Amendment status not verified — confirm the current text below against the official source.
Registration, Recognition and Grading.- (1) Every category of tourism trade in the tourist destination shall be registered, recognised and graded in accordance with the procedures set out in the rules made under this Act from time to time. (2) The rules issued under sub-section (1) may in particular make provision,- (a) as to the standard and norms of the tourism trade intended to be registered under the Act; (b) for the charging of annual or other periodical fees for registration, recognition, renewal and grading; (c) for the issue and display of certificates of registration and the display of signs indicating that a tourism trade is registered; (d) for the inspection of tourism trade and for powers of entry for that purpose; (e) for requiring the criteria in accordance with which the classification or grading is carried out; (f) for the publication of any criteria so determined; (g) as to the form and contents of the register or registers to be maintained under the rules and as to the tourism trade to be registered therein; (h) benefits or incentives available for registered or graded tourism trade; and (i) such other supplementary and incidental provisions as the Government may find necessary or expedient. (3) No person shall conduct or operate any of the tourism trade in any tourist destination with respect to which the rules and regulating such tourism trade is made under this Act, unless such category of tourism trade is registered, recognised or graded: Provided that a person who is carrying on any category of tourism trade on the date of commencement of the rules regulating such category of trade may continue to carryon such trade if he has made application for registration, recognition or grading under this Act unless it is rejected: 9 Provided, further that where a tourism trade is registered by Government of India, such tourism trade may be exempted from registration and grading under this Act. The tourism operator of such facility shall provide a copy of the certificate of registration or grading, as the case may be, issued by Government of India to Department of Tourism. On verification of such certificate, the Department of Tourism may exempt such tourism trade from the requirement of registration or grading under this Act. (4) Any person found contravening sub-section (3) with respect to any tourism trade after expiry of one year from the date of commencement of this Act, shall be guilty of an offence and on conviction be liable to a fine not exceeding rupees ten thousand . 1[(5) Any person or Organisation who having been found to be conducting or operating a category of tourism trade requiring mandatory registration or recognition under sub-section (3), without such valid registration, and having been subjected to an initial penalty or warming for such non-compliance under sub-section (4), continues to contrivance the provisions of sub-section (3), shall be liable to further penalties and administrative sanctions to be imposed by the prescribed Authority in accordance with such procedure as may be prescribed. (a) For the first such instance of contravention, such person shall be liable to a monetary penalty as may be prescribed, Authority may order the suspension, for a period which may extend to three months of any existing trade license or No Objection Certificate (NOC) from local authorities held by such person for the tourism trade concerned or may direct such authorities to suspend the same. (b) For the second such instance of continued contravention, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first instance of continued contravention, as may be prescribed. In addition, the prescribed authority may order the suspension, for a period which may extend to six months of any existing trade license or No Objection Certificate from local authorities held by such person for the tourism trade concerned or may direct such authorities to suspend the same. (c) For the third or any subsequent such instance of continued contravention, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second instance of continued contravention, such penalty shall be as may be prescribed. The prescribed authority shall order the cancellation or termination or direct the concerned local authorities to cancel or terminate, any existing trade license or No Objection Certificate held by such person for the tourism trade concerned: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The rules shall also prescribe the criteria for determining continued and repeat offenses and the appellate mechanism.]1