THE RAJASTHAN TOURISM TRADE (FACILITATION AND REGULATION) ACT, 2010

1 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 Gazette 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 for 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 make 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 includes auto rickshaws and rickshaws) or any other elements who unduly harass or annoy the tourists so as to solicit and obtain undue pecuniary gain; 2 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 statistical 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 places and areas which 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 anything 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; 3 (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 etc.) 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; 4 (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 Corporation, 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 include 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, transportation, 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; 5 (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 established 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 would 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 6 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, travel 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 providers 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. 7 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. temporary 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 operator" 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 8 by service providers to the tourists are of acceptable standard, 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 norms 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 norms 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 recognition.-(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 and 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 recognition 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 9 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 service 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 recognition 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 10 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 State 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 prescribed 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 prescribed 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:- 11 (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 licence 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) shall 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, 12 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 regulating such services with the object of providing quality facilities and services to the tourists and to the local populace as also to ensure safety and good health of people using such services and for that purpose such regulations may include norms, standards, 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, licensing 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; 13 (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 disposal 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 paying 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 shall undertake film shootings in places or locations specified under clause (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) of section 11 or makes default and commits irregularities in violation of provisions of regulations made thereunder; 14 (b) by acts of omissions and commission or by negligence defaces, defiles, destroys, or damages, anything which is subject to restoration at any 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, lakes, 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 restoration after consulting the Public 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 film 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 or omissions or commissions are likely to cause or bound to cause damage to the sites, premises, locations 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 three 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- 15 clause (g) of clause (ii)of sub- section (1) of section 11; or (ii) contravenes the provisions 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 three 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 activities 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, having 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. 16 (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 after 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 their 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. 17 (8) Whenever any person or group of persons 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, having 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 18 Duties of local authorities towards public health and 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 maintain 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 roads, 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 the 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 and 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, recognized 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 19 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 said 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 his 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 imprisonment 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 20 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 after 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 Magistrate 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. 21 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 formulate 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 thereof, 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 maintenance 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 liquid 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 22 imprisonment for a term which may extend to three months or with a fine which may extend 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 entrepreneurs 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 offered 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. 23 (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 imposition 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 shall, on conviction, be punished with simple imprisonment for a term which may extend to two months or with fine or with both. 23. Punishment for malpractice or other contravention.