seeing or pestering for any
particular premises, person, establishment or manufacture with
consideration of personal benefit.
(h) 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 it this Act.
(J) 'prescribed authority' means the authority notified as such by the
Government, provided that, different authorities may be notified for
different provision of this Act;
(k) 'prescribed authority' means the authority notified as such by the by the
Govt. Provided that different authorities may be notified for different
(1) 'tourist area7 means any area notified by the Government in the Gazette
or any publication prescribed that, in this behalf, to be a tourist area for
purposes of this Act;
(m) Tourist' means a person or group of person including pilgrims visiting
the State from any part of India or outside India and includes a traveler or
a group ofpersons visiting a particular 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, guide,
excursion agent, tent and camping agent or cargo agent.
(0) 'person' includes a firm, company, cooperation and association of
persons.
Explanation- For the purposes of clauses (f) and (m) and expression
'travel arrangement's 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 dispatch of personal belonging of a tourist.
PART I1
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 authorinj in the prescribed manner.
(2) Notwithstanding anything contained in sub-section (I), any person
already carrying on the business or selling any notified article in a tourist
area on the date such article is notified under clause (h) of section 2, shall
apply for registration under this Act within three months form the
aforesaid date.
(3) Every application made under sub-section (1) shall be disposed of
within a periodof six months from the date of receipt of the application.
4. Certificate of Registration- The prescribed authority shall, unless
registration is rehsed under section 5, direct that the name and the particulars
of the dealer be entered in the register maintained for the purpose and shall
issue a certificate of registration thedealer in the prescribed form within a
period of six months from the date of the 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 has been convicted of any offence under Chapters XIV and
XVI of the Indian Penal Code. 1860 or under any of the 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, violation of foreign exchange
regulation or foreign contribution regulations or the possession or
sale of any narcotic drugs or psycho tropic substances or corruption
and two years have not lapsed since the termination of sentence
imposed upon him.
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 lapsed since the date
of removal.
(2) No application for registration shall be refused unless the person
applying for 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 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 he is convicted of any offence under chapter XIV and XVI of the
Indian Penal code 1860 or under any provisions ofthis Act or of any
offence punishable under any law providing for the prevention of
hoarding, smuggling or profiteering or adulteration of food.
Violation of foreign exchange regulations or Foreign Contribution
Regulations or the possession or sale of any narcotic drugs or
psycho tropic substance s or corruption.
(c) if he is declared and 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 under section 7
(2) Any dealer whose name is removed from the register under sub-section
(I) shall forthwith cease to be dealer.
7. Black-listing of dealers-
(I) The prescribed authority may, on a complaint of malpractice having
been proved or for any other offence committed under this Act, for
reasons to be recorded back-list 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 shall be exhibited at conspicuous
places in all tourist area 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
blacklisting him has become final.
(3) The action taken under sub-section (1) shall not protect such dealer 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 dealer from the black-list. It may, after recording the
reason, order his removal from such list and issue fresh certificate or
registration on payment of prescribed fee and notify the same for the
information of tall concerned.
8. Notice of removal and black- listing of dealer - Before removing the name
ofa 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 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 I11
REGISTRATION OF HOTELS
(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) Not withstanding anything contained in sub-section (I) any person
already operating a hotel in a tourist area on the date the notification
under clause (1) of section 2 is issued, shall apply for registration within
three months from the aforesaid date.
(3) Every application made under sub-section (I) shall be disposed ofwithin a
period of six months from the date of receipt of the application failing
which the application shall be deemed to have been accepted registration.
10. Certificate of registration: The prescribed authority shall unless
registration refused under section I1 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 the following gerunds namely.
(a) If the hotel keeper has been convicted of any offence under Chapter
XIV and XVI or the Indian Penal Code, 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, violation of foreign exchange
regulation or foreign contribution regulations or the possession or
sale of any narcotic drugs or psycho tropic substances or corruption
and two years 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 if the hotel-keeper has been removed for the register
under clause (b) of section 12 and six months have not elapsed
since the date of such removal;
(d) If the hotel-keeper does not hold a license or certificate required to
be hold by him under any law for the time being in force,
(e) If, in the opinion of the prescribed authority, there is 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.
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 Chapters XIV
and XVI of the Indian Penal Code 1860 or under any of the
provision of this Act or of any offence punishable under any law
providing or the prevention of hoarding, smuggling or profiteering
or adulteration of food, violation of foreign exchange regulations or
foreign contribution regulations or the possession or sale or any
narcotic drugs or psychotropic substances or corruption,
(c) If any 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 back-listed under section 13
(2) Any hotel, the name of which is removed from the register under sub-
section (I), shall forthwith cease to operate.
