Department of Tourism, Jammu and Kashmir

J&K Registration of Tourist Trade Act and Rules

J&K Registration of Tourist Trade Act 

 

The Jammu & Kashmir

Registration of Tourist Trade Act 1978

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Part I

Preliminary

 1. Short title, extent and commencement
    (1) This Act may be called the Jammu and Kashmir Registration of Tourist Trade Act 1978.
    (2) It shall extend to the whole of the State of Jammu and Kashmir
    (3) It shall come into force on such date as the Government may by notification in the Govt Gazette, appoint
  2. Definitions
  In this Act unless the context otherwise requires
a) “Black- list” means a list maintained and exhibited by Tourism Deptt for dealers, hotel keepers and travel agents who have been blacklisted under the provisions of this Act.
b) “Boat” means houseboat, donga boat, shikara, motorboat, motor launch, paddle boat, sailing boat, canoe and bathing boat
(b-1) „camp hotel‟ means a hotel providing boarding and lodging facilities in a tent at specified patch of land in a tourist area ;*
(b-2) camping site‟ means a specified patch of land in a tourist area where the tentage facilities on prescribed rentals are available or, the tourists and visitors are allowed to pitch their own tents against charges payable to the prescribed authority ; *
c) “ Certificate of registration “means a certificate under this Act
d) “Dealer” means a person carrying on in a tourist area the business of selling any notified article whether whole sale or retail and includes his agent or employee transacting business on his behalf.
(d-1) ”Excursion agent” means a person engaged in or engaging himself in arranging excursions, tours or picnics for a tourist or tourists.
Explanation: For purpose of this clause excursion agent shall include a house boat owner, whose houseboat is registered under this Act who may continue to engage himself as an excursion agent without a separate registration as such.
(d-2) Guide” means a person who engages himself as a ski, mountain, rafting, trekking or heritage guide, or functions as a paid guide for tourists ;*
Provided that no person shall be eligible to be registered as a guide unless he posses such qualifications as may be prescribed.
Provided further that notwithstanding any prescribed qualifications the persons who were working as guides before the commencement of this act shall ipso facto be registered as such guides
e) “hotel” means any premises or part of premises including** houseboat, restaurant, dhaba, “bar, guest house, tourist lodge, camp hotel or a tent” * where lodging with or without board or any kind of eatables or beverages is provided for a monetary consideration.
f) “hotel keeper” means any person who owns or operates a hotel as proprietor and includes a person managing or operating the affairs of a hotel for and on behalf of the proprietor.
g) “malpractice” includes dishonesty, cheating, touting, impersonation, obstruction in allowing free choice for shopping or stay or travel management, charging a price higher than that displayed on the label or remuneration higher than that fixed under this Act, failure to display price label on the article, failure to give cash menu and willful failure to execute an order within the stipulated time or according to the terms agreed.
Explanation 1. For purpose of this clause labeled price shall be the reasonable sale price of the notified article as reflected in the stock book of dealer /manufacturer maintained at their place of business which shall be open for inspection by the prescribed authority or any other authority empowered in this behalf..
Provide that incase of wholesalers dealing in notified article the labeled price may be recorded on only one article of an identical set of notified articles.
Provided further that the prescribed authority may not insist on the requirement of the stock book where it is satisfied that the dealer/manufacturer is a small dealer/manufacturer.
Provided also that where reasonability of the labeled price is in dispute the opinion of the Director Handicrafts, Jammu & Kashmir shall be final.
Explanation 2: The expression “touting” means enticing, misguiding or coercing for shopping, accommodation, transportation, sight seeing or pestering for any particular premises, person, establishment, dealer or manufacture with consideration of personal benefits.
h) “mooring ghat” means embankment of a river or a lake specially earmarked for purposes of mooring the boats;
i) “Mooring site” means a site where a set of boats may be allowed to moor;
j) “notified article” means any article notified by the Government in the Gazette for purposes of this Act;
k) “Part” means a part of this Act;
l) “Prescribed” means prescribed by rules made under this Act;
m) “prescribed authority “means the Commissioner of Tourism and such other authority as may be notified by the Government to be the Prescribed Authority for any tourist area or for any provisions of this Act;
n) “tourist area” means any area notified by the Government in the Government gazette to be tourist area for purposes of this Act;
o) “tourist” means a person or group of persons “visiting the State for pleasure, adventure, sports or pilgrimage” from any part of India or outside India;
p) “travel agent” means a person** engaged in the business of making travel, trekking, camping, tour operating or other arrangements for tourists for a monetary consideration;
Explanation: For purposes of clauses (g) and (p) the expression “travel arrangements” includes -
a. arrangements for transportation, sight-seeing;
b. arrangements for lodging with or without board; and
c. rendering other services such as assistance for game, sports or receipt or dispatch of personal belonging of a tourist.

 

Part II

Registration of Dealers
3. Registration
1) Every person intending to carry on business of a dealer under this Act shall before he commences such business apply for registration to the prescribed authority in the prescribed manner.
2) Notwithstanding anything contained in sub section (1) any person already carrying on business of selling any notified article in a tourist area on the date such article is notified under clause (j) of section 2 shall apply for registration under this Act within three months from the aforesaid date.
Provided that where before the commencement of Jammu and Kashmir Registration of Tourist Trade (Amendment) Act 1982, any person as aforesaid could not apply for registration within the time specified above , he shall so apply for registration within six months after such commencement.
Provided further that where any person as aforesaid has applied for registration within the period of three months from the date of issue of the first notification under clause (j) of section 2 and certificate of registration has been issued to him, such certificate of registration shall continue to be valid notwithstanding the rescission of the said notification but subject to other provisions of section 6 of this Act.
3) Every application made under sub section (1) shall be disposed of within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration.
4. Certificate of registration
The Prescribed authority shall unless registration is refused under section 5, direct that the name and the particulars of the dealer be entered in the register maintained for purpose and shall issue a certificate of registration to the dealer in the prescribed form within a period of three months from the date of receipt of the application.
5. Refusal to register
1. The Prescribed Authority may refuse registration a dealer under this Act on any of the following grounds namely:
a) if he is convicted of any offence under chapter XIII and XVII of the Ranbir Penal Code Svt 1989 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drug or corruption and six months have not elapsed since the termination of sentence imposed upon him.
b) if he has been declared an insolvent by a Court of competent jurisdiction and has not been discharged.
c) if his name has been removed from the register under clause (b) or clause (c) of section 6 and six months have not elapsed since the date of removal.
(2) No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard.
6. Removal of the name from the register
1. The Prescribed authority may by an order in writing remove the name of a dealer from the register and cancel his certificate of registration on any of the following grounds namely:
a) if he ceases to be a dealer;
b) if he is convicted of any offence under chapter XIII and XVII of the Ranbir Penal Code Svt 1989 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption;
c) if he is declared an insolvent by Court of competent jurisdiction and has not been discharged;
d) if any complaint of malpractice is received and proved against him;
e) if he is blacklisted by the prescribed authority.
7. Blacklisting of dealers
1. The Prescribed authority may, on proof of complaint of malpractice for any other offence committed under this Act, for reasons to be recorded, blacklist a dealer, after taking into consideration the nature of malpractice or the gravity of offence for such period which may extend to three years.*
2. The particulars of a dealer blacklisted shall be exhibited at conspicuous places in all tourist areas and notified to all travel, trade and other concerned organizations, foreign missions in India, Indian missions abroad and other important concerned channels after the order blacklisting him has become final.
3. The action taken under sub section (1) shall not protect such dealer from being prosecuted under the provisions of this Act.
4. If the prescribed authority is satisfied that there are sufficient grounds for removal of a dealer from the blacklist, he may after recording the reasons, order his removal from such list and issue a fresh certificate of registration on payment of prescribed fee and notify the same for the information of all concerned.
8. Notice of removal and black-listing of dealer.
Before removing the name of a dealer from the register under section for blacklisting him under section 6, the prescribed authority shall give notice to the dealer of the ground or grounds on which it is proposed to take action and hold an inquiry in the presence of the dealer giving him a reasonable opportunity of showing cause against it.