- Whoever commits any malpractices in a tourist area or contravenes any of the provisions of this Act for which no specific penalty has been provided under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both. 24. Punishment for persistent contravention, violation or default.- Any person who commits further contravention or violation of any of the provisions of this Act even after the imposition of penalties and infliction of punishment specified under various sections under this Chapter shall, on conviction, be sentenced to such term of simple imprisonment which may extend to three months. 25. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding whatsoever shall lie against the State Government, or any functionary of the State Government or the Tourist Assistance Force personnel exercising powers under this Act or any person in respect of anything which is in good faith done or intended to done under this Act, or the rules, regulations or scheme framed thereunder. 26. Cognizance of offences by courts.- No court shall take cognizance of any offence punishable under Chapters II, IV,V, VII, and XII of this Act save on the complaint made by or under the authority of the State Government or the prescribed authority. 24 27. Offences by companies. – (1) Where any contravention of any of the provisions of this Act is made by a company, every person who, at the time when the contravention was made, was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,- (a) “company” means, any body corporate, and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm. 28. Powers of the prescribed authority to summon and enforce attendance of witnesses and other persons.- (1) The prescribed authority shall have all the powers which are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) in respect of the following matters, namely:- (i) summoning and enforcing attendance of a person against whom inquiry is to be conducted and witnesses required in connection therewith; (ii) compelling the production of any document; and (iii) examining witnesses on oath. (2) In addition to that which is provided under sub-section (1), the prescribed authority shall have power to summon or examine suo motu any person whose evidence in his opinion appear to be material for reaching at a just conclusion in any matter being inquired into by him. 25 (3) For the purpose of enforcing the attendance to witnesses and other persons referred above, the local limits of jurisdiction of the prescribed authority shall extend to whole of the State. 29. Act to over ride other laws.- Save as otherwise provided under this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Rajasthan law for the time being in force or any custom or usage or instrument having effect by virtue of any such law. 30. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, do anything, not in consistent with the provisions of this Act, which appears to it to be necessary or expedient for removal of difficulty: Provided that no order under this section shall the made after expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is so made, before the House of the State Legislature. 31. Power to make rules.- (1) The State Government may, by notification published in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than 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 of the sessions immediately following, the House of the State Legislature makes any modification in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or 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 anything previously done thereunder. 32. Repeal and savings.- As from the commencement of this Act,- (i) any rules, orders and schemes made or framed in exercise of the executive power by the State Government which are inconsistent with the provisions of this Act, save as expressly provided 26 in this Act, shall stand repealed and on such repeal, provisions of section 6 of the Rajasthan General Clauses Act,1955 (Act No. 8 of 1955) shall apply as if the rules, orders and schemes so repealed were provisions of a Rajasthan Act; (ii) all rules, orders, schemes made or framed in exercise of the executive power by the State Government on the subject matter covered by this Act and in force immediately before the commencement of this Act which are consistent with the provisions of this Act, shall be deemed to have been made under and in accordance with the provisions of this Act, until they are superseded by any new rules, order or scheme made under this Act. 27 SCHEDULE (Sub-section (7) of section 4) Categories of service providers Amount of penalty which may be imposed for non- adherence to standard 1.Hotel (a) having up to 40 rooms Rupees 10,000/- (b) having more than 40 rooms Rupees 20,000/- 2. Motel Rupees 10,000/- 3. Heritage Hotel (a) basic Rupees 10,000/- (b) classic and grant Rupees 20,000/- 4. Tour operator or Travel Agency Rupees 20,000/- 5. Excursion Agent or Elephant, Horse Camel Safari Operator Rupees 15,000/- 6. Restaurant or Cafeteria Rupees 5,000/- 7. Handicraft Emporia Rupees 25,000/- 8. Tourist Village Operator Rupees 10,000/- 9. Ropeway Service Provider Rupees 25,000/- 10. Amusement Park Operator Rupees 25,000/- 11. (a) Government of India approved Guide Rupees 10,000/- (b) State Level Guide Rupees 5,000/- (c) Local Level Guide Rupees 5,000/- 12. Any other service providers Rupees 5,000/- Note :- The above penalty is for first offence. For second offence the 28 amount of penalty shall be doubled. For other subsequent offence the licences of operation shall be forfeited . Government of Rajasthan Department of Tourism No. F8 (42) Trade/DT/09/ 3126 Jaipur, Dated: 14-02- 2011 Notification In exercise of the powers conferred under section 31 of the Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010 (Act No. 9 of 2010), the State Government hereby makes the following rules, namely:- CHAPTER-I Preliminary 1. Short title, extent and commencement.- (1) These rules may be called the Rajasthan Tourism Trade (Facilitation and Regulation) Rules, 2010. (2) They shall extend to whole of the State. (3) They shall come into force at once except Chapter-II which shall come into operation upon publication of a scheme setting out standard and norms for recognition and registration of service providers under sub-section (2) of section 3 of the Act. 2. Definitions.