13. Black-listing of hotel.
(1) The prescribed authority may, on a complaint of malpractice having
been proved 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, for such period as the
prescribed authority, deems fit.
(2) The particulars of a black-listed hotel shall be exhibited at conspicuous
place in all tourist areas and all the travel agents, dealers and hotel
keepers, foreign missions in India missions abroad shall be given a copy
thereof and they may be requested to affix he same at a conspicuous
place in the place of business or as the case may be, the notice board of
their offices.
(3) The action taken under sub-section (I) shall not 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 it may, after recording the
reasons, order its removal from such list and issue a fresh certificate of
registration 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 th name of
a hotel from the register under section 12 or black-listed it under section 13,
the prescribed authority shall give 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.
15. Fixation of rates:- the prescribed authority may in consultation with the
hotel-keeper, by notification in the Gazette or any publication prescribed in
this behalf, fix in respect of each hotel the reasonable maximum rate and the
service charges, if any, commensurate with the standard of the hotel and
quality of food, accommodation 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 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
REGISTRATION OF TRAVEL AGENTS
(1) No person shall carry on the business of a travel agent in a tourist area,
unless he is registered in accordance with the provisions of this Act.
(2) Every person intending to act as a travel agent 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 in a tourist area on the date a notification under
clause (1) of section 2 is issued, shall apply for registration within six
months from the aforesaid date.
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 be entered in the register maintained for the purpose and
issue a certificate ofregistration to the travel agent in the prescribed form.
20. Refusal to register:-
(1) The prescribed authority may refuse the registration of a travel agent
under this Act on 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 Chapters XIV and
XVI of the India Penal Code, 1860 or under any of the provision of
the Act or of any offence punishable under any law providing for
the prevention of hoarding, smuggling or profiteering or
adulteration of food violation of foreign exchange regulations or
foreign contribution regulations or the possession or sale of any
narcotic drugs or psychotropic substances 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 or competent
jurisdiction and has not been discharged.
(d) If his name has been removed fro m 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 given an opportunity ofbeing heard.
(21) Removal of the name from register-
(1) The prescribed authority may, by an order in writing, remove the name
of the travel agent from the register an cancel his certificate of
registration on any ofthe following grounds, namely.
(a) If he ceases to act as travel agent in a tourist area;
(b) If he is convicted of any offence under chapters XIV and XVI of the
Indian Penal code, 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, violation of foreign exchange regulations or foreign
contribution regulations or the possession or sale of any narcotic
drugs or psyhotropic substance 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 under section 22.
(2) Any travel agent whose name is removed from the register under sub-
section (1) shall forthwith cease to be a travel agent
22. Black-listing of travel agents:-
(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 travel agent after taking in consideration the nature
of malpractice or the gravity of offence for such period as the 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 other concerned
organisations, foreign missions in India missions abroad etc.
(3) The action taken under sub-section (I) shall not protect such travel agent
from being prosecuted under the provision of this Act.
(4) If the prescribed authority is satisfied that there are sufficient ground for
removal of a travel agent from the blacklist, it 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 all concerned.
23. Notice of removal and black-listing of travel agent- Before removing the
name of a travel agent from the register under section 21 or black-listing him
under section 22, the prescribed authority shall give notice to the travel agent
of the ground or grounds on which it is proposed to take action, and hold an
inquiry in th presence of that person, giving him a reasonable opportunity of
showing cause against it.
24. Fixation of rates: The prescribed authority may, by a notification in the
Gazette, fix the reasonable maximum rates which may be charged by a travel
agent for the service rendered by him to a person engaging him as such.
25. Travel agent not to receive or demand tips:- No travel agent shall receive
or demand any tips, gratuity, presents or commission other than that
permissible under this Act fi-om 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 (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 such be preferred within ninety 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 attested 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 it is satisfied that the appellant
was prevented by sufficient cause from filling it in time.
(4) 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.
(5) On receipt of any such appeal, the appellate authority shall after giving
the appellant a reasonable opportunity of being heard and after making
such inquiry as it deems proper, dispose of the appeal for reasons to be
recorded.
(6) The proceedings before the appellate authority shall be completed
within four months of its institution.
27. Revision- The Government may, at any time call for the record of any case
pending before or disposed of by any authority under this Act and if any such
case it appears to them that any order passed or proceeding taken should be
modified, annulled, or reversed, Government may pass such order shall be
final.
Provided that no order under this section shall be made to the prejudice of the
person unless 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:-
(1) 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 the
provisions of this ACT or 'RULES' shall be punishable by the
prescribed authority with a fine'which may extend top Rs. 5000 and if
the breach is a continuing one, with a fine of Rs. 100 for each such day.
