section 3
Definitions
The Jharkhand Tourism Development and Registration Act, 2015(क) "Adventure Sports" means any sport or recreational outdoor activity involving risk to the life or limb of the participating person, either on land or in water or in air, including water-sports, air-sports, trekking, rock climbing, rappelling, bungee jumping, ballooning or any other sport as notified by the Government from time-to-time; (ख) "Adventure Sports Operator" means any person or organization or enterprise involved or proposing to be involved for the purpose of training, recreation or sport in adventure sports on a professional basis; (ग) "Amenity" includes roads, water supply, street lighting, drainage, sewerage, urinals, information centers, gift shops, waste disposal, bars, restaurants, hotels, motels, golf courses, amusement parks, guest houses, dispensaries, accommodation, hospitals and various facilities of entertainment and other such facilities and amenities, as the State Government may, by notification in the Gazette, specify for the purposes of this Act; (घ) "Authority" means the Tourism Development Authority established under section 4 of this Act; (ड) "Registration Certificate" means the certificate issued under this Act; (च) "Department" means the Department of Tourism, Art, Culture, Sports and Youth Affairs, Government of Jharkhand; (छ) "Government" means the Government of Jharkhand; (ज) "Guide" means a person who is engaged as a paid guide for tourists by himself; (झ) "Local Authority" means Municipal Corporation or Municipal Council or Cantonment Board or Nagar Panchayat or Gram Panchayat or Special Area Development Authority; (ञ) "Malpractice" includes bribery, touting, impersonation, obstructing the choice of stay or travel arrangement, charging more rent or remuneration than fixed under this Act, failing to display the rent list, failing to give a cash memo, intentionally failing to execute the order within the stipulated period and as per the agreed terms, and failing to provide accommodation facility to tourists by an adventure sports operator when available, and providing sub-standard equipment and untrained personnel; Explanation: "Touting" means forcing for accommodation facility, transport, tour, or bothering for any other service related to tourism for the consideration of personal gain from any particular premises or establishment; (ट) "Gazette" means the Gazette, Jharkhand; (ठ) "Prescribed" means prescribed by rules made under this Act; (ड) "Prescribed Authority" means the authority notified by the Government as such, but different authorities may be notified for different areas and for different provisions of this Act; (ढ) "Regulations" means regulations made by the Authority constituted under section 4 under this Act; (ण) "Rules" means rules made by the State Government under this Act; (त) "Season" means the period from 15th September to 15th March and 15th April to 15th June and the remaining period shall be "off-season"; (थ) "Tourism Unit" means any establishment as notified, providing facilities and services to tourists from time-to-time by the Government, including hotels, resorts, motels, time-share units, apartments, house-boats, motor caravans, guest houses, pilgrim stays, restaurants and bars, amusement parks, theme parks, water-sports centers, air-sports centers, training institutes for adventure sports for monetary consideration/also includes any other type of establishment notified by the Government from time-to-time doing business for tourism industry; (द) "Tourism Unit Operator" means a person who is the owner, runs or operates a tourism unit, and it also includes a person managing or operating the work on behalf of the owner; (ध) "Tourist" means any person or group of persons traveling in the State of Jharkhand including pilgrims; (न) "Travel Agent" means a person engaged in the business of travel arrangements for tourists for monetary consideration; Explanation: The term "travel arrangement" includes: (a) arrangements for transport by any means; (b) arrangements for accommodation with or without food; and (c) performing other services, such as arrangements for sports and games or obtaining or transmitting personal luggage of the tourist or arrangements for taking photographs of the tourist, hiring guides, photographers, arranging for equipment for travel or adventure sports. In this Act, unless there is anything repugnant in the subject or context: (a) "adventure sports" means an outdoor activity undertaken for sports or recreation on land or in water or in the air as the case may be, which shall include water sports, aero-sports, trekking, rock climbing, rafting, bunji-jumping and ballooning with an inherit risk to the life or limb of the participant or any other sports as may be notified by the Government from time to time; (b) "adventure sports operator" means any person or organization or enterprise, as the case may be engaged in or offering to engage for adventure sports on commercial basis i.e. for the purpose of training, recreation or sports; (c) "amenity" includes roads, water-supply, street lighting, drainage, sewerage, toilet, information centre, souvenir shop, garbage disposal, bar, restaurant, hotel, motel, golf course, amusement park, guest house, school, housing, hospital and various recreation facilities and such other convenience and facility as the State Government may, by notification in the Official Gazette, specify to be an amenity for the propose of this Act; (d) "Authority" means Tourism Development Authority established under Section 4 of this Act. (e) "Certificate of Registration" means a certificate issued under this Act. (f) "Department" means the Department of Tourism, Art Culture, Sports & Youth Affairs, Jharkhand. (g) "Government" means the Government of Jharkhand; (h) "guide" means a person who engages himself as a paid guide for the tourists; (i) "local authority" means the Municipal Corporation or Municipal Council or Cantonment Board or Nagar Panchayat or Gram Panchayat or Special Area Development Authority; (j) "malpractice" include cheating, touting, impersonation, obstruction in allowing free choice for stay or travel arrangement, charging rent or remuneration higher than that fixed under this Act 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, failure to provide accommodation to the tourists when available, failure to provide promised facilities and providing substandard equipment and untrained personnel by the adventure sports operator; Explanation - The expression "touting" means coercing for accommodation, transportation, sight seeing or pestering for any particular premises, establishment or any other services connected with tourism with the consideration of personal benefit; (k) "Official Gazette" means the Rajpatra, Jharkhand; (l) "prescribed" means prescribed by rules made under this Act; (m) "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; (n) "regulation" means a regulation made under this Act by the Authority constituted under Section 4; (o) "rule" means a rule made under this Act by the State Government. (p) "season" means the period from 15th September to 15th March and from 15th April to 15th June ; and rest of the period shall constitute "off-season"; (q) "tourism unit" means any establishment providing facilities and services to the tourists and includes hotel, resort, motel, time share unit, appartment, house boat, motor caravan, guest house, yatri niwas, restaurant and bar, amusement park, theme park, water sports centre, aerosport centre, golf course, handicraft village complex, camp river cruise, lake cruise project light and sound show adventure sports complex, training institutes for adventure sports or tourism industry doing business for a monetary consideration and any others type of establishment as may be notified by the Government from time to time; (r) "tourism unit operator” means any person who owns, runs or operates a tourism unit and includes a person managing or operating the affairs on behalf of the proprietor; (s) "tourist" means a person or group of persons, including pilgrims visiting the State of Jharkhand; and (t) "travel agent" means a person engaged in the business of making travel arrangements for tourists for monetary consideration; Explanation - the expression "travel arrangements" includes :- a) arrangement for transportation by any mode; b) arrangement for lodging with or without food; and c) rendering other services such as arranging for games and sports, receipt or despatch of personal belongings of a tourist or taking photograph(s) of a tourist, hiring of guides photographers, arranging equipment for travel or adventure sports.
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