- (1) In these rules, unless there is anything repugnant in the subject or context,- (a) "Act" means the Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010 (Act No. 9 of 2010); (b) "Appendix" means the appendix appended to these rules; and (c) "Form" means the form appended to these rules. (2) The words and expression used but not defined in these rules and defined in the Act shall have the same meanings as assigned to them in the Act. CHAPTER-II 29 Recognition and registration of service providers 3. Recognition and registration- (1) Any service provider operating or intending to operate as a service provider in the State, if desire to have itself/ himself recognized by the Department of Tourism of the State, may apply to the prescribed authority in the manner and in the form provided in the scheme framed under section 3 of the Act for recognition and registration of tourism service providers. (2) When the application for recognition and registration is allowed, and the prescribed authority decides to register and recognize the said service provider, the particulars of such service provider shall be recorded in a register maintained for the purpose in Form 'A' and issue him a certificate of registration cum recognition in Form 'B'. (3) Before any certificate of registration cum recognition is issued to any service provider, the service provider shall pay a registration fee as specified in Appendix 'A' CHAPTER-III Licensing of Guides 4. Inviting of applications for training.- (1) After determination of number of Guides by the State Government under sub-section (1) of section 8 of the Act, the Commissioner may invite applications in Form 'C' from persons to be admitted to training before such persons are licensed as Guides. (2) The advertisement seeking applications shall be published in the news paper having wide circulation in the State as well as posted on the website of the Department of Tourism on the internet inter alia containing minimum qualifications required for local level and State Level Guides distinctly as also fee to be charged for training, if found suitable for training. (3) All applications received by the Commissioner by the last date notified in the advertisement shall be scrutinized and list of candidate found eligible shall be declared and displayed on the notice board of the concerned prescribed authorities and communicated individually by post to all the candidates found suitable for training. (4) The training for the Local Level Guides shall be arranged locally by the concerned prescribed authorities and the training for the State Level Guides shall be arranged at Jaipur under the over all control and superintendence of the Additional Director, 30 Department of Tourism who shall also be the prescribed authority as defined in clause (o) of section 2 of the Act for the purpose of licensing of State Level Guides. 5. Educational qualifications for Guides.- (1) Any person desiring to be trained and licensed as a Guide must possess the following minimum academic qualifications, namely :- (i) For State Level Guide - The candidate must be a graduate from any University established by law in India or must possess three year's diploma course in Tourism from any University established by law in India or any institute approved for the purpose by the State Government; (ii) For Local Level Guides - The candidate must have passed higher secondary examination or 10+2 examination from a Board of Secondary Education established by law in India. (2) Weightage for selection for training and grant of license shall be given to those,- (i) having knowledge of regional languages of India as also of foreign languages other than English language; (A Screening by written test as to proficiency in the language shall be conducted for the purpose). (ii) having knowledge of pasts (i.e. history) heritage (involving tradition, art and culture) of Rajasthan with reference to prominent monuments and heritage sites situated in the State in the case of State Level Guide and similar knowledge regarding district/region/circuit in case of Local Level Guides. 6. Age for licensing of Guides.- (1) The minimum age of a person seeking license as a Guide must not be less than 21 years and more than 45 years on the 1st day of the month of April of the year during which applications for licensing of Guides are called for: 31 Provided that the Commissioner may afford relaxation in the matter of maximum age and educational qualification as also from undergoing training in case of,- (a) Retired Gazetted officers of Department of Tourism; (b) Retired Non-Gazetted officials of Department of Tourism; or (c) Retired members of armed forces of India:, where he is satisfied that the incumbent seeking license has sufficient experience for Guiding the Tourists and is fit to take assignments as a Guide and needs to be licensed for the purpose. Provided further that persons falling under clause (a) of preceding proviso shall be eligible for relaxation for a license as a State Level Guide and those falling under clause (b) and (c) thereof shall be eligible for Local Level Guide who may be required to be imparted short training before issuing them licenses. Provided also that relaxation shall be given to only those candidates who sought such relaxation within two years from the date of his retirement. (2) No relaxation in educational qualification or age shall be made except as stated in provisos to sub-rule (1). 7. Syllabus, training and procedure of selection for Local Level Guides.- (1) Whenever the candidates are selected for training as a Local Level Guide, the Department of Tourism shall impart them training and equip them with all the information and knowledge for the vocation of a Guide in accordance with the syllabus of training as specified in sub-rule (2). The training shall be imparted by such of the instructors and officers of the Department of Tourism or other departments of the State as the Commissioner may determine in this behalf. (2) The syllabus for training of Local Level Guides shall be as follows, namely:- Syllabus for Training of Local Level Guides 1. History of Rajasthan from Guiding training view (two lectures). 2. Over view of the various religions of India. 3. Art, culture and various tradition of the area Rajasthan (two lectures). 4. Fairs & festivals of the area Rajasthan as a whole. 5. Dance & Music of the area Rajasthan as a whole. 32 6. Wild life of Rajasthan, flora & fauna. 7. Youth tourism, Adventure tourism, Eco-tourism, Pilgrim tourism, Responsible tourism. (two lectures). 8. Transport facilities, hotels, cuisine. 9. How to be a good Guide (two lectures). 10. How to conduct sight seeing (three lectures). 11. Information on local monuments (four lectures). 12. Local Handicrafts, merits & demerits of taking tourists to emporia's for shopping. 13. Yoga & Meditation. 14. How to book, confirm air/rail/bus tickets. 15. How to draw up tour programme. 16. Basic manners, etiquette towards ladies, children & tourists on the whole. 17. Heritage Hotels & their contribution to Rajasthan tourism. 18. Architecture of Rajasthan, temple architecture (two lectures). 