The Goa, Daman and Diu Registration of Tourist Trade Act, 1982
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7. Insertion of new Chapter IV A
After Chapter IV of the principal Act, new Chapter IV-A (Registration of Tour Operators, Water Sports and Adventure Sports Operators, etc.) comprising sections 19A to 19D shall be inserted. 19A. Registration.— (1) No person shall, in the tourist area, carry on the business of a tour operator, water sports operator, adventure sports operator, spice plantation or of providing temporary huts for the purpose of accommodation, unless he is registered in accordance with the provisions of this Act. (2) Every person intending to start business under sub-section (1) shall apply for registration to the prescribed authority in the prescribed manner, alongwith prescribed fee. (3) Notwithstanding anything contained in sub-section (2), any person already engaged in any of the business as specified under sub-section (1) shall apply for registration within three months from the date of commencement of the Goa Registration of Tourist Trade (Amendment) Act, 2011. (4) Every application made under sub-sections (2) or (3) as the case may be, disposed off within a period of one month from the date of receipt of the application. 19B. Certificate.— The prescribed authority shall, unless registration is refused under section 19D, direct that the name and particulars of the person starting business as specified in sub-section (1) of section 19A, be entered in the register maintained for the purpose and issue a certificate to the person in the prescribed form subject to such terms and conditions and on payment of such fees as prescribed. 19C. Renewal of Certificate of Registration.— (1) The Certificate of Registration issued under section 19B shall be valid for a period of one year from the date of issue and shall be renewable before its expiry on payment of fees as prescribed. 19D. Refusal to register.— (1) The prescribed authority may refuse to register the business as specified in sub-section (1) of section 19A on any of the following grounds, namely:– (a) if the applicant does not possess essential requirements or qualifications as prescribed; (b) if he has been convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 (45 of 1860) or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling, profiteering, adulteration of food or drugs, or corruption and a period of two years have not elapsed since the termination of the sentence imposed upon him; (c) if he has been declared as an insolvent by a Court of competent jurisdiction and has not been discharged; (d) if registration is refused to him and a period of three months have not been elapsed from the date of refusal; (e) if in the opinion of the prescribed authority there is sufficient ground to be recorded in writing, for refusing registration. (2) No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard”. under clause (k) of section 2, shall apply for registration within three months from the aforesaid date. (3) Every application made under sub-section (1) shall be disposed off within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration.
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8. Amendment of section 22
In section 22 of the principal Act,— (i) for the words “travel agent”, the expression “travel agent or as mentioned in sub-section (i) of section 19A” shall be substituted; (ii) for the letters and figures “Rs. 10,000/-” the letters and figures “Rs. 1,00,000/-”, shall be substituted. Explanation.— A person who has made an application for renewal of certificate before the date of its expiry and if the same is pending disposal then he shall not be a defaulter for the purposes of this section”.
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9. Refusal to register a hotel
(1) The prescribed authority may refuse to register a hotel under this Act on any of the following grounds, namely:-
(a) if the hotel-keeper is convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption and two years have not elapsed since the termination of the sentence imposed upon him; (b) if the hotel-keeper has been declared an insolvent by a Court of competent jurisdiction and has not been discharged; (c) if the name of the hotel-keeper has been removed from the register under clause (c) or clause (d) of section 10 and three months have not elapsed since the date of removal; (d) if the hotel-keeper does not hold a licence or certificate required to be held by him under any law for the time being in force; (e) if in the opinion of the prescribed authority there is sufficient ground, to be recorded in writing, for refusing registration. (2) No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard.
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10. Removal of the name from the Register
(1) The prescribed authority may, after giving an opportunity of being heard by an order in writing, remove the name of a hotel from the register and cancel its certificate on any of the following grounds, namely:
(a) if the hotel-keeper ceases to operate the hotel in the tourist area for which it is registered; (b) if the hotel-keeper is convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption; (c) if the hotel-keeper is declared an insolvent by a Court of competent jurisdiction and has not been discharged; (d) if any complaint of malpractice is received and proved against a hotel-keeper. (2) Any hotel the name of which is removed from the register under sub-section (1) shall forthwith cease to operate.
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11. Classification of hotels and fixation of rates
The prescribed authority may after following the procedure as may be prescribed and after giving an opportunity of being heard to the hotel-keeper, by notification in the Official Gazette, classify the hotels and award a grade to each hotel and also fix the reasonable maximum rate and the service charges, if any, commensurate with the standard of the hotel and the quality of food, accommodation and service, which may be charged by the hotel-keeper for board or lodge or for both from the person staying therein or from other customers:
Provided that nothing in this section shall apply to the hotels which are classified or graded by the Government of India or any board or authority under the Government of India or by or under an Act of Parliament.
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12. Hotel-keeper to display information
Every hotel-keeper shall cause to be displayed at some conspicuous place of the hotel, such information as may be prescribed.
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13. Hotel-keeper to present detailed bill
Every hotel-keeper shall render detailed bills to the persons residing in the hotel and other customers and shall give receipts in acknowledgment of all payments.
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