The KARNATAKA TOURISM TRADE (FACILITATION AND REGULATION) ACT, 2015

KARNATAKA ACT NO. 21 OF 2015 THE KARNATAKA TOURISM TRADE (FACILITATION AND REGULATION) ACT, 2015 Arrangement of Sections STATEMENT OF OBJECTS AND REASONS Sections: CHAPTER I - PRELIMINARY 1. Short title and commencement 2. Definitions CHAPTER II INSTITUTIONAL FRAMEWORK 3. Constitution of State Tourism Council 4. Term of office and conditions of services of the non-official members 5. Powers of the chairperson 6. Meetings of the Council 7. Powers and functions of the council CHAPTER III REGISTRATION, RECOGNITION AND GRADING OF TOURISM TRADE RELATED ACTIVITIES 8. Registration, Recognition and Grading 9. Application for registration, recognition and grading of tourism trade 10. Procedure for registration, recognition and grading of tourism trade 11. Maintaining records of registration 12. Publication of registered or recognised tourism trade 13. Cancellation of Registration and recognition 14. Re-gradation 15. Renewal of recognition and grading CHAPTER IV LICENSING 16. Tour Guides License CHAPTER V TOURIST MITRA 17. Tourist mitra CHAPTER VI DEVELOPMENT AND PROMOTION OF TOURIST DESTINATIONS 18. Public Private Sector Partnership and formation of joint venture CHAPTER VII INFORMATION ON TOURISM 19. Statistical information 20. Database development and dissemination of information on Tourism CHAPTER VIII MISCELLANEOUS 21. Duties of the Government 22. Duties of the Local Authorities towards public health and sanitation etc 23. Prohibition of certain activities in tourist destinations 24. Protection and Maintenance of the tourist destination 25. Punishment for false display of recognition 26. Punishment for unauthorised usage of Government Tourism brand 2 27. Protection of action taken in good faith 28. Cognizance of offences by courts 29. Appeal 30. Offences by Companies 31. Powers of the prescribed or competent authority and appellate authority to summon 32. Act to over ride other laws 33. Recovery of dues 34. Power to remove difficulties 35. Power to make regulations 36. Power to make rules 37. Delegation of powers STATEMENT OF OBJECTS AND REASONS I Amending Act 10 of 2015.- It is considered necessary to provide for,- (1) facilitation, regulation and promotion of tourism trade in the State; (2) constitution of the State Tourism Council; (3) registration, recognition and grading of tourism trade in the tourist destinations; (4) licensing of tour guides; (5) appointment of tourist mitra to ensure safety of the tourists; (6) prohibition of certain activities in tourist destinations; (7) protection and maintenance of tourist destinations; (8) collection of statistical information from service providers and establishment of database on tourism; and (9) other matter connected therewith or incidental thereto. Hence, the Bill. [L.A. Bill No. 13 of 2015, File No. Samvyashae 08 Shasana 2015] [entry 26 of List II of the Seventh Schedule to the Constitution of India.] II Amendment Act 57 of 2025:- It is considered necessary to amend the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015, (Karnataka Act No. 21 of 2015) to constitute a District Level Monitoring Committee to review and submit the proposal regarding facilitation, regulating and promotion of tourism trade in the jurisdiction of concerned District. Hence, the Bill. [L.A. Bill No. 44 of 2025, File No. SAMVYASHAE 57 SHASANA 2025] [Entry 26 of List II of the Seventh Schedule to the Constitution of India] [Published in Karnataka Gazette Extra-ordinary No.565 in part-IVA dated:10.09.2025] III 3 Amendment Act 61 of 2025:- It is considered necessary to amend the following Acts for decriminalising and rationalising offences and to further enhance trust-based governance for ease of living and doing business, namely:- 1. the Bangalore Water Supply and Sewerage) Act, 1964 (Karnataka Act 36 of 1964); 2. the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987); 3. the Karnataka Agricultural produce marketing (Regulation and Development) Act, 1966 (Karnataka Act 27 of 1966); 4. In the Karnataka Warehouse Act, 1961 (Karnataka Act 11 of 1962); 5. the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015 (Karnataka Act 21 of 2015); 6. the Karnataka Industrial Areas Development Act, 1966 (Karnataka Act 18 of 1966); 7. the Karnataka Gram Swaraj and Panchayatharaj Act, 1993 (Karnataka Act 14 of 1993); 8. the Karnataka Lifts, Escalators and Passenger Conveyors Act, 2012 (Karnataka Act 9 of 2013); 9. the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964); 10. the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977); 11. the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) ;and 12. the Karnataka Industries (Facilitation) Act, 2002 (Karnataka Act 45 of 200 Hence, the Bill. [L.A. Bill No. 59 of 2025, File No. SAMVYASHAE 65 SHASANA 2025] [Entries 5, 6, 28, 32 of List II and entry 20 of List III of the Seventh Schedule to the Constitution of India] [Published in Karnataka Gazette Extra-ordinary No.577 in part-IVA dated:12.09.2025] 4 KARNATAKA ACT NO. 21 OF 2015 (First Published in the Karnataka Gazette Extra-ordinary on the second day of May 2015) THE KARNATAKA TOURISM TRADE (FACILITATION AND REGULATION) ACT, 2015 (Received the assent of the Governor on the thirtieth day of April 2015) (As amended by Acts 57 of 2025 and 61 of 2025) An Act to facilitate and regulate tourism trade in the State. Whereas it is expedient to provide for facilitation and regulation of tourism trade in the State of Karnataka and for the matters connected therewith or incidental thereto; Be it enacted by the Karnataka State Legislature in the sixty sixth year of the Republic of India as follows:- CHAPTER I – PRELIMINARY 1. Short title and commencement.- (1) This Act may be called the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015. (2) It shall come into force on such date, as far as possible not later than six months from the date of its publication in the Official Gazette, as the Government may, by notification appoint. 2. Definitions.- (1) In this Act, unless the context otherwise requires,- (a) “Council" means the State tourism council constituted under section 3; (b) “Chairperson” means the Chairperson of the Council constituted under section 3; (c) “Government” means the State Government; (d) “Government agency” means a Government undertaking, Local Authority or body or corporation established by or under any law and owned or controlled by the Government or any other body or authority owned or controlled by the Government, holding not less than fifty-one percent of paid-up share capital in such corporation or body; (e) “Government tourism entities” shall include any State Government Department or Government entities responsible for or entrusted with the development and promotion of tourist destination or tourism; (f) “Local authority” means any Gram panchayat, Town panchayat, Municipal council, Municipal corporation, development authority or other statutory authority which is a local self Government entrusted with the control or management of any area; (g) "Malpractice" means,- (i) touting which shall include pestering any tourist or group of tourists for availing facilities of shopping, accommodation, transportation, sightseeing or even going to the extent of harassing tourist to visit any particular premises or establishment, or tourism operator connected with tourism trade or any other establishment where tourist would like to stay or purchase something; Explanation.- Any recognized, registered or bonafide tourism operator already engaged by any tourist or whose services were hired or resorted by the tourist voluntarily, when receives or contacts any tourist at any place where tourist visits, such person while so receiving or contacting shall not be treated as a tout within the meaning of this clause; (ii) charging a price higher than that displayed or declared; (iii) charging remuneration higher than that fixed; (iv) failure to display prices; (v) failure to display tariff; (vi) failure to give cash memo or credit memo; (vii) failure to execute an order according to terms agreed within reasonable time after the expiry of the period for performance of the obligation; (viii) charging tariff higher than fixed and displayed; (ix) the receiving and paying of any monetary gratification or commission for touting, coercing or forcing the tourist; (x) use of misleading names and logos such as palace, fort, haveli even when requisite characteristics of such places are missing; or showing of incorrect star rating of a hotel or showing names or abreviations and logos similar to those 5 which are in existence since long and reputed as such; with the intention to attract the tourists or people at large by colourable imitation of established and reputed name of bonafide service providers or public bodies; and (xi) any uncalled for person waiting outside any tourist place and hotel with intent to follow any tourist without his wishes; Explanation.