Act No. 22 of 2022
25th August, 2022
An Act to provide for registration and licensing of persons, entities and organisation engaged in tourist trade and matters connected therewith.
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(1) This Act may be called the Sikkim Registration and Licensing of Tourist Trade Act, 2022.
(2) It extends to the whole of Sikkim.
(3) They shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires;
The State Government shall grant a certificate which authorises a person or an entity to conduct business or operations in tourism sector in designated locations or area, complying with the prescribed policies, standard operating procedures, guidelines, and directions as are notified from time to time in the Rules under this Act or by Notification by the Prescribed Authority.
(1) Any person intending to undertake any tourism operation, provide tourism services and facilitation, shall, before carrying out such operations as a tourism entity, apply for tourist trade license to the prescribed authority in the prescribed manner as prescribed in the Rules:
Provided that any person already carrying operation as tourist entity on the date of commencement of the Act, shall apply for the said license within 60 (sixty) days from the date of commencement of this Act.
(2) Every application made under sub-section (1) shall be disposed of within a period of 30 (thirty) days from the date of receipt of application.
(3) No person shall conduct trade business, operations or provide tourism related services or carryout retail trade of tourist merchandise or offer any other facilitation services or support related to tourism, unless a licence to operate is obtained for such tourism trade, operations or service delivery in the tourism sector.
For the purposes of overseeing, managing, monitoring and enforcing the provisions of this Act, the State Government may, by notification, designate prescribed authority for enforcing the provisions of this Act for specific operations such as grant of license or renewal thereof; registration or renewal thereof; for enforcement and monitoring of compliance with policies, which includes imposition of penalties and taking cognizance of an offence and prescribing penal measures of fines and in case of repeat of offences de-licensing or de-registration for a time period or in perpetuity. The Government may prescribe one or more prescribed authority in respect of specific areas or operations.
(1) Registration is the recognition and regulation of the identity of the entity operating in the tourism industry, in order to authorize such entity to carry out tourist related activities, offer tourist related services, conduct business or operation in the tourism sector. By virtue of such registration, the entity can sue or be sued under such identity.
(2) The object of registration is to bring all forms of tourism related business or trade, under the ambit of the Department of Tourism and Civil Aviation in order to regulate and enforce accountability and ensure compliance with policies, SOPs, and guidelines of the State Government in the course of conduct of various operations and activities.
(1) Any person intending to run a tourism entity shall, before applying for the Trade License, apply for registration with the Department of Tourism and Civil Aviation in the prescribed manner as detailed in the Rules under the Act and or by Notification by the Prescribed Authority:
Provided that any person already operating a tourism entity on the date of commencement of the Act shall apply for registration within 60 (sixty) days from the date of commencement of this Act.
(2) Every application made under sub-section (1) shall be disposed of within a period of 30 (thirty) days from the date of receipt of application.
(3) No person or entity shall run a tourist entity unless it is registered in accordance with the provisions of this Act,
(4) Any person operating business or trade without such registration as above is liable to be proceeded against in keeping with the provisions of this Act.
(1) Any person who intends to file for registration of his tourism entity shall submit an application along with the requisite documents before the prescribed authority, namely:-
(2) Every person who intends to file for renewal of his tourism entity registration on or before the expiry of the tenure of registration shall submit an application along with the requisite documents such as filing of returns, audited accounts statement and annual report before the prescribed authority:
Provided that an
(1) Any person or entity who has filed for registration shall be given a provisional registration certificate, upon fulfilment of prescribed terms and conditions and submission of requisite documents with a validity of 6 (six) months.
(2) A registration certificate shall be granted, after the documents are verified with the receipt of clearances from the other state Departments and agencies, viz.:-
(3) Registration Certificate issued under sub-section (2) shall be valid for 3 (three) years and can be renewed on or before the expiry of such period
(1) Any person who intends to file an application for trade license shall submit an application along with the requisite documents before the prescribed authority such as:
(2) Any person, who intends to file for renewal of his Trade License for tourism related business, shall have his business registered with the Department of Tourism and Civil Aviation.