19. Visa, passport, foreign exchange formalities. 20. Important tourist destinations of Rajasthan (two lectures). (3) The training course for Local Level Guide shall be of four weeks duration. (4) During or at the completion of the training where it may appear to the Incharge of the training programme that certain candidates are deficient as to required knowledge and information with respect to particular field covered under the training course and when this fact is brought to the notice of Commissioner, and the Commissioner being of the opinion that required knowledge is essential for those candidates before taking up the vocation as a Guide and a further boosting of their knowledge will be an added advantage, in such a situation, the training programme may be extended by the Commissioner by a week or two in regard to such candidates. (5) Ordinarily, the training shall be imparted by the officers of the Department of Tourism but, where necessary, officers from other departments of the State may also be associated who may be having special knowledge in any particular specialized field of knowledge. Eminent educationists such as Professors, Lecturers and other Specialists, Experts from required field may also be invited for delivering lectures and imparting training to the trainee Guides. 33 (6) Where it may appear to the Commissioner that practical training or on the spot training is necessary for Local Level Guides, he may direct so before licensing these as a Local Level Guide. (7) A written test shall be conducted for all those candidates who have successfully completed their training for the vocation of a Local Level Guide and all those passing the said examination shall be subjected to interview by a Board consisting of the following :- 1. Dy. Director (Tourism). 2. Superintendent, Department of Archeology and Museums, Government of Rajasthan, incharge of the local area. 3. Nominee of Forest Department. 4. A representative of travel trade nominated by the Commissioner. 5. A representative of Institute of Hotel Management/Food craft Institute of the Region nominated by the Commissioner. The presence of any three members in the Board shall form the quorum. (8) The committee shall also took into the marks obtained in the written examination conducted after completion of training, in having over all assessment of the suitability of the candidate and prepare merit list of the candidates interviewed and recommend to the prescribed authority the exact number of the candidates required to be licensed as a Guide on the basis of merit list prepared by it taking into consideration the parameters of interview and other guiding principles as laid down is these rules. 8. Training and syllabus for State Level Guides.- (1) Where a candidate is selected for training for State Level Guide, the Department of Tourism shall impart training to them to equip them with knowledge and information for the vocation of a State Level Guide in accordance with the syllabus of training as specified in sub-rule (2). (2) The syllabus or training course for State Level Guide shall comprise the following namely :- SYLLABUS FOR STATE LEVEL GUIDE TRANING COURSE 1. History of India and the State. 2. Industrialization of the State's Technological achievements. 34 3. Five Year Plans of the State with special reference to tourism sector. 4. Religions of India. (a) Hindu (b) Islam (c) Christian (d) Sikh (e) Buddhist (f) Jain (g) Zoroastrian 5. Art, culture, tradition and way of life in the State. 6. Archaeology of the State. 7. Dances of the State. 8. Architecture of the State. 9. Music of the State. 10. Sculptural Heritage of the State. 11. Wild life of the State, Wild Life Sanctuaries & National Parks. 12. Flora and Fauna, Trekking. 13. Tourist Centers of the State. 14. Youth Tourism/Adventure Tourism in the State. 15. Handicrafts of the State. 16. Shopping in the State. 17. Working knowledge for India of items 7-17 above. 18. Development of Tourism. (a) Marketing (b) Promotion (c) Publicity (d) Public relations (e) Media relations (f) Hospitality (g) Information & Guiding Services 19. Surface Transportation in the State. (a) Indian Railways (b) Approved Tourist Transport Operators (c) Road Services (d) Tour operator's Association of India 20. Rajasthan Tourism Development Corporation/Rajasthan State Hotel Corporation Limited. 21. Cuisines of the State. 22. Yoga and Meditation 23. Hotel accommodation in the State. (a) Approved Hotels, Heritage Hotels (b) Classification of Hotels 35 (c) Traveller lodges (d) Forest lodges (e) Dharamshalas, guest houses & other accommodation 24. Travel agents, tour operators and excursion agents of the State. 25. How to draw up tour programmes/itineraries. 26. Practical Training about,- (i) the art of conducting sight-seeing; (ii) how to be a good Guide; and (iii) sight-seeing tours of selected places in the State. (3) The training shall be of eight weeks duration. (4) The training of State Level Guides may, besides class room lectures, encompass tour programme of important tourist destinations in the State where on the spot training will be imparted to the trainees by trainers, departmental officers, acting experienced Guides with special emphasis on important land marks, heritage sites including monuments as also on eco-tourism, wild life safari etc. which may be a practical training for trainees. (5) All expenses of outdoor training shall be borne by the trainees themselves. However, the Department of Tourism shall coordinate the tour for training to ensure economy in the matters of travel, boarding and lodging at various places and locations. (6) During the training of trainees for State Level Guides, lectures of persons of eminence in specific fields relevant to training shall also be arranged. Lectures of administrators, Professors, Readers, Lecturers, Experts in specialized fields relevant for tourism may also be arranged. (7) Group discussions may also be organized frequently to inculcate specific understanding among trainees and also to enable them to shun hesitation while having conversation with a group of persons. (8) A written examination shall be conducted at the end of the training and those passing the said examination successfully shall be subjected to interview by a Board consisting of the following, namely:- 1. Commissioner Department of Chairman of the Board Tourism or his nominee not below the rank of Additional Director, Department of Tourism 2. Director Archeology or his representative Member 36 3. Wild Life Warden or any other officer Member having knowledge of eco-tourism or wild life sanctuaries nominated by Principal Chief Conservator of Forests, Rajasthan 4. A