-For the purposes of this clause,- (I) delay or fault in service owing to mechanical or natural failure of any system or apparatus despite due care and caution would not amount to be malpractice; (II) inability of any service provider to perform its commitments owing to vis major or State action, shall not be treated as a malpractice; (h) “Member” means member of the Council constituted under Section 3; (i) “Member Secretary” means the member secretary of the Council constituted under Section 3; (j) ‘‘Nuisance" includes any act of commission or omission or carrying on of any activity, process, operation which causes or is likely to cause injury, danger, annoyance to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property; (k) “Prescribed” means prescribed by rules made under this Act; (l) “Prescribed Authority” means authority appointed by the Government by rules for the purpose of this Act. Different Authorities may be prescribed for different provisions of the Act; (m) “Public Private Partnership” means an arrangement between Government or its agency on one side and a private sector participant on the other, for the provision of public assets or related services for public benefit, through investments being made by or management undertaken by the private sector participant for a specified period of time, where there is a substantial risk sharing between the Government and the private sector participant and where the private sector participant receives performance linked payments that conform to specified, pre-determined and measurable performance standards; (n) “Regulations” means regulations made under this Act; (o) “Tour guide” means a person who, for reward, accompanies tourists visiting any tourist destination and furnishes information or comments with regard to any matter of significance, historical, archaeological, botanical, ethnological, cultural, social or other interest with respect to such location; (p) “Tourism trade” means and includes such class of facilities, service, activities or products relating to tourism, as may be prescribed, provided to a tourist in a premises or by any person or travel agency regularly or occasionally and includes facilities services or activities relating to tourism including medical tourism, eco tourism, rural tourism, water tourism, caravan tourism and adventure tourism or any other class of tourism by whatever name called and home stay, hotel, resort, wellness centre, visitor information centre, interpretation centre, water sports, boat house, way side amenity, dormitories as may be prescribed. (q) “Tourism operator” in relation to a tourism trade, means any person, company, association or firm or any other body who conducts or operates a tourism trade or who is responsible for its management; (r) “Tourist” means a person travelling to and staying in a place outside his usual place of residence for more than twenty-four hours, but not more than one consecutive year, for any purpose not being a work related activity remunerated from within the place visited; Explanation: For the purposes of this clause,- (i) person coming to establish residence in the State; (ii) persons visiting their home town or native place on a short visit for meeting relatives and friends, attending official work, social and religious functions etc. and stay in their own homes or with the relatives and friends and not using any tourism Facilities; (iii) foreigners resident in the State having taken up job or occupation in the State; shall not be regarded as tourists; (s) “Tourist destination” means any area, place, site or location in the State where tourist visit frequently and notified as such by the Government in this behalf; (t) “Tourist mitra” means the tourist mitra appointed under Section 17; 6 (u) “Touting” includes enticing, misguiding or coercing for shopping, accommodation, transportation, sight-seeing or pestering for any particular premises, including the precincts thereof, any person, establishment, dealer or manufacturer for personal consideration; Explanation.- Whoever loiters around airports, railway stations, bus stands, markets or any other places frequented by tourists with the intention of offering unsolicited service to the tourist or pestering or coercing to use any such service and exhibits such conduct so as to show such intention (like following, arguing, communicating or otherwise drawing attention of tourists through words or gestures or placards or pamphlets and thereby causing obstruction or annoyance to tourists or general public) and otherwise has no reasonable explanation for frequenting in such place shall be deemed to have committed the act of touting. (v) “Travel Agent” means any person or agency who, arranges for, advises on, or undertakes to provide travel arrangements for tourists including ticketing, transportation, visa, accommodation, guided tours, organised excursions or such other arrangements as may be prescribed; (w) “Vice Chairperson” shall means the vice chairperson of the Council constituted under Section 3. (x) CHAPTER II INSTITUTIONAL FRAMEWORK 3. Constitution of State Tourism Council.- (1) The State Government shall, as soon as possible after the commencement of this Act, but not later than six months from the date of commencement of this Act by notification, constitute a council to be called the “Karnataka State Tourism Council” (hereinafter referred to as “the Council”) consisting of the following members, namely;- (a) The Chief Minister, Government of Karnataka Chairperson (b) The Minister for Tourism, Government of Karnataka Vice Chairperson (c) The Additional Chief Secretary to Government, Member Department of Tourism (d) The Principal Secretary to Government, Department Member of Finance (e) The Additional Chief Secretary to Government, Member Department of Home (f) The Principal Secretary to Government, Department Member of Infrastructure development (g) The Secretary to Government, Department of Member Information Technology (h) The Principal Secretary to Government, Department Member of Revenue (i) The Principal Secretary to Government, Department Member of Public Works and Inland water transport (j) The Principal Secretary to Government, Department Member of Kannada, Culture and Information (k) The Additional Chief Secretary to Government, Member Department of Forest, Ecology and Environment (l) The Director, Department of Tourism Member Secretary (m) Six members nominated by the State Government Non-official Members from amongst the concerned stakeholders of travel and tourism sector having adequate knowledge and professional experience of at least fifteen years in their respective field and in a position to provide insights in formulating strategies for promotion of tourism in the State of which atleast one shall be a person belonging to the Scheduled Castes or the Scheduled Tribes and one shall be a woman. 7 Provided that, the Chairperson may invite any person as he deems necessary to be a special invitee to the Council. (2) The headquarters of the Council shall be at Bengaluru or at such other place as may be notified by the Government. 1[3-A. District Level Monitoring Committee.- (1) There shall be constituted a District Level Monitoring Committee to review and submit the proposal regarding facilitation, regulating and promotion of tourism trade in the jurisdiction of the concerned District. (2) The District Level Monitoring Committee shall consist of the following members, namely:- (a) The Deputy Commissioner of the concerned District Ex-officio Chairperson (b) The Superintendent of Police of the concerned Ex-officio member District (c) The Chief Executive Officer of Zilla Panchayat of Ex-officio member the concerned District (d) The Deputy Conservator of forest of the concerned Ex-officio member District (e) The Superintending Engineer, Public Works Ex-officio member Department of the concerned Jurisdictional District (f) The Deputy Director of Archaeological Department of Ex-officio member the concerned District (g) Three members nominated by the State Government Members and three members nominated by the District Committee from amongst the concerned stakeholders of travel and tourism sector having adequate knowledge and professional experience in their respective fields of which at least one shall be a person belonging to the Scheduled Caste or Scheduled Tribes and one person belonging to the Backward Classes: Provided that out of six members one member shall be a woman. (h) The Deputy Director, Tourism, Department of the Ex-officio member Secretary concerned District (3) The District Level Monitoring Committee shall submit suitable proposals to the State Tourism Council for the works/proposals to be undertaken in respect of their departments within the jurisdiction of the concerned district.]1 1. Inserted by Act 57 of 2025 w.e.f.10.09.2025. 4. Term of office and conditions of services of the non-official members.- (1) Subject to the pleasure of the Government, the nominated non-official members shall hold office for a period not exceeding three years. However, the non-official members may be reappointed for a further period of three years. (2) A non-official member may resign his office by writing in person addressed to the Government but shall continue in office until his resignation is accepted. (3) A non-official member shall receive such allowances as may be provided in regulations. 5. Powers of the chairperson.- (1) The chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the Council. (2) The chairperson shall, preside over the meetings of the council as well as exercise and discharge the powers and functions of the council as are vested in him in accordance with the regulations. 6. Meetings of the Council.- (1) The council shall meet at such times and places and observe such procedure in regard to transaction of business at the meetings including the quorum as may be provided in the regulations. 8 (2) When the chairperson of the council, or in his absence the vice-chairperson, and in the absence of both the chairperson and the Vice-chairperson, any other member chosen by the members present from amongst themselves shall preside over the meeting of the council. (3) All questions at a meeting of the council shall be decided by a majority of the votes of the members present and voting and, in the case of any equality of votes, the person presiding shall have a second or casting vote. (4) No act or proceeding of the council shall be invalid merely by reason of, - (a) any vacancy in, or any defect in the constitution of the council; or (b) any defect in the appointment of a person acting as a chairperson or vice-chairperson or member of the council; or (c) any irregularity in the procedure of the council not affecting the merits of the case. 7. Powers and functions of the council.