Protection and Maintenance of the tourist destination

(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. ...................