(3) The applicant shall provide details of the operations and activities
(1) The prescribed authority may refuse and may by order, in writing, cancel the registration or license of the tourism entity as the case may be, and remove the relevant entries from the register, for registration or license of tourism entity, travel agents, guides, porters and adventure sports operator, under any of the following grounds if:-
The prescribed authority may fix the reasonable rates which may be charged by the tourism entity for the services rendered by them.
The State Government shall, by order, appoint an appellate authority who shall be of the rank of Secretary or above.
(1) Subject to the provisions of sub-section (2) an appeal shall lie from every order of the prescribed authority under this Act to the appellate authority.
(2) Every such appeal shall be preferred within 30 (thirty) days from the date of communication of the order; provided that the appellate authority may entertain the appeal after the expiry of the said period of 90 (ninety) days, if he is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(3) The appellant shall have a right to be represented by a counsel or by a duly authorised agent and the prescribed authority may be represented by such officer or person as the prescribed authority may appoint.
(4) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such inquiry as it deems proper, pass such order as it may deem fit, after recording the reasons thereof.
(1) The Government shall, by order, appoint a revisional authority. After application is made by the aggrieved party, such revisional authority shall call for records of any case disposed by an appellate authority for the purpose of examining or ascertaining the legality and correctness of any order passed by the appellate authority.
(2) The revisional authority shall pass such order thereupon as it may deem fit and such order shall be final.
(1) The prescribed authority may, on proof of complaint of malpractice or for any other offence committed under this Act including acts of commission or omission as mandated or detailed in the notified policies, rules and regulations and terms and conditions of operations, record such reasons declare a defaulter, a tourism entity operator, for such period as the prescribed authority may deem fit after taking into consideration the nature of malpractice or the gravity of offence.
(2) Defaulting tourism entity operator tantamount to discontinuance of permission to function and operate as a tourism entity and pursue tourism trade.
(3) The particulars of tourism entity operators declared as defaulter shall be exhibited at noticeable places in all tourist areas or spots and notified to all travel, trade and other concerned organisations after the order defaulter has been declared.
Any person carrying on the business of a tourism entity without proper certification of licence and registration under this act or in violation of any of the provisions of this Act shall be punishable on conviction by the prescribed authority with fine and in case of repeat offences de-licensing or de- registration for a time period or in perpetuity, as may be prescribed:
Provided that a person, who has made an application within the prescribed period and is pending disposal, shall not be a defaulter for the purposes of this section.
Any person required to make a statement or declaration or submit information as required to fulfil formalities under the provisions of the Act, wilfully makes a false statement misrepresentation or suppresses a material fact with an intention to mislead the prescribed authority or fraudulently submits details which are incorrect, he shall be liable to punishment by fine and in case of repeat offences de-licensing or de-registration for a time period or in perpetuity, as may be prescribed in the rules or by notification by the Prescribed Authority.
(1) Any person registered under this Act, shall at times, on demand by the prescribed authority, produce his documents required under this Acts and more specifically documents evidencing compliance with tourism policies, rules and regulations and terms and conditions.
(2) Any person who refuses on demand to show his documents to the prescribed authority shall be liable to be punished on conviction, with such fine, as may be prescribed in the rules or by notification by the Prescribed Authority.
If any person wilfully obstructs or offers any resistance to, or otherwise interferes in the discharge of the functions of the prescribed authority or any officer authorised to exercise power, or performance of duties conferred or entrusted to him or in pursuance of the objects and provisions Act or the rules made there under, he shall be liable to punishment by fine and in case of repeat offences de-licensing or de-registration for a time period or in perpetuity, as may be prescribed in the rules or by notification by the Prescribed Authority.