- (1) The council shall,- (a) act as an apex body in the matter relating to the development and promotion of tourism; (b) make recommendations to the Government on the matter relating to development and promotion of tourism; (c) advise and give suggestions to the Government tourism entities in discharge of its functions under this Act; (d) coordinate and support marketing or promotion activity in relation to tourism conducted by the Government tourism entities; (e) work collaboratively with Central Government, neighbouring states and other tourism related agencies to develop state tourism sector; and (f) any other powers or functions as may be prescribed. (2) The council shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions. (3) The council may through regulations establish one or more committees as it may deem necessary to assist council in carrying out its functions and may vest such of its functions as it considers appropriate to the committees so established. (4) All proceedings of the council shall be authenticated by the member secretary. CHAPTER III REGISTRATION, RECOGNITION AND GRADING OF TOURISM TRADE RELATED ACTIVITIES 8. Registration, Recognition and Grading.- (1) Every category of tourism trade in the tourist destination shall be registered, recognised and graded in accordance with the procedures set out in the rules made under this Act from time to time. (2) The rules issued under sub-section (1) may in particular make provision,- (a) as to the standard and norms of the tourism trade intended to be registered under the Act; (b) for the charging of annual or other periodical fees for registration, recognition, renewal and grading; (c) for the issue and display of certificates of registration and the display of signs indicating that a tourism trade is registered; (d) for the inspection of tourism trade and for powers of entry for that purpose; (e) for requiring the criteria in accordance with which the classification or grading is carried out; (f) for the publication of any criteria so determined; (g) as to the form and contents of the register or registers to be maintained under the rules and as to the tourism trade to be registered therein; (h) benefits or incentives available for registered or graded tourism trade; and (i) such other supplementary and incidental provisions as the Government may find necessary or expedient. (3) No person shall conduct or operate any of the tourism trade in any tourist destination with respect to which the rules and regulating such tourism trade is made under this Act, unless such category of tourism trade is registered, recognised or graded: Provided that a person who is carrying on any category of tourism trade on the date of commencement of the rules regulating such category of trade may continue to carryon such trade if he has made application for registration, recognition or grading under this Act unless it is rejected: 9 Provided, further that where a tourism trade is registered by Government of India, such tourism trade may be exempted from registration and grading under this Act. The tourism operator of such facility shall provide a copy of the certificate of registration or grading, as the case may be, issued by Government of India to Department of Tourism. On verification of such certificate, the Department of Tourism may exempt such tourism trade from the requirement of registration or grading under this Act. (4) Any person found contravening sub-section (3) with respect to any tourism trade after expiry of one year from the date of commencement of this Act, shall be guilty of an offence and on conviction be liable to a fine not exceeding rupees ten thousand . 1[(5) Any person or Organisation who having been found to be conducting or operating a category of tourism trade requiring mandatory registration or recognition under sub-section (3), without such valid registration, and having been subjected to an initial penalty or warming for such non-compliance under sub-section (4), continues to contrivance the provisions of sub-section (3), shall be liable to further penalties and administrative sanctions to be imposed by the prescribed Authority in accordance with such procedure as may be prescribed. (a) For the first such instance of contravention, such person shall be liable to a monetary penalty as may be prescribed, Authority may order the suspension, for a period which may extend to three months of any existing trade license or No Objection Certificate (NOC) from local authorities held by such person for the tourism trade concerned or may direct such authorities to suspend the same. (b) For the second such instance of continued contravention, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first instance of continued contravention, as may be prescribed. In addition, the prescribed authority may order the suspension, for a period which may extend to six months of any existing trade license or No Objection Certificate from local authorities held by such person for the tourism trade concerned or may direct such authorities to suspend the same. (c) For the third or any subsequent such instance of continued contravention, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second instance of continued contravention, such penalty shall be as may be prescribed. The prescribed authority shall order the cancellation or termination or direct the concerned local authorities to cancel or terminate, any existing trade license or No Objection Certificate held by such person for the tourism trade concerned: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The rules shall also prescribe the criteria for determining continued and repeat offenses and the appellate mechanism.]1 1. Substituted by Act 61 of 2025 w.e.f. ………………. 9. Application for registration, recognition and grading of tourism trade.- The tourism operator who is conducting or operating or intends to conduct or operate any category of a tourism trade in a tourist destination shall within six months from the date of commencement of the rules with regard to such category of tourism trade, apply to the prescribed authority for registration, recognition and grading of tourism trade in such manner and in such form and along with such fee as may be prescribed. 10. Procedure for registration, recognition and grading of tourism trade.- (1) On receipt of an application for registration, recognition or grading of any tourism trade, the prescribed authority shall cause inspection under sub-section (3) and if it is of the opinion that the requirements for such registration, recognition and grading, as the case may be have been complied with, register, recognise and grade such tourism trade. Where the prescribed authority is of the opinion that the rules have not been complied with, it may refuse to register, recognise and grade the tourism trade for the reasons to be recorded. (2) The prescribed authority shall verify an application for registration, recognition and grading of a tourism trade within ninety days following the date of receipt of such application. (3) Before registering, recognising or grading of a tourism trade, the prescribed authority,- (a) shall inspect the tourism trade or shall cause the tourism trade to be inspected through an authorized officer or Government agency; 1 0 (b) may call for a report from any authorized officer or Government agency appointed for the purpose of assisting them in taking decision on registration, recognition or grading; (c) may make or cause to be made such further investigations in regard thereto as it considers necessary. (4) On the registration, recognition or grading of tourism trade, the prescribed authority shall issue to the tourism trade a certificate in the form prescribed. 11. Maintaining records of registration.- (1) Before or as soon as possible after the publication of any rules under sub-section (1) of Section 8 requiring the registration, recognition and grading of any class of tourism trade, the Department of Tourism shall establish a cell for maintaining records of tourism trade registered, recognised and graded under this Act. (2) The Department of Tourism shall also maintain the records and notify from time to time the tourism trade that are registered recognized or graded by Government of India. 12. Publication of registered or recognised tourism trade.- The Department of Tourism shall publish, once in a year or at such other intervals as the Government may direct, a list of tourism trades that have been registered and recognised together with such information as it thinks proper in relation to the grades and standards of such facilities and any other matter of interest to tourists. 13. Cancellation of Registration and recognition.- (1) Whenever it comes to the notice of the prescribed authority and if it considers that there has been a failure in respect of a registered and recognised tourism trade to comply with any of the prescribed conditions or requirements regarding registration, recognition or grading, the prescribed authority may give notice to the tourism operator of such tourism trade requiring him to comply with the conditions or requirements, within a period not exceeding thirty days of such notice, failure of which shall render the registration, recognition or grading liable for cancellation. (2) The tourist operator of a registered and recognised tourism trade in respect of which a notice has been issued under sub-section (1) shall, before the expiry of the period specified in the notice, make written reply to the prescribed authority giving reasons as to continue the registration and recognition. (3) If, upon the expiry of the period specified in a notice given in terms of sub-section (1), the prescribed authority considers that the condition or requirement has not been complied with and that no good reason has been shown as to why the tourism trade concerned should remain registered and recognised, it may cancel the registration and recognition of the tourism trade, and give notice of cancellation to the tourism operator. 