 

Part III

Registration of Hotels
9. Registration
1. Every person intending to operate a hotel in a tourist area shall before operating it apply for registration to the prescribed authority in the prescribed manner.
2. Not withstanding anything contained in sub section(1) any person already operating a hotel in a tourist area on the date the notification under clause (n) of section 2 is issued shall apply for registration within three months from the aforesaid date;
Provided that where before the commencement of Jammu and Kashmir Registration of Tourist Trade (Amendment) Act, 1982, any person as aforesaid could not apply for registration within the time specified above he shall so apply for registration within six months after such commencement.
3. Every application made under sub section (1) shall be disposed of within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration.
10. Certificate of registration
The Prescribed authority shall, unless registration is refused under section 11, direct that the name and the particulars of the hotel keeper be entered in the register maintained for purpose and shall issue a certificate of registration to the hotel keeper in the prescribed form .
11. Refusal to register
1. The Prescribed Authority may refuse registration of a hotel under this Act on any of the following grounds, namely:
a. if the hotel keeper is convicted of any offence under chapter XIII and XVII of the Ranbir Penal Code Svt 1989 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drug or corruption and six months have not elapsed since the termination of sentence imposed upon him;
b. if the hotel keeper has been declared an insolvent by a Court of competent jurisdiction and has not been discharged;
c. if the name of hotel keeper has been removed from the register under clause (b) or clause (c) of section 12 and six months have not elapsed since the date of removal;
d. if the hotel keeper does not hold a license or certificate required to be held by him under any law for the time being in force.
e. if in the opinion of the prescribed authority there is any sufficient ground to be recorded in writing for refusing registration.
2. No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard.
12. Removal of the name from the register
1. The Prescribed authority may by an order in writing remove the name of a hotel from the register and cancel its certificate of registration on any of the following grounds namely:
a. if the hotel keeper ceases to operate the hotel in the tourist area for which it is registered;
b. if the hotel keeper is convicted of any offence under chapter XIII and XVII of the Ranbir Penal Code Svt 1989 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding ,smuggling or profiteering or adulteration of food or drugs or corruption;
c. if the hotel keeper is declared an insolvent by Court of competent jurisdiction and has not been discharged;
d. if any complaint of malpractice is received and proved against a hotel keeper;
e. if the hotel is blacklisted under section 13.
13. Blacklisting of Hotels
1. The Prescribed authority may on proof of complaint of malpractice or for any other offence committed under this Act, for reasons to be recorded, blacklist a hotel, after taking into consideration the nature of malpractice or the gravity of offence for such period which may extend to three years.*
2. The particulars of a dealer blacklisted shall be exhibited at conspicuous places in all tourist areas and notified to all travel, trade and other concerned organizations, foreign missions in India, Indian missions abroad.
3. The action taken under sub section (1) shall not protect such hotel keeper from being prosecuted under the provisions of this Act.
4. If the prescribed authority is satisfied that there are sufficient grounds for removal of a hotel from the blacklist, he may after recording the reasons, order his removal from such list and issue a fresh certificate of registration on payment of prescribed fee and notify the same for the information of all concerned.
14. Notice of removal and blacklisting of hotel
Before removing the name of a hotel from the register under section (12) or blacklisting it under section 13, the Prescribed authority shall give a notice to the hotel keeper of the ground or grounds on which it is proposed to take action and hold an inquiry in the presence of the hotel keeper giving him a reasonable opportunity of showing cause against it.
15. Fixation of rates
The Government shall, by notification in the Government Gazette, fix the rates and service charges in respect of hotels which may be charged by the hotel-keeper for boarding or lodging or both from persons staying therein or from other customers :
Provided that such rate and service charges shall be fixed on the recommendations of a committee, the composition whereof shall be such, as may be prescribed :
Provided further that while recommending the rate and service charges, such committee shall take into account the standard of the hotel, the accommodation and services provided by and the quality of food served by it to the customers.” *
16. Hotel keeper to display information
Every hotel keeper shall cause to be displayed at some conspicuous place of the hotel such information as may be prescribed
17. Hotel keeper to present detailed bill
Every hotel keeper shall render detailed bills to the persons residing in the hotel and other customers and shall give receipts in acknowledgement of all payments.

 

Part IV

Travel Agent
18. Registration
1. No person shall carry on the business of travel agent, excursion agent or guide in a tourist area unless he is registered in accordance with the provisions of this Act.
2. Subject to the provisions of clause (d-1) of section 2, every person intending to act as a travel agent, excursion agent or guide in a tourist area shall before he commences to act as such, apply for registration to the prescribed authority in the prescribed manner.
3. Notwithstanding anything contained in sub section(2) any person acting as a travel agent, excursion agent or a guide in a tourist area on the date a notification under clause (n) of sec 2 is issued shall apply for registration within three months from the aforesaid date
Provided that where before the commencement of Jammu and Kashmir Registration of Tourist Trade (Amendment)Act, 1982, any person as aforesaid could not apply for registration within the time specified above he shall so apply for registration within six months after such commencement.
4. Every application made under this section shall be disposed of within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration.
19. Certificate of registration
The Prescribed authority shall unless registration is refused under section 20, direct that the name and the particulars of the travel agent, excursion agent or guide as the case may be, be entered in the register maintained for purpose and issue a certificate of registration to the travel agent, excursion agent or guide in the prescribed form
Provided that no such certificate may be required in the case of houseboat owner functioning as excursion agent in terms of explanation to clause (d-1) of section 2 of this Act.
20. Refusal to register
1. The Prescribed Authority may refuse the registration of a travel agent, excursion agent or guide under this Act on any of the following grounds namely:
a) if he does not possess any of the prescribed qualifications;
b) If he has been convicted of any offence under chapter XIII and XVII of the Ranbir Penal Code Svt 1989 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drug or corruption and two years have not elapsed since the termination of sentence imposed upon him.
c) if he has been declared an insolvent by a Court of competent jurisdiction and has not been discharged;
d) if his name has been removed from the register under this Act one year as not elapsed since the date of removal.
2. No application for registration shall be refused unless the person applying for registration has been allowed an opportunity of being heard.
21. Removal of the name from the register
1. The Prescribed authority may by an order in writing remove the name of a travel agent, excursion agent or guide from the register and cancel his certificate of registration on any of the following grounds namely:
a) if he ceases to act as a travel agent, excursion agent or guide in a tourist area;
b) if he is convicted of any offence under chapter XIII and XVII of the Ranbir Penal Code Svt 1989 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding ,smuggling or profiteering or adulteration of food or drugs or corruption;
c) if he is declared an insolvent by Court of competent jurisdiction and has not been discharged;
d) If any complaint of malpractice is received and proved against him;
e) if he is blacklisted by the prescribed authority**
2. Any travel agent, excursion agent or guide whose name is removed from the register under sub section (1) shall forthwith cease to be a travel agent.
22. Blacklisting of travel agents, excursion agent or Guide.
1. The Prescribed authority may on proof of complaint of malpractice for any other offence committed under this Act, for reasons to be recorded, blacklist a travel agent, excursion agent or guide after taking into consideration the nature of malpractice or the gravity of offence for a period which may extend to three months” shall be substituted.*
2. The particulars of a travel agent, excursion agent or guide blacklisted shall be exhibited at conspicuous places and notified to all travel, trade and other concerned organizations, foreign missions in India, Indian missions abroad etc.
3. The action taken under sub section (1) shall not protect such travel agent, excursion agent or guide from being prosecuted under the provisions of this Act.
f) If the prescribed authority is satisfied that there are sufficient grounds for removal of a travel agent, excursion agent or guide from the blacklist, he may after recording the reasons, order his removal from such list and issue a fresh certificate of registration on payment of prescribed fee and notify the same for the information of all concerned.
23. Notice of removal and blacklisting of travel agent, excursion agent or guide Before removing the name of a travel agent, excursion agent or guide from the register under section 22, the Prescribed authority shall give notice to the travel agent, excursion agent or guide of the ground or grounds on which it is proposed to take action and hold an inquiry in the presence of that person giving him a reasonable opportunity of showing cause against it.
24. Fixation of rates
The Government shall, by notification in the Government Gazette, fix the rates which may be charged by a travel agent or guide for the services rendered by him to person engaging him as such except in case of a travel agent whose rates have been approved by a competent authority of the Central Government :
Provided that such rates shall be fixed on the recommendations of a committee, the composition whereof shall be such, as may be prescribed :
Provided further that while recommending the rate such committee shall take into account the quality of the services provided by the travel agent or the guide.*
25. Omitted

 

Part V

Appeal and Revision
26. Appeals.
1) Subject to the provisions of sub section (2) an appeal shall lie from every order of the prescribed authority under this Act to the appellate authority to be appointed by the Government.
2) Every such appeal shall be preferred within ninety days from the date of communication of the order Provided that the appellate authority may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing it in time
3) The appellant shall have a right to appear by a counsel and the Prescribed authority may be represented by such officer or person as the Government may appoint.
4) On receipt of any such appeal the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such enquiry as it deems proper, dispose of the appeal for reasons to be recorded.
5) The proceedings before the appellate authority shall be completed within four months of its institution.
27. Revision
The Minister-in-Charge Tourism Department may at an any time call for the record of any case pending before or disposed of by any authority under this Act and if in any such case it shall appear to the Minister Incharge that any order passed or proceeding taken should be modified, annulled or reversed, he may pass such order as he may deem fit for reasons to be recorded and such order shall be final.
Provided that no order under this section shall be made to the prejudice of the person unless he has had a reasonable opportunity of being heard either personally or through counsel or by a duly authorized agent.