representative of travel trade from the State Member nominated by the Commissioner Department. of Tourism, Rajasthan Presence of any three in the Board shall form quorum. (9) The Board while interviewing the candidates shall keep in view parameters as set out below: (a) personality of candidate Marks (which may include personal appearance) 10 (b) Quality of leadership in conducting group of 10 tourists (c) Fluency in expression 10 (including knowledge of foreign languages other than English language) (d) Knowledge of heritage 20 (which may comprise history, culture, tradition, monuments, forests, hills, hillock, water bodies, wild life, flora, fauna special land marks of a place of tourist interest etc.) Total marks 50 (10) The committee shall also consider the marks obtained in the written examination conducted after completion of training, in having over all assessment of the suitability of the candidate and prepare merit list of the candidates interviewed and recommend to the prescribed authority the exact number of the candidates required to be licensed as a Guide on the basis of merit list prepared by it taking into consideration the parameters of interview and other guiding principles as laid down is these rules. 37 9. Application for licensing as a Guide.- (1) On successful completion of training and passing of examination by the trainees, they shall be declared eligible to be licensed as Guides. (2) All those persons who are eligible to be licensed under sub-rule (1) may apply to the Additional Director (Administration and Development), Tourism Department, Rajasthan in Form C-I for State Level Guide license and to the concerned prescribed authority in Form C-II for a license for Local Level Guide. (3) After receipt of select list from the Board under and in accordance with rule 7 and rule 8 and on application in C-I and C- II, the prescribed authority shall issue certificate/identity card in Form D-I to State Level Guides and in D-II to Local Level Guides on payment of fee of Rs. 2000/- for State Level Guide License and Rs. 1000/- for Local Level Guide license. (4) The certificate and identity card issued under sub-rule (3), shall remain valid for a period of two years which shall be subject to renewal on payment of renewal fee of Rs. 2000/- for State Level Guide and Rs. 500/- for a Local Level Guide and the renewal shall be effective for next two years duration and shall be subject to further renewal. During the pendency of renewal, the prescribed authority shall issue a certificate in Form-D-III. (5) (i) Every State Level Guide shall communicate to the Tourist Reception Centre/Tourist Information Bureau and the concerned prescribed authority his principal place and contact number on telephone (including mobile phone) and shall also inform about his activities to the local tourist information centre in the State wherever he operates. Any change in the address and telephone number shall be communicated to the concerned authorities and officers of the Department of Tourism, Rajasthan. (ii) Any failure on the part of the State level Guide to comply with the aforesaid condition shall make him liable for cancellation of his certificate and identity card: Provided that before ordering for cancellation of certificate and identity card for such a lapse, the prescribed authority shall afford opportunity of being heard to the concerned Guide and where the explanation offered by him appear to be satisfactory, he may not take the purported action. (6) All certificates or identity cards issued by the Department of Tourism to persons as State Level Guide or as Local Level Guides before the commencement of these rules shall hold good and remain valid and shall be deemed to have been issued under these rules and shall, however, be subject to renewal as per these rules 38 and all such Guides shall, from the date of commencement of these rules, be governed by the provisions of these rules. (7) The prescribed authority may issue certificate and identity card for acting as a Guide to retired officers of Department of Tourism without formal training and written examination as per provisions of these rules, in case the Commissioner recommends the suitability of such officer on the basis of his service record and experience gained during service tenure in the Department of Tourism and the prescribed authority is satisfied that he is fit for the vocation of a Guide. 10. General conditions for all Guides.- The general conditions for all Guides are as under:- (i) All those persons who are in regular employment or in any part time employment shall not eligible for training as a Guide or for seeking certificate or license to act as a Guide in the State: Provided that a person under employment, may be allowed to join the training programme if he produces no objection certificate from his employer and executes a declaration on non-judicial stamp duly attested by a Magistrate or a Notary Public that he may quit the service before he applies for certificate or license as a Guide. (ii) Any Local Level Guide or State Level Guide if joins any regular employment anywhere or starts his own vocation at any time, shall inform the prescribed authority and surrender to him the certificate or license and identity card. (iii) All Guides licensed or deemed to be licensed under these rules shall constantly remain in contact with the concerned Tourist Information Centre or other concerned officers of the Department of Tourism at various tourist destinations in the State so as to facilitate guiding assignments. (iv) Guides licensed or permitted to act as Guide in any local area or throughout the State shall remain in constant touch with the various tourism service providers such as Managers of 39 hotels/motels, tour operators, safari organizers etc. for seeking guiding assignments, directly. (v) Each and every Guide licensed by the prescribed authority under these rules will strictly follow the provisions of the Act and these rules and all other laws including regulations and schemes framed from time to time by the State Government or the Commissioner under the provisions of the Act or these rules and under any other law by any authority competent to do so. (vi) In addition to the provisions of these rules, the Guides shall follow the directions as to good conduct and practice connected with the vocation of guides which are not inconsistent or repugnant to these rules. (vii) Any violation of the provisions of the Act and these rules may be deemed to be a misconduct or malpractice within the meaning of the Act and these rules and shall be dealt with accordingly besides cancellation of certificate or identity card of the Guide. (viii) Any