Chapter VIII MISCELLANEOUS

It shall be incumbent on the Government to make reasonable and adequate provision by any means or measures it is lawfully competent to use or take, for each of the following matters,- construction and maintenance of road or rail to tourist destinations;

1. (a) provision for basic facilities and better access to the differently abled in the tourist destinations;
2. (b) provision for basic facilities for women to meet their needs in the tourist destinations;
3. (c) safety and security of tourist; and
4. (d) any other duties as may be prescribed.

Notwithstanding anything contained in any law in the State, the Local Authorities under whose local areas, the places of tourist destinations are situated, shall have the duty to ensure cleanliness and check defacement and defiling of the properties in their respective local area and also to effectively enforce the laws prohibiting littering on streets and public places and maintain cleanliness of roads, drain, man holes and maintenance of street lights and prevention of encroachments in and around tourist destination.

1. (2) The Department of Tourism shall oversee the compliance of provisions contained in sub- section (1) and may issue directions to the concerned local authorities for strict compliance of their statutory duty and in case of persistent non-compliance and default, intimate action against erring local authorities in accordance with the laws governing such local authorities.

1. (a) commit any act of touting or malpractice against any tourist or engage in begging or hawking articles for sale at any tourist destination;
2. (b) abet commission of any act of touting or malpractice against any tourist and begging or hawking of articles for sale in tourist destination; and
3. (c) attempt to commit any act of touting or malpractice against any tourist in tourist destination.

1. (2) Any person who,- 1[(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.
   • (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.
   • (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.
   • (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.”
   • (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.
     • (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.
     • (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.
     • (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.
   • (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.
     • (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed.
     • (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.
     • (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.]
2. (3) Any person who engages himself in hawking articles for sale and committed offence

under sub section (1) shall be dispersed by the tourist mitra and such person shall be directed to leave the area and remove himself beyond that area. The tourist mitra shall record the entry of this fact in a diary which shall be maintained by him in the prescribed manner.

1. (4) Whenever any person to whom direction has been given under sub-section (3) to remove himself from the tourist destination-
   • (a) fails to remove himself as directed; or
   • (b) having removed himself, re-enters the area or part thereof shall be apprehended and removed from that area by any police officer and released outside that area and entry of such apprehension and release shall be recorded in the daily diary maintained at the police station.
2. (5) Whoever further engages himself in hawking articles for sale, even after having committed violation under sub-section (3) and his consequential removal under sub-section (4), the offender shall be arrested by any Police Officer and shall be produced before any officer not below the rank of Tahasildar authorised in this regard by the Deputy Commissioner of the local area where the offence is committed, who shall record the statement of the Police Officer as well as of the offender and peruse the daily diary or other record showing events of violation of this Act by the offender and after hearing the offender and the Police Officer record his findings in a summary manner and where the offender is found to be guilty of violation of prohibition as aforesaid in this section, the prescribed officer shall impose a fine not exceeding rupees five hundred for violation of provisions of sub-section (4).

1[(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.

1. (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.
2. (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.
3. (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 Substituted by Act 61 of 2025 w.e.f. ...................

(1) The Government may, by notification in the official Gazette, designate any officer of and above the rank of Group 'B' of the Government to be the competent authority for protection and maintenance of the tourist destination either for the whole of the State or for each district of the State 1[Penalties and administrative sanctions to be imposed by the Competent Authority or a designated Adjudicating Officer.] (2) No person, company, association or firm or any other body shall cause any nuisance or carry out any activity, process, operation, etc or omit to prevent or remove the nuisance, which damages or deteriorates or is likely to damage or deteriorate or is capable of being damaged or deteriorated or has damaged or deteriorated the tourism potentiality of any tourist destination. (3) The competent authority, either on its own motion or upon a complaint received or upon reference made to it, may, by an order in writing after giving prior notice, prohibit any nuisance being caused or prevent any such activity, process, operation as referred to in sub-section (2) above being carried out, if in the opinion of the said competent authority, it has damaged or deteriorated or is likely to damage or deteriorate the tourism potentiality of any tourist destination, and pass such interim orders as it deems fit. (4) If, in the opinion of the competent authority, a nuisance is having impact on the tourism potentiality, it shall issue notice to the owner, occupier, lessee, charterer or any person enjoying right of usage or has control of the object which has contributed to the nuisance and such person shall within a period of fifteen days from the date of receipt of such notice, abate or remove the same, and unless the same is removed or abated by the said person within the said period of fifteen days or such further time as may be extended by the competent authority, but not exceeding three months, the competent authority shall cause removal of such nuisance. (5) On the failure of the owner, occupier, lessee, charterer or any person against whom notice of removal of nuisance is issued, to comply with the order of removal of such nuisance within the time fixed by the competent authority, the material thing or object of nuisance shall stand forfeited and vest in the Government, except that when such material thing or object is sold in public auction, any sum over and above the cost of removal of nuisance, shall be payable to its owner. In case the cost of removal exceeds the sale price in auction the balance shall be recovered from the concerned owner, as provided in sub-section (6). (6) The expenses and costs incurred, if any, the competent authority in removing or abating such nuisance, shall be recovered from the person who has caused such nuisance or from the owner or occupier of the object which has contributed to the nuisance, in the same manner as arrears of land revenue. (7) Any property, thing, material or object, which is a nuisance under this Act, may be disposed off or dealt with by the Government, in the manner it deems fit. (8) Whoever contravenes any of the provisions of this Act or fails to comply with any order or directions given under the Act or obstructs any person acting under the orders or directions of the competent authority from exercising its powers and performing its functions under this Act, 2[shall be liable to a penalty as may be prescribed.] 1[(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. (10) Significant damage, deterioration, or wilful obstruction shall attract higher monetary penalties imposed by the competent authority. (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. (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.] 1. Inserted by Act 61 of 2025 w.e.f. ................... 2. Substituted by Act 61 of 2025 w.e.f. ...................

