Amendment of Karnataka Act 21 of 2015

Amendment of Karnataka Act 21 of 2015.- In the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015 (Karnataka Act 21 of 2015),-

1. (1) in section 8, for sub-section (5), the following shall be substituted, namely:- “(5) Any person or Organisation who having been found to be conducting or operating a category of tourism trade requiring mandatory registration or recognition under sub-section (3), without such valid registration, and having been subjected to an initial penalty or warming for such non-compliance under sub-section (4), continues to contrivance the provisions of sub-section (3), shall be liable to further penalties and administrative sanctions to be imposed by the prescribed Authority in accordance with such procedure as may be prescribed.
   • (a) For the first such instance of contravention, such person shall be liable to a monetary penalty as may be prescribed, Authority may order the suspension, for a period which may extend to three months of any existing trade license or No Objection Certificate
   • (NOC) from local authorities held by such person for the tourism trade concerned or may direct such authorities to suspend the same.
   • (b) For the second such instance of continued contravention, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first instance of continued contravention, as may be prescribed. In addition, the prescribed authority may order the suspension, for a period which may extend to six months of any existing trade license or No Objection Certificate from local authorities held by such person for the tourism trade concerned or may direct such authorities to suspend the same.
   • (c) For the third or any subsequent such instance of continued contravention, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second instance of continued contravention, such penalty shall be as may be prescribed. The prescribed authority shall order the cancellation or termination or direct the

trade concerned:

Provided that, no such monetary penalty or administrative sanction

shall be imposed without giving the person concerned a reasonable opportunity of being heard. The rules shall also prescribe the criteria for determining continued and repeat offenses and the appellate mechanism.”

1. (2) In section16,-
   • (a) in sub section (8), for the words, “fine and whoever repeats or continues to act as a tour guide, having been fined for such offence, shall be arrested without warrant by any police officer not below the rank of sub-

inspector”, the word “penalty”, shall be substituted; and

1. (b) for sub section (9), the following shall be substituted, namely:- “(9) Any person who, having been previously penalised under sub- section (8), for acting as a Guide without valid license or registration or in contravention of the conditions of license or registration, continues to act as such or repeats the offense, shall be liable to further penalties and administrative sanctions to be imposed by the Prescribed Authority in such manner as may be prescribed.
2. (a) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. The Prescribed Authority may order the suspension of their license or registration or recognition (If any previously obtained and is being misused or if they are operating despite a prior penalty for non registration), for a period which may extend to three months.
3. (b) For the second such repeated offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first repeated offense, as may be prescribed and the Prescribed Authority may of their license or order the suspension registration or recognition (if any) for a period which may extend to six months.
4. (c) For the third or any subsequent such repeated offence such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second repeated offence, as may be prescribed. In addition, the Prescribed Authority shall order the

cancellation or permanent revocation of any license or registration or

recognition held by such person and may debar them from applying

shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be as may be prescribed.”

1. (3) In section 19, sub-section (2) and (3) shall be omitted.
2. (4) In section 23,-
   • (a) in sub-section (2),-
     • (i) for clause (a), the following shall be substituted, namely:- “(a) Any person who contravenes the provisions of clause (a) of sub-section (1) by committing any act of touting or malpractice against any tourist, or by engaging in begging or hawking articles for sale at any Area or Place of Tourism Significance, where such

practice is prohibited by rules or specific orders, shall be liable to

penalties and administrative sanctions to be imposed by the Prescribed Authority or Adjudicating Officer, or by Tourist Mitra for minor initial infractions in accordance with such procedure as may be prescribed.

1. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. Where the offender is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed Authority or Adjudicating Officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months.
2. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months.
3. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer shall order the cancellation termination or of such license or No Objection Certificate or registration:

Provided that, no such monetary penalty or administrative

sanction (beyond minor on-the-spot penalties by Tourist Mitra, if prescribed for specific minor acts) shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be such as may be prescribed.”

1. (ii) for clause (b), the following shall be substituted, namely:- “(b) Any person who contravenes the provisions of clause (b) of sub-section (1), by abetting the commission of any act of touting or malpractice against any tourist, or the act of begging or hawking of articles for sale in any Area or Place of Tourism Significance (where prohibited), shall be liable to penalties and administrative sanctions to be imposed by the prescribed authority or adjudicating officer in accordance with such procedure as may be prescribed.
2. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. Where the abettor is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months.
3. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months.
4. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer shall order the cancellation or termination of such license or No Objection Certificate or registration:

Provided that, no such monetary penalty or administrative

sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be such as may be prescribed.

1. (iii) for clause (c), the following shall be substituted, namely:- “(c) Any person who contravenes the provisions of clause (c) of sub-section (1) by attempting to commit any act of touting or malpractice against any tourist in any Area or Place of Tourism Significance, shall be liable to penalties and administrative sanctions as follows, to be imposed by the prescribed authority or adjudicating officer in accordance with such procedure as may be prescribed.
2. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed.
3. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where the offender is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months.
4. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months, or in cases of persistent attempts indicating a clear intent to defraud or harass, may order cancellation:

Provided that, no such monetary penalty or administrative

sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be as may be prescribed.”