change in address or taking up employment or starting own vocation shall be promptly communicated by the Guide to the prescribed authority not later than 30 days from the date when the change took place and non- compliance of this provision will be deemed as a malpractice within the meaning of provisions of the Act and shall be punishable accordingly besides making such Guide liable for cancellation of his certificate/license and identity card. (ix) The Guides shall carry with him/her the identity card issued to him/her by the Department of Tourism and also wear the name tag while accompanying tourists. (x) The Guide shall not transfer, in any way his/her identity card or any other document which may have been issued to him/her by the Department of Tourism to any other person. Any violation of this condition will make him/her liable for cancellation of certificate and withdrawal of the Identity card granted to him/her. 40 (xi) In case of loss or damage to the identity card, the Guide will immediately inform the concerned Tourism office and the nearest police station. He shall apply afresh for the duplicate identity card on the basis of first information report and statement that the card has been lost. The Guide will be responsible for the safe custody of the identity card. (xii) The Guide shall show on demand his/her identity card or any other document issued by the Department of Tourism to the officer In Charge of Archaeological Monument or to the officials of Central/ State Government Tourism Departments/ Archeological Survey of India. (xiii) The Guide will not solicit tips or testimonials from tourists. In cas where the foreign travel agent of his own accord includes gratuity for the Guide in payment, the Guide will be entitled for gratuity in addition to his prescribed fees. The Guide will not solicit any kind of testimonials or valuable material or otherwise such as free passage overseas, scholarships or subscriptions for any religious organizations etc. for himself/ herself or any other person in his/her family dependant on him/ her. (xiv) The approved Guide shall dress in a presentable manner to uphold the identity and honor of the profession to which he/she belongs and of the country. The Guide shall preferably wear Jodhpuri suite in winter and white safari in summer. The ladies shall wear Salwar Kameez or Sarees. (xv) The Guide shall charge prescribed fees only at the rates fixed by the Department of Tourism, Government of Rajasthan and shall not accept either higher or lower fees. While on duty the Guide shall always carry a copy of the schedule of charges testified and approved by the Department of Tourism, Government of Rajasthan. (xvi) The Guide shall not canvass business of any kind on behalf of the business house, travel agents, excursion agents, hoteliers, paying guest house, shopkeepers, transport operators, etc. nor 41 he would accept commission from them or indulge in any other unethical practices. (xvii) The Guide shall not enter into any other business arrangements with any of the establishments either by way of partnership or on commission basis. (xviii) The Guide shall ensure that the tourists are made aware of the shopping at establishments/ shops approved or registered and recognized as service providers by the Department of Tourism, Industries Department, Government of Rajasthan in preference to unapproved shops, establishments. (xix) The Guide shall not refuse without valid reasons any assignment given to him/her by the Tourist Office of the State Government or other agencies such as travel agents/ tour operators/ excursion agents/ hoteliers etc. (xx) The Guide shall maintain a good conduct and a courteous behavior towards tourists or officials with whom he /she comes in contact during the course of his/her assignment. (xxi) The Guide shall not act as a driver for the vehicle while guiding. (xxii) The Guide shall be liable to following penalties in case of late arrival while on call :- (a) First late arrival warning in writing. (b) Second late arrival deduction of 25% fees. (c) Third late arrival, for disqualification one month when it is within a period six months. (d) Total absence-disqualification for three months. Note: The above penalties will apply to a Guide who after having accepted an assignment does not report for duty at all except in such cases where late arrival, absence was due to circumstances beyond his/ her control. In such cases if the prescribed authority/ Tourism officer concerned is not 42 satisfied with the explanation given by the Guide, he /she will be fully empowered to recommend withdraw all of certificate and the identity card and name tag issued to him. Complaints regarding habitual late arrivals for assignment etc. will be viewed seriously and can lead to cancellation/ withdrawal of license and identify card. (xxiii) The Guide shall accept all assignments including those for Free Individual Tourist’s, groups etc. These shall be accepted as per the rules and on prescribed fee. (xxiv) The Guide shall submit a quarterly statement indicating the number of assignment handled including handling of VIP’s, groups, Free Individual Tourist’s in Form 'E' to the Tourist Reception Centre/Tourist Information Bureau of Department of Tourism. Non submission of this statement shall be viewed seriously and can lead to cancellation/withdrawal of license and identity card. (xxv) An approved Guide shall be compulsorily required to attend any short term training refresher courses that may be organized by the Department of Tourism, Government of Rajasthan from time to time. (xxvi) The Guide shall be required to submit a fitness certificate issued by Medical Jurist on entry into the profession and thereafter every 2 years to the Department of Tourism, Government of Rajasthan. (xxvii) Absence of more than a month from guiding profession must be reported to the concerned Tourism officer in writing by the Guide. (xxviii) The Guide shall report to the Department of Tourism, Government of Rajasthan in the event of his trips abroad for a period exceeding three weeks. (xxix) The identity card of a Guide who is arrested by the police for offence or misconduct involving moral turpitude shall be withdrawn during the pendency of the case against him/her. In the 43 event of his/her conviction by a court of law the identity card shall be cancelled. (xxx) The Guide shall be responsible to warn foreign tourists against taking photographs of places which are prohibited by law or which may reflect adversely on the country’s image. (xxxi) Any representation of the Guide shall first be submitted to the Tourism officer concerned. Such representation will be addressed to the