Amendment status not verified — confirm the current text below against the official source.
Prohibition of certain activities in tourist destinations.- (1) No person shall,- (a) commit any act of touting or malpractice against any tourist or engage in begging or hawking articles for sale at any tourist destination; (b) abet commission of any act of touting or malpractice against any tourist and begging or hawking of articles for sale in tourist destination; and (c) attempt to commit any act of touting or malpractice against any tourist in tourist destination. (2) Any person who,- 1[(a) Any person who contravenes the provisions of clause (a) of sub-section (1) by committing any act of touting or malpractice against any tourist, or by engaging in begging or hawking articles for sale at any Area or Place of Tourism Significance, where such practice is prohibited by rules or specific orders, shall be liable to penalties and administrative sanctions to be imposed by the Prescribed Authority or Adjudicating Officer, or by Tourist Mitra for minor initial infractions in accordance with such procedure as may be prescribed. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. Where the offender is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed Authority or Adjudicating Officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer shall order the cancellation termination or of such license or No Objection Certificate or registration: Provided that, no such monetary penalty or administrative sanction (beyond minor on-the- spot penalties by Tourist Mitra, if prescribed for specific minor acts) shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be such as may be prescribed.” (b) Any person who contravenes the provisions of clause (b) of sub-section (1), by abetting the commission of any act of touting or malpractice against any tourist, or the act of begging or hawking of articles for sale in any Area or Place of Tourism Significance (where prohibited), shall be liable to penalties and administrative sanctions to be imposed by the prescribed authority or adjudicating officer in accordance with such procedure as may be prescribed. 14 (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. Where the abettor is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer shall order the cancellation or termination of such license or No Objection Certificate or registration: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be such as may be prescribed. (c) Any person who contravenes the provisions of clause (c) of sub-section (1) by attempting to commit any act of touting or malpractice against any tourist in any Area or Place of Tourism Significance, shall be liable to penalties and administrative sanctions as follows, to be imposed by the prescribed authority or adjudicating officer in accordance with such procedure as may be prescribed. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where the offender is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months, or in cases of persistent attempts indicating a clear intent to defraud or harass, may order cancellation: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be as may be prescribed.]1 (3) Any person who engages himself in hawking articles for sale and committed offence under sub section (1) shall be dispersed by the tourist mitra and such person shall be directed to leave the area and remove himself beyond that area. The tourist mitra shall record the entry of this fact in a diary which shall be maintained by him in the prescribed manner. (4) Whenever any person to whom direction has been given under sub-section (3) to remove himself from the tourist destination- (a) fails to remove himself as directed; or (b) having removed himself, 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. (5) Whoever further engages himself in hawking articles for sale, even after having committed violation under sub-section (3) and his consequential removal under sub-section (4), the offender shall be arrested by any Police Officer and shall be produced before any officer not below the rank of Tahasildar authorised in this regard by the Deputy Commissioner of the local area where the offence is committed, who shall record the statement of the Police Officer as well as of the offender and peruse the daily diary or other record showing events of violation of this Act by the offender and after 15 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 prescribed officer shall impose a fine not exceeding rupees five hundred for violation of provisions of sub-section (4). 1[(6) Whoever, having been previously directed to remove themselves under sub-section (3), or (4), and subsequently penalized under sub-section (5), for engaging in hawking articles for sale (where prohibited), commits any further violation of the prohibition on hawking articles for sale in any Area or Place of Tourism Significance, shall be liable to further penalties and administrative sanctions to be imposed by the Prescribed Authority or Adjudicating Officer, which shall be an officer at or above the rank of Tahsildar in accordance with such procedure as may be prescribed. (i) For the first such further violation (after penalty under sub-section (5), such person shall be liable to a significantly higher monetary penalty as may be prescribed. If the hawker operates under any form of local permit or license for any activity, the Prescribed Authority or Adjudicating Officer may order its suspension for a period which may extend to three months. (ii) For the second such further violation, such person shall be liable to a monetary penalty, substantially higher than the previous, as may be prescribed. Any such permit or license may be suspended for a period which may extend to six months. (iii) For the third or any subsequent such further violation, such person shall be liable to a monetary penalty, substantially higher again, as may be prescribed in the rules. In addition, any such permit or license shall be cancelled or terminated, and the person may be debarred from hawking in specified tourist areas for a defined period. Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The aspect of arrest by police for this regulatory contravention shall be removed. The criteria for determining repeat offenses and the appellate mechanism shall be as may be prescribed.]1