1[Penalties and administrative sanctions to be imposed by the Competent Authority or a designated Adjudicating Officer.]

1. (2) No person, company, association or firm or any other body shall cause any nuisance or carry out any activity, process, operation, etc or omit to prevent or remove the nuisance, which damages or deteriorates or is likely to damage or deteriorate or is capable of being damaged or deteriorated or has damaged or deteriorated the tourism potentiality of any tourist destination.
2. (3) The competent authority, either on its own motion or upon a complaint received or upon reference made to it, may, by an order in writing after giving prior notice, prohibit any nuisance being caused or prevent any such activity, process, operation as referred to in sub-section (2) above being carried out, if in the opinion of the said competent authority, it has damaged or deteriorated or is likely to damage or deteriorate the tourism potentiality of any tourist destination, and pass such interim orders as it deems fit.
3. (4) If, in the opinion of the competent authority, a nuisance is having impact on the tourism potentiality, it shall issue notice to the owner, occupier, lessee, charterer or any person enjoying right of usage or has control of the object which has contributed to the nuisance and such person shall within a period of fifteen days from the date of receipt of such notice, abate or remove the same, and unless the same is removed or abated by the said person within the said period of fifteen days or

such further time as may be extended by the competent authority, but not exceeding three months, the competent authority shall cause removal of such nuisance.

1. (5) On the failure of the owner, occupier, lessee, charterer or any person against whom notice of removal of nuisance is issued, to comply with the order of removal of such nuisance within the time fixed by the competent authority, the material thing or object of nuisance shall stand forfeited and vest in the Government, except that when such material thing or object is sold in public auction, any sum over and above the cost of removal of nuisance, shall be payable to its owner. In case the cost of removal exceeds the sale price in auction the balance shall be recovered from the concerned owner, as provided in sub-section (6).
2. (6) The expenses and costs incurred, if any, the competent authority in removing or abating such nuisance, shall be recovered from the person who has caused such nuisance or from the owner or occupier of the object which has contributed to the nuisance, in the same manner as arrears of land revenue.
3. (7) Any property, thing, material or object, which is a nuisance under this Act, may be disposed off or dealt with by the Government, in the manner it deems fit.
4. (8) Whoever contravenes any of the provisions of this Act or fails to comply with any order or directions given under the Act or obstructs any person acting under the orders or directions of the competent authority from exercising its powers and performing its functions under this Act, 2[shall be liable to a penalty as may be prescribed.] 1[(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.
5. (10) Significant damage, deterioration, or wilful obstruction shall attract higher monetary penalties imposed by the competent authority.
6. (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.
7. (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.]

¹ Inserted by Act 61 of 2025 w.e.f. ...................

² Substituted by Act 61 of 2025 w.e.f. ...................

1[(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:-

1. (i) For the first such offense, such person or entity shall be liable to a monetary penalty as may be prescribed.
2. (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.
3. (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.]

2[(2) XXX]

¹ Substituted by Act 61 of 2025 w.e.f. ...................

² Omitted by Act 61 of 2025 w.e.f. ...................

(1) No person, company, association or firm or any other body shall use any brand belonging to Government tourism entities without the permission or authorisation. 1[(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.] (3) The Prescribed Authority shall have the powers to undertake inspection to examine compliance of sub-section (1). 1[(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.] 1. Substituted by Act 61 of 2025 w.e.f. ...................