14. Re-gradation.- (1) The prescribed authority may at any time on inspection done by it or any authorised officer after giving a tourism operator a reasonable opportunity of making written representations in the matter, re-grade the tourism trade if, in its opinion, reasonable and sufficient grounds exist for doing so. (2) The tourism operator whose tourism trade has been graded may, subject to such conditions and accompanied by such fee as may be prescribed, apply to the prescribed authority in the prescribed form and manner for the re-grading of the tourism trade. (3) The prescribed authority shall consider any application made under sub-section (2) and give its decision and take action as it considers appropriate. 15. Renewal of recognition and grading.- Recognition or grading certificate obtained with regard to any tourism trade under this Act shall be renewed once in every five years in such manner along with such fee as may be prescribed in the rules issued with respect to such tourism trade. CHAPTER IV LICENSING 16. Tour Guides License.- (1) License shall be issued by the prescribed authority to the tour guides in accordance with the procedure set out in the rules made under this Act. The rules shall also prescribe the educational qualification, syllabus, training and procedure for selection of the tour guides. (2) The prescribed authority shall regulate the matter as to the number of tour guide licenses to be issued in the tourist destination. 1 1 (3) The tour guide licensee under sub-section (1) shall hold an identity card, which shall be displayed in the manner prescribed. (4) The prescribed authority may refuse to issue tour guide license to a person under this section if that person,- (a) is convicted of any criminal offence, within five years immediately preceding the date of his application for registration; or (b) has history or record of being a criminal; or (c) does not fall within the qualification provided under this section; and shall inform that person the reasons for such refusal (5) Every tour guide licensed under this Act shall be required to,- (a) comply with the rules made under this Act; (b) use approved route or trails to guide the tourists; and (c) be polite, hospitable, helpful and friendly to tourists or visitors. (6) Any person may, lodge a complaint in writing with the prescribed authority against any tour guide who has contravened any provisions of this Act or rules made thereunder. (7) Where the prescribed authority is satisfied that the tour guide has contravened any of the provisions of this Act, he may suspend or cancel the licence of such tour guide. (8) Any person found acting as a tour guide, without obtaining licence from the prescribed authority, shall be liable to a fine not exceeding rupees two thousand upon the matter being reported to the prescribed authority by tourist mitra or any officer of Department of Tourism. On such report, the prescribed authority shall hold enquiry and afford opportunity of hearing to the person concerned before passing orders for 1[penalty]1. 1[(9) Any person who, having been previously penalised under sub-section (8), for acting as a Guide without valid license or registration or in contravention of the conditions of license or registration, continues to act as such or repeats the offense, shall be liable to further penalties and administrative sanctions to be imposed by the Prescribed Authority in such manner as may be prescribed. (a) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. The Prescribed Authority may order the suspension of their license or registration or recognition (If any previously obtained and is being misused or if they are operating despite a prior penalty for non registration), for a period which may extend to three months. (b) For the second such repeated offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first repeated offense, as may be prescribed and the Prescribed Authority may of their license or order the suspension registration or recognition (if any) for a period which may extend to six months. (c) For the third or any subsequent such repeated offence such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second repeated offence, as may be prescribed. In addition, the Prescribed Authority shall order the cancellation or permanent revocation of any license or registration or recognition held by such person and may debar them from applying for registration for a prescribed period: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be as may be prescribed.]1 1. Substituted by Act 61 of 2025 w.e.f. ………………. CHAPTER V TOURIST MITRA 17. Tourist mitra.- (1) A group of specially trained cadre known as tourist mitra shall be appointed in a tourist destination by the Department of Tourism on such terms and conditions as may be specified by it from time to time with prior approval of the Government to ensure necessary assistance to the tourists and to protect the tourist against any kind of harassment: Provided that the Department of Tourism may by notification designate any employee of the authority or organisation in charge of management of tourist destination as tourist mitra in consultation with that authority or organisation. 1 2 (2) The tourist mitra shall discharge such functions as are assigned to him under this Act and such other functions as the state Government may assign to him in accordance with law for the time being in force in the State in collaboration and co-ordination with the Department of Tourism. (3) The Department of Tourism shall deploy the tourist mitra at various places in the tourist destination in consultation with the Deputy Commissioner of the District and Superintendent of Police incharge of that area. (4) The officer incharge of the Department of Tourism having jurisdiction over the local area comprising the tourist destination shall have power to give directions to the tourist mitra if and when such occasion arises and he shall comply with those directions in the matters of functions assigned to him under this Act or the rules or regulations made there under. (5) The tourist mitra shall keep watch on Nuisance, Touts, hawkers, etc. for enforcing the provisions of this Act, tourist mitra shall patrol the tourist destinations and inform the concerned Police officer at police station having jurisdiction for initiating appropriate action against the illegal hawkers and touts etc. (6) The tourist mitra shall wear name tag and such uniform and insignia and other accessories as may be determined by the state Government and shall carry a photo identity card duly displayed on their person. (7) The state Government may make rules not inconsistent with the provision of this Act or any other law for the time being in force for regulating the tourist mitra. CHAPTER VI DEVELOPMENT AND PROMOTION OF TOURIST DESTINATIONS 18. Public Private Sector Partnership and formation of joint venture.- (1) The Government tourist entities shall engage with the private sector under a suitable Public Private Partnership framework or joint venture arrangements to bring in private sector investment in developing, promoting, operating and maintaining tourism infrastructure and facilities subject to such rules as may be prescribed. (2) The Government may make necessary rules for adoption of tourist destinations. CHAPTER VII INFORMATION ON TOURISM 19. Statistical information.- (1) Each and every owner or operator of the tourism trade whether registered under the provisions of this Act or not, shall be duty bound to furnish such statistical information or statistical data and at such intervals and in such form to such authority as may be prescribed. 1[(2) XXX]1 1[(3) XXX]1 1. Omitted by Act 61 of 2025 w.e.f. ………………. 20. Database development and dissemination of information on Tourism.- (1) The Department of Tourism shall establish a comprehensive tourism database for the tourism sector in the state. (2) The Department of Tourism shall, in respect of the data and information that it holds, progressively make the data and information available and accessible, through any means, to all the stakeholders. (3) The Department of Tourism shall, to facilitate the tourist and to promote tourism sector, encourage setting up of various systems and facilities like tourist information desks, centres etc. for dissemination of information on tourism. CHAPTER VIII MISCELLANEOUS 21. Duties of the Government.- It shall be incumbent on the Government to make reasonable and adequate provision by any means or measures it is lawfully competent to use or take, for each of the following matters,- construction and maintenance of road or rail to tourist destinations; 1 3 (a) provision for basic facilities and better access to the differently abled in the tourist destinations; (b) provision for basic facilities for women to meet their needs in the tourist destinations; (c) safety and security of tourist; and (d) any other duties as may be prescribed. 22. Duties of the Local Authorities towards public health and sanitation etc.- (1) Notwithstanding anything contained in any law in the State, the Local Authorities under whose local areas, the places of tourist destinations are situated, shall have the duty to ensure cleanliness and check defacement and defiling of the properties in their respective local area and also to effectively enforce the laws prohibiting littering on streets and public places and maintain cleanliness of roads, drain, man holes and maintenance of street lights and prevention of encroachments in and around tourist destination. (2) The Department of Tourism shall oversee the compliance of provisions contained in sub- section (1) and may issue directions to the concerned local authorities for strict compliance of their statutory duty and in case of persistent non-compliance and default, intimate action against erring local authorities in accordance with the laws governing such local authorities. 