 

Part VI

Offences and Penalties
28. Penalty for default in registration
1. Any person carrying on the business of a dealer, hotel keeper or travel agent without a proper registration under this Act or in violation of any of the provisions of this Act shall be punishable by the prescribed authority with a fine which may extend to Rs.5000/- and if the breach is continuing one, with a fine of Rs.500/- for each day.*
2. The fine imposed under sub section(1) shall be recovered as if it is a fine recoverable under the provisions of the Code of Criminal Procedure Svt 1989
Explanation: A person who has made an application within the prescribed period and is pending disposal shall not be a defaulter for the purpose of this section.
29. Penalty for false statement
If any person required to make statement under this act willfully makes a false statement or suppresses a material fact with an intention to mislead the prescribed authority, he shall be liable to punishment with imprisonment for a term which may extend to three months or with fine not exceeding Rs 5000/- or with both.*
30. Certificate not to be assigned
Any person who lends, transfers or assigns the certificate of registration issued under this Act shall be liable to punishment with imprisonment which may extend to six months or with fine not exceeding Rs.10,000/- or with both.*
31. Certificate and documents to be shown to persons on demand
4. Any person registered under this Act shall at all times on demand, produce and show his certificate or any other document required under this Act to
a) the prescribed authority or any officer duly authorized by him in this behalf; and
b) any bonefide customer, who demands for the certificate of registration issued under this Act.
5. Any person who refuses on demand to show his certificate or documents or allow it to be read by any of the persons authorized to demand it, shall be liable to punishment with fine not exceeding Rs.5000/- for every default.*
32. Penalty for malpractice
Any dealer, hotel keeper, travel agent or any other person to whom this Act may be made applicable who commits a malpractice or contravenes any other provision of this Act in the tourist area for which no specific penalty has been provided shall be liable to punishment with imprisonment for a term which may extend to one year or with fine not exceeding Rs.10000/- or with both.*
33. Obstructing lawful authorities
If any person willfully obstructs or offers any resistance to or otherwise interfere in the discharge of the functions of the prescribed authority or any officer authorized by him exercising any power or performing any duties conferred or imposed upon it or him by or in pursuance of this Act or the rules made there under he shall be liable to punishment with imprisonment which may extend to One year or with fine not exceeding Rs.10000/- or with both.*
34. Offences to be tried summarily
Notwithstanding anything contained in this Act or in the code of criminal procedure Svt 1989 all offences under this Act shall be tried summarily.
35. Special rule of evidence
Notwithstanding any thing contained in the Evidence Act Svt 1977, when any complaint under this Act is made in writing by any person to the prescribed authority it may be admitted in evidence. The examination of the complainant shall not be obligatory in any trial by a Judicial Magistrate if such person is dead or cannot be found or is in-capable of giving evidence.
36. Institution of proceedings
1. Save as otherwise provided in subsection (2) no prosecution shall be instituted against any person for any offence under this Act except on a complaint made by the Prescribed authority or a Police officer not below the rank of the Sub Inspector.
2. Any offence relating to touting committed under this Act shall be cognizable and non-bailable.
37. Powers of the Prescribed authority to summon and enforce attendance of witness and other persons
The Prescribed authority shall have all the powers of a Civil court under the Code of Civil Procedure Svt 1977 while trying a suit, in respect of the following maters namely:
1. summoning and enforcing attendance of the complainant or the person against whom complaint is made under this Act and witnesses required in connection therewith,
2. compelling the production of any document, and
3. examining witnesses on oath.
and may summon and examine suo moto any person whose evidence appears to be material.
Explanation: For purposes of enforcing the attendance of witness and other persons mentioned above, the local limits of the jurisdiction of the prescribed authority extends to the whole of the State.
38. Composition of Offence
1. The prescribed authority may accept from any person accused of any offence under this Act, a sum of money by way of composition for such offence and may out of money so received compensate the person against whom the offence has been committed to the extent the prescribed authority deems reasonable.
2. On the composition of offence no further proceeding in respect thereof shall be taken against the accused and if any proceeding has already instituted against him in any court, the composition shall have the effect of acquittal.

 

Part VII

Miscellaneous
39. Notification of changes
1. Whenever a business for which certificate of registration is held by a person devolves by inheritance or otherwise upon any other person or undergoes a change in respect of any particulars entered in the register under this Act, such person shall within sixty days of the date of such devolution or change notify in writing the fact to the prescribed authority.
2. The prescribed authority shall make necessary changes in the register maintained for the purpose and in the certificate of registration.
3. Notwithstanding anything contained in subsection (2) the prescribed authority may remove from the register the name of the person in whose favour the certificate was issued and cancel the certificate of registration if the successor is not qualified to be registered under this Act.
40. Return of the certificate of registration
When a certificate of registration is cancelled under this Act, the person holding such certificate shall within seven days from the date of publication of the order of cancellation in the Government gazette return it to the prescribed authority
41. Duplicate certificate
If a certificate of registration issued under this Act is lost, damaged or destroyed, the prescribed authority shall on an application made in that behalf by the person holding such certificate and on payment of the prescribed fee issue a duplicate certificate.
42. Certificate of registration to be kept exhibited The certificate of registration shall be exhibited by the person holding it in a conspicuous place at the principal place of his business or if he has no place of business, he shall keep it on his person
43. Publication of list of persons removed from the register The prescribed authority shall from time to time publish in the Govt. gazette and in such other manner as it deems fit the names and addresses of the persons and of the hotels whose names have been removed from the register and who have been refused registration under this Act.
44. Power to inspect
The prescribed authority or any person authorized by him in this behalf may within the tourist area, inspect at all reasonable times, the premises in which a dealer or a travel agent carries on his business or any premises where a hotel is operated and require such dealer, travel agent or a hotel keeper to produce any document kept in pursuance of this Act or the rules made there under for Inspection.
45. Fixation of rates for other services
The Government shall, by notification in the Government Gazette, fix the rates which may be charged for hiring of boats, ponies, river rafts, adventure sports equipment, guides, ski patrols, high altitude porters and trekking porters :
Provided that such rates shall be fixed on the recommendation of a committee, the composition whereof shall be such, as may be prescribed :
Provided further that while recommending the rates, such committee shall take into account the standard of the equipment and quality of the service provided by the service provider.‟‟*
46. Powers of the Government to apply the Act to other persons The Government may by notification in the Government gazette direct that all or any of the provisions of this Act or the rules made there under shall with such exceptions, adaptations or modifications as may be considered necessary apply to persons doing the business in a tourist area or letting or plying for hire boats, bathing boats, automobile vehicles, tongas, dandies, ponies **or to such other persons as may be specified in the notification.
47. Powers and duties of the District Magistrate and Police in respect of offence under this Act.
1. Every police officer shall give immediate information to the Deputy Superintendent of police of the area and to the prescribed authority of an offence coming to his knowledge which has been committed against this Act or against any rule made thereunder.
2. The District Magistrate of the area**are an officer of the Tourism department not below the rank of Dy. Director shall have power to declare any person indulging in touting, out of bounds from places like Airport, Railway station, bus stand, Tourist Reception Centre and Picnic areas for such period which shall not be less than ***three months but may extend to six months.*
48. Indemnity
No suit, prosecution or other legal proceedings whatsoever shall lie against the Government or any person in respect of anything which is in good faith done or intended to be done under this Act.
49. Reservation of powers of local authority Nothing in this Act shall take away or diminish any of the powers vested in any local authority by or under any law for the time being in force.
50. Powers to make rules
1. The Government may by notification in the Government Gazette make rules for carrying out the purposes of this Act.
2. In particular and without prejudice to the generality of the forgoing powers, such rules may provide for:
a) the maintenance of registers, books and forms by a hotel keeper, dealer or ravel agent for conduct of business.
b) the form of application for registration and for certificate of registration.
c) the fee for registration.
d) the manner of giving notice under this Act.
e) classification of hotels and travel agents.
f) qualifications for registration as travel agent.
g) manner of publication of the names and addresses of the persons and the hotels removed from the register or to whom registration has been refused.
h) manner in which a dealer, hotel and a travel agent shall be black listed and the publication of names and addresses of such dealer, hotel and travel agent.
i) he place where the prescribed authority shall hold enquiry under the act and
j) all manners expressly required to be prescribed under this Act.
3. The rules made under this Act shall be subject to the condition of previous publication.
51. Repeal and saving:
The Jammu and Kashmir Registration of Tourist
Trade Act 1962 is hereby repealed:
Provided that the repeal shall not affect
a) the previous operation of the Act so repealed or anything duly done or suffered thereunder;
b) any right privilege, obligation or liability acquired, accrued or incurred under the Act so repealed;
c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any provision of the Act so repealed; or
d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation ,penalty, liability, forfeiture or punishment as aforesaid.
and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act has not been passed.
Provided further that subject to the proceeding proviso, anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, forms prescribed, certificate obtained, permit or license granted or registration affected under the law so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act ad shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.


Note: - * depicts that the changes which have been made in the principal act by virtue of the amendment Act No. V of 2011, dated: 8th April 2011.

 

 

-THE JAMMU & KASHMIR GOVERNMENT GAZETTE

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PART III

Laws, Regulations and Rules passed there under

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GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT-TOURISM DEPARTMENT

Notification

Srinagar, the 10th

 July, 1979.