Commissioner. In case of any dispute the decision of the Commissioner shall be final. (xxxii) The Guide shall retire on attaining the age of 65 years and the identity card issued to him/her shall have to be surrendered to the Department of Tourism, Government of Rajasthan. However, an exemption can be granted by the prescribed authority after approval of the Commissioner up to three years after a personal interview of the Guide and on producing a fitness certificate issued by a Medical Jurist. (xxxiii) The Local Level Guide shall accept assignments only for the District or specific area for which the certificate/identity card has been granted by the Department of Tourism, Government of Rajasthan. He will be entitled to accompany tour groups as per his/ her identity card on payment /fees by travel agents to be mutually negotiated. (xxxiv) If a Guide remains absent from active guiding service for a period exceeding 2 years due to reason of health, absence from country etc. he /she shall be deemed to have left the profession and in that event the identity card issued to him shall stand cancelled. However, in case a Guide wishes to rejoin the profession after the absence of two years, he /she will have to undergo a training programme (refresher course) to be conducted by the Department of Tourism, Government of Rajasthan every year. (xxxv) The Guide shall abide by the existing rules and any other rules or regulations and conditions that may be framed from time to time by the Department of Tourism and the Archaeological Survey of India, Department of Archaeology & 44 Museum, Government of Rajasthan, Forest Department failing which the identity card issued to him/her shall be withdrawn. 11. Fees to be charged by Guides from tourists/clients.- (1) The fee to be charged from tourists for guiding them at places of tourist's interest or at tourist destinations as a package shall be such as may be determined by the State Government from time to time by any general or special order. (2) The existing rates of fee as in existence are shown in Appendix 'B' appended to these rules. CHAPTER-IV Maintenance of daily diary by Tourist Assistance Force 12. Maintenance of Daily diary by Tourist Assistance Force personnel.- The Tourist Assistance Force personnel shall maintain daily diary for the purposes of sub-section (7) and sub- section (8) of section 13 of the Act in Form 'G' appended to these rules. CHAPTER-V Furnishing of Statistical data 13. Furnishing of Statistical data by service providers.- (1) All service providers whether recognized and registered under the Act or not as also all Managers/Incharges/Keepers of Hotels, Dharamshalas, Sarais, Musafirkhanas, Paying Guest Houses and others who provide accommodation to tourists for consideration and where services are rendered to tourists and entries are made or required to be made in the registers maintained for the purpose and shall furnish statistical information to the Commissioner through Tourist Reception Centre/Tourist Information Bureau in Form F, F-I, F-II and F-III respectively whichever may be applicable to the service provider concerned. (2) The statistical data or information sought under sub-rule (1) shall be supplied monthly and must reach at the office of Incharge of Tourist Reception Centre/Tourist Information Bureau by 7th day of each month. (3) Besides Statistics to be supplied by various service providers under sub-rule (1), the Superintendent of Police of each and every 45 District in the State shall also supply to the Commissioner, the statistics relating to foreign tourists in Form F-Iv periodically as sought by him. (4) On the basis of the data or information to be supplied by various service providers and the Police under sub-rule (2) and (3), the Tourist Reception Centers and Tourist Information Bureau shall supply Monthly Report of Tourist Arrivals to the Commissioner, Department of Tourism in Form F, F-II and F-III. 14. Transmission of data electronically as well.– (1) The data under this Chapter may be transmitted and acknowledged electronically also, whenever the State Government may, by notification in official Gazette, provide that the provisions contained in the Information Technology Act, 2000 (Central Act No. 21 of 2000) and rules made and directions given thereunder, including provisions relating to digital signatures, electronic governance, attribution, acknowledgement and dispatch of electronic data or record and securing of such data, record or digital signature certificates as are specified in the said notification, shall in so for as feasible, apply to the communication, acknowledgement of data and procedures under this chapter. (2) Where any notice, communication or intimation is prepared on automated data processing system and is properly dispatched or served electronically on any person or authority, then such information, communication or intimation or data when served or transmitted shall not be required to be personally signed and delivered by any person or authority and said communication shall not be deemed to be invalid only on the ground that it is not signed or delivered in person. 15. Repeal and Savings.- The rules or orders, instructions, Guidelines relating to licensing of Guides as in force before the commencement of these rules and orders regulating the collection of statistical data from service providers are hereby repealed and abrogated: Provided that all licenses or certificates or identity cards issued to Guides under the rules orders/instructions, so repealed, shall be valid if not inconsistent with these rules and shall be renewable in accordance with the provisions of these rules: Provided further that the State Government may relax at the stage of renewal, in public interest, the norms of educational 46 qualifications in the case of existing experienced Guides who stand already approved and licensed as Guides before the commencement of these rules. 