23. Prohibition of certain activities in tourist destinations.- (1) No person shall,- (a) commit any act of touting or malpractice against any tourist or engage in begging or hawking articles for sale at any tourist destination; (b) abet commission of any act of touting or malpractice against any tourist and begging or hawking of articles for sale in tourist destination; and (c) attempt to commit any act of touting or malpractice against any tourist in tourist destination. (2) Any person who,- 1[(a) Any person who contravenes the provisions of clause (a) of sub-section (1) by committing any act of touting or malpractice against any tourist, or by engaging in begging or hawking articles for sale at any Area or Place of Tourism Significance, where such practice is prohibited by rules or specific orders, shall be liable to penalties and administrative sanctions to be imposed by the Prescribed Authority or Adjudicating Officer, or by Tourist Mitra for minor initial infractions in accordance with such procedure as may be prescribed. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. Where the offender is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed Authority or Adjudicating Officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer shall order the cancellation termination or of such license or No Objection Certificate or registration: Provided that, no such monetary penalty or administrative sanction (beyond minor on-the- spot penalties by Tourist Mitra, if prescribed for specific minor acts) shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be such as may be prescribed.” (b) Any person who contravenes the provisions of clause (b) of sub-section (1), by abetting the commission of any act of touting or malpractice against any tourist, or the act of begging or hawking of articles for sale in any Area or Place of Tourism Significance (where prohibited), shall be liable to penalties and administrative sanctions to be imposed by the prescribed authority or adjudicating officer in accordance with such procedure as may be prescribed. 1 4 (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. Where the abettor is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer shall order the cancellation or termination of such license or No Objection Certificate or registration: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be such as may be prescribed. (c) Any person who contravenes the provisions of clause (c) of sub-section (1) by attempting to commit any act of touting or malpractice against any tourist in any Area or Place of Tourism Significance, shall be liable to penalties and administrative sanctions as follows, to be imposed by the prescribed authority or adjudicating officer in accordance with such procedure as may be prescribed. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where the offender is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months, or in cases of persistent attempts indicating a clear intent to defraud or harass, may order cancellation: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be as may be prescribed.]1 (3) Any person who engages himself in hawking articles for sale and committed offence under sub section (1) shall be dispersed by the tourist mitra and such person shall be directed to leave the area and remove himself beyond that area. The tourist mitra shall record the entry of this fact in a diary which shall be maintained by him in the prescribed manner. (4) Whenever any person to whom direction has been given under sub-section (3) to remove himself from the tourist destination- (a) fails to remove himself as directed; or (b) having removed himself, re-enters the area or part thereof shall be apprehended and removed from that area by any police officer and released outside that area and entry of such apprehension and release shall be recorded in the daily diary maintained at the police station.

(5) Whoever further engages himself in hawking articles for sale, even after having committed violation under sub-section (3) and his consequential removal under sub-section (4), the offender shall be arrested by any Police Officer and shall be produced before any officer not below the rank of Tahasildar authorised in this regard by the Deputy Commissioner of the local area where the offence is committed, who shall record the statement of the Police Officer as well as of the offender and peruse the daily diary or other record showing events of violation of this Act by the offender and after 1 5 hearing the offender and the Police Officer record his findings in a summary manner and where the offender is found to be guilty of violation of prohibition as aforesaid in this section, the prescribed officer shall impose a fine not exceeding rupees five hundred for violation of provisions of sub-section (4). 1[(6) Whoever, having been previously directed to remove themselves under sub-section (3), or (4), and subsequently penalized under sub-section (5), for engaging in hawking articles for sale (where prohibited), commits any further violation of the prohibition on hawking articles for sale in any Area or Place of Tourism Significance, shall be liable to further penalties and administrative sanctions to be imposed by the Prescribed Authority or Adjudicating Officer, which shall be an officer at or above the rank of Tahsildar in accordance with such procedure as may be prescribed. (i) For the first such further violation (after penalty under sub-section (5), such person shall be liable to a significantly higher monetary penalty as may be prescribed. If the hawker operates under any form of local permit or license for any activity, the Prescribed Authority or Adjudicating Officer may order its suspension for a period which may extend to three months. (ii) For the second such further violation, such person shall be liable to a monetary penalty, substantially higher than the previous, as may be prescribed. Any such permit or license may be suspended for a period which may extend to six months. (iii) For the third or any subsequent such further violation, such person shall be liable to a monetary penalty, substantially higher again, as may be prescribed in the rules. In addition, any such permit or license shall be cancelled or terminated, and the person may be debarred from hawking in specified tourist areas for a defined period. Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The aspect of arrest by police for this regulatory contravention shall be removed. The criteria for determining repeat offenses and the appellate mechanism shall be as may be prescribed.]1 1. Substituted by Act 61 of 2025 w.e.f. ………………. 24. Protection and Maintenance of the tourist destination.- (1) The Government may, by notification in the official Gazette, designate any officer of and above the rank of Group 'B' of the Government to be the competent authority for protection and maintenance of the tourist destination either for the whole of the State or for each district of the State 1[Penalties and administrative sanctions to be imposed by the Competent Authority or a designated Adjudicating Officer.]1 (2) No person, company, association or firm or any other body shall cause any nuisance or carry out any activity, process, operation, etc or omit to prevent or remove the nuisance, which damages or deteriorates or is likely to damage or deteriorate or is capable of being damaged or deteriorated or has damaged or deteriorated the tourism potentiality of any tourist destination. (3) The competent authority, either on its own motion or upon a complaint received or upon reference made to it, may, by an order in writing after giving prior notice, prohibit any nuisance being caused or prevent any such activity, process, operation as referred to in sub-section (2) above being carried out, if in the opinion of the said competent authority, it has damaged or deteriorated or is likely to damage or deteriorate the tourism potentiality of any tourist destination, and pass such interim orders as it deems fit. (4) If, in the opinion of the competent authority, a nuisance is having impact on the tourism potentiality, it shall issue notice to the owner, occupier, lessee, charterer or any person enjoying right of usage or has control of the object which has contributed to the nuisance and such person shall within a period of fifteen days from the date of receipt of such notice, abate or remove the same, and unless the same is removed or abated by the said person within the said period of fifteen days or such further time as may be extended by the competent authority, but not exceeding three months, the competent authority shall cause removal of such nuisance. (5) On the failure of the owner, occupier, lessee, charterer or any person against whom notice of removal of nuisance is issued, to comply with the order of removal of such nuisance within the time fixed by the competent authority, the material thing or object of nuisance shall stand forfeited and vest in the Government, except that when such material thing or object is sold in public auction, any sum over and above the cost of removal of nuisance, shall be payable to its owner. In case the cost of removal exceeds the sale price in auction the balance shall be recovered from the concerned owner, as provided in sub-section (6). (6) The expenses and costs incurred, if any, the competent authority in removing or abating such nuisance, shall be recovered from the person who has caused such nuisance or from the owner 1 6 or occupier of the object which has contributed to the nuisance, in the same manner as arrears of land revenue. (7) Any property, thing, material or object, which is a nuisance under this Act, may be disposed off or dealt with by the Government, in the manner it deems fit. (8) 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 its powers and performing its functions under this Act, 2[shall be liable to a penalty as may be prescribed.]2 1[(9) Minor acts (e.g., littering, causing minor nuisance) observed by Tourist Mitra shall lead to on- the-spot warnings or minor penalties levied by them (or by an adjudicating officer upon their report) as prescribed. (10) Significant damage, deterioration, or wilful obstruction shall attract higher monetary penalties imposed by the competent authority. (11) In addition, where the offender is an operator of a tourism trade or holds any licenseor No Objection Certificate or registration relevant to activities impacting the Area/ Place of Tourism Significance, the Adjudicating Officer may order the suspension of such license licenseor No Objection Certificate or registration for a period which may extend to three to six months, particularly if the offense involves negligence leading to damage or deterioration. (12) Imprisonment to be considered only as a last resort for exceptionally severe, deliberate, or repeated acts causing substantial irreversible damage, with clear definitions in the Act or rules made thereunder.]1 1. Inserted by Act 61 of 2025 w.e.f. ………………. 