(1)Licensing Authority. -(i)The licensing authority for the purpose of tour, operator excursion agent/travelling agent licence shall be any officer empowered by Secretary [(Tourism)] [Substituted vide notification no. 23 (127)/2007/Tpt/Ops./92 dated 24-03-2009].(ii)The licence shall be valid for a period of one year in the first instance and will be renewable annually.(iii)[ * * *] [Deleted vide notification no. F. 19 (74)/Tpt/2000/Sectt./315 dated 23-08-2004](2)[ An application for the grant and renewal of travelling agent's licence /tour operator's/ excursion agent's licence [(shall be made to Tourism Department of the State Government in form T.T.O. alongwith)] [Substituted vide notification no. F. 19 (74)/Tpt/2000/Sectt./315 dated 23-08-2004] a licence fee of two thousand rupees.](3)Security for compliance with conditions. - Every travelling agent, etc. shall furnish a security of Rupees [ten thousand] [Substituted vide notification no. F. 19 (74)/Tpt/2000/Sectt./315 dated 23-08-2004] in the form of a bank draft in favour of Tourism Department, Government of National Capital Territory of Delhi.(4)Forfeiture of security. - Without prejudice to any other action that may be taken against a licensee, the licensing authority in its discretion may by an order in writing forfeit either in full or in part the security deposit of a travel agent/tour operator/excursion agent etc. if in its opinion any of the conditions under which the licence granted has been contravened by such agent:Provided that before forfeiting the security deposit of such agent the licensing authority shall give the agent an opportunity of being heard and shall record reasons in writing for such forfeiture.(5)Refund of Security. - The security deposit of a tour operator/travel agent/excursion agent, etc., unless forfeited shall be refunded at the expiry of the licence or earlier in the event of voluntary closing down of the business before the expiry of the licence.(6)Issue of duplicate licence. - If the original licence is at any time lost or destroyed the duplicate may be issued after proper verification which shall be clearly stamped in red ink "Duplicate". The fee for a duplicate licence shall be Rupee [five hundred] [Substituted vide notification no. F. 19 (74)/Tpt/2000/Sectt./315 dated 23-08-2004] only. If the original licence is subsequently found, the same shall be surrendered to the licensing authority.(7)Display of licence. - (a) Every tour operator/travel agent/excursion agent, etc., shall carry with him his licence while on duty and shall produce it on the demand by any officer authorized by the licensing authority.(b)The tour operator/travel agent/excursion agent, etc., in case of firm shall exhibit the licence at a prominent place in the office and the licence shall be made available for the inspection by any officer authorized by the licensing authority.(8)Refusal of issuing licence. - (a) The licensing authority may refuse the licence to a tour operator/travel agent/excursion agent, etc., under this rule on any of the following grounds, namely:(i)if he does not possesses the qualifications as prescribed by the State Government from time to time;(ii)if he has been convicted of an offence under Chapter XIV or XVI of the Indian Penal Code, 1860 (Act 45 of 1860) or under any of the provisions of any Act or any offence(s) punishable under any law providing for prevention of hoarding or smuggling or profiteering or adulteration of food and drugs or corruption and two years have not elapsed since the termination of the sentence imposed upon him;(iii)if he has been declared an insolvent by a court of competent jurisdiction and has not been discharged;(iv)if his name has been removed from the Register of licensees under the scheme and one year has not been elapsed since the date of removal.(b)No application for licence shall be refused unless the person applying for licence has been allowed an opportunity of being heard.(9)Removal of the agent's name from the register. - (a) The licensing authority may by an order in writing remove the name of a tour operator/travel agent/excursion agent etc., from the Register and cancel his licence on any of the following grounds, namely:(i)if he ceases to act as an agent;(ii)if he is convicted of any offence under Chapter XIV and XVI of the India Penal Code Central, 1860 of, under any of the provision of any Act or any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption;(iii)if he is declared an insolvent by a court of competent jurisdiction and has not been discharged;(iv)if any complaint of malpractice is received and proved against him;(v)if he is black-listed by the licensing authority.(b)Any agent whose name is removed from the Register under sub-rule (a) shall forthwith cease to be an agent.(10)Black-listing of Travel Agent/Tour Operators/Excursion Agent, etc. - (a) The licensing authority may on proof of any complaint of malpractice or for any other offence committed under this rule for reasons to be recorded, black-list, an agent after taking into consideration the nature of malpractice or the gravity of offence(s) for such period as licensing authority deems fit.(b)The particulars of the agent black-listed shall be exhibited at conspicuous place and notified to all travel trade and other concerned organizations, foreign missions in India and Indian missions abroad, etc.