SRO-384. ---In exercise of the powers conferred by section 50 of the Jammu and Kashmir Registration of Tourist Trade Act 1978, The Government hereby made the following rules. The same having  previously been published as required by sub-section (3) of the said section, namely:-

Note :- ( * ) Depicts the changes made in these rules vide SRO 198 issued through

 notification dated 8th  of July, 2012.

1) Short title and commencement—(1) These rules may be called the Jammu and Kashmir

   Registration of Tourist Trade Rules, 1979.

2) They shall come into force at once. 

2. Definitions—In these rules, unless the context otherwise requires,--

a) “Act‖” means the Jammu and Kashmir Registration of Tourist Trade Act1978;

b) “Form”‖ means a Form appended to these rules;

c) “Register”‖ means the register of Dealers, the register of Travel Agents or the Register of Hotel

    Keepers, as may be relevant in the context under these rules;

d) “Section”  means a section of the Act;

e)  All words used but not defined shall have the meanings assigned to them in the Jammu and

      Kashmir Registration of Tourist Trade Act 1978.

3. An application for registration by a person intending to carry on business as a dealer  or to operate a hotel or to work as a travel agency, excursion agent, adventure and sports  tour operator, hajj and ummrah services operator, Tourist Taxi and tourist coach operator  under the Act shall submit application to the Prescribed Authority in Forms I,II or III, as  the case may be, with a jee as prescribed hereunder accompanying such application :-

(I)        Dealer                                                                                                    Rs.100 per year

(II)     Hotels

       A Category                                                                                                  Rs .1000 per year

       B Category                                                                                                  Rs.500 per year

       C Category                                                                                                  Rs.350 per year

       Guest House                                                                                               Rs.250 per year

       Restaurants                                                                                                Rs.100 per year

       Camp Hotel                                                                                                Rs.200 per year

(III) House Boats

Deluxe Category                                                                                                Rs.500 per year

A Category                                                                                                           Rs.400 per yea

B Category                                                                                                            Rs.300 per year

C Category                                                                                                             Rs 350 per year

D Category                                                                                                             Rs.100 per year

(IV) Other Units

(a) Travel/Excursion/ Adventure  Sports/Haj & Ummrah Service Agents       Rs.300 per year

(b) Guides (of all kinds)                                                                                             Rs.100 per year

(c) Poney wallas                                                                                                         Rs.50 per year

(d) Sledge Wallas                                                                                                       Rs.50 per year

(e) Taxi Shikara                                                                                                           Rs.50 per year

(f) Bathing Boats                                                                                                        Rs.100 per year

(g) Motor Boats                                                                                                          Rs.100 per year

(h) Camping Agency                                                                                                   Rs.50 per year

(i) Camping equipment vendors                                                                              Rs.50 per year

(j) Tourist coaches/Taxis                                                                                           Rs.500 per year

(k) Photographers                                                                                                      Rs.100 per year

(l) Hawkers                                                                                                                  Rs.50 per year

(m) Collie                                                                                                                     Rs.50 per year

Provided that a handicrafts dealer while applying for registration under these rules shall produce recommendations from the Director Handicrafts and the registration of a hotel/guest  house/restaurant/house boat/ bathing boat shall be subject to the verification and satisfaction of the  Prescribed Authority to the extent that the person intending to seek registration has sufficient and  scientific based management of the solid and liquid waste disposal :

 Provided further that the annual renewal of a registered tourist unit shall be subject to his/her performance  to the satisfaction of the Prescribed Authority and for travel/excursion/adventure sports/Hajj & Ummrah  service Agents in addition to satisfactory performance subject to production of annual returns, duly  certified by a chartered Accountant.*

4. The Prescribed Authority shall, either by himself or through an Officer authorized by him in this behalf on receipt of the application along with the fee, acknowledge the receipt thereof indicating the date on which the application has been submitted by the applicant, the date of receipt and the amount of fee  received with the application.

 5. On receipt of the application and the fee, the Prescribed Authority shall scrutinize the application and if the Registration is not refused under section 5, section II or section 20, as the case may be, he shall  enter the contents of the application in the relevant register and shall thereafter issue instructions to the  applicant for undergoing on the spot inspection in case of Houseboats, Bathing Boats, Shikaras, Motor  Launches, ―travel/excursion/adventure sports/tourist taxis/tourist coaches/hajj and Ummrah service agent‖  on any convenient and available date. On inspection, if the Inspecting team or Officer concerned is  satisfied with its up-keep on the requisite standard, a Certificate of Registration in Form IV, Form V or  Form VI as the case may be shall be issued in favour of the applicant*

 6. If the Prescribed Authority proposes to refuse the registration of a Dealer, Hotel or a Travel/Excursion Agent under section 5, section II or section 20 respectively, he shall serve upon the  applicant a notice indicating the ground on which the registration is proposed to be refused and the  applicant may, either by himself or through his authorized Agent submit his objections, if any, regarding  the contemplated order of the refusal within a period of 30-days from the date of receipt of the notice.

 7. If the Prescribed Authority does not get a reply to the notice issued under rule 6 within the stipulated time, or is of the opinion that the objection made by the applicant is not satisfactory he shall  pass orders refusing the registration and communicate the orders to the applicant. The communication as such shall also be recorded on the application bearing the date.

 8. If at any time, after a person is registered as a Dealer or Travel Agent/Excursion Agent or a Hotel is registered under the Act the Prescribed Authority is satisfied that the dealer, travel agent/ excursion agent or the Hotel Keeper has incurred any of the disqualifications mentioned respectively in sections  6,7,12, 13,21 or section 22 as the case may be, he shall serve a notice in Form VII, Form VIII or Form IX indicating the ground on which it is proposed to remove the name from the Register or black-list the  Dealer, Hotel or Travel Agent/ Excursion Agent as the case may be , or requiring the Dealer, Hotel  keeper or Travel Agent/Excursion Agent to show cause not less than fifteen days of the date of receipt of  such notice as to why such order of removal or black –listing should not be made.

 9. If the Prescribed Authority, is of the opinion that the explanation tendered by the Dealer, Hotel keeper or the Travel Agent/Excursion Agent, as the case may be, is not satisfactory, he shall pass an order  removing the name from the Register or black-listing that Dealer, Hotel or Travel Agent/Excursion Agent and cancel his or its Certificate of Registration and such order shall be communicated to the Dealer the Hotel keeper or the Travel Agent as the case may be.

  10. On the receipt of the Certificate of registration returned under section 40, it shall be marked with cross in red endorsing thereon ―Removed under Order No. --------------------------------------- dated----------------- File No. --------------------- and shall then be posted on the relevant page of the register.

11. All notices or orders issued under the foregoing rules shall be sent by registered post to the address of the Dealer the Hotel keeper or the Travel Agent/Excursion Agent, as shown in the application forms and all such notices or orders as the case may be shall be deemed to have been communicated when so sent.

 12. All orders passed by the Prescribed Authority under these rules shall be published in the Government Gazette.

 13. Every registered dealer shall as soon as he is registered maintain the following books and registers prescribed and approved by the Prescribed Authority or such other Officer as may be authorized  by him in this behalf, namely:--

1) Register of order book in Form XIII

 2) Bill book duly numbered

 3) Cash memo book duly numbered.

 4) Receipt book showing receipts of price paid or advances received, along with the dates.

 5). The Ponywalla/ dandi walla/ Sledge Walla/ Taxi Shikarawalla/ hawker / vendor/ guide/ photographer/ tourist taxi driver/ tourist coach driver shall dress themselves in prescribed uniform, carrying departmental logo and identity card with Registration No. issued by the Prescribed Authority‖*

14. Every Travel Agent or Excursion Agent shall, as soon as he is registered maintain the following books and a register approved by the Prescribed Authority giving following particulars namely:-

 1) Serial No. 

2) Date.

 3) Number of tourists received

 4) Name of the place of their destination

 5) Duration of their stay

 6) Name of the Travel Agent

 7) Transferred to hotel/houseboat/tent/private accommodation (Name with location)

 8) No. of tourists in a party

 9) Amount paid in Advance

 10) Method of recovering of balance

 11) Bill book duly numbered

12) Receipt book duly numbered

 13) Printed tariff

14) Printed Itinerary 

15. The Prescribed Authority may by an order classify the Travel Agents and Excursion Agents as of class ―A‖ ―B‖ ―C‖ or ―D‖ etc. having regard to the capital amount location, general condition, work, conduct, reputation and efficiency of such Agent applying for registration or its renewal.

 16. The qualification of a Travel Agent for purpose of classification shall be his being recognized by Airlines/Carriers acting for promotion of the tourist traffic to the State and also actively involved in the  publicity of the touristic charms, amenities etc. within and outside the State.

 17. Every Excursion Agent shall provide proof of being actively involved in operation of tours, organizing and conducting of sightseeing transfers and other travel arrangements within the State.

