Bare ActsThe RAJASTHAN TOURISM TRADE (FACILITATION AND REGULATION) ACT, 2010.

Section 10

General conditions for all Guides

Amendment status not verified — confirm the current text below against the official source.

General conditions for all Guides.- The general conditions for all Guides are as under:- (i) All those persons who are in regular employment or in any part time employment shall not eligible for training as a Guide or for seeking certificate or license to act as a Guide in the State: Provided that a person under employment, may be allowed to join the training programme if he produces no objection certificate from his employer and executes a declaration on non-judicial stamp duly attested by a Magistrate or a Notary Public that he may quit the service before he applies for certificate or license as a Guide. (ii) Any Local Level Guide or State Level Guide if joins any regular employment anywhere or starts his own vocation at any time, shall inform the prescribed authority and surrender to him the certificate or license and identity card. (iii) All Guides licensed or deemed to be licensed under these rules shall constantly remain in contact with the concerned Tourist Information Centre or other concerned officers of the Department of Tourism at various tourist destinations in the State so as to facilitate guiding assignments. (iv) Guides licensed or permitted to act as Guide in any local area or throughout the State shall remain in constant touch with the various tourism service providers such as Managers of 39 hotels/motels, tour operators, safari organizers etc. for seeking guiding assignments, directly. (v) Each and every Guide licensed by the prescribed authority under these rules will strictly follow the provisions of the Act and these rules and all other laws including regulations and schemes framed from time to time by the State Government or the Commissioner under the provisions of the Act or these rules and under any other law by any authority competent to do so. (vi) In addition to the provisions of these rules, the Guides shall follow the directions as to good conduct and practice connected with the vocation of guides which are not inconsistent or repugnant to these rules. (vii) Any violation of the provisions of the Act and these rules may be deemed to be a misconduct or malpractice within the meaning of the Act and these rules and shall be dealt with accordingly besides cancellation of certificate or identity card of the Guide. (viii) Any change in address or taking up employment or starting own vocation shall be promptly communicated by the Guide to the prescribed authority not later than 30 days from the date when the change took place and non- compliance of this provision will be deemed as a malpractice within the meaning of provisions of the Act and shall be punishable accordingly besides making such Guide liable for cancellation of his certificate/license and identity card. (ix) The Guides shall carry with him/her the identity card issued to him/her by the Department of Tourism and also wear the name tag while accompanying tourists. (x) The Guide shall not transfer, in any way his/her identity card or any other document which may have been issued to him/her by the Department of Tourism to any other person. Any violation of this condition will make him/her liable for cancellation of certificate and withdrawal of the Identity card granted to him/her. 40 (xi) In case of loss or damage to the identity card, the Guide will immediately inform the concerned Tourism office and the nearest police station. He shall apply afresh for the duplicate identity card on the basis of first information report and statement that the card has been lost. The Guide will be responsible for the safe custody of the identity card. (xii) The Guide shall show on demand his/her identity card or any other document issued by the Department of Tourism to the officer In Charge of Archaeological Monument or to the officials of Central/ State Government Tourism Departments/ Archeological Survey of India. (xiii) The Guide will not solicit tips or testimonials from tourists. In cas where the foreign travel agent of his own accord includes gratuity for the Guide in payment, the Guide will be entitled for gratuity in addition to his prescribed fees. The Guide will not solicit any kind of testimonials or valuable material or otherwise such as free passage overseas, scholarships or subscriptions for any religious organizations etc. for himself/ herself or any other person in his/her family dependant on him/ her. (xiv) The approved Guide shall dress in a presentable manner to uphold the identity and honor of the profession to which he/she belongs and of the country. The Guide shall preferably wear Jodhpuri suite in winter and white safari in summer. The ladies shall wear Salwar Kameez or Sarees. (xv) The Guide shall charge prescribed fees only at the rates fixed by the Department of Tourism, Government of Rajasthan and shall not accept either higher or lower fees. While on duty the Guide shall always carry a copy of the schedule of charges testified and approved by the Department of Tourism, Government of Rajasthan. (xvi) The Guide shall not canvass business of any kind on behalf of the business house, travel agents, excursion agents, hoteliers, paying guest house, shopkeepers, transport operators, etc. nor 41 he would accept commission from them or indulge in any other unethical practices. (xvii) The Guide shall not enter into any other business arrangements with any of the establishments either by way of partnership or on commission basis. (xviii) The Guide shall ensure that the tourists are made aware of the shopping at establishments/ shops approved or registered and recognized as service providers by the Department of Tourism, Industries Department, Government of Rajasthan in preference to unapproved shops, establishments. (xix) The Guide shall not refuse without valid reasons any assignment given to him/her by the Tourist Office of the State Government or other agencies such as travel agents/ tour operators/ excursion agents/ hoteliers etc. (xx) The Guide shall maintain a good conduct and a courteous behavior towards tourists or officials with whom he /she comes in contact during the course of his/her assignment. (xxi) The Guide shall not act as a driver for the vehicle while guiding. (xxii) The Guide shall be liable to following penalties in case of late arrival while on call :- (a) First late arrival warning in writing. (b) Second late arrival deduction of 25% fees. (c) Third late arrival, for disqualification one month when it is within a period six months. (d) Total absence-disqualification for three months. Note: The above penalties will apply to a Guide who after having accepted an assignment does not report for duty at all except in such cases where late arrival, absence was due to circumstances beyond his/ her control. In such cases if the prescribed authority/ Tourism officer concerned is not 42 satisfied with the explanation given by the Guide, he /she will be fully empowered to recommend withdraw all of certificate and the identity card and name tag issued to him. Complaints regarding habitual late arrivals for assignment etc. will be viewed seriously and can lead to cancellation/ withdrawal of license and identify card. (xxiii) The Guide shall accept all assignments including those for Free Individual Tourist’s, groups etc. These shall be accepted as per the rules and on prescribed fee. (xxiv) The Guide shall submit a quarterly statement indicating the number of assignment handled including handling of VIP’s, groups, Free Individual Tourist’s in Form 'E' to the Tourist Reception Centre/Tourist Information Bureau of Department of Tourism. Non submission of this statement shall be viewed seriously and can lead to cancellation/withdrawal of license and identity card. (xxv) An approved Guide shall be compulsorily required to attend any short term training refresher courses that may be organized by the Department of Tourism, Government of Rajasthan from time to time. (xxvi) The Guide shall be required to submit a fitness certificate issued by Medical Jurist on entry into the profession and thereafter every 2 years to the Department of Tourism, Government of Rajasthan. (xxvii) Absence of more than a month from guiding profession must be reported to the concerned Tourism officer in writing by the Guide. (xxviii) The Guide shall report to the Department of Tourism, Government of Rajasthan in the event of his trips abroad for a period exceeding three weeks. (xxix) The identity card of a Guide who is arrested by the police for offence or misconduct involving moral turpitude shall be withdrawn during the pendency of the case against him/her. In the 43 event of his/her conviction by a court of law the identity card shall be cancelled. (xxx) The Guide shall be responsible to warn foreign tourists against taking photographs of places which are prohibited by law or which may reflect adversely on the country’s image. (xxxi) Any representation of the Guide shall first be submitted to the Tourism officer concerned. Such representation will be addressed to the Commissioner. In case of any dispute the decision of the Commissioner shall be final. (xxxii) The Guide shall retire on attaining the age of 65 years and the identity card issued to him/her shall have to be surrendered to the Department of Tourism, Government of Rajasthan. However, an exemption can be granted by the prescribed authority after approval of the Commissioner up to three years after a personal interview of the Guide and on producing a fitness certificate issued by a Medical Jurist. (xxxiii) The Local Level Guide shall accept assignments only for the District or specific area for which the certificate/identity card has been granted by the Department of Tourism, Government of Rajasthan. He will be entitled to accompany tour groups as per his/ her identity card on payment /fees by travel agents to be mutually negotiated. (xxxiv) If a Guide remains absent from active guiding service for a period exceeding 2 years due to reason of health, absence from country etc. he /she shall be deemed to have left the profession and in that event the identity card issued to him shall stand cancelled. However, in case a Guide wishes to rejoin the profession after the absence of two years, he /she will have to undergo a training programme (refresher course) to be conducted by the Department of Tourism, Government of Rajasthan every year. (xxxv) The Guide shall abide by the existing rules and any other rules or regulations and conditions that may be framed from time to time by the Department of Tourism and the Archaeological Survey of India, Department of Archaeology & 44 Museum, Government of Rajasthan, Forest Department failing which the identity card issued to him/her shall be withdrawn.

Section 10 – The RAJASTHAN TOURISM TRADE (FACILITATION AND REGULATION) ACT, 2010. | DailyLaw.ai