Section 3 in Himachal Pradesh Registration of Tourist Trade Act, 1988
3. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(a)"black-list" means a list maintained and exhibited for dealers, hotel-keepers, travel agents, guides and excursion agents who have been black-listed under the provisions of this Act;(b)"certificate of registration" means a certificate issued under this Act;(c)"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)"excursion agent" means a person engaged in or engaging himself in arranging excursions, tours or picnics for a tourist or tourists;(e)"Government" means the Government of Himachal Pradesh;(f)"guide" means a person who engages himself as paid guide for tourists;Provided that no person shall be eligible to be registered as a guide, unless he possessions such qualifications as may be prescribed;Provided further that notwithstanding any prescribed qualifications no persons who were working as guides, before the commencement of this Act, shall ipso facto be registered as such guides;(g)"hotel" means any premises or part of premises including a house-boat, restaurant, bar or a tent where lodging with or without board or any kind of eatables or beverages or other services are by way of business provided for a monetary consideration, and includes such promises as are given on rent during the season.(h)"hotel-keeper" means any person who owns or operates a the affairs of a hotel on behalf of the proprietor;(i)"local authority" means the Deputy Commissioner, Municipal Corporation, Municipal Committee, Notified Area Committee, Panchayat and Public Trust in the respective jurisdiction;(j)"malpractice" includes 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 rent or remuneration higher than that fixed under this Act; failure to display price label on each article; failure to display the rent list; failure to give cash memos; wilful failure to execute an order within the stipulated period and according to the terms agreed upon; and failure to provide accommodation to the tourists when available or providing accommodation during the season on daily/monthly rent to persons other than tourists.Explanation-I. - For the purposes of this clause, "Labelled price" (the price displayed on the label on notified article) shall be such reasonable price as may be fixed by the prescribed authority.Explanation-II. - The expression "touting" means coercing for shopping, accommodation, transportation, sight-seeing or pestering for any particular premises, persons, establishment connected with tourism with the consideration of personal benefit;(k)"notified article" means any article notified in the Official Gazette for the purpose of his Act, and for different tourist areas, different articles may be notified;(l)"Official Gazette" means the Rejpatra, Himachinal Pradesh;(m)"prescribed" means prescribed by rules made under this Act;(n)"prescribed authority" means the authority 1[notified] as such by the Government, provided that different authorities may be notified for different authorities may be notified for different areas and for different provisions of this Act;(o)"season" means the period from September 16 to June 30 and the rest of the period of the year will constitute "off season";(p)"specified accommodation" in relation to a hotel means accommodation (by whatever name called) other than the accommodation available in exclusive rooms, to be provided to persons staying in a hotel and which is of such a class as may be determined by the prescribed authority from time to time;(q)"tourist area" means any area notified by the Government in the Official Gazette to be a tourist area for the purposes of this Act;(r)"tourist" means a person or group of persons, including pilgrims, visiting any tourist area in the State of Himachal Pradesh from any part of India; and(s)"travel agent" means a person engaged in the business of making travel, camping, tour operating or other travel arrangements for tourists for a monetary consideration and includes a tourist guide and a shikar outfitter.Explanation. - The expression "travel arrangements", includes-(a)arrangements for transportation;(b)arrangements for lodging with or without board; and(e)rendering other services, such as assistance for providing convenience for game and sports or receipt or despatch of personal belonging of a tourists or taking photograph (s) of a tourist.Chapter-II Registration of Dealers