 18. (1) Every registered Hotel keeper shall display in respect of his hotel at the entrance of the hotel on a notice board. The following information namely:--

 1) Hotel accommodation available

2) Accommodation occupied

 3) Accommodation reserved by previous booking

 4) Accommodation available on a particular day

 5) Rate of eatables/bedding etc. served in the hotel

  (2) Every registered hotel keeper shall maintain the following books and registered as Prescribed and approved by the Prescribed Authority, namely:--

 1) Complaint book 

2) Tourist register in form XII

 3) Cash Memo

 4) Bill book duly numbered

 5) Receipt book duly numbered

 6) Register of advance booking with advance received.

 (7) The name of the person or concern with address from where order is received

 19. The Prescribed Authority shall having regard to the location, standard, structure, quality of food, accommodation, facilities, service, amenities and general conditions etc. classify the Hotels/Houseboats etc. in different categories.

 20. The Prescribed Authority may hold enquiry at the place of his official headquarters or such other place as he may in the interest of enquiry deem proper.

21. Duplicate Certificates:--If a Certificate of registration issued under these rules is lost, damaged or destroyed and the Certificate holder desires to have a fresh Certificate he shall submit an application in Form X with a fee of rupees five and the Prescribed Authority after holding such enquiry as he deems fit as to the genuineness of his statement may issue a duplicate Certificate to the applicant. If the Prescribed authority refused to issue a duplicate Certificate he shall follow the same procedure as is provided for the refusal of the registration under rules 6 and 8.

22. An application for reservation and allotment of a mooring site or Ghat for mooring of boats shall be submitted to the prescribed Authority in Form XI with a fee as may be notified in the Government Gazette from time to time. 

23. Every Certificate of registration issued in favour of a Dealer, Hotel keeper, Travel Agent/ Excursion Agent shall in the first instance, be issued for a period of one year renewable every year on payment of prescribed fee.

 24.(1) Every person whosoever carries on in a tourist area the business of putting or plying for hire boats, Taxi shikara boats, bathing boats, Tongas, Dandies, Ponies, Sledges, Motor Launches, Surf Rides, Water Skiing, Hire shops Camping equipment including (Rain coat, warm coats, umbrellas and shoes) tent and tented equipment and Tourist Guiding /Coolie shall have to get himself registered for conducting such business.

 (2) An application for registration shall be submitted to the Prescribed Authority in form XIV, with a fee as prescribed under rule 3, accompanying such application. The registration shall be subject to annual renewal.*

 25. The rates and service charges with respect to hotels that may be charged by the hotel keeper for boarding or lodging or both from person staying therein or from other persons, the reates that may be charged by a Travel Agent or Guide for the services rendered by him to person engaging him as such, except in case of a Travel agent whose rates have been approved by a competent authority of the Central Government and the rates that may be charged for hiring of boats, ponies, river rafts, adventure sports equipment, guides, ski petroles, high altitude porters and trekking porters, taxi shikara boats, bathing boats, motor launches, sledges, tents and tented equipment, camp and camping equipment, rain coats, warm coats, umbrellas and shores shall be fixed by the Government on the recommendations of the Committee for the area detailed herein under. The committees shall submit their recommendations to the Government by the end of February each year and the rates shall be notified by the Government by or before 31st of March each year *:-

 I. Kashmir Division

a) Director Tourism, Kashmir                                                                                                      Chairman

b) Chief Executive Officer,                                                                                                           Member Pahalgam Development Authority

c) Chief Executive Officer,                                                                                                            Member

Gulmarg Development Authority

d) Chief Executive Officer,                                                                                                            Member

  Sonamarg Development Authority e) Dy. Director Tourism,                                                Member

(Registration) Kashmir                                                                                                                   Secretary

II. Jammu Division

a) Director Tourism, Jammu                                                                                                       Chairman

b) Chief Executive Officer,                                                                                                           Member

 Patnitop Development Authority

c) Chief Executive Officer,                                                                                                             Member

 Bhaderwah Development Authority

d) Chief Executive Officer,                                                                                                            Member

 Poonch Development Authority

e) Dy. Director Tourism, Jammu                                                                                                Secretary

 III. Leh District

a) District Development Commissioner,                                                                                  Chairman

Leh.

b) Chief Executive Officer,                                                                                                            Member

Leh Development Authority

c) Asstt. Director Tourism,                                                                                                           Member

 Leh                                                                                                                                                  Secretary

IV. Kargil District

a) District Development Commissioner,                                                                                 Chairman

Kargil.

b) Chief Executive Officer,                                                                                                          Member

Kargil Development Authority

c) Chief Executive Officer,                                                                                                             Member

Zanaskar Development Authority.

d) Asstt. Director Tourism,                                                                                                            Member

 Kargil*                                                                                                                                               Secretary

  Sd/-

 Secretary to Govt

 Tourism Department

ANNEXURE ―A‖ (PART A)

CRITERIA FOR CLASSIFICATION OF ACCOMMODATION

Sophisticated accommodation: (‗A‘ Category).

 Location and Building – The hotel will be located in an area suitable for the stay of Upper middle class tourist with adequate parking place for cars a lawn or a roof garden for the use of the guests.

  Guest room and bathrooms – The following amenities should be provided in all the rooms to be               occupied by the guests:-

(a) Attached bathrooms with long baths, shower, running hot and cold water and adequate supply   of soap, toilet paper and towels.

 (b) Proper lighting, fans and adequate heating arrangement. *

 (c) Telephone (except in seasonal hotels where there should be a call bell in each room and a

     telephone connection on each floor).

 (d) Aqua guard and mineral water.*

e) Proper furniture, wardrobe with one dozen hangers, baggage rack, dressing table and drawing

table.*

 f) Comfortable beds with ―Fabro‖ mattresses*

 g) Necessary branded one linen and blankets*

 h) Refrigerator, Color TV with cable or dish connection and wi fi facility.* 

 Public rooms –The following facilities should be provided in the public rooms:-

(a) Properly staffed Reception and Information Counters with 24 hours service.

 (b) Well-appointed lounge, provisions for book stalls, money changing, safe deposit, left luggage

facilities.

 (c ) Adequate number of lifts (if needed).

 Proposed to add for five stories or more

 (d) Good quality crockery, cutlery, glassware and linen.

 (e) Clean hygienic, well equipped and well maintained kitchen and Pantry with cold storage.

 (f) Provision of cloak rooms for ladies and gents.

 (g) Bar facilities.

 (h) Provision of dance and/or chamber music.

 ( i) Lift system, swimming poll, business centre, ISD & STD facility, first aid facility, Power

 backup (DG set) and fire fighting equipment.*

Service – The following service should be made available:-

(a) Hygienic and clean washing of cooking utensils, crockery, and glassware.

 (b) Provision of experienced and smart staff wearing clean uniform.

(c) Provision of Dry cleaning and laundry services.

 (d) Supervisory staff coming into contact with the guests, should understand English and senior staff should possess a good knowledge of English.

ANNEXURE ―A‖ (PART B).

Medium Class Accommodation : (―B‖ Category).

 Location and Building – The hotel will be located in an area suitable for the stay of Middle income group tourists and must have adequate place for car parking*

 Guest room and Bathrooms – The following amenities should be provided in all he rooms to be occupied by guests:-

 (a) Attached bathrooms with running hot and cold water, showers, proper sanitary fittings and adequate supply of toilet paper and towels.

 (b) Proper lighting fans and adequate heating arrangement. *

 (c) Aqua guard, mineral water, refrigerator and fire fighting equipment.*

 (d) Proper furniture, wardrobe with six hangers, baggage rack, dressing table, drawing table and

Fabro mattresses.*

 (e) ISD & STD with internet facility and color TV.*

 (f) Call bell in each room.

 (g) Branded linen and blankets.*

ServiceThe following should be made available:- 

(a) Provision for hygienic washing of utensils, crockery, cutlery and glassware.

 (b) Provisions of laundry service.

 (c) Provision of smart and experienced staff wearing clean uniforms.

 (d) Senior staff coming into contact with the guests should possess working knowledge of English.

e) A clean hygienic kitchen well-equipped and well maintained with pantry.

f) Reception counters with telephone facilities.

Economy Class Accommodation (―C Category).

Locality and Building – Suitable locality and building to cater lower income group tourists:-

 Guest rooms – The following amenities should be available:-

(a) The rooms should have capacity ranging from 2 to 10 beds.

 ( b) The rooms should have attached bathrooms with running hot and cold water.*

 (c) Rooms should be properly ventilated, furnished, Lighted and with adequate heating Arrangements.*

 (d) Fans in all rooms.

 (e) A common Restaurant with Dhaba type arrangements.

 (f) Color TV with Cable/dish connection and firefighting equipments.*

 Note:- Locality means, the site approved/cleared by the Srinagar Development Authority in view of

the Master Plan.

ANNEXURE ―A (PART C).

ServiceThe following Services‖ should be proved:-

(a) Clean crockery, cutlery and furniture.

 (b) Hygienic washing of utensils under running water having regular outlet of water.

 (c) The Manager and the staff should be conversant with Urdu/Hindi/English.

(d) Reception Counter.

 Minimum Carpet area standards prescribed for construction of bathroom / bedroom etc. in Hotels:-

Sophisticated accommodation (―A Category).