2. Substituted by Act 61 of 2025 w.e.f. ………………. 25. Punishment for false display of recognition.- 1[(1) If any person, company, association or firm or any other body falsely represents any tourism trade as holding a mandatory recognition under this Act, or a voluntary grade which it has not been awarded, the Prescribed Authority shall, in accordance with such procedure as may be prescribed. Impose penalties and administrative sanctions as follows:- (i) For the first such offense, such person or entity shall be liable to a monetary penalty as may be prescribed. (ii) For the second such offense of false representation, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. The Prescribed Authority may order the suspension, for a period which may extend to six months of any other trade license or No objection Certificate from local authorities held by such person or entity for the tourism trade concerned. (iii) For the third or any subsequent such offense of false representation, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed in the rules. In addition, the Prescribed Authority shall order the cancellation or termination of any other trade license or No objection Certificate from local authorities held by such person or entity for the tourism trade concerned. Provided that, no such monetary penalty ог administrative sanction shall be imposed without giving the person or entity concerned a reasonable opportunity of being heard. the criteria for determining repeat offences and the appellate mechanism shall be such as may be prescribed.]1 2[(2) XXX]2 1. Substituted by Act 61 of 2025 w.e.f. ………………. 2. Omitted by Act 61 of 2025 w.e.f. ………………. 26. Punishment for unauthorised usage of Government Tourism brand.- (1) No person, company, association or firm or any other body shall use any brand belonging to Government tourism entities without the permission or authorisation. 1[(2) Any person, company, association or firm or any other body who contravenes the provisions of sub- section (1) by using any brand belonging to Government tourism entities without permission or authorization shall be liable to penalties and administrative sanctions as follows, to be imposed by the Prescribed Authority in accordance with such procedure as may be prescribed. 1 7 (i) For the first such offense, such person or entity shall be liable to a monetary penalty as may be prescribed. (ii) For the second such offense of unauthorized use (after being penalized for the first), such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. The Prescribed Authority may order the suspension, for a period which may extend to six months of any trade license or No objection Certificate from local authorities held by such person or entity for their tourism trade. (iii) For the third or any subsequent such offense of unauthorized use, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. The Prescribed Authority shall order the cancellation or termination of any trade license or No objection Certificate from local authorities held by such person or entity for their tourism trade: Provided that no such monetary penalty or administrative sanction shall be imposed without giving the person or entity concerned a reasonable opportunity of being heard. The criteria for determining repeat offenses and appellate mechanism shall be such as may be prescribed.]1 (3) The Prescribed Authority shall have the powers to undertake inspection to examine compliance of sub-section (1). 1[(4) Where any person, company, association or firm or any other body, even after imposition of penalty under sub-section (2) continues to use the Government Tourism Brand, he shall, on conviction, be punishable with fine.]1 1. Substituted by Act 61 of 2025 w.e.f. ………………. 27. Protection of action taken in good faith.- No suit, claim, or other legal proceedings shall lie against the Government or the council or the chairperson or other members of the Council or the staff or representatives of the council or the tourist mitra in respect of anything which is in good faith done or intended to be done under this Act or any rules or regulations or orders made or framed thereunder. 28. Cognizance of offences by courts.- No court shall take cognizance of any offence punishable under Chapter III, IV, VII and VIII of this Act save on the complaint made by or under the authority of the Government or the prescribed authority. 29. Appeal.- (1) Any person aggrieved by the order passed or decision made by the prescribed or competent authority under this Act may within thirty days from the date of receipt of communication of the order or the decision of the prescribed or competent authority appeal to the Appellate Authority. The Appellate Authority shall be appointed in such manner as may be prescribed. (2) The Appellate Authority shall after following such procedure as may be prescribed dispose off the appeal within a period of two months from the date of its receipt. 30. Offences by Companies.- (1) If the person committing an offence under this Act, is a company, every person who, at the time the offence was committed was in charge of the company, and was responsible for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all the diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purpose of this Section,- (a) “Company” means, any body corporate, and includes a firm or other association of individuals; and 1 8 (b) “director” in relation to a firm means a partner in the firm. 31. Powers of the prescribed or competent authority and appellate authority to summon.- (1) The prescribed or competent authority and the appellate authority shall have all the powers which are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely- (i) summoning and enforcing attendance of a person against whom inquiry is to be conducted and witnesses required in connection therewith; (ii) compelling the production of any document; and (iii) examining witnesses on oath. (2) In addition to that which is provided under sub-section (1), the prescribed or competent authority shall have power to summon or examine suo motu any person whose evidence in his opinion appear to be material for reaching at a just conclusion in any matter being inquired into by him. (3) For the purpose of enforcing the attendance of witnesses and other persons referred above, the local limits of jurisdiction of the prescribed or competent authority shall extend to whole of the State. 32. Act to over ride other laws.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Karnataka law for the time being in force or any custom or usage or instrument having effect by virtue of any such law. 33. Recovery of dues.- The amount of penalty or fine imposed under the provisions of this Act, if not paid by the person liable to pay within sixty days from the date of final order imposing penalty or fine shall be recoverable as an arrears of land revenue. 34. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act or the rules, regulations, scheme or orders made hereunder, the Government may by an order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. (2) All orders made under sub-section (1) shall, as soon as may be after they are made, be laid before both house of the State Legislature and shall be subject to such modification by way of amendments or repeal as the Legislature may make either in the same session or in the next session. 35. Power to make regulations.- The Council may make regulations, with the approval of the Government, by notification in the Official Gazette, for the proper discharge and smooth performance of its functions under this Act. 36. Power to make rules.- (1) The Government may after previous publication, by notification, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 37. Delegation of powers.- (1) The Government may, by notification, direct that any power exercisable by the Government except the power to make rules under this Act shall be exercisable by an officer of the Government, subject to such terms as may be specified in such notification. (2) The Government may by rules, authorise the Prescribed Authority to delegate any or all of its function to such other officer, as may be prescribed therein. The above translation of PÀ£ÁðlPÀ ¥ÀæªÁ¸ÉÆÃzÀåªÀÄ ªÁå¥ÁgÀ (¸Ë®¨sÀå ªÀÄvÀÄÛ ¤AiÀÄAvÀæt) C¢ü¤AiÀĪÀÄ, 2015 (2015gÀ be published in the Official Gazette PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå:21) under cluase (3) of Article 348 of the Constitution of India. 