Removal of name of tourism unit, travel agent, guide and

adventure sports operator from the register.- The prescribed authority may, by order, in writing, remove the name of tourism unit or travel agent or

guide or adventure sports operator, as the case may be, from the register and

cancel the certificate of registration issued under section 28, on any of the following grounds, namely:-

1. (a) if the tourism unit operator or the travel agent or the guide or the adventure sports operator, as the case may be, ceases to operate the tourism unit or ceases to act as a travel agent or a guide or an adventure sports operator for which he is registered;
2. (b) if the tourism unit operator or the travel agent or the guide or the adventure sports operator, as the case may be, is convicted of any offence under Chapters-XIV and XVI of the Indian

THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 21

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;

1. (c) if the tourism unit operator or the travel agent or the guide or an adventure sports operator, as the case may be, is declared insolvent by a court of competent jurisdiction and has not been discharged;
2. (d) if the tourism unit operator or the travel agent or the guide or the adventure sports operator, as the case may be, fails to comply with any of the provisions of this Act or rules framed thereunder;
3. (e) if the tourism unit operator fails to remove a lodger or wilfully keeps the lodger in a tourism unit, who becomes a nuisance for the inmates in his tourism unit as well as adjoining building(s);
4. (f) if any complaint of malpractice is received and proved against the tourism unit operator or the travel agent or the guide or adventure sports operator, as the case may be;
5. (g) if the tourism unit operator makes structural changes in the tourism unit without the approval of the Development Authority constituted under the Himachal Pradesh Town and

Country Planning Act, 1977 (12 of 1977) or any other local

authority constituted under the local laws;

1. (h) if the tourism unit operator or the travel agent or the guide or the adventure sports operator, as the case may be, has obtained the certificate of registration by misrepresentation or fraud;
   • (i) if the adventure sports operator does not maintain equipments, manpower and other facilities according to prescribed standards for safety; and
2. (j) if the adventure sports operator does not take the precautions regarding safety measures, as may be prescribed: Provided that before removing the name of any tourism unit or the travel agent or the guide or the adventure sports operator, as the case may be, from the register under this section, the prescribed authority shall give a notice to the tourism unit or the travel agent or the guide or the adventure sports operator, as the case may be, indicating the grounds on which it is proposed to take action after giving him an opportunity of being heard.

22 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002