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Section 2: Definitions

The Kerala Registration of Tourist Trade Act, 1991State Act of Kerala · Act 17 of 1991

In this Act, unless the context otherwise requires,—

(a) 'black-list' means the list of dealers, hotel keepers or travel agents black-listed under the provisions of this Act and maintained by prescribed authority and exhibited at the places as may be precscribed.

(b) 'certificate of registration' means a certificate issued under this Act;

(c) 'dealer' means a person carrying on in a tourist area, the business of selling any notified article, whether wholesale or retail, and includes his agent or employee transacting business on his behalf;

(d) 'hotel' means any premises or part of premises including a houseboat, restaurant, bar or a tent where lodging with or without board or any kind of eatables or beverages is provided for a monetary consideration;

(e) 'hotel-keeper' means any person who owns or operates a hotel as proprietor and includes a person managing or operating the affairs of a hotel for and on behalf of the proprietor;

(f) 'malpractice' includes dishonesty, cheating, touting, impersonation, obstruction in allowing free choice for shopping or stay or travel arrangements, charging a price higher than that fixed under this Act, failure to display price label on the article, failure to give cash 1 Received the assent of Governor on 8th day of May, 1991 and published in the Kerala Gazette Extraordinary No. 623 dated 9th May, 1991.

5 memos and wilful failure to execute an order within the stipulated time or according to the terms agreed.

Explanation 1.—For the purposes of this clause, labelled price shall be the reasonable prices with stock number recorded on each label of each item as reflected in the stock books of dealer or manufacturer maintained at their places of business which shall be open for inspection by the buyer of the item or by the prescribed authority.

Explanation 2.—The expression 'touting' means coercing for shopping, accommodation, transportation, sight-seeing or pestering for any particular premises, person, establishment or manufacturer with consideration of personal benefit.

(g) 'notified article' means any article notified by the Government in the Gazette or in any publication prescribed in this behalf for purposes of this Act;

(h) 'part' means a part of this Act;

(i) 'prescribed' means prescribed by rules made under this Act;

(j) 'prescribed authority' means the authority notified as such by the Government, provided that, different authorities may be notified for different provisions of this Act;

(k) 'tourist area' means any area notified by the Government in the Gazette or any publication prescribed in this behalf, to be a tourist area for purposes of this Act;

(1) 'tourist' means a person or group of persons including pilgrims visiting the State from any part of India or outside India and includes a traveller or a group of persons visiting a particular area from any other part of the State;

(m) 'travel agent' means a person engaged in the business of making travel, trekking, camping, tour operating or other travel arrangements for tourists for a monetary consideration and includes a tourist guide, excursion agent, tent and camping agent or cargo agent.

(n) 'person' includes a firm, company, corporation and association of persons.

Explanation.—For the purposes of clauses (f) and (m) the expression ‘travel arrangements' includes—

(a) arrangements for transportation, sight-seeing;

(b) arrangements for lodging with or without board; and

(c) rendering other services such as assistance for game, sports or receipt or despatch of personal belonging of a tourist.

PART II REGISTRATION OF DEALERS

Where this provision sits

ActThe Kerala Registration of Tourist Trade Act, 1991
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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