Section 13 in Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010
13. Prohibition of certain acts and activities in the tourist places, areas and destinations.
(1)Notwithstanding anything to the contrary contained in any Rajasthan law, no person shall engage in the practice of touting, begging and hawking articles for sale in or around any tourist place, areas or destinations.(2)Whoever engages in actual practice of touting at any place in or around any tourist area or tourist destination, shall be arrested without warrant by any Police Officer and shall be produced before the Judicial Magistrate, having jurisdiction, and such person shall, on conviction, be punished with rigorous imprisonment which may extend to three months or with a fine which may extend to rupees three thousand or with both.(3)Whoever commits subsequent offence of touting in violation of provisions of sub-section (1), and engages in the practice of touting even after having been punished once under sub-section (2), shall be arrested without warrant by any Police Officer and shall be produced before the Judicial Magistrate having jurisdiction and such person shall, on conviction, be punished with rigorous imprisonment which may extend to three years or with fine which may extend to rupees thirty thousand or with both.(4)Whoever, habitually engages in the practice of touting even after having been punished more than once i.e. under sub-section (2) and sub-section (3) shall be arrested without warrant by any Police Officer and shall be produced before the Judicial Magistrate having jurisdiction and such person, on conviction, be punished with rigorous imprisonment which may extend to seven years or with fine which may extend to rupees one lath or with both.(5)Whoever practices begging or engages himself in hawking articles for sale at any place of tourist importance or any tourist destination or in any tourist area, shall, upon first contravention of prohibition made under sub-section (1), shall be dispersed by the Tourist Assistance Force Personnel and such person shall be removed from that area.(6)Whenever it appears to any Tourist Assistance Force Personnel that any beggar or hawker or a body of such person whose activities are prohibited under sub-section (1), have entered in the tourist area, shall direct the persons contravening the prohibition to leave the area and remove themselves beyond that area.(7)Whenever there is reasonable apprehension or likelihood of entry of persons or group of beggars or hawkers whose activities are prohibited under sub-section (1), the Tourist Assistance Force Personnel shall prevent their entry in the tourist area and direct them not to enter there. The Tourist Assistance Force Personnel shall record the entry of this fact in a diary which shall be maintained by them in the prescribed manner.(8)Whenever any person or group of persons to whom direction has been given under sub-section (6) or sub-section (7), to remove himself or themselves from the tourist area,-(a)fails to remove himself or themselves as directed; or(b)having removed himself or themselves, re-enters the area or part thereof- shall be apprehended and removed from that area by any Police Officer and released outside that area and entry of such apprehension and release shall be recorded in the daily diary maintained at the police station.(9)Whoever commits further violation of the prohibition imposed on begging or hawking articles for sale in any tourist area under sub-section (1), even after having committed violations under sub-sections (6) or (7) and his consequential removal under sub-section (8), the offender shall be arrested by any Police Officer and shall be produced before any officer of the Tourism Department, not below the rank of Assistant Director who shall record the statement of the Police Officer as well as of the offender and peruse the daily dairy or other record showing events of violations of this Act by the offender and after hearing the offender and the Police Officer record his findings in a summary manner and where the offender is found to be guilty of violation of prohibition as aforesaid in this section, the concerned officer of Tourism Department shall impose a fine not exceeding rupees five hundred for violation of provisions of sub-section (1).(10)Whoever commits any subsequent violation of the prohibition imposed on begging or hawking articles for sale in any tourist area under sub-section (1), even after having been punished under sub-section (9), shall be arrested without warrant by any Police Officer and the offender shall be produced before the Judicial Magistrate, having jurisdiction, and shall, on conviction, be punished with rigorous imprisonment which may extend to three months or with a fine which may extend to rupees three thousand or with both.Chapter VI Duties of local authorities towards Public Health and Sanitation in the Tourist area.
