Chapter I PRELIMINARY

(1) This Act may be called the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015.

1. (2) It shall come into force on such date, as far as possible not later than six months from the date of its publication in the Official Gazette, as the Government may, by notification appoint.

1. (a) “Council" means the State tourism council constituted under section 3;
2. (b) “Chairperson” means the Chairperson of the Council constituted under section 3;
3. (c) “Government” means the State Government;
4. (d) “Government agency” means a Government undertaking, Local Authority or body or corporation established by or under any law and owned or controlled by the Government or any other body or authority owned or controlled by the Government, holding not less than fifty-one percent of paid-up share capital in such corporation or body;
5. (e) “Government tourism entities” shall include any State Government Department or Government entities responsible for or entrusted with the development and promotion of tourist destination or tourism;
6. (f) “Local authority” means any Gram panchayat, Town panchayat, Municipal council, Municipal corporation, development authority or other statutory authority which is a local

self Government entrusted with the control or management of any area;

1. (g) "Malpractice" means,-
   • (i) touting which shall include pestering any tourist or group of tourists for availing facilities of shopping, accommodation, transportation, sightseeing or even going to the extent of harassing tourist to visit any particular premises or establishment, or tourism operator connected with tourism trade or any other establishment where tourist would like to stay or purchase something; Explanation.- Any recognized, registered or bonafide tourism operator already

engaged by any tourist or whose services were hired or resorted by the tourist voluntarily, when receives or contacts any tourist at any place where tourist visits, such person while so receiving or contacting shall not be treated as a tout within the meaning of this clause;

1. (ii) charging a price higher than that displayed or declared;
2. (iii) charging remuneration higher than that fixed;
3. (iv) failure to display prices;
4. (v) failure to display tariff;
5. (vi) failure to give cash memo or credit memo;
6. (vii) failure to execute an order according to terms agreed within reasonable time after the expiry of the period for performance of the obligation;
7. (viii) charging tariff higher than fixed and displayed;
8. (ix) the receiving and paying of any monetary gratification or commission for touting, coercing or forcing the tourist;
9. (x) use of misleading names and logos such as palace, fort, haveli even when requisite characteristics of such places are missing; or showing of incorrect star rating of a hotel or showing names or abreviations and logos similar to those which are in existence since long and reputed as such; with the intention to attract the tourists or people at large by colourable imitation of established and reputed name of bonafide service providers or public bodies; and
10. (xi) any uncalled for person waiting outside any tourist place and hotel with intent to follow any tourist without his wishes; Explanation.-For the purposes of this clause,-
11. (I) delay or fault in service owing to mechanical or natural failure of any system or apparatus despite due care and caution would not amount to be malpractice;
12. (II) inability of any service provider to perform its commitments owing to vis major or State action, shall not be treated as a malpractice;

1. (h) “Member” means member of the Council constituted under Section 3;
   • (i) “Member Secretary” means the member secretary of the Council constituted under Section 3;
2. (j) ‘‘Nuisance" includes any act of commission or omission or carrying on of any activity, process, operation which causes or is likely to cause injury, danger, annoyance to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property;
3. (k) “Prescribed” means prescribed by rules made under this Act;
4. (l) “Prescribed Authority” means authority appointed by the Government by rules for the purpose of this Act. Different Authorities may be prescribed for different provisions of the Act;
5. (m) “Public Private Partnership” means an arrangement between Government or its agency on one side and a private sector participant on the other, for the provision of public assets or related services for public benefit, through investments being made by or management undertaken by the private sector participant for a specified period of time, where there is a substantial risk sharing between the Government and the private sector participant and where the private sector participant receives performance linked payments that conform to specified, pre-determined and measurable performance standards;
6. (n) “Regulations” means regulations made under this Act;
7. (o) “Tour guide” means a person who, for reward, accompanies tourists visiting any tourist destination and furnishes information or comments with regard to any matter of significance, historical, archaeological, botanical, ethnological, cultural, social or other interest with respect to such location;
8. (p) “Tourism trade” means and includes such class of facilities, service, activities or products relating to tourism, as may be prescribed, provided to a tourist in a premises or by any person or travel agency regularly or occasionally and includes facilities services or activities relating to tourism including medical tourism, eco tourism, rural tourism, water tourism, caravan tourism and adventure tourism or any other class of tourism by whatever name called and home stay, hotel, resort, wellness centre, visitor information centre,

interpretation centre, water sports, boat house, way side amenity, dormitories as may be prescribed.

1. (q) “Tourism operator” in relation to a tourism trade, means any person, company, association or firm or any other body who conducts or operates a tourism trade or who is responsible for its management;
2. (r) “Tourist” means a person travelling to and staying in a place outside his usual place of residence for more than twenty-four hours, but not more than one consecutive year, for any purpose not being a work related activity remunerated from within the place visited; Explanation: For the purposes of this clause,-
   • (i) person coming to establish residence in the State;
   • (ii) persons visiting their home town or native place on a short visit for meeting relatives and friends, attending official work, social and religious functions etc. and stay in their own homes or with the relatives and friends and not using any tourism Facilities;
   • (iii) foreigners resident in the State having taken up job or occupation in the State; shall not be regarded as tourists;
3. (s) “Tourist destination” means any area, place, site or location in the State where tourist visit frequently and notified as such by the Government in this behalf;
4. (t) “Tourist mitra” means the tourist mitra appointed under Section 17;
5. (u) “Touting” includes enticing, misguiding or coercing for shopping, accommodation, transportation, sight-seeing or pestering for any particular premises, including the precincts thereof, any person, establishment, dealer or manufacturer for personal consideration; Explanation.- Whoever loiters around airports, railway stations, bus stands, markets or any other places frequented by tourists with the intention of offering unsolicited service to the tourist or pestering or coercing to use any such service and exhibits such conduct so as to show such intention (like following, arguing, communicating or otherwise drawing attention of tourists through words or gestures or placards or pamphlets and thereby causing obstruction or annoyance to tourists or general public) and otherwise has no reasonable explanation for frequenting in such place shall be deemed to have committed the act of touting.
   • (v) “Travel Agent” means any person or agency who, arranges for, advises on, or undertakes to provide travel arrangements for tourists including ticketing, transportation, visa, accommodation, guided tours, organised excursions or such other arrangements as may be prescribed;
6. (w) “Vice Chairperson” shall means the vice chairperson of the Council constituted under Section 3. (x)