Air conditioned single                                                                                                          140 sft

Non-air conditioned single                                                                                                 160 sft

 Air conditioned double                                                                                                      180 sft

Non-air conditioned double                                                                                               220 sft

Bathrooms                                                                                                                            40 sft   (if fitted with showers)   45.50 sft (if fitted with tub).

Medium class accommodation (―B Category).

Single                                                                                                                                                 110 sft

Double                                                                                                                                               168 sft

Bathrooms                                                                                                                                        40 sft

 Economy class accommodation                                                                                                   55 sft for each bed. (―C‖ Category).

Annexure A-(Part D)

Economy class Accommodation (Guest House).

 Locality and Building-

 Suitable locality and building to cater lower income group tourists Guest rooms:-

 The following amenities shall be available:-

a) The room accommodation for tourist use will have capacity  ranging from 2 to 10 beds.

b) There will be common sanitary fitted lavatories and bathrooms  fitted with running water, separately for ladies and gents one  each after 6 beds.

c) Rooms will be properly ventilated, furnished and lighted.

d) Fans in all rooms.

e) A common restaurant with Dhaba type arrangements or room  service.

f) Telephone (land line) with STD/ISD facility. Note : locality means, the site approved/cleared by the Srinagar

Development Authority for commercial activities in light of the  Master Plan and also the area where the residential rights of  locals are not disturbed. The building means a built-up (ready  to use) structure constructed as per the building permission  granted by concerned Municipal council/ Panchayat Halqa.*

ANNEXURE ‗B‘– (i).

 

DELUXE CLASS

 FURNISHING AND FITTINGS.

 Bedroom – (1) Spring beds/Foam mattresses with full beddings (Sheets-superior blankets) and foam pillows with 24 covers and 12 bed spreads superior quality embroidered/hand stitched matching spreads with curtains.

 (2) Dressing table with mirror full size length and cushioned stool.

(3) Wall to wall durret with central carpet, carpet of standard quality.

 (4) Bedside table lamps of paper mashie/wood work.

 (5) Wardrobes with one dozen hangers.

 (6) Beside tables (Walnut wood carved).

 (7) Aqua guard and mineral water provided the mineral water shall be against payment I  not          otherwise included in the package if any for drinking water with glass tumblers.*

 (8) Curtains– net and half curtains of superior fabrics preferable crewel embroidery.

 (9) Electric Fans, Enamel painted firewood/oil stove/electric heating blower.

 (10) Hot water bottled.

 (11) Call bell.

 (12) Two easy chairs with Dunlop cushioned seats.

 (13) Baggage rack.

(14) Refrigerator, Colour TV and Firefighting equipment.*

CORRIDOOR:

 Durret carpet of standard quality runner to size.*

 STARIS LEADING TO DECK:

Durret carpet runner to size/Linoleum/Oil cloth.

 BATHROOM:

 1. Bath Tub-Fibre glass/Zinc Shank tub.

 2. Shower-superior telephone type

 3. Sanitary fittings with Plastic/septic tanks for sewage disposal.*

 4. Geyser/boilers with arrangement for running hot and cold water round the clock.

 5. Jug, Mug, Towel-sets of three different sizes, wash basin, Mirror superior.

 6. Soaps.

 7. Toilet Paper.

 8. Arrangements for supply of Municipal water supply for drinking purposes.

 9. Bath mats.

 10. Air purifier.

 11. Shaving plug indicating the voltage.

 12. Door and Window curtains (two sets).

 13. Liquid soap filled containers.

 14. Enameled/Galvanized pipe fittings.

 15. Linoleum or tiled flooring.

 DINNIGN ROOM :

 (1) Refrigerator.

 (2) Dinning table – walnut carved/plain with six carved dinning chairs.

 (3) Dinner sets (two) superior quality.

 (4) Cutlery (one China) and table linen of superior quality for 12 persons.

(5) Side Board.

(6) Wine, Sherry, Beer, Glass tumblers and fruit trays.

 (7) Side Board.

 (8) Six service trays.

 (9) Hot case, preferably hot plate (superior type in the pantry).Oven

10)Electric fan/electric blower, enamel painted firewood/oil stove.

 11)Durret wall to wall with central carpet piece.

 12)Curtains net superior fabrics preferably crewel embroidery.

 DRAWING ROOM :

 (1) Sofa set with free sofa chairs superior quality.

 (2) Day bed (one) superior type.

 (3) Writing table with cushioned chair/cushioned stool.

 (4) Electric fan/electric blower, enamel painted firewood/oil stove.

 (5) Stationery-writing pads with houseboat address printed and envelopes.

 (6) Radio.

 (7) Central table.

 (8) Library books.

 (9) Durret wall to wall with central carpet piece.

 (10) Peg tables (four)

 (11) Telephone facilities.

 (12) Emergency lights/Gas lamps.

 (13) Two Petromax gas lamps.

 (14) Ash trays (one dozen) paper mashie/walnut wood.

 (15) Door and window curtains (2 sets).

 (16) Wire gauze fitted windows.

 (17) Standing lamp (one) standard quality.

 (18) Special type electric fittings with chandelier.

19) Call-bell.

 20) First Aid facility & Doctor on call.*

 UNIFORMS : 

(1) Three sets for each serviceman of white superior cloth.

(2) Two woolen sets for each serviceman.

 (3) Three Apron sets each for cook and pantry man.

 UPPER DECK :

 (1) Six Relaxing chairs.

 (2) Canopy.

 (3) Tea/Coffee tables.

 FRONT DECK :

 Linoleum covered with removable Durret piece to size.

 Note:- The following service personnel shall be engaged by the Houseboat owner :-

 (1) Cook with sufficient knowledge of preparing Indian, Persian and Continental dishes.

 (2) Pantry man.

 (3) One bearer for each houseboat.

 (4) One Part-time scavenger.

 ‗B‘ The following regulations should be strictly adhered to :-

 (1) Utmost care should be taken to ensure hygienic and clean washing of kitchen utensils/crockery/ cutlery and glassware. 

(2) Stainless steel utensils should be used.

 (3) At least one cooking gas apparatus should be available for quick and clean service.

 (4) Utmost care should be taken to keep the kitchen always clean. The main standing platform

should be covered with galvanized iron sheet to avoid mishaps and give a cleaner look.

 (5) Sufficient number of containers should be available to preserve water for drinking purposes.

 (6) The structure of the Houseboat should be fairly sound with the minimum dinning room width

(central) position of the (Houseboat) as 14 feet.

 (7) The mooring site should be adequate electrified.

(8) The location of the Houseboat should be suitable and environments properly maintained

(wherever possible).

(9) Every bedroom of the houseboat should have proper and safe locking arrangements.

(10) A spring shikara, duly registered, should always be available to the lodgers for crossings.

ANNEXURE B—(ii)

CRITERIA FOR CLASSIFICATION OF HOUSEBOATS AND

 DOONGA BOATS

A Category

FURNITURE AND FITTINGS

BEDROOM

a) Spring Beds/Foam Mattresses with full beddings (sheets superior blankets and Foam Pillows and

bed spreads) 

b) Dressing table with cushioned stool

 c) Carpet (wall to wall and centre pieces)

 d) Table Lamps/bed side lamps

 e) Ward-robe

 f) Side tables

 g) Mineral water and aqua guard provided the mineral water shall be against payment if not

 otherwise included in the package if any for drinking water.*

 h) Curtains (full length)

 i) Fan/Heater

 j) Two chairs (easy)

BATHROOM

a) Bath tub (enameled/plastic)

 b) Shower (Telephone type)

 c) Sanitary fittings with plastic/septic tanks.* 

d) Geyser (optional)

 e) Jug/Mug/Towel/Wash Basin and Mirror

 f) Soap/Toilet paper

 g) A direct water connection from the water works pipe.

 h) Shaving plugs indicating the voltage.