47 Form 'A' [See rule 3(2)] S. No. Name of Service Provider Category of service provider Number and date of Registration 1 2 3 4 Whether Proprietor Ship/Partner Ship/Private Ltd. Company/Public Limited Company Director etc. with details of partners/ Person Incharge or person responsible for running the firm or body corporate Types of services provided to Tourists 5 6 7 Deficiencies or violations of Standards or norms (as set out under the…. scheme .......), if any, found upon periodical inspection. The deficiency is clearly to be noted category wise-whether the same is minimal, graver or gravest as per scheme fixing the standard. Complaints, if any, about malpractice received and how dealt with along with final out come thereof. Penal action, if any, taken for contravention of norms and standard, (with details thereof and no. & date of such order) 8 9 10 Other information Remarks 11 12 48 Form 'B' [See rule 3(2)] Government of Rajasthan Department of Tourism No. F-8 (42) Trade/DT/09/ Jaipur Dated: Certificate of Registration cum Recognition It is Certified that M/s …………………………………………………… ……………………………………. is a Registered Tourism service provider with the Department of Tourism Government of Rajasthan and the Department of Tourism, Rajasthan hereby recognizes it as a Tourism service provider of acceptable standard in the category of …………………………… at …………(place) as per standard and norms fixed for such service providers under the ………………………scheme…………….. framed and published under sub section (2) of section 3 of the Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010 (Act No. 9 of 2010). Prescribed Authority Affix recent pass port 49 size photograph Form 'C' [See rule 4 (1)] Application for admission to training as a Guide 1. Name of the applicant.- …………………………………………… 2. Father's Name ……………………………………………………. 3. Whether belongs to SC/ST/BC/SBC/EBC (state caste) 4. Educational Qualification …………………………………………. …………………………………………… 5. Date of Birth ………………………………………………………. 6. Whether wants to be trained as State Level Guide or Guide for a local area. (specify the area). 7. Whether has working knowledge of any foreign language other than English Language (mention the language with certificate or diploma or Degree, if any, obtained and attach copies thereof). …………………………………………………….. 8. Other information which the applicant wish to give in support of his suitability for the vocation as a Guide. (Signature) Postal Address (with PIN code) 50 Affix recent pass port size photograph Form 'C-I' [See rule 9 (2)] Application for Grant of License as a State Level Guide 1. Name of applicant.- …………………………………………… 2. Father's Name ……………………………………………………. 3. Educational Qualification and date of passing the training with rank in merit in select list (attach proof ) …………………………………….. 4. State the Regional Language of India as also foreign Language other than English Language in which the applicant is proficient, (attach copies of certificate/diploma/degree, if any awarded by any university or institute established by law in India or recognized as such by the State Government.) …………………………………………………………. 5. Date of Birth ………………………………………………………. 6. Any other information which the applicant wish to give in support of his suitability for a vocation as a Guide. Date : (Signature) Place. Full Postal Address 51 Affix recent pass port size photograph Form 'C-II' [See rule 9 (2)] Application for Grant of License as a Local Guide 1. Name of applicant.- …………………………………………… 2. Father's Name ……………………………………………………. 3. Educational Qualification and date of passing the training with rank in merit in the select list (attach proof of educational qualification and passing the training) ……………………………….. 4. Date of Birth ………………………………………………………. 5. State the Regional Language of India as also foreign Language other than English in which the applicant is proficient (attach proof) ……………………………………………………………… ………. 6. Any other information which the applicant wish to give in support of his suitability for a vocation as a Guide. 7. Mention the Local Area (District, City, Town/Circuit/Region) for which the License is required for acting as a Guide. Date : (Signature) Place. Full Postal Address 52 Form 'D-I' [See rule 9 (3)] Identity card of State Level Guide (1) I. D. Card No. ………. Signature of the holder ………………. Signature of the Prescribed Authority with official seal (2) (3) Certified that Shri……………………… Area of Operation : RAJASTHAN S/o. Shri ……………………………….. ……………………………………… Resident of …………………………….. …………………………………………… Signature of Prescribed Authority Whose photograph is given on page 1 is a Guide approved by the Government of Rajasthan, Department of Tourism, Subject to the conditions on page 4. 53 The validity of this identity card expires on ……………………. unless renewed. This identity card is liable to be suspended or cancelled at any time before the date of its expiry by the Department of Tourism, Government of Rajasthan as per provisions of Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010 (Act No. 9 of 2010) and Rules made there under. This Guide is to be allowed ---- entry into all monuments and places including Forests under the control of State and all places under the control of Local Authorities and public bodies/instrumentalities of the State. [See sub-section (2) of section 8 of Rajasthan and Tourism Trade (Facilitation and Regulation) Act, 2010 (4) (5) 1. The Guide will carry this identity card This identity card is hereby renewed upto issued to him and also wear the armband/badge provided by the Department of Tourism while ………………………………………… accompanying tourists. 2. He will charge Guide fees only at the rates fixed by the Department of Tourism. He will also carry a copy of the schedule of charges as determined by the State Government under the Rajasthan Tourism Trade (Facilitation and Regulation) Rules, 2010. Signature of Prescribed Authority with official seal ___________________________________ 3. He will not lend his identity card to any one. This identity card is hereby renewed upto 4. He will not solicit tips or other material ……………………………………………. gains from tourists or others. 5. He will show this identity card or other documents issued by the prescribed authority, Department of Tourism to the officers in-charge of monuments and archaeological buildings or the Forest Department/Local authority or to the persons to be Guided by him on 54 demand. Signature of Prescribed Authority with official seal 55 Form 'D-II' [See rule 9 (3)] Identity card Local Level Guide (1) I. D. Card No. ………. Signature of the holder ………………. Signature of the Prescribed Authority (2) (3) Certified that Shri……………………… Area of Operation District, Town, City, S/o. Shri ……………………………….. Circuit (area of operation to be specified clearly) Resident of …………………………….. …………………………………………… Signature of Prescribed Authority Whose photograph is given on page 1 is a Guide approved and Licensed by the Government of Rajasthan, Department of Tourism, Subject to the conditions on page 4 The validity of this identity card expires on ……………………. unless renewed. This identity card is liable to be suspended or cancelled at any time before the date of its expiry by the Department of Tourism, Government of Rajasthan as per provisions of Rajasthan Tourism Trade (Facilitation and 56 Regulation) Act, 2010 (Act No. 9 of 2010) and Rules made there under. This Guide is to be allowed entry into all monuments and places, forests including Forests under control of State and all places u