Definitions

In this Act, unless there is anything repugnant in the subject or context,—

1. (a) "black-list" means a list maintained and exhibited for dealers, hotel-keepers, travel agents, guides and excursion agents who have been black-listed under the provisions of this Act;
2. (b) "certificate of registration" means a certificate issued under this Act;
3. (c) "dealer" means a person carrying on in a tourist area the business of selling any notified article, whether whole-sale or retail, and includes his agent or employee transacting business on his behalf;
4. (d) "excursion agent" means a person engaged in or engaging himself in arranging excursions, tours or picnics for a tourist or tourists;
5. (e) "Government" means the Government of Himachal Pradesh;
6. (f) "guide" means a person who engages himself as a paid guide for tourists: Provided that no person shall be eligible to be registered as a guide, unless he possesses such qualifications as may be prescribed: Provided further that notwithstanding any prescribed qualifications no persons who were working as guides, before the commencement of this Act, shall ipso facto be registered as such guides;
7. (g) "hotel" means any premises or part of premises including a house-boat, restaurant, bar or a tent where lodging with or without board or any kind of eatables or beverages or other services are by way of business provided for a monetary consideration, and includes such promises as are given on rent during the season;
8. (h) "hotel-keeper" means any person who owns or operates a hotel as proprietor and includes a person managing or operating the affairs of a hotel on behalf of the proprietor;
   • (i) "local authority" means the Deputy Commissioner, Municipal Corporation, Municipal Committee, Notified Area Committee, Panchayat and Public Trust in the respective jurisdiction;
9. (j) "malpractice" includes cheating, touting, impersonation, obstruction in allowing free choice for shopping or stay or travel management; charging a price higher than that displayed on the label, or rent or remuneration higher than that fixed under this Act; failure to display price label on each article; failure to display the rent list; failure to give cash memos; willful failure to execute an order within the stipulated period and according to the terms agreed upon; and failure to provide accommodation to the tourists when available. Explanation-I.—For the purposes of this clause, "labelled price" (the price displayed on the label on notified article) shall be such reasonable price as may be fixed by the prescribed authority. Explanation-II.—The expression "touting" means coercing for shopping, accommodation, transportation, sight-seeing or pestering for any particular premises, persons, establishment, dealer, manufacturer or any other service connected with tourism with the consideration of personal benefit;
10. (k) "notified article" means any article notified in the Official Gazette for the purposes of this Act, and for different tourist areas, different articles may be notified;
11. (l) "Official Gazette" means the Rajpatra, Himachal Pradesh;
12. (m) "prescribed" means prescribed by rules made under this Act;
13. (n) "prescribed authority" means the authority notified as such by the Government, provided that different authorities may be notified for different areas and for different provisions of this Act;
14. (o) "season" means the period from 15th April to 30th June; and from 15th September to 15th January; and the rest of the period will constitute "off season";
15. (p) "specified accommodation" in relation to a hotel means accommodation (by whatever name called) other than the accommodation available in exclusive rooms, to be provided to persons staying in a hotel and which is of such a class as may be determined by the prescribed authority from time to time;
16. (q) "tourist area" means any area notified by the Government in the Official Gazette to be a tourist area for the purposes of this Act;
17. (r) "tourist" means a person or group of persons, including pilgrims, visiting any tourist area in the State of Himachal Pradesh; and "travel agent" means a person engaged in the business of making travel, camping, tour, operating or other travel arrangements for tourists for a monetary consideration and includes a tourist guide and a shikaroutfitter. Explanation.—The expression "travel arrangements", includes—
18. (a) arrangements for transportation;
19. (b) arrangements for lodging with or without board; and
20. (c) rendering other services, such as assistance for providing convenience for game and sports or receipt or despatch of personal belonging of a tourists or taking photographs of a tourist.