 DINNING ROOM

a) Refrigerator

 b) Dinning table with 6/8 dinning chairs

 c) Tea sets—2 sets

 d) Tea sets—3 sets

 e) Cutlery and crockery (Bone China/Kerala) and linen for 6/8 persons.

 f) Wine glasses—sherey glasses, Beer glasses, ordinary glasses, fruit trays.

 g) Side board

 h) Carpet

 i) 6 service trays

 DRAWING ROOM

a) Sofa set—one

 b) Day bed—one

 c) Writing table with cushioned stool

 d) Fan/Colour TV with cable

 e) Stationery including printed pads and envelopes

 f) Radio or Radiogram Colour TV and Internet facility.*

 g) Carpet

h) Central table

 i) Library books

 j) Peg Table

 k) Telephone (optional) 

l) Kerosene Oil lamps in each bed room—two gas lamps.

m) Astray one dozen

 n) Medical care, fire fighting equipment and Refrigerator.*

 UNIFORMS

Two cotton sets – four Two woolen sets with belts – four

DECK

a) 4 /6 chairs/umbrellas/canopy

b) Table

 Note: In winter every room should have fire stoves and the following service personnel shall be engaged  by the Houseboat owner

  1. Cook with sufficient knowledge of preparing Indian/Persian and continental dishes

 2. Pantry man

 3. One bearer for each houseboat

 4. One part time scavenger

 B.The following regulations should be strictly adhered to

1. Utmost care should be taken to ensure hygienic and clean washing of kitchen, tinsels/crockery/cutlery and glass ware

 2. At least5 one cooking gas apparatus should be available for quick and clean service

 3. Utmost care should be taken to keep the kitchen always clean The main standing platform should be covered with galvanized iron sheet to avoid mishaps and  give a clear look

 4. Sufficient number of containers should be available to preserve water for drinking purpose

 5. The structure of the houseboat should be fairly sound with the minimum dining room, width

(central) position of the (houseboat) as 14‘

6. The mooring site should be adequately electrified

 7. The location of the houseboat should be suitable and environments properly maintained (whereby possible)

8. Every bedroom of the houseboat should have [proper and safe locking arrangements.

9. A spring shikara duly registered should always be available to the lodger for crossing.

ANNEXURE B- III

CEITERIA FOR CLASSIFICATION OF HOUSEBOATS AND DONGA BOATS

 ―BCategory

FURNITURE AND FITTINGS

BEDROOM

a) Beds with foam mattresses with full beddings

b) Dressing table with stool

c) Druggets

d) Table lamps/wardrobe e) Side tables

f) curtains(full length)

g) Carpet (wall to wall)

h) Mineral water and Aqua guard.*

 DINNING ROOM

a) Dining table with 6/8 dining chairs

b) Dinner set -1

c) Tea sets 2

d) Crockery and cutlery and linen for 6/8 persons

e) Ice box

f) Side board

g) Drugget

h) Wine glasses, bear glasses and other glasses

i) Four service trays

 DRAWING ROOM

a) Sofa sets with day bed

b) Writing table with stool

c) Carpet wall to wall

d) Fan/radio

e) Central Table

f) Library books

g) Peg tables

h) Refrigerator, Colour TV and internet facility.*

 BATHROOM

a) Bath tub enameled/plastic/cement

b) Shower

c) Sanitary fittings

d) Running hot and cold water

e) Jug /Mug/towel, wash basin and mirror

f) A direct water connection from the water works pipe

 DECK

a) Four chairs

b) Table-1

c) Canopy

d) Durrie-1

 UNIFROM

Two cotton sets and two woolen sets for 3 servants

ANNEXURE B IV

Criteria for classification of houseboats and donga boats

 ―C Category

FURNITURE & FITTINGS

a) Beds with cotton mattresses with beddings

b) Dressing table with stool

c) Table lamp, side table, curtains full d) Drugget

BATHROOM

a) Bath rubs

b) Flesh latrine

c) Running water

d) Jug mug towel, wash basin and soap

 DINNING ROOM

a) dining table with 6 chairs

b) Dinner set -1

c) tea set-2

d) Cutlery, crockery and linen for 6 persons

e) Drugget

 DINNING ROOM

A) Drugget

b) Sofa chairs-6

c) Peg tables

d) Writing table with chair

 D Category (Donga boats)

1. Moderately furnished

b) It should not be used by the houseboat owner for his own living

 SERVICES

The following ser vices should be made available

a) Hygienic and clean washing of kitchen, utinsels, crokery, cutlery etc.

b) Good cuisine Indian as well as continental (providing by experienced and smart staff)

DEPARTMENT OF TOURISM

GOVERNMENT of JAMMU AND KASHMIR

FORM-I

To

The Prescribed Authority

Sir,

I request that I may be registered as a dealer within the meaning of Jammu and Kashmir Registration of

Tourist Trade Act for______________ in respect of the articles mentioned in annexure to this application.

The other particulars of my business are mentioned below 1. Name of the dealer with full address in tourist area_____________

2. Permanant residential address with parentage________________

3. Name of the proprieter/proprieters________

4. Name of the Agent/agents/employee/employees________

5. Nature of business_____________

6. Date of establishment of the business concern_________

7. Date of submission of the application___________

8. Tourist area in which the applicant deserves to carry on the business_____

9. Name of the business concern___________

10. Whether the applicant is the permanent resident of J&K State________

11. Any other business which the applicant is carrying on in any tourist area in the State or outside the

State______________

Date_______________ Signature of the applicant

Note (i) The dealer affix an annexure indicating therein the articles regarding which the dealer wants to be

registered

ii) The applicant should be supported by a certificate verifying the above particulars from chamber of

comers or any other recognized trade organization of J&KState.

APPLICATION FORM FOR REGISTRATION OF A HOTEL

FORM-II

To

The Prescribed authority 

Sir,

I/we request that I/we may be registered as hotel keepers and my/our hotel /houseboat known as

______________situated at __________may be registered under the registration of Tourist Trade

Act 19768.The other particulars of the hotel/houseboat are as under

1. Name of the person with full address intending to

Operate a hotel/houseboat or is already operating a hotel_________

2. Name of tourist area where the hotel is to be run__________

3. Name of the proprieter/proprieters

4. Name of the Manager with full permanent address

5. Name of the agent/agents/employee/employees

6. Name of the hotel

7. Whether the applicant is a permanent resident of J&KState

8. Any other business which the applicant is carrying on in any tourist area in the State or outside the state

9. Whether the building wherein the hotel is operated is owned by the applicant or is rented out or leased

10. Incase of leased building, the period of lease to be mentioned with specific date.

   Dated:_______                                                                               Signature of the applicant

Note: The hotel keeper should produce the prescribed register at the time of presenting this application for

approval and fixing of his seal.

 

 APPLICATION FORM FOR REGISTRATION OF A TRAVEL AGENTS/EXCURSION

AGENT/ADVENTURE AND SPORTS TOUR OPERATOR/HAJJ &UMMRAH SERVICE

OPERATOR/TOURIST TAXI AND TOURIST COACH OPERATOR*

To

The Prescribed authority

Sir,

 I request that I/we may be registered as Travel Agents/Excursion Agent/Adventure and sports

Tour Operator/Hajj & Ummrah Service Operator/Tourist Taxi and Tourist Coach Operator within the

meaning of Jammu and Kashmir Registration of Tourist Trade Act, 1978 for -----------------area.*

The particulars required for the purpose are given hereunder:-

1. Name of the firm and its registered address.

2. Year when the firm was established.

3. Whether the firm is a proprietary/partnership/private or public limited concern.

4. Month and date when the firm was registered.

5. Capital standing in Bank

6. Name of the Director/Directors/Partner/partners etc

 7. Details of interests, if any in other business of the Directors/ Partner. Partners etc.

8. Name of Bankers (attach reference from Bank)

9. Name of Auditors. (A balance sheet & Profit & Loss statement pertaining to the Travel business,

as prescribed under the company law must be submitted by each applicant).

10. Income Tax Clearance Certificate from the appropriate authorities.

11. All other activities undertaken by the firm Besides Travel arrangements

12. I) Volume of tourist traffic handled up to the date of application showing foreign and internal tourist

traffic separately

II) Clientele, any special tourist parties, their size frequency of visit etc.

III) Amenities arranged for foreign tourist

VI) Steps taken to promote home tourist traffic and details of the parties handled, if any.

V) Promotional/publicity activities, undertaken (with documentary proof)

 13. Branches of the firm in the country, the staff Employed at the headquarters & branches.

14. Particulars of foreign firm if any, with the details of tourist traffic business connections

15. Name of Guides approved by the Directorate of Tourism having been employee with their address

16. Registration No. & Date of Airlines/carriers

 (with true copy attached)

Ph.No: ------------------------ Cell Ph. ----------------------

E-Mail address--------------- P.O.Box---------------------  Yours faithfully

 Signature of the Directors/Partner(s) etc.

Dated:-

Note:- The persons seeking registration for water rafting/skiing under the category of adventure and

sports Tour operator shall produce the certificate/documentary proof duly issued by the Skiing

Federation/Association of India.*

 

DEPARTMENT OF TOURISM

GOVERNMENT of JAMMU AND KASHMIR

FORM-IV

Certificate of Registration of ―Dealer‖

This is to certify that --------------------------------S/O:-------------------------------------R/O:---------------------

----------------------Dealer in----------------------------------------has/have been registered under the Jammu

and Kashmir Registration of Tourist Trade Act, 1978, to carry on business as a dealer in the following

notified articles in ---------------------------------------------area/areas. The certificate is valid up to------------

------------

Name of the notified articles

1

2

3

4

5

6

a) This registration is hereby renewed up to ----------------------------------------------

DEPARTMENT OF TOURISM

GOVERNMENT of JAMMU AND KASHMIR

FORM-V

Certificate of Registration of ―Hotel‖

This is to certify that --------------------------------S/O:-------------------------------------R/O:---------------------

---------------------- has/have been registered under the Jammu and Kashmir Registration of Tourist Trade

Act, 1978, to operate the said hotel/hotels---------------------------------

a) Name of the Hotel

2. Area where the hotel is operated

3. This certificate is valid up to-------------

4. This registration is hereby renewed up to------------------------

                 Dated:  __________________                                                          Prescribed Authority

DEPARTMENT OF TOURISM

GOVERNMENT of JAMMU AND KASHMIR

FORM-VI

Certificate of Registration of ―Travel Agent or Excursion Agent‖

This is to certify that --------------------------------S/O:-------------------------------------R/O:---------------------

---------------------- has/have been registered under the Jammu and Kashmir Registration of Tourist Trade

Act, 1978, to carry on the business of Travel Agent/Excursion Agent in Jammu and Kashmir State. The

certificate is valid up to------------------------

 Dated_________________                                                                        Prescribed Authority

 

FORM-VII

Notice under rule 8 of the Jammu and Kashmir Registration of Tourist Trade Rules 1978

To ……………………….

