(a) Spreading waste (Plates, Plastic wrappers and bags etc.) at a Tourist Place is being prohibited. Waste materials can only be thrown in the Dustbin. Any person found throwing waste, except in the dustbin, at a tourist place may be charged a fine upto Rs. 3000 (Three Thousand) either by the competent authority or by the officer nominated/appointed for the purpose of the act by the competent authority.
(b) The Department will construct/provide dustbin at all tourist place of the state within One year from the date of enactment of the act.
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16. It will be the duty of the visitor(s) to keep the tourist place clean and not to use non-biodegradable materials so far as possible. The visitor(s) should use Biodegradable plates instead of using Plastic or Foam plates, etc. (Non bio – degradable material) so far as possible.
17. Offences and penalties –
(i) 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 his powers and performing his functions under this Act, shall be fined upto Rs. 25,000/- (Twenty Five thousand rupees).
(ii) The provisional of above (Subsection – 17(i)) the penalty will not apply to the sections of the act in which the provision for penalty has been made i.e. in section 10, 11, 12, 13, 14 and 15.
(iii) Wherever a person or a company or a firm or a society or any other body is found responsible for any damage of the Government/Public property at a tourist place, the competent authority or the officer appointed/nominated by the competent authority for the purpose of the act may charge fine and compensation for the damage.
(iv) If any body fails to deposit the fine or compensation charged either by the competent authority or by the officer nominated/appointed for the purpose of the act by the competent authority within the stipulated time, it shall be recoverd by the competent authority under the provisson incorporated for recovering in Bihar and Orissa Public demand recovery Act 1914.
(v) Any offence committed under this Act shall be cognizable and nonbailable.
(vi) All offences under this Act shall be tried in a summary way by a Judicial Magistrate of the First Class specially authorised by the High Court and the provisions of Sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 shall apply to such a trial provided that when C:\Program Files (x86)\PDF Tools AG\3-Heights(TM) Document Converter Service\Temp\07c5f3089c474844f10fb9ef4ecdd9ed.doc 8 at the commencement of or in the course of a summary trial under this section, it appears to the Magistrate that the nature of the case is such that it is for any reason, undesirable to try summarily, the Magistrate shall after hearing the parties record an order to that effect and thereafter recall any witness, who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.
(vii) If any person found guilt under this act then the ASSISTANT (TOURIST) POLICE 1 /authorised official by department may impose fine as per schedule I of this act on the spot.
18. Appeal –
(i) An appeal shall lie against the order passed by the competent authority or the officer appointed/ nominated for the purpose of the act under this Act to the appellate authority which will be the Secretary, Tourism, Government of Jharkhand, whose decision on appeal shall be final.
(ii) The appeal must be done within 30 days from the date of receipt of the order the appeal. In case of appeal received after 30 days from the date of receipt of the order, if the appellate authority thinks that appeal could not be filed within the said 30 days for some specific causes or conditions (illness or some other condition in which the appeal could not be filed), the appellate authority may accept the appeal after the said 30 days period.
(iii) No appeal in any condition can be accepted after 90 day from the date of receipt of the order.
19. Protection for acts done under this Act - No suit, prosecution or other legal proceedings shall lie in any court, against the Government, Competent Authority or any of its officers or persons duly appointed / nominated or authorized by it in respect of anything which is done in good faith or is intended to be done in pursuance of or under this Act or the rules made there under.
1. Subs. by Jharkhand ammendment Act 11 of 2017, (w.e.f. 09.05.2017) C:\Program Files (x86)\PDF Tools AG\3-Heights(TM) Document Converter Service\Temp\07c5f3089c474844f10fb9ef4ecdd9ed.doc 9
20. Certain officers to act in aid of Competent Authority - All officers of the police force, home guards, person in-charge of Police station shall act in aid of the orders of Competent Authority.
21. Power to make rules - The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
22. Power to remove difficulties - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with the provisions of this Act which appear to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of three years from the commencement of this Act.
Secretary-cum-legal advisior Government of Jharkhand.
C:\Program Files (x86)\PDF Tools AG\3-Heights(TM) Document Converter Service\Temp\07c5f3089c474844f10fb9ef4ecdd9ed.doc 10 Schedule - I Sl No. Offence Penalty
1. Any construction at tourist place without the consent of department / competent authority.
Fine upto Rs. 25,000/-
2. Any alteration in the existing structure without the consent of department / competent authority.
Fine upto Rs. 20,000/- Plus compensation for the loss occured due to such alteration.
3. Intentionally or delibrately destroy or damage the structure(s), assets or facilities of the government provided at tourist place.
Fine upto Rs. 10,000/- Plus compensation equal to monetary value of loss due to the damage.
4. Consumption of Narcotic Substances at tourist place except for medicinal use.
Fine upto Rs. 5000/-
5. Consumption of Alcoholic beverage / Drunkeness.
Fine upto Rs. 1000/-
6. Maliciously hurting or attempt to hurt tourists at tourist place.
Fine upto Rs. 25000/-
7. Endangering tourist safety by willfull act.
Fine upto Rs. 20000/-
8. Molestation of tourists at tourist place Fine upto Rs. 5000/-
9. Carrying offensive materials.
Fine upto Rs. 5000/-