If any person performs, offers any tourism trade or delivery of services not authorised under the provisions of this Act or contrary to notified rules and regulations shall be liable to punishment by fine and in case of repeat offences de-licensing or de-registration for a time period or in perpetuity, as may be prescribed in the rules or by notification by the Prescribed Authority
Any person or tourism entity who does not comply with policies, Standard Operating Procedures and directives made applicable in respect of any tourism operation, activity or act of commission or omission as notified or enforced or communicated shall be punishable on conviction with fine as may be prescribed in the rules or by notification by the Prescribed Authority.
(1) If any person or tourism entity misuses the brand of Government without the permission or authorisation under this Act, he shall be liable to punishment by fine and in case of repeat offences de-licensing or de-registration for a time period or in perpetuity, as may be prescribed in the rules or by notification by the Prescribed Authority
(2) Misusing the Government tourism brand is construed as the unauthorised use of identification mark, logo or brand name of state tourism.
Any person or tourism entity who indulges in selling any articles, materials, goods, etc., in any tourist area without any licence or registration or permission under the Act or the concerned Government agencies, then such articles, materials, goods, etc., shall be confiscated by the prescribed authority or his agents. The said articles may be returned on payment of fine, as may be prescribed unless such return would not be in public interest. The reason for any such non return is to be recorded and communicated to the person for whom the article or goods were confiscated.
Any habitual or repeat offenders under the provisions of this Act shall be punishable by fine and in case of repeat offences de-licensing or de-registration for a time period or in perpetuity, as may be prescribed in the rules.
Any person or tourism entity found to charge fees or fares in excess of the ceiling prescribed in respect of the services, as prescribed by the rules in the rules, is liable to be punished by fine and in case of repeat offences de-licensing or de- registration for a time period or in perpetuity, as may be prescribed in the rules or by notification by the Prescribed Authority.
(1) Certificate of Registration or license is non-transferable.
(2) Any person who lends, transfer or assigns the certificate or registration or licence issued under this Act, without permission in writing of the prescribed authority, shall be liable for by fine and in case of repeat offences de-licensing or de-registration for a time period or in perpetuity, as may be prescribed in this Rules or by notification by the Prescribed Authority.
The cognizance for any acts of commission or omission constituting an offence and violation under the provisions of the Act requiring imposition of penalty in the nature of fines can be taken by the designated prescribed authority for registration, licensing or enforcement.
(1) The Government shall, by notification in the Official Gazette, make rules for carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for:-
(1) The Government may, by order, appoint or designate enforcement officers for the following purposes, namely:-
(2) Every Police Officer or Enforcement Officer notified or designated who comes across any offence committed under this Act or under any rules made under this Act shall give immediate information to the prescribed authority regarding the same and shall assist the prescribed authority for taking appropriate action for enforcement of the provisions of this Act.
(1) The Government may authorise the prescribed authority or any officer to enter the premises of any tourism entity to confirm whether the provisions of this Act are being implemented by such tourism entity conducting the tourism trade or delivering tourism services in the manner envisaged. Such officer may require the production of any document kept by the tourism entity for verification of compliance, commensurate with the provisions of this Act or rules made thereof.
(1) The Government shall have the power to issue directions in compliance with policies of the Government, as it may deem fit.
(2) The Government may authorise the prescribed authority or Police Officer, Enforcement Officer or any other officer to inspect or examine whether the tourism entity has complied with the policies laid down by the Government and has adhered to the Standard Operating Procedures (SOPs).
(3) If the tourism entity is found contravening provisions of the Act, policies or SOPs, the Government shall have the power to issue notices to the tourism entity and to show cause as to why penal action may not be instituted for contravening SOPs and mandated requirements.
(4) Upon failure to respond satisfactorily, the tourism entity may be subject to such penalty in keeping with the provisions of this Act and rules made thereof; on the basis of a summary proceeding in respect of fine by the prescribed authority.