 S/O: ----------------------------

 R/O: ----------------------------

 Registered No.

 Whereas you ----------------------- have ceased to be a dealer within the meaning of the ―Jammu and

Kashmir Registration of Tourist Trade Act, 1978‖.

(i) Having been convicted of an offence under chapter XIII/XVII of the Jammu & Kashmir State

R. P. Code, Samvat 1989. (ii) Having been convicted under the Hoarding and profiteering prevention ordinance Svt. 2000.

(iii) Having been convicted under section ……………of the Jammu and Kashmir Registration of

Tourist Trade Act, 1978.

(iv) Having been declared an insolvent by the court of competent Jurisdiction and has not been discharged.

(v) Having been blacklisted under clause ………. Of the Jammu and Kashmir Registration of

Tourist Trade Act, 1978.

(vi) Having been convicted any offence punishable under any law providing for the prevention of

smuggling and corruption.

 And whereas your name is liable to be removed from the Register under section 6 of the

registration of Tourist Trade Act, 1978.

 Now, therefore, notice is hereby given to you to show cause within 7 days of the receipt of this

notice as to why your name should not be removed from the register on the grounds specified above.

                                                                                                                                              Prescribed Authority.

Note: Delete the unnecessary items at the time of issue of the notice

FORM-VIII

Notice under rule 8 of the Jammu and Kashmir Registration of Tourist Trade Rules 1978

To

 ……………………….

 S/O: ----------------------------

 R/O: ----------------------------

 Registered No.

  Whereas you ----------------------- have ceased to operate within ------------------------------------------

------.

(i) Having been convicted of an offence under chapter XIII/XVII of the Jammu & Kashmir State

R. P. Code, Samvat 1989.

(ii) Having been convicted under the Hoarding and profiteering prevention ordinance Svt. 2000.

(iii) Having been convicted under section ……………of the Jammu and Kashmir Registration of

Tourist Trade Act, 1978.

(iv) Having been declared an insolvent by the court of competent Jurisdiction and has not bee

discharged.

(v) Having been blacklisted under clause ………. Of the Jammu and Kashmir Registration of

Tourist Trade Act, 1978.

(vi) Having been convicted any offence punishable under any law providing for the prevention of

smuggling and corruption.

And whereas your name is liable to be removed from the Register under section 6 of the registration of

Tourist Trade Act, 1978.

 Now, therefore, notice is hereby given to you to show cause within 7 days of the receipt of this

notice as to why your name should not be removed from the register on the grounds specified above.

                                                                                                                                          Prescribed Authority.

Note: Delete the unnecessary items at the time of issue of the notice

 

FORM-IX

Notice under rule 8 of the Jammu and Kashmir Registration of Tourist Trade Rules 1978

To

 ……………………….

 S/O: ----------------------------

 R/O: ----------------------------

 Registered No.

 Whereas you have ceased to Act as Travel Agent within the meaning of the ―Jammu and Kashmir

Registration of Tourist Trade Act, 1978‖.

(i) Having been convicted of an offence under chapter XIII/XVII of the Jammu & Kashmir State

R. P. Code, Samvat 1989.

(ii) .Having been convicted under section ……………of the Jammu and Kashmir Registration of

Tourist Trade Act, 1978.

(iv) Having been declared an insolvent by the court of competent Jurisdiction and has not bee

discharged.

(v) Having been blacklisted under clause ………. Of the Jammu and Kashmir Registration of

Tourist Trade Act, 1978.

(vi) Having been convicted any offence punishable under any law providing for the prevention of smuggling and corruption.  And whereas your name is liable to be removed from the Register under section 6 of the registration of  Tourist Trade Act, 1978.

Now, therefore, notice is hereby given to you to show cause within 7 days of the receipt of this notice as to why your name should not be removed from the register on the grounds specified above.

                                                                                                                                      Prescribed Authority.

Note: Delete the unnecessary items at the time of issue of the notice

FORM-X

To

---------------------------------

---------------------------------

---------------------------------

Sir,

I/We request that I/We may be allotted one mooring Site/Ghat I/We submit that my/ourRegistration

Certificate as----------------------------issued under No--------------------------dated------------------------has

been lost/damaged/destroyed and in order to continue my business in accordance with the Law. I

am  desirous of having a fresh Certificate which may kindly be issued in my favour.The other

particulars of  my business are as under:- 

 

-------------------------------------

-------------------------------------

-------------------------------------

------------------------------------

(Sd)

FORM-XI

  I/We request that I/We may be allotted one mooring Site/Ghat in--------------- area for mooring my/our boat as required within the meaning of Jammu and Kashmir Registrationof  Tourist Trade Act 1978 necessary particulars are mentioned below

1. Name of the Owner

 2. Name of the boat

 3. Present address

 4. Period for which the boat is intended to be moored

 5. Name of the Tourist, if any occupying the boat

 At the time or putting up the application.

                                                                                                                                    Signature of the applicant

FORM-XII (TOURIST REGISTER)

Name of the          Full residential               No. of                  Date of                              Date of

  tourist                       address                      persons                arrival                              Departure

  (1)                              (2)                                   (3)                       (4)                                       (5)

 

Charges              Rooms                        Signature                            Advance                                Receipt No.

Per day             allotted                    of tourist                                   if any                                       & Date

(6)                             (7 )                        (8)                                               (9)                                               (10)

Amout                                                                                                           Bill/Receipt

Paid                                                                                                                No. & date

(11)                                                                                                                        (12)

FORM XIII ORDER BOOK

The firm-----------------------------------------------place----------------------------------------

Date of                                   Name and address                              Full description of the articles/ being

placing the                                 of the person                                ordered with size, quality design colour.

order                                         placing the order etc

--------------------------------------------------------------------------------------------------------------------------------------

(1)                                                       (2)                                                                          (3)

--------------------------------------------------------------------------------------------------------------------------------------

Permanent address                       Present address                                 Date by which the goods are to be

of the person placing                    in the state                                                dispatched

order.

--------------------------------------------------------------------------------------------------------- ---------------------------

 (4)                                                                  (5)                                                                  (6)

--------------------------------------------------------------------------------------------------------- ---------------------------

 Total value of                                            Amount paid in                                 Balance if any, payable in

the goods                                                   advance in foreign/                           foreign/Indian currency

ordered                                                        Indian currency                                 and the time when payable

------------------------------------------------------------------------------------------------------ ---------------------------

 (7)                                                                             (8)                                                                      (9)

-----------------------------------------------------------------------------------------------------------------------------------

 Brief record of terms and                                           Signature of the customer and the

conditions if any, between                                       owner for representative of the the firm

customer and the firm

------------------------------------------------------------------------------------------------------ ------------------------------

(10)                                                                                                                         (11)

-----------------------------------------------------------------------------------------------------  ------------------------------

APPLICATION FOR REGISTRATION OF PERSONS CONDUCTING BUSINESS UNDER

RULE (24) OF THE REGISTRATION OF TOURIST TRADE ACT, 1978.*

FORM XIV

To,

 The Prescribed Authority

Sir,

 I/We …………………………………. Request that I/We may be registered as a Taxi Shikara

Boat Owners/Bathing Boat Owner/Dandi Owner/Pony Walla, Sledge Walla, Motor Launch

Owner/Tourist Guide Camping Agent/Camping equipment Vender,Surf Riders and Water Skiing within

the meaning of Jammu & Kashmir Registration of Tourist Trade Act, 1978 for the year …………….. The

other particulars of the trade are as under *:-

1. Name of the person with full address

Intending to operate…………………

Or is already operating……………..

2. Name of the Tourist area where the business

Is to be conducted.

3. Name of the proprietor

4. Whether the pony/Sledge or………..

Is passed/classified by the notified

Area committee of…………………

5. Whether the applicant is a permanent

Resident of the Jammu and Kashmir State. 

 Signature of the applicant.

Note:- Sledge Owner, Pony Walla or Dandi Walla should produce the Certificate or documentary

 proof of having been licensed by the respective Notified Area Committees.

 

 

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The Department of Tourism, J&K is the main developmental, promotional and regulatory arm of the J&K Government. Its main role comprises of overall planning and execution of schemes for the development, up-gradation and improvement of the tourism infrastructure in different parts of the State.
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