(2) The fine imposed under sub-section (1) shall be recovered as if it is an
arrears of public revenue due on land under the provisions of the Bengal
Public Demands Recovery Act. 19 13.
Explanation - Aperson who has made an application with the prescribed
period and is pending disposal shall not be defaulter for the purpose of
this section.
29. Penalty for false statement- If any person required to make a statement
under this Act willfully 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 Rs 1000 or with both.
30. Certificate not 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 Rs. 2000 or with both.
31. Certificate and documents to be shown to persons on demand:- (1) Any
person registered under this Act, shall at all times on demand, produce and
show his certificate or any other document requiredunder this Act to-
(a) The prescribed authority or any other office duly authorised by him in
this behalf; and
(b) any bona fide customer
(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 Rs. 500.
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 three months
or with fine no exceeding Rs. 1000 or both.
33. Obstructing lawful authorities:- If any person willfully obstructs or offers
any resistance to, or otherwise interferes with 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 in
pursuance of this Act or the rules made thereunder, he shall be liable to
punishment with imprisonment which may extend to three months or with
fine not exceeding Rs 100 or with both.
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 code or criminal procedure, 1973, all offences
under this Act shall be triable summarily.
35. Special rule of evidence:- Notwithstanding anything contained in the Indian
Evidence Act, 1872, when any complain under this Act is made in writing by
an person to the prescribed authority, it may b admitted in evidence and the
examination of the complainant shall not be obligatory in any trial by a
Judicial Magistrate, if such person cannot be found or is incapable 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 attendance
of witnesses and other persons:- the prescribed authority shall have all the
powers of a Civil Court under Rules for administration ofjustice and police
in Nagaland 1973, and in the spirit of the Code of Civil Procedure, 1908 while
trying a suit in respect the following matters, namely:-
(1) Summoning and enforcing attendance of the complaint of 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 mot0 any person whose evidence
appears to be material.
Explanation:- For purposes of enforcing attendance of witness any 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:
(1) The prescribed authority may accept from any person accused of an
offence under this Act a sum of money not exceeding five thousand
rupee, by way or composition for such offence and may out of the
money so received compensate the person against whom the offence has
been committed to the extend the prescribed authority deems
reasonable.
(2) On the conlposition of the offence, no further proceeding in respect
thereof shall be talcen against the accused and if any proceeding has
already been instituted against him in any court, the composition shall
have the effect ofacquittal
PART VII
MISCELLANEOUS
39. Notification of Changes
(1 ) Whenever a business for which a certificate of registration s held by a
person devolves by inheritance or otherwise upon any other person or
undergoes a change in respect of any particulars 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
(2) The prescribed authority shall make necessary changes in the register
maintained for the propose and in the certificate or registration.
(3) Notwithstanding anything contained in sub-section (2 ) , the prescribed
authority may remove from the register the mane of the person in whose
favour the certificate was issued an 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 or 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
Gazette or any publication prescribed in the behalfreturn 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 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 in it 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.
43. Publication of list of person removed from the register:- The prescribed
authority shall from time to time, publish in the Gazette or two newspapers
and in such other manner as it deems 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 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.
45. Fixation of rates for other services:- The prescribed authority inay by a
notification the Gazette or two newspapers fix the reasonable maximum
rates which may be charged for hiring of, automobiles, tourist coach 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 to persons doing the business in a tourist area of letting or
plying for hire boats automobile vehicles, or to such other persons as may be
specified in the notification.
47. Power 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 otherwise destroy or cause
any damage to any sign board situated within a tourist area.
(2) Whoever contravenes any of the provisions of sub-section (1) 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 prescribed authority in the exercise of his lawful authority.
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 power 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 of the Government to regulate the courses 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 institution or organisation other than those
affiliated to any of the Universities in the state and those recognised or
approved by Government.
51. Power to make rules-
( I ) the Government may, by notification in the 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:
(e) The manner of giving notices under this Act.
(e) Classification ofhotels and travel agents;
(f) Qualifications for registration as travel agents;
(f) 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 addressed of such dealer,
hotel and travel agent;
(i) The place where the prescribed authority shall hold inquiry 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.
Every rule made under this section shall be laid as soon as may be after it
is made before the Legislative Assembly while it is in session for a total
period of fourteen days which may be comprised in one session or in two
successive sessions and if before the expiry of the session in which it is
so laid or the session immediately following, the Legislative Assembly
makes any modification in the rule or decides that the rule should not be
made the rule shall thereafter have effect only in such modified form for
be of no effect, as the case may be, so however that any such
modification or annulment shall be without prejudice to the validity of
any thing previously done under that rule.