No suit, prosecution or other legal proceeding whatsoever shall lie against the Government or any person in respect of anything which is done or intended to be done in good faith under the provisions of this Act.
The Government may, by notification in the Official Gazette, constitute a Consultative Committee for the purpose of engaging stakeholders and receiving feedback, suggestions or improvements concerning any tourist operation, activity or trade, from the stakeholders.
The State Government may, in consultation with the Additional Chief Secretary and Secretary of Tourism and Civil Aviation Department, constitute a Directorate of Tourism in the Department of Tourism and Civil Aviation to look after day to day management of operations and activities related to tourism, facilitated through e-Governance initiatives and online transactions for delivery of services, through Tourism portal, supported by a Digital Operations Task Force.
(1) The Directorate shall be the body executing and implementing the policies, programmes and schemes of the Department of Tourism and Civil Aviation in keeping with the delegation of powers as notified by the State Government.
(2) The Directorate shall be headed by the Director who shall be an Officer of the rank of Special Secretary or Additional Secretary to the Government.
The Directorate shall organise its operations and manage its affairs under various divisions with manpower commensurate with the nature, scope and extent of operations and activities.
(1) The functions of the Directorate so constituted under Section 35 of the Act shall include the following, namely:-
(1) There shall be constituted fund for Operation and Management of activities and operations undertaken in pursuance of the objects of this Act and to implement various provisions under this Act.
(2) The Operation and Management fund shall consist of all accruals which include 3% on account of licensing and renewal of licensing and fines imposed and collected by prescribed authorities, penalties in respect of delays or defaults or any other receipts under the provisions of the Act or collection of lease rentals.
(1) The Directorate shall apportion and remit license fee collected from various tourism operators, agencies and entities to Gangtok Municipal Corporation, Urban Development Department and Rural Development Department, in a manner as may be prescribed and decided by the State Government.
(2) The requisite funds to be accounted for as receipts in the Government and shall be deposited in the relevant head in the budget.
The Government shall maintain and manage the tourism infrastructure developed at various tourism destinations, entrusting the responsibility of maintenance and management to individuals, agencies or community groups, following a process that is duly notified and detailed in the rules under this Act.
Processes associated with valuation of assets, their categorisation and associated modalities for lease, choice and selection of lease models, partnership arrangements, performance indicators for operations and management, support and concessions from the Government are to be formulated and progressively notified online. Rewards and incentives for professional management of Tourism Infrastructure and assets and best practices be also formulated and notified.
To the extent possible, the local Panchayats and communities are to be involved in tendering or selection of the individual or agency or the entity that would maintain and manage the asset. Assets are to be leased out for operations and management for a period of 3 (three) years and renewable for an extended period of not more than 2 (two) years or one year at a time, subject to compliance with appropriate terms and regulations notified or such other standard practices as are notified in the rules.
Larger assets may be considered for being leased out under appropriate Public Private Partnership arrangement under an appropriate modal or agreement, articulating the manners in which revenue accruals and expenditure in respect of operations, repairs and maintenance are to be shared, terms and conditions and modalities for investments to be made to provide augmented value added services, upkeep and maintenance of infrastructure, standard of services that are to be provided, exit conditions and processes to be followed upon exit, employment of persons from the local community and such other terms and conditions as agreeable between the parties.
(1) A cluster approach be adopted for developing tourist infrastructure giving due importance to recreation, entertainment, "nature connect" experiences and for taking up initiatives that would promote local domestic tourism, as well as, catering to the needs of tourists and travellers from outside the State.
(2) Required initiatives in terms of making tourist destinations more attractive, tourism gap infrastructure to enhance ambience, attractions, aesthetic structures, decor, experiences for tourists are to be given due importance. These initiatives may be pursued leveraging local talent, capacities and involvement of local communities.
The Government may take measures to augment community-based tourist experiences, rural homestay, and farm-based activities and involve the local community in the development of public attractions, utilities, outdoor infrastructure and public parks.