1[(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.

1. (i) For the first such offense, such person or entity shall be liable to a monetary penalty as may be prescribed.
2. (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.
3. (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.]

1. (3) The Prescribed Authority shall have the powers to undertake inspection to examine compliance of sub-section (1). 1[(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.]

¹ Substituted by Act 61 of 2025 w.e.f. ...................

No suit, claim, or other legal proceedings shall lie against the Government or the council or the chairperson or other members of the Council or the staff or representatives of the council or the tourist mitra in respect of anything which is in good faith done or intended to be done under this Act or any rules or regulations or orders made or framed thereunder.

No court shall take cognizance of any offence punishable under Chapter III, IV, VII and VIII of this Act save on the complaint made by or under the authority of the Government or the prescribed authority.

(1) Any person aggrieved by the order passed or decision made by the prescribed or competent authority under this Act may within thirty days from the date of receipt of communication of the order or the decision of the prescribed or competent authority appeal to the Appellate Authority. The Appellate Authority shall be appointed in such manner as may be prescribed.

1. (2) The Appellate Authority shall after following such procedure as may be prescribed dispose off the appeal within a period of two months from the date of its receipt.

(1) If the person committing an offence under this Act, is a company, every person who, at the time the offence was committed was in charge of the company, and was responsible for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all the diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary, or other

officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purpose of this Section,-

1. (a) “Company” means, any body corporate, and includes a firm or other association of individuals; and
2. (b) “director” in relation to a firm means a partner in the firm.

(1) The prescribed or competent authority and the appellate authority shall have all the powers which are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely-

1. (i) summoning and enforcing attendance of a person against whom inquiry is to be conducted and witnesses required in connection therewith;
2. (ii) compelling the production of any document; and
3. (iii) examining witnesses on oath.

1. (2) In addition to that which is provided under sub-section (1), the prescribed or competent authority shall have power to summon or examine suo motu any person whose evidence in his opinion appear to be material for reaching at a just conclusion in any matter being inquired into by him.
2. (3) For the purpose of enforcing the attendance of witnesses and other persons referred above, the local limits of jurisdiction of the prescribed or competent authority shall extend to whole of the State.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Karnataka law for the time being in force or any custom or usage or instrument having effect by virtue of any such law.

The amount of penalty or fine imposed under the provisions of this Act, if not paid by the person liable to pay within sixty days from the date of final order imposing penalty or fine shall be recoverable as an arrears of land revenue.

(1) If any difficulty arises in giving effect to the provisions of this Act or the rules, regulations, scheme or orders made hereunder, the Government may by an order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. (2) All orders made under sub-section (1) shall, as soon as may be after they are made, be laid before both house of the State Legislature and shall be subject to such modification by way of amendments or repeal as the Legislature may make either in the same session or in the next session.

1. (2) All orders made under sub-section (1) shall, as soon as may be after they are made, be laid before both house of the State Legislature and shall be subject to such modification by way of amendments or repeal as the Legislature may make either in the same session or in the next session.

Government, by notification in the Official Gazette, for the proper discharge and smooth performance of its functions under this Act.

(1) The Government may after previous publication, by notification, make rules for carrying out all or any of the purposes of this Act.

1. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Government may, by notification, direct that any power exercisable by the Government except the power to make rules under this Act shall be exercisable by an officer of the Government, subject to such terms as may be specified in such notification.

1. (2) The Government may by rules, authorise the Prescribed Authority to delegate any or all of its function to such other officer, as may be prescribed therein. The above translation of PÀ£ÁðlPÀ ¥ÀæªÁ ̧ÉÆÃzÀåªÀÄ ªÁå¥ÁgÀ ( ̧Ë® ̈sÀå ªÀÄvÀÄÛ ¤AiÀÄAvÀæt) C¢ü¤AiÀĪÀÄ, 2015 (2015gÀ

PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ̧ÀASÉå:21) be published in the Official Gazette under cluase (3) of Article 348 of the Constitution of India.

VAJUBHAI VALA GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka,

B.B. PATTAR Special Secretary to Government Department of Parliamentary Affairs

KARNATAKA ACT NO. 57 OF 2025

(First Published in the Karnataka Gazette Extra-ordinary on the 10 th day of September, 2025)

THE KARNATAKA TOURISM TRADE (FACILITATION AND REGULATION) (AMENDMENT) ACT, 2025 (Received the assent of the Governor on the 10 th day of September 2025) An Act to amend the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015. Whereas it is expedient to amend the Karnataka Tourism Trade (Facilitation and Regulation, Act, 2015 (Karnataka Act No. 21 of 2015) for the purpose hereinafter appearing: Be it enacted by the Karnataka State Legislature in the seventy sixth year of the Republic of India as follows :- 1. Short title and commencement.- (1) This Act may be called the Karnataka Tourism Trade (Facilitation and Regulation) (Amendment) Act, 2025.

1. (2) It shall come into force at once. 2. Insertion of new section 3-A.- In the Karnataka Tourism Trade

(Facilitation and Regulation) Act, 2015 (Karnataka Act No. 21 of 2015), after section 3, the following shall be inserted, namely:- “3-A. District Level Monitoring Committee.- (1) There shall be constituted a District Level Monitoring Committee to review and submit the proposal regarding facilitation, regulating and promotion of tourism trade in the jurisdiction of the concerned District.

1. (2) The District Level Monitoring Committee shall consist of the following members, namely:-
   • (a) The Deputy Commissioner of the concerned District Ex-officio Chairperson
   • (b) The Superintendent of Police of the concerned District Ex-officio member
   • (c) The Chief Executive Officer of Zilla

Panchayat of the concerned District

Ex-officio member

1. (d) The Deputy Conservator of forest of the concerned District Ex-officio member
2. (e) The Superintending Engineer, Public Works Department of the concerned Jurisdictional District Ex-officio member
3. (f) The Deputy Director of Archaeological Department of the concerned District Ex-officio member
4. (g) Three members nominated by the State Government and three members nominated by the District Committee from amongst the concerned stakeholders of travel and tourism sector having adequate knowledge and professional experience in their respective fields of which at least one shall be a person belonging to the Scheduled Caste or Scheduled Tribes and one person belonging to the Backward Classes: Provided that out of six members one member shall be a woman. Members
5. (h) The Deputy Director, Tourism, Department of the concerned District Ex-officio member Secretary

1. (3) The District Level Monitoring Committee shall submit suitable proposals to the State Tourism Council for the works/proposals to be undertaken in respect of their departments within the jurisdiction of the concerned district.” The above translation of ಕರ್ನಾಟಕ ಪ್ರ ವಾಸೋದ್ಯ ಮ ವಾಯ ಪಾರ (ಸೌಲಭ್ಯ ಮತ್ತು ನಿಯಂತ್ರ ಣ) (ತಿದ್ದು ಪ್ಡಿ) ಅಧಿನಿಯಮ, 2025 (2025 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಯ: 57) be published in the official Gazette under clause (3) of Article 348 of the constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARANATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 61 OF 2025 (First published in the Karnataka Gazette Extra-ordinary on the 12 th day of September, 2025) THE KARNATAKA DECRIMINALISATION (AMENDMENT OF PROVISIONS) ACT, (Received the assent of the Governor on the 11 th day of September, 2025) An Act to amend certain enactments for decriminalising and rationalising offences and to further enhance trust-based governance for ease of living and doing business. Whereas it is to amend certain enactments for decriminalising and rationalising offences and to further enhance trust-based governance for ease of living and doing business and for matters connected therewith for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy sixth year of the Republic of India, as follows:- 1. Short title, commencement and application.- (1) This Act may be called the Karnataka Decriminalisation (Amendment of Provisions) Act, 2025.
2. (2) It shall come into force on such date as the Government of Karnataka may, by notification in the Official Gazette, appoint and different dates may be appointed for amendments relating to different enactments.
3. (3) The amendment of any enactment by this Act shall not affect any other enactment in which the amended enactment has been applied, incorporated or referred to.
4. (4) This Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand or any indemnity already granted, or the proof of any past act or thing;
5. (5) This Act shall not affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby amended.
6. (6) The amendment of any enactment by this Act shall not revive restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

2. 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.
   • (d) 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.
   • (e) 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.
   • (f) 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 concerned local authorities to cancel or terminate, any existing trade license or No Objection Certificate held by such person for the tourism 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.”
2. (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
   • (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.
   • (d) 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.
   • (e) 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.
   • (f) 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

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. (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
3. (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.”
4. (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.
5. (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.
6. (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.
7. (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.
8. (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.
9. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed.
10. (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.
11. (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.
   • (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.
2. (10) Significant damage, deterioration, or wilful obstruction shall attract higher monetary penalties imposed by the competent authority.
3. (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.
4. (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.”
5. (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

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.

1. (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.”

1. (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”

Gazette under Article 348 of the Constitution of India.

THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka,

G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation