Section 2 in Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(a)"appellate authority." means an appellate authority appointed under sub-section (2) of Section 5 and notified as such in the Official Gazette.(b)"certificate of recognition and registration." means a certificate issued under sub-section (4) of Section 4;(c)"Commissioner." means the Commissioner, Department of Tourism, Government of Rajasthan and includes the Director, whenever an officer is posted on the aforesaid post with such designation;(d)"Guide." means a person who is authorized under a licence issued under Section 8 to conduct tourists around tourist spots, monuments etc.;(e)"hawking articles for sale." means carrying and selling articles as a hawker in the tourist area for sale to the tourists and offering articles to the tourists even when not solicited and such offer is specifically spurned down and still the hawker persisting in selling the articles even by following a tourist in an undesirable manner and pestering a tourist to purchase the articles offered;(f)"heritage." includes anything inherited from ancestors whether as gifts of nature to mankind such as air, water, land (including flora and fauna, groves, mountains, hills, hillocks, rocks, caves, points, walk ways, rides, water falls, lakes, rivers, gorges etc.) or as man-made things such as forts, palaces, other buildings and structures, artifacts including areas and precincts of historical, architectural, aesthetical and cultural significance covering manner of town and country planning as also way of life, generally encompassing faith, belief, ethos, art, literature, scriptures, customs, traditions, fairs, festivals, food habits and clothings and general trait of behaviour passed down from previous generations;(g)"heritage hotel." means a hotel run in a fort, a fortress, a palace, a haveli, a castle, hunting lodge or residences with heritage features built prior to a date specified by the State Government;(h)"hotel." means any premises or part of premises where lodging with or without board or other services are by way of business or trade is provided for a monetary consideration;(i)"hotelier." means any person who operates a hotel as proprietor and includes a person managing the affairs of a hotel on behalf of proprietor;(j)"local authority." means a Municipal Corporation, Municipal Council, Municipal Board, Panchayati Raj Institution, Jaipur Development Authority, Jodhpur Development Authority or any similar Authority established by law and Urban Improvement Trusts in their respective area of jurisdiction and shall include any other authority declared as such by the State Government;(k)"malpractices.", includes,-(i)touting (which shall include pestering any tourist or group of tourists for availing facilities of shopping, accommodation, transportation, sightseeing or even goading to the extent of harassing tourist to visit any particular premises or establishment, dealer or any other service providers connected with tourism trade or any other establishment where tourist would like to stay or purchase something);Explanation. - Any recognized, registered or bonafide service provider already engaged by any tourist or whose services were hired or resorted by the tourist voluntarily, when receives or contacts any tourist at any place where tourist visits, such person while so receiving or contacting shall not be treated as a tout within the meaning of this clause;(ii)charging a price higher than that displayed and/or declared;(iii)charging remuneration higher than that fixed;(iv)failure to display prices; (v) failure to display tariff;(vi)failure to give cash memo/credit memo;(vii)failure to execute an order according to terms agreed within reasonable time after the expiry of the period for performance of the obligation;(viii)charging tariff higher than fixed and displayed;(ix)the receiving and paying of any monetary gratification or commission for touting, coercing or forcing the tourist;(x)use of misleading names and logos such as palace, fort, haveli even when requisite characteristics of such places are missing; or showing of incorrect star rating of a hotel or showing names or abbreviations and logos similar to those which are in existence since long and reputed as such; with the intention to attract the tourists or people at large by colourable imitation of established and reputed name of bonafide service providers or public bodies; and(xi)any uncalled for person waiting outside any tourist place and hotel with intent to follow any tourist without his/her wishes;Explanation. - For the purpose of this clause,-(I)delay or fault in service owing to mechanical or natural failure of any system or apparatus despite due care and caution would not amount to be malpractice;(II)inability of any service provider to perform its commitments owing to vis majeure or State action, will not be treated as a malpractice;(l)"motel." means a wayside place which provides basic amenities for tourists travelling by road including regular meals, fast food, over night accommodation, parking place etc.;(m)"paying guest" means a tourist who stays in a paying guest accommodation approved by the Department of Tourism, Government of Rajasthan or the Central Government;(n)"paying guest accommodation." means a place of residence where a tourist stays on payment for boarding and lodging and such accommodation is recognized as such by the Department of Tourism, Government of Rajasthan or the Central Government;(o)"prescribed authority." means the prescribed authority appointed by the State Government for the purpose of this Act and notified as such in the Official Gazette;(p)"Schedule." means Schedule appended to this Act;(q)"service provider." shall include hotels, heritage hotels, motels, restaurants, dhabas, Paying Guest 1-louses, handicraft shops or emporiems, travel agents, tour operators, excursion agents, travel transport agencies, taxi-cabs, Guides and similar service providers who are providing services to the tourists whether they are recognized and registered as such or not by the prescribed authority;(r)"tourism unit." means such of the service providers as have been recognized as such or may be declared as tourism unit by the State Government from time to time;(s)"tourist." means a person who travels for pleasure and which,-(i)in relation to a foreigner shall mean a person visiting the State on a foreign passport, staying at least twenty four hours in the State, the purpose of whose journey is leisure (recreation, holiday, health, study, religion and sport), business, family, mission or meeting; and(ii)in relation to domestic traveller shall mean a person who travels to the State from outside the State or within the State to a place other than his usual place of residence and stays at the hotels or other accommodation establishments (such as tourist bungalows, travellers' lodges, youth hostels etc.) or in DharamShalas, Sarais, Musafirkhanas or such other places for a duration of not less than twenty four hours or one night for the purposes for pleasure (holidays, leisure, sports etc.), pilgrimages; religious and social functions/gatherings, business conferences/meetings, study and health;Explanation. - For the purposes of this clause,-(a)persons coming to take up occupation or activities which are remunerated within the State;(b)person coming to establish residence in the State;(c)same day visitors i.e. temporary visitors such as travellers on cruises who stay for less than twenty four hours in the State;(d)persons visiting their home town or native place on leave or short visit for meeting relatives and friends attending official work, social and religious functions etc. and stay in their own homes or with the relatives and friends and not using any sight seeing facilities;(e)foreigners resident in the State having taken up job or occupation in the State are not to be regarded as tourists;(t)"tourist area." means an area frequently visited by tourists;(u)"Tourist Assistance Force." means the Tourist Assistance Force specified under Section 17;(v)"Tourist Assistance Force Personnel." means members of all ranks of the Tourist Assistance Force as specified under. Section 17;(w)"tourist destination." means such place, locality or township or large geographical area containing several tourist areas to which tourists usually visit; and(x)"travel agent", "excursion agent" or "tour operator." means and includes a person or agency engaged in the business of making travel arrangements for tourists for a monetary consideration.Chapter - II Recognition and registration of service providers and regulation of certain tourism trade related activities.