1. (b) for sub-section (6), following shall be substituted, namely:- “(6) Whoever, having been previously directed to remove themselves under sub-section (3), or (4), and subsequently penalized under sub-section (5), for engaging in hawking articles for sale (where prohibited), commits any further violation of the prohibition on hawking articles for sale in any Area or Place of Tourism Significance, shall be liable to further penalties and administrative sanctions to be imposed by the Prescribed Authority or Adjudicating Officer, which shall be an officer at or above the rank of Tahsildar in accordance with such procedure as may be prescribed.
   • (i) For the first such further violation (after penalty under sub-section (5), such person shall be liable to a significantly higher monetary penalty as may be prescribed. If the hawker operates under any form of local permit or license for any activity, the Prescribed Authority or Adjudicating Officer may order its suspension for a period which may extend to three months.
   • (ii) For the second such further violation, such person shall be liable to a monetary penalty, substantially higher than the previous, as may be prescribed. Any such permit or license may be suspended for a period which may extend to six months.
   • (iii) For the third or any subsequent such further violation, such person shall be liable to a monetary penalty, substantially higher again, as may be prescribed in the rules. In addition, any such permit or license shall be cancelled or terminated, and the person may be debarred from hawking in specified tourist areas for a defined period. Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The aspect of arrest by police for this regulatory contravention shall be removed. The criteria for determining repeat offenses and the appellate mechanism shall be as may be prescribed.”

1. (5) In section 24,-
   • (a) in sub section (1), after the words, “each district of the state” the words, “Penalties and administrative sanctions to be imposed by the Competent Authority or a designated Adjudicating Officer.” shall be inserted
   • (b) in sub-section (8), for the words, “on conviction be punishable with imprisonment for a term which shall not be less than three months but which may extend to three years or with fine which may extend to rupees

five thousand or with both.” the words "shall be liable to a penalty as

may be prescribed” shall be substituted.

1. (c) after sub-section (8), the following shall inserted, namely:- “(9) Minor acts (e.g., littering, causing minor nuisance) observed by

Tourist Mitra shall lead to on-the-spot warnings or minor penalties

levied by them (or by an adjudicating officer upon their report) as prescribed.

1. (10) Significant damage, deterioration, or wilful obstruction shall attract higher monetary penalties imposed by the competent authority.
2. (11) In addition, where the offender is an operator of a tourism trade or holds any licenseor No Objection Certificate or registration relevant to activities impacting the Area/ Place of Tourism Significance, the Adjudicating Officer may order the suspension of such license licenseor No Objection Certificate or registration for a period which may extend to three to six months, particularly if the offense involves negligence leading to damage or deterioration.
3. (12) Imprisonment to be considered only as a last resort for exceptionally severe, deliberate, or repeated acts causing substantial irreversible damage, with clear definitions in the Act or rules made thereunder.”
4. (6) in section 25,-
   • (a) for sub-section (1), the following shall be substituted, namely:- “(1) If any person, company, association or firm or any other body falsely represents any tourism trade as holding a mandatory recognition under this Act, or a voluntary grade which it has not been awarded, the Prescribed Authority shall, in accordance with such procedure as may be prescribed. Impose penalties and administrative sanctions as follows:-
     • (i) For the first such offense, such person or entity shall be liable to a monetary penalty as may be prescribed.
     • (ii) For the second such offense of false representation, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. The Prescribed Authority may order the suspension, for a period which may extend to six months of any other trade license or No objection Certificate from local authorities held by such person or entity for the tourism trade concerned.
     • (iii) For the third or any subsequent such offense of false representation, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed in the rules. In addition, the Prescribed Authority shall order the cancellation or termination of any other trade license or No objection Certificate from local authorities held by such person or entity for the tourism trade concerned. Provided that, no such monetary penalty ог administrative sanction shall be imposed without giving the person or entity concerned a reasonable opportunity of being heard. the criteria for

determining repeat offences and the appellate mechanism shall be

such as may be prescribed.”

1. (b) sub-section (2), shall be omitted.

1. (7) in section 26,-
   • (a) for sub-section (2), the following shall be substituted, namely:- “(2) Any person, company, association or firm or any other body who contravenes the provisions of sub- section (1) by using any brand belonging to Government tourism entities without permission or authorization shall be liable to penalties and administrative sanctions as follows, to be imposed by the Prescribed Authority in accordance with such procedure as may be prescribed.
     • (i) For the first such offense, such person or entity shall be liable to a monetary penalty as may be prescribed.
     • (ii) For the second such offense of unauthorized use (after being penalized for the first), such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. The Prescribed Authority may order the suspension, for a period which may extend to six months of any trade license or No objection Certificate from local authorities held by such person or entity for their tourism trade.
     • (iii) For the third or any subsequent such offense of unauthorized use, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. The Prescribed Authority shall order the cancellation or termination of any trade license or No objection Certificate from local authorities held by such person or entity for their tourism trade: Provided that no such monetary penalty or administrative sanction shall be imposed without giving the person or entity concerned a reasonable opportunity of being heard. The criteria for determining repeat offenses and appellate mechanism shall be such as may be prescribed.”
   • (b) for sub-section (4), the following shall be substituted, namely:- “(4) Where any person, company, association or firm or any other body, even after imposition of penalty under sub-section (2) continues to use the Government Tourism Brand, he shall, on conviction, be punishable with fine”