In this Act, unless there is anything repugnant in the subject or context,-
(a) “adventure sports” means an outdoor activity undertaken for sports or recreation on land or in water or in the air, as the case may be, which shall include water sports, aero-sports, trekking, rafting, skiing, heli-skiing, bunji-jumping and ballooning with an inherent risk to the life or limb of the participant or any other sports as may be notified by the Government from time to time;
(b) “adventure sports operator” means any person or organization or enterprise, as the case may be, engaged in or offering to engage for adventure sports on commercial basis i.e. for the purpose of training, recreation or sports;
(c) “Board” means Tourism Development Board established under section 4 of this Act;
(d) “Certificate of registration” means a certificate issued under this Act;
1. Act came into force from. 15 th day of July, 2002 vide Notification No. 5-3/86- Tourism, dated 12 th July, 2002, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 12 th July, 2002, p. 960.
6 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
(e) “Council” means Tourism Development Council established under section 17 of this Act;
(f) “Government” means the Government of Himachal Pradesh;
(g) “guide” means a person who engages himself as a paid guide for the tourists;
1 [(gg)“home stay” means any private house located in the State, which will be made available to the tourists for accommodation;]
(h) “local authority” means the Municipal Corporation or Municipal Council or Cantonment Board or Nagar Panchayat or Gram Panchayat or Special Area Development Authority;
(i) “malpractice” includes cheating, touting, impersonation, obstruction in allowing free choice for stay or travel arrangement, charging rent or remuneration higher than that fixed under this Act, failure to display the rent list, failure to give cash memos, wilful failure to execute an order within the stipulated period and according to the terms agreed upon, failure to provide accommodation to the tourists when available, failure to provide promised facilities and providing substandard equipment and untrained personnel by the adventure sports operator;
Explanation.- The expression “touting” means coercing for accommodation, transportation, sight seeing or pestering for any particular premises, establishment or any other services connected with tourism with the consideration of personal benefit;
(j) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “prescribed authority” means the authority notified as such by the Government; provided that different authorities may be notified for different areas and for different provisions of this Act;
(m) “season” means the period from 15 th April to 15 th July and from 15 th September to 15 th January; and rest of the period shall constitute “off- season”;
(n) “tourism unit” means any establishment providing facilities and services to the tourists and includes hotel, resorts, motels, time share units, 2 [Home Stays,] apartments, house-boats, motor caravans, guest houses, yatri niwases, restaurants and
1. Clause (gg) inserted vide H.P. Act No. 2 of 2024.
2. The words and sign “Home Stays,” inserted vide H.P. Act No. 2 of 2024.
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 7 bars, amusement parks, theme parks, water sports centres, aero-sports centres, golf courses, handicraft village complexes, camps, river cruises, lake cruise projects, light and sound shows, adventure sports complexes, 1 [Ropeways, Convention Centres and Wellness Centres,] training institutes for adventure sports or tourism industry doing business for a monetary consideration and any other type of establishment as may be notified by the Government from time to time;
(o) “tourism unit operator” means any person who owns, runs or operates a tourism unit and includes a person managing or operating the affairs on behalf of the proprietor;
(p) “tourist” means a person or group of persons, including pilgrims visiting the State of Himachal Pradesh; and
(q) “travel agent” means a person engaged in the business of making travel arrangements for tourists for monetary consideration.
Explanation.- the expression “travel arrangements” includes,-
(a) arrangement for transportation by any mode;
(b) arrangement for lodging with or without board; and
(c) rendering other services such as arranging for games and sports or receipt or despatch of personal belongings of a tourist or taking photograph(s) of a tourist, hiring of guides, photographers, arranging equipment for travel or adventure sports.
CHAPTER- II TOURISM DEVELOPMENT BOARD 2 [4. Establishment and constitution of the Board.- (1) The Government may, by notification in the Official Gazette, establish a Board to be known as the “Tourism Development Board” for carrying out the purposes of this Act.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and may, by the said name sue and be sued.
(3) The Board shall consist of the following members :-
(i) Chief Minister of Himachal Pradesh Chairman;
(ii) Tourism Minister of Himachal Pradesh Senior Vice-Chairman;
1.The words and sign “Ropeways, Convention Centres and Wellness Centres,” inserted vide H.P. Act No. 2 of 2024.
2. Section 4 substituted vide H.P. Act No. 14 of 2020.
8 THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002
(iii) A person nominated by the Government Vice- Chairman;
(iv) Official members:
(a) Chief Secretary to the Government of Himachal Pradesh;
(b) Secretary (Tourism) to the Government of Himachal Pradesh;
(c) Secretary (Finance) to the Government of Himachal Pradesh;
(d) Secretary (Forest) to the Government of Himachal Pradesh;
(e) Secretary (PWD) to the Government of Himachal Pradesh;
(f) Secretary (Urban Development) to the Government of Himachal Pradesh;
(g) Secretary (Town and Country Planning) to the Government of Himachal Pradesh;
(h) Secretary (Youth Services and Sports) to the Government of Himachal Pradesh;
(i) Secretary (Health/Ayurveda) to the Government of Himachal Pradesh;
(j) Secretary (Horticulture) to the Government of Himachal Pradesh;
(k) Secretary (Excise and Taxation) to the Government of Himachal Pradesh;
(l) Secretary (Industries) to the Government of Himachal Pradesh;
(m) Secretary (Planning) to the Government of Himachal Pradesh;
(n) Secretary (Law) to the Government of Himachal Pradesh;
and
(o) Secretary (Language, Art and Culture) to the Government of Himachal Pradesh;
(v) Non-official members:
(a) four representatives of the Hotels Associations;
(b) two representatives of the Travel Agent's Associations;
(c) two representatives of the Adventure Sports Operator's Associations;
(d) two representatives of the other interested groups of tourism industry;
THE HIMACHAL PRADESH TOURISM DEVELOPMENT AND REGISTRATION ACT, 2002 9
(e) three non-official members, to be nominated by the Government, by notification, from amongst the persons, having outstanding contribution or expertise in the field of development and promotion of tourism industry and having experience of working in the tourism trade for atleast 10 years; and
(f) two representatives of the registered Non-Government Organizations; and
(vi) Director (Tourism), Himachal Pradesh Ex-Officio Member-Secretary.
(4) The Vice-Chairman and non-official members shall be paid such allowances, as may be prescribed.]