Government institutions and agencies may make efforts to enhance ambience, attractions, utility and upkeep of public assets making them more attractive, revenue generating and making them capable of offering exemplary tourist experiences.
The State Government may notify designated areas for camping, adventure activities, bird watching, and nature trails.
Directorate of Tourism shall make efforts to provide information and services online through the Tourism Portal and progressively offer multiple channels for information dissemination and service delivery through a network, comprising of tourism information centres, tourist guides, mobile apps, engravings in stones and instructions on sign boards as also printed or digital forms, brochures, booklets.
Digital platform and online transactions for delivery of information and services be implemented through a portal, operated and managed in the back end with a dedicated team of back office staff trained in operations related to monitoring and managing transactions and resolution of issues.
(1) The following online services shall be offered to facilitate tourists and travellers, namely:-
(2) Software applications and web portal services shall be developed to offer online services, namely:-
The State Government may, by notification, issue SOPs to be observed by the tourist amenities and stakeholders as also by tourist and travellers visiting Sikkim which would comprehensively detail safety, health related aspects to be observed, behaviours compliant with environmental conservation and observance of civic sense.
The data relating to tourists, tour operators, service providers, partners, logistic service providers and other stake holders shall be owned by the Government under secure infrastructure with appropriate security of data to ensure that information and data are authorised for use in the manner prescribed and envisaged, with due attention to privacy of data, confidentiality relating to health and personal data.
Adequate measures to be employed and Information and Communication Technologies (ICT) infrastructure shall be developed for availability of online services with required authenticity, reliability and effective management of online services.
Repeal and savings tourism services.
The Government through the Directorate of Tourism may formulate SOPs, code of conduct, guidelines, detailing the manner in which tourist or traveller may avail various tourist facilities conduct themselves with regard to respecting, protecting, and safeguarding culture, heritage, ethnic tradition and environment while visiting various tourist destinations. Such directions and notices communicating code of conduct and regulation of tourist behaviours shall be widely disseminated for compliance by tourists and travellers. Provisions with regard to guiding the behaviour of tourist and travellers may be detailed in the rules with penalty provisions as may be necessary.
(1) Tourist and Travellers shall provide their details, family members or persons accompanying them with necessary declaration of health and travel details and disclose details of accommodation availed for the purpose of tourist facilitation.
(2) Travel Cards issued online following submission of relevant information be carried by tourists and shown at Tourist Information Centres, to facilitate guidance or to Tourism Enforcement Officers or Tourist Police to enable them, aid and advice of facilitate their travel and stay as also for ensuring safety, security and enable issue of permits for travel to restricted or protected areas.
(1) Stakeholders such a tour operator, hotels adventure operators, MICE facilitators, health and wellness service providers and such other partner agencies providing facility and tourist services shall make an effort to promote eco-friendly and sustainable tourism and promote the goodwill and build Sikkim tourism as a preferred brand.
(2) Proactive assistance is rendered to tourist in the course of availing various services and facilitating them in submission of information for issue of travel cards and permits.
(3) Online permits would be considered for issue on the basis of information furnished by tourists.
If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order, remove such difficulty:
Provided that no such order shall be made after expiration of a period of two years from the date of commencement of the Act.
The certificate of registration or licence of tourist operation shall be displayed in a noticeable place at the principal place of business of tourism entities or establishments.
If the certificate of registration, renewal of registration, licence, renewal of licence issued is destroyed, damaged, lost, the person, or such entity shall lodge First Information Report (FIR) for the same and submit the First Information Report copy along with the application to the prescribed authority for obtaining a duplicate. The prescribed authority shall after receiving the same issue a duplicate certificate on payment of prescribed fee.
(1) The Sikkim Registration of Tourist Trade Act, 1998 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in a bona fide manner under the said Act shall be deemed to have been done or taken under this Act.
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