(c)The action taken under clause (a) of this sub-rule shall not protect such agent from being prosecuted under the provision of any other Act.(d)If the licensing authority is satisfied that there are sufficient grounds for the removal of a travel agent/tour operator/excursion agent, etc., from the black-list he may, after recording the reasons, order his removal from such list and issue a fresh licence on payment of the prescribed fee and notify the name for information of all concerned.(11)Notice of Removal and Black-listing. - Before removing the name of a tour operator/travel agent/excursion agent, etc. from the register under sub-rule (9) of this rule or black-listing him under the sub-rule(10) of this rule the licensing authority shall give notice of ground or grounds on which it is proposed to take action and hold any enquiry in the presence of that person thereby giving him a reasonable opportunity of showing cause against it.(12)Fixation of Rates. - The licensing authority may by notification in the official Gazette fix the reasonable maximum rates which may be charged by a tour operator/travel agent/excursion agent or guide for the service rendered by him to a person engaging him as such. Such rate list duly attested by the licensing authority shall be displayed along with the licence and also carried by the agent while on duty.(13)Tour operator/Travel Agent/Excursion Agent, etc. not to demand tip, etc. - No agent shall demand any tip, gratuity, present or commission other than that permissible under this rule from any person engaging him or from any dealer or from any hotel keeper in whose hotel such person resides or intent to reside.(14)Conditions for licence. - (a) The object of issuing licence shall be to promote the development of tourism industry.(b)The licensee shall not concern himself/herself either directly or indirectly with any vehicle that is not covered by a permit.(c)The licensee shall behave in a civil and orderly manner with passenger or passengers.(d)The licensee shall possess and maintain fully furnished office with adequate staff to attend the need of customer and to look after their luggage and shall maintain records containing complete particulars regarding names and addresses of the tourists, the fare collected from each of a group of travellers, the particulars of journeys and the particular of the contract carriage for the journey and shall furnish to the licensing authority who issued the licence, daily return showing particulars of contracts in the prescribed form, etc.(e)No person shall hold more than one licence effective to any person.(f)The licensing authority may vary the condition of licence or attach new condition(s) to such licence any time.(g)No licensee shall lend or transfer the licence to any person.(h)The licensee shall undertake to maintain an office under the charge of full time member of their shall who should be in a position to give accurate and upto date information regarding the transport and accommodation facilities, currency and customs regulation and general information about travel, etc.(i)No agent or canvasser to whom the licence is granted shall advertise in any newspaper, book list, classified directory or other publication unless, there is contained in such advertisement appearing in such newspaper, book list, classified directory or other publication, the licence number, the date of expiry of the licence and the particulars of the authority which granted the licence.(j)The licensee shall maintain a complaint book which shall be produced at the time of renewal. The renewal shall be refused if there is any serious complaint.(15)Appeal and Revision. - (a) Any licensee aggrieved by any order under these rules may appeal to the Appellate Authority within ninety days from the date of receipt of such order. The Appellate Authority shall be the Secretary [(Tourism)] [Substituted vide notification no. 23 (127)/2007/Tpt/Ops./92 dated 24-03-2009.].(b)The memorandum of appeal/revision shall be filed in writing in duplicate setting forth concisely the grounds of appeal and shall be accompanied by an authenticated copy of the order against which the appeal is made and any other document relating to the appeal alongwith a fee of [Rupees five hundred only.] [Substituted vide notification no. F. 19 (74)/Tpt/2000/Sectt./315 dated 23-08-2004.]Provided that a memorandum of appeal shall not relate to more than one order or to be signed by more than one party.(c)The appellant have a right to appear by a counsel and the prescribed authority may be represented by such officer or person as the [Secretary (Tourism) may appoint.] [Substituted vide notification no. 23 (127)/2007/Tpt/Ops./92 dated 24-03-2009.](d)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 in writing.(e)The Appellate Authority may make such order regarding refund of the fee for appeal as appears to be just and equitable.(16)Fees for supply of copies of documents. - "The authority, which passed an order to be appealed against, shall on application by the party, give a certified copy of the order or of any other relevant document on payment of a fee @ Rupees [twenty five] [Substituted vide notification no. F. 19 (74)/Tpt/2000/Sectt./315 dated 23-08-2004.] per page per copy."