1 9 VAJUBHAI VALA GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, B.B. PATTAR Special Secretary to Government Department of Parliamentary Affairs 2 0 KARNATAKA ACT NO. 57 OF 2025 (First Published in the Karnataka Gazette Extra-ordinary on the 10th day of September, 2025) THE KARNATAKA TOURISM TRADE (FACILITATION AND REGULATION) (AMENDMENT) ACT, 2025 (Received the assent of the Governor on the 10th day of September 2025) An Act to amend the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015. Whereas it is expedient to amend the Karnataka Tourism Trade (Facilitation and Regulation, Act, 2015 (Karnataka Act No. 21 of 2015) for the purpose hereinafter appearing: Be it enacted by the Karnataka State Legislature in the seventy sixth year of the Republic of India as follows :- 1. Short title and commencement.- (1) This Act may be called the Karnataka Tourism Trade (Facilitation and Regulation) (Amendment) Act, 2025. (2) It shall come into force at once. 2. Insertion of new section 3-A.- In the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015 (Karnataka Act No. 21 of 2015), after section 3, the following shall be inserted, namely:- “3-A. District Level Monitoring Committee.- (1) There shall be constituted a District Level Monitoring Committee to review and submit the proposal regarding facilitation, regulating and promotion of tourism trade in the jurisdiction of the concerned District. (2) The District Level Monitoring Committee shall consist of the following members, namely:- (a) The Deputy Commissioner of the concerned Ex-officio Chairperson District (b) The Superintendent of Police of the Ex-officio member concerned District (c) The Chief Executive Officer of Zilla Ex-officio member Panchayat of the concerned District (d) The Deputy Conservator of forest of the Ex-officio member concerned District (e) The Superintending Engineer, Public Works Ex-officio member Department of the concerned Jurisdictional District (f) The Deputy Director of Archaeological Ex-officio member Department of the concerned District 2 1 (g) Three members nominated by the State Members Government and three members nominated by the District Committee from amongst the concerned stakeholders of travel and tourism sector having adequate knowledge and professional experience in their respective fields of which at least one shall be a person belonging to the Scheduled Caste or Scheduled Tribes and one person belonging to the Backward Classes: Provided that out of six members one member shall be a woman. (h) The Deputy Director, Tourism, Department Ex-officio member of the concerned District Secretary (3) The District Level Monitoring Committee shall submit suitable proposals to the State Tourism Council for the works/proposals to be undertaken in respect of their departments within the jurisdiction of the concerned district.” The above translation of ಕರ್ನಾಟಕ ಪ್ರ ವಾಸೋದ್ಯ ಮ ವಾಯ ಪಾರ (ಸೌಲಭ್ಯ ಮತ್ತು ನಿಯಂತ್ರ ಣ) (ತಿದ್ದು ಪ್ಡಿ) ಅಧಿನಿಯಮ, 2025 (2025 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಯ : 57) be published in the official Gazette under clause (3) of Article 348 of the constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARANATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 61 OF 2025 (First published in the Karnataka Gazette Extra-ordinary on the 12th day of September, 2025) THE KARNATAKA DECRIMINALISATION (AMENDMENT OF PROVISIONS) ACT, 2025 (Received the assent of the Governor on the 11th day of September, 2025) An Act to amend certain enactments for decriminalising and rationalising offences and to further enhance trust-based governance for ease of living and doing business. Whereas it is to amend certain enactments for decriminalising and rationalising offences and to further enhance trust-based governance for ease of living and doing business and for matters connected therewith for the purposes hereinafter appearing; 2 2 Be it enacted by the Karnataka State Legislature in the seventy sixth year of the Republic of India, as follows:- 1. Short title, commencement and application.- (1) This Act may be called the Karnataka Decriminalisation (Amendment of Provisions) Act, 2025. (2) It shall come into force on such date as the Government of Karnataka may, by notification in the Official Gazette, appoint and different dates may be appointed for amendments relating to different enactments. (3) The amendment of any enactment by this Act shall not affect any other enactment in which the amended enactment has been applied, incorporated or referred to. (4) This Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand or any indemnity already granted, or the proof of any past act or thing; (5) This Act shall not affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby amended. (6) The amendment of any enactment by this Act shall not revive restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. 2. Amendment of Karnataka Act 21 of 2015.- In the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015 (Karnataka Act 21 of 2015),- (1) in section 8, for sub-section (5), the following shall be substituted, namely:- “(5) Any person or Organisation who having been found to be conducting or operating a category of tourism trade requiring mandatory registration or recognition under sub-section (3), without such valid registration, and having been subjected to an initial penalty or warming for such non-compliance under sub-section (4), continues to contrivance the provisions of sub-section (3), shall be liable to further penalties and administrative sanctions to be imposed by the prescribed Authority in accordance with such procedure as may be prescribed. (d) For the first such instance of contravention, such person shall be liable to a monetary penalty as may be prescribed, Authority may order the suspension, for a period which may extend to three months of any existing trade license or No Objection Certificate (NOC) from local authorities held by such person for the tourism trade concerned or may direct such authorities to suspend the same. (e) For the second such instance of continued contravention, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first instance of continued contravention, as may be prescribed. In addition, the prescribed authority may order the suspension, for a period which may extend to six months of any existing trade license or No Objection Certificate from local authorities held by such person for the tourism trade concerned or may direct such authorities to suspend the same. (f) For the third or any subsequent such instance of continued contravention, such person shall be liable to a monetary penalty, which shall be 2 3 significantly higher than that for the second instance of continued contravention, such penalty shall be as may be prescribed. The prescribed authority shall order the cancellation or termination or direct the concerned local authorities to cancel or terminate, any existing trade license or No Objection Certificate held by such person for the tourism trade concerned: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The rules shall also prescribe the criteria for determining continued and repeat offenses and the appellate mechanism.” (2) In section16,- (a) in sub section (8), for the words, “fine and whoever repeats or continues to act as a tour guide, having been fined for such offence, shall be arrested without warrant by any police officer not below the rank of sub-inspector”, the word “penalty”, shall be substituted; and (b) for sub section (9), the following shall be substituted, namely:- “(9) Any person who, having been previously penalised under sub- section (8), for acting as a Guide without valid license or registration or in contravention of the conditions of license or registration, continues to act as such or repeats the offense, shall be liable to further penalties and administrative sanctions to be imposed by the Prescribed Authority in such manner as may be prescribed. (d) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. The Prescribed Authority may order the suspension of their license or registration or recognition (If any previously obtained and is being misused or if they are operating despite a prior penalty for non registration), for a period which may extend to three months. (e) For the second such repeated offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first repeated offense, as may be prescribed and the Prescribed Authority may of their license or order the suspension registration or recognition (if any) for a period which may extend to six months. (f) For the third or any subsequent such repeated offence such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second repeated offence, as may be prescribed. In addition, the Prescribed Authority shall order the cancellation or permanent revocation of any license or registration or recognition held by such person and may debar them from applying for registration for a prescribed period: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be as may be prescribed.” (3) In section 19, sub-section (2) and (3) shall be omitted. (4) In section 23,- (a) in sub-section (2),- (i) for clause (a), the following shall be substituted, namely:- “(a) Any person who contravenes the provisions of clause (a) of sub-section (1) by committing any act of touting or malpractice against any tourist, or by engaging in begging or hawking articles for sale at any Area or Place of Tourism Significance, where such practice is prohibited by rules or specific orders, shall be liable to penalties and administrative sanctions to be imposed by the 2 4 Prescribed Authority or Adjudicating Officer, or by Tourist Mitra for minor initial infractions in accordance with such procedure as may be prescribed. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. Where the offender is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed Authority or Adjudicating Officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer shall order the cancellation termination or of such license or No Objection Certificate or registration: Provided that, no such monetary penalty or administrative sanction (beyond minor on-the-spot penalties by Tourist Mitra, if prescribed for specific minor acts) shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be such as may be prescribed.” (ii) for clause (b), the following shall be substituted, namely:- “(b) Any person who contravenes the provisions of clause (b) of sub- section (1), by abetting the commission of any act of touting or malpractice against any tourist, or the act of begging or hawking of articles for sale in any Area or Place of Tourism Significance (where prohibited), shall be liable to penalties and administrative sanctions to be imposed by the prescribed authority or adjudicating officer in accordance with such procedure as may be prescribed. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. Where the abettor is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer shall order the cancellation or termination of such license or No Objection Certificate or registration: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be such as may be prescribed. 2 5 (iii) for clause (c), the following shall be substituted, namely:- “(c) Any person who contravenes the provisions of clause (c) of sub- section (1) by attempting to commit any act of touting or malpractice against any tourist in any Area or Place of Tourism Significance, shall be liable to penalties and administrative sanctions as follows, to be imposed by the prescribed authority or adjudicating officer in accordance with such procedure as may be prescribed. (i) For the first such offense, such person shall be liable to a monetary penalty as may be prescribed. (ii) For the second such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. Where the offender is an operator of a tourism trade or holds any license or No Objection Certificate or registration, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to three months. (iii) For the third or any subsequent such offense, such person shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. Where applicable, the prescribed authority or adjudicating officer may order the suspension of such license or No Objection Certificate or registration for a period which may extend to six months, or in cases of persistent attempts indicating a clear intent to defraud or harass, may order cancellation: Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of being heard. The criteria for determining continued and repeat offenses and the appellate mechanism shall be as may be prescribed.” (b) for sub-section (6), following shall be substituted, namely:- “(6) Whoever, having been previously directed to remove themselves under sub-section (3), or (4), and subsequently penalized under sub-section (5), for engaging in hawking articles for sale (where prohibited), commits any further violation of the prohibition on hawking articles for sale in any Area or Place of Tourism Significance, shall be liable to further penalties and administrative sanctions to be imposed by the Prescribed Authority or Adjudicating Officer, which shall be an officer at or above the rank of Tahsildar in accordance with such procedure as may be prescribed. (i) For the first such further violation (after penalty under sub-section (5), such person shall be liable to a significantly higher monetary penalty as may be prescribed. If the hawker operates under any form of local permit or license for any activity, the Prescribed Authority or Adjudicating Officer may order its suspension for a period which may extend to three months. (ii) For the second such further violation, such person shall be liable to a monetary penalty, substantially higher than the previous, as may be prescribed. Any such permit or license may be suspended for a period which may extend to six months. (iii) For the third or any subsequent such further violation, such person shall be liable to a monetary penalty, substantially higher again, as may be prescribed in the rules. In addition, any such permit or license shall be cancelled or terminated, and the person may be debarred from hawking in specified tourist areas for a defined period. Provided that, no such monetary penalty or administrative sanction shall be imposed without giving the person concerned a reasonable opportunity of 2 6 being heard. The aspect of arrest by police for this regulatory contravention shall be removed. The criteria for determining repeat offenses and the appellate mechanism shall be as may be prescribed.” (5) In section 24,- (a) in sub section (1), after the words, “each district of the state” the words, “Penalties and administrative sanctions to be imposed by the Competent Authority or a designated Adjudicating Officer.” shall be inserted (b) in sub-section (8), for the words, “on conviction be punishable with imprisonment for a term which shall not be less than three months but which may extend to three years or with fine which may extend to rupees five thousand or with both.” the words "shall be liable to a penalty as may be prescribed” shall be substituted. (c) after sub-section (8), the following shall inserted, namely:- “(9) Minor acts (e.g., littering, causing minor nuisance) observed by Tourist Mitra shall lead to on-the-spot warnings or minor penalties levied by them (or by an adjudicating officer upon their report) as prescribed. (10) Significant damage, deterioration, or wilful obstruction shall attract higher monetary penalties imposed by the competent authority. (11) In addition, where the offender is an operator of a tourism trade or holds any licenseor No Objection Certificate or registration relevant to activities impacting the Area/ Place of Tourism Significance, the Adjudicating Officer may order the suspension of such license licenseor No Objection Certificate or registration for a period which may extend to three to six months, particularly if the offense involves negligence leading to damage or deterioration. (12) Imprisonment to be considered only as a last resort for exceptionally severe, deliberate, or repeated acts causing substantial irreversible damage, with clear definitions in the Act or rules made thereunder.” (6) in section 25,- (a) for sub-section (1), the following shall be substituted, namely:- “(1) If any person, company, association or firm or any other body falsely represents any tourism trade as holding a mandatory recognition under this Act, or a voluntary grade which it has not been awarded, the Prescribed Authority shall, in accordance with such procedure as may be prescribed. Impose penalties and administrative sanctions as follows:- (i) For the first such offense, such person or entity shall be liable to a monetary penalty as may be prescribed. (ii) For the second such offense of false representation, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. The Prescribed Authority may order the suspension, for a period which may extend to six months of any other trade license or No objection Certificate from local authorities held by such person or entity for the tourism trade concerned. (iii) For the third or any subsequent such offense of false representation, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed in the rules. In addition, the Prescribed Authority shall order the cancellation or termination of any other trade license or No objection Certificate from local authorities held by such person or entity for the tourism trade concerned. Provided that, no such monetary penalty ог administrative sanction shall be imposed without giving the person or entity concerned a reasonable 2 7 opportunity of being heard. the criteria for determining repeat offences and the appellate mechanism shall be such as may be prescribed.” (b) sub-section (2), shall be omitted. (7) in section 26,- (a) for sub-section (2), the following shall be substituted, namely:- “(2) Any person, company, association or firm or any other body who contravenes the provisions of sub- section (1) by using any brand belonging to Government tourism entities without permission or authorization shall be liable to penalties and administrative sanctions as follows, to be imposed by the Prescribed Authority in accordance with such procedure as may be prescribed. (i) For the first such offense, such person or entity shall be liable to a monetary penalty as may be prescribed. (ii) For the second such offense of unauthorized use (after being penalized for the first), such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the first offense, as may be prescribed. The Prescribed Authority may order the suspension, for a period which may extend to six months of any trade license or No objection Certificate from local authorities held by such person or entity for their tourism trade. (iii) For the third or any subsequent such offense of unauthorized use, such person or entity shall be liable to a monetary penalty, which shall be significantly higher than that for the second offense, as may be prescribed. The Prescribed Authority shall order the cancellation or termination of any trade license or No objection Certificate from local authorities held by such person or entity for their tourism trade: Provided that no such monetary penalty or administrative sanction shall be imposed without giving the person or entity concerned a reasonable opportunity of being heard. The criteria for determining repeat offenses and appellate mechanism shall be such as may be prescribed.” (b) for sub-section (4), the following shall be substituted, namely:- “(4) Where any person, company, association or firm or any other body, even after imposition of penalty under sub-section (2) continues to use the Government Tourism Brand, he shall, on conviction, be punishable with fine” The above translation of ಕರ್ನಾಟಕ ನಿರಪ್ರಾಧಿೋಕರಣ (ಉಪ್ಬಂಧಗಳ ತಿದ್ದು ಪ್ಡಿ) ಅಧಿನಿಯಮ, 2025 (2025ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಯ : 61) be published in the official Gazette under Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation