Recognition and registration of service providers, their obligations and consequences of non-adherence to norms and conditions of recognition.

(1) Any service provider operating or intending to operate as a service provider in the State, if and when desire to have itself / himself recognized by the Department of Tourism of the State, may apply to the prescribed authority in such manner and in such form as may be provided in the scheme framed under section 3. (2) Every application presented under sub-section (1) shall be disposed of by the prescribed authority within ninety days from the date of receipt thereof. (3) The prescribed authority shall, unless the application is rejected and recognition and registration is disallowed or refused, record particulars of the concerned service provider in the prescribed register of service providers which are recognized and registered as such. The register shall contain such particulars and shall be maintained in such form as may be prescribed. (4) Whenever the application of a service provider is allowed and registered under sub-section (3), the prescribed authority shall issue a certificate of recognition and registration, in such form and on payment of such fee as may be prescribed. (5) Where any application is rejected under sub-section (3), the prescribed authority shall record reasons thereof and communicate the same, in writing, to the applicant: Provided that no application for recognition and registration shall be rejected or refused unless the applicant is heard and reasonable opportunity of being heard is afforded to him in the matter. (6) Every service provider who is recognized and registered under this section shall be under an obligation to maintain the requisite standard and follow the norms of trade specified under the scheme framed and published under section 3. (7) When any service provider fails to maintain the requisite standard of services provided by him or to comply with the norms of the trade or services offered and make default in discharging responsibility as recognized service provider as set out for him in the scheme made and published under section 3, then such service provider shall, besides being liable for imposition of penalty not exceeding the amount specified for each category of service providers in the Schedule, be derecognised and his name shall be struck of from the register and his certificate of recognition and registration shall be cancelled: Provided that before imposing penalty and/or derecognising, cancelling registration of any service provider after striking of his name from the register, the prescribed authority shall serve a notice upon him calling him to show cause as to why the purported action should not be taken against him and afford him a reasonable opportunity of being heard in the matter. (8) Where the non-adherence to norms and standards is found to be minimal, the prescribed authority may, instead of proceeding against the service provider under sub-section (7), censure the service provider and ask him to be careful in feature and where the breach of norms is graver, the prescribed authority, instead of proceeding under sub-section (7), impose upon the defaulting service provider a penalty, not exceeding the amount specified in the Schedule appended to this Act: Provided that action under sub-section (7), may be taken only in such of the cases of default where violations of norms and standard are gravest and where situation does not improve even after censuring and/or penalizing the service provider. (9) The register containing names and particulars of service providers shall constantly be maintained, updated and shall be available on the website of the Department of Tourism of the State Government for information of tourists and people in general and may also be published in Newspapers, other periodicals as also through other modes, at such intervals, as the Commissioner of the Department of Tourism may consider appropriate.