Definitions

In this Act, unless the context otherwise requires,-

1. (a) “Authority” means the Director of Tourism, Government of Assam;
2. (b) “Appellate Authority” means an authority as notified in the Official Gazette as per section 16.
3. (c) “Adventure Sports Operator” means a person or an organisation or enterprises as the case may be associated or engaged in adventure sports such as aero-sports, rafting and similar activities, paragliding, para-motoring, hot air balloon, zip line, trekking, mountaineering, mountain biking, All-Terrain Vehicle;
4. (d) “Adventure Safety Audit Committee” means the committee constituted under section 12;
5. (e) “District Tourism Officer” means an officer of the Directorate of Tourism, Government of Assam who shall be empowered to act as an enforcing officer and have certain regulatory powers or authority to enforce tourism-related laws, regulations, and policies within their jurisdiction under the provision of this Act;
6. (f) “Government” means the State Government of Assam.
7. (g) “Government agency” means a government undertaking, local authority body or corporation established by or under any law and owned or controlled by the Government or any other body or authority owned or controlled by the Government holding not less than fifty-one per cent of the paid-up share capital in such corporation or body;
8. (h) “Guide” means a person who is authorized under the Act to engage himself as a paid guide to the tourists by accompanying them to any tourist destination and furnishing information regarding any matter of significance, historical, archaeological, botanical, ethnological, cultural, social or other interest with respect to such tourist location;
   • (i) “Health trade” means and refers to health and wellness tourism that are taken by tourists with the principal purpose to improve their health or well-being inclusive of but not limited to physical fitness programme, spa visits, medical treatment, health farms, beauty treatment and different alternative therapies derived from different cultures;
9. (j) “Heritage” means anything inherited from ancestors whether as gifts of nature to mankind such as air, water, land (including flora and fauna, groves, mountains, hills, hillocks, rocks, caves, points, walk ways, rides, water falls, lakes, rivers, gorges etc.) or as man made things such as palaces, other buildings and structures, artifacts including areas and precincts of historical, architectural, aesthetical and cultural significance covering manner of town and country planning as also way of life, generally encompassing faith, belief, ethos, art, literature, scriptures, customs, traditions, fairs, festivals, food habits and clothings and general trait of behaviour passed down from previous generations;
10. (k) “Hotel” means any premises or part of premises including hotels, heritage hotels or bungalows with heritage features built prior to a date as specified by the Government, excluding, but not limited to holiday homes, resorts, homestays, motels, tourist lodges, guest houses, bed and breakfast, river cruise and vessel, houseboat or a tent providing accommodation, caravan or service apartments as provided for monetary consideration;
11. (l) “Local authority” means any Gram Panchayat, Municipal Council, Municipal Corporation, Development Authority or other statutory authority which is a local self-government entity entrusted with the control or management of any area;
12. (m) “Revisional Authority” means the authority notified by the state Government in the Official Gazette as per section 17;
13. (n) “prescribed” means prescribed by rules made under this Act;
14. (o) “Public Private Partnership” means an agreement between the government or its agency on one side and a private sector participant on the other for the provision of public assets or related services for public benefit through investments made or management undertaken by the private sector participant for a specified period of time where there is substantial risk sharing between the government and the private sector participant and where the private sector participant receives performance compensation;
15. (p) “Service provider” means a person who provides services to a tourist and shall include,-
    • (i) hotels, heritage bungalows, resorts, motels, homestay, tent accommodations, camping facility,
    • (ii) restaurants, dhaba, guest houses, cafeterias, bars, wayside amenities centers, bed and breakfast,
    • (iii) cruise ships, cruise boats, house boats, tourist boats,
    • (iv) Water sports and outdoor sports, adventure sports, rope way,
    • (v) Golf courses, arts and crafts villages, handicraft shops or emporia, amusement park, water park, museum aquaria,
    • (vi) travel agents, tourist transport operator, tour operators, excursion agents, taxi-cabs, guides ,
    • (vii) and similar service providers providing services to the tourists whether registered as such or not.
16. (q) “State” means the State of Assam;
17. (r) “Tourist” means a person who travels for pleasure and which,
    • (i) in relation to a domestic traveler, means a person who travels to the State of Assam from outside the State or within the State to a place other than his usual place of residence and stays at hotels or other accommodation establishments such as tourist bungalows, tourist lodges, heritage bungalows, motels, houseboats or such other places for a duration of not less than twenty-four hours or one night for the purposes for pleasure holidays, leisure, sports, religious, pilgrimages, and social functions or gatherings, business conferences or meetings, study and health;
    • (ii) in relation to foreigner, means a person visiting the state on foreign passport, staying for at least twenty-four hours in the State, for the purpose of leisure (recreation, holiday, health, study, religion, sport) business, family, mission or meeting and; Explanation:- For the purpose of this clause, the following kind of travellers are not to be regarded as tourists:-
    • (i) persons coming to take up occupations or activities, which are remunerated within the state;
    • (ii) persons coming to establish residence in the state;
    • (iii) same-day visitors i.e., temporary visitors such as transit travellers, travellers on cruises who stay for less than twenty four hours which may be for the purpose of field visits or study tours conducted schools, colleges, universities or any other educational institutions.
    • (iv) persons visiting their hometown or native place on leave or short visit for meeting friends and relatives, attending official work, social and religious functions etc. and stay in their own homes or with friends and relatives and not using any sightseeing facilities;
    • (v) foreigners who have taken up jobs or occupations in the state. “Tourist area” means an area frequently visited by tourists including such place, locality or township or large geographical area containing several tourist areas to which tourists usually visit;
18. (t) “Tourist Transport Operator” means and includes but not limited to,
    • (i) a company or an individual engaged in the business of promotion of tourism by providing tourist transport vehicles on tourist circuits; or
    • (ii) any travel agency (who possesses its own vehicle or has taken a vehicle on lease for this purpose for a period of at least one year) run by a company or an individual that provides all tickets for travel by air, rail, ship, passport and visa service and also arrange tours, accommodation, entertainment and other tourism-related services; or
    • (iii) any tour operator (Company or individual) who provides transport, accommodation, sight-seeing, entertainment and other tourist related services for tourists and who possesses own vehicle or has taken a vehicle on lease for this purpose for a period of at least one year and is recognized by the Authority under this Act;
19. (u) “Malpractices means, -
    • (i) “Touting” means and includes pestering any tourist or group of tourists for shopping, lodging, transportation, sightseeing, or even harassing tourists to visit any particular premises or establishment or tourism operators connected with the tourism trade or any other establishment where tourists shall like to stay or purchase something : Provided that when any recognized and registered tourist transport operator, bonafide service provider of business operator who is already engaged by any tourist or whose services were already hired or resorted by any tourist voluntarily such person shall not be considered a tout.
    • (ii) charging a price that is more than that disclosed;
    • (iii) charging remuneration that is higher than that specified;
    • (iv) failure to display prices;
    • (v) failure to provide invoice or cash memo or credit memos;
    • (vi) failure to execute an order in accordance with the conditions agreed upon within a reasonable time after the time frame for the execution of the obligation has expired;
    • (vii) charging a higher fee than fixed and displayed;
    • (viii) accepting and providing monetary reward or commission for hawking, touting, coercing or forcing the tourist;
    • (ix) use of misleading names and logos of such places when requisite characteristics of such places are missing; or showing of incorrect star rating of a hotel or showing names or abbreviations and logos similar to those that have been in existence for a long time and are reputed as such with the intent of attracting tourists in general, by the imitation of established and reputed names of bona fide service providers or public bodies; and
    • (x) any uninvited individual loitering outside any tourist attraction or hotel with the purpose to follow any tourist without his will and cause obstruction;
    • (xi) Any kind of nuisance including any act of commission or omission or carrying out of any activity, procedure or operation that produces or is likely to create harm, danger or irritation to the senses of sight, smell or hearing or may be hazardous to life or is causing damage to health or property; Explanation — For the purposes of this clause,
20. (a) inability of any service provider to perform its commitments due to force majeure or state action shall not be treated as malpractice;
21. (b) delay or fault in service owing to the mechanical or natural failure of any system or apparatus despite due care and caution shall not amount to malpractice.
    • (v) “Water sports operator” means a person or entity owning or operating boats or Parasailing or kayaking canoeing, rafting, or such activities to tourists and includes a water sports equipment dealer.