Everything you need to know about India's Travel and Tourism Regulations

Introduction

As we all know, India is the home of many colours; whether it be of ancient legacies history, religion system or varied ethnicities that have fascinated more flock of tourists each year. They are either international or domestic and this is not only impacting our economy in the note-worthy way of growth but simultaneously, providing employment to the locals and aesthetic beauty for experiencing feeling of soul fulfilment/ knowledge.

Tourism, as per our knowledge consists of different sectors, destinations, tourists and also problems. However, there is no enacted tourism legislation/ act to keep a guard-watch as a whole in many countries including India. For ensuring safety and security along with hassle free tour & travel experience there are certain rights/ duties & obligations that all tourist & service providers have to abide by to in order to avail maximum benefits from tourism and maintain smooth/ healthy working relations inside the industry sectors. For that, the Government of India (GoI), laid down various guidelines for travel & lodging sectors in respect to legalize/ authorize/ encourage/ allow or bar leisure events via the main authority; called Ministry of Tourism (MT).

In this article today, we will be grabbing knowledge; about what are the kinds of guidelines, polices, rules & regulations that are governing our country’s travel operators and tour services for individuals from all around the globe along with who has the authority to regulate/manage such fast-growing sectors and why there is a need to have a concrete legislation (Law) for such services sector.

Who is WTO and what are their Roles? 

The World Tourism Organization (UNWTO), is an agency of United Nations for promoting sustainable & accessible tourism. Their top most agenda includes:

a) Worldwide mainstreaming & progressing tourism for dipping poverty & upsurge development.

b) Endorsing & improving sustainable tourism development/competitiveness.

c) Making room for knowledge, education & building partnership.

As per research done by the Law times journals, by the year 1998, the UNWTO collected more than two-hundred laws & regulations from hundred and forty different countries for tourism.

Today, their database on tourism Statistics compromises from 145 countries. As per, the statistics reports of UNWTO on how COVID-19 impacts tourism sectors they provide various International recommendations & guidelines for the tackling such critical situations that includes joint efforts from 36 International Organizations under the authority of Committee for the Co-ordination of Statistical Activities (CCSA).

According to why tourism needs by UNWTO, there is a surge of 4% on arrival of international tourists in 2019. September 27, is considered to the World Tourism Day.

What and who are Tour & Travel Services?

There is no formal description provided for that as in Indian context as there are no definite /central legislations for that in place.

However, as World Trade Organization (WTO); Tour and Travel Services can be referred to as agency that delivers business services by entities such as hostels & restaurants with catering, travel agencies, and tour operators & guides. It also includes- Air company, Rental Car companies, cruises, ships, public conveyance, Travel Insurance.

However, in India “The Tour Operators and Travel Agents (Regulation) Bill, 2018” which has not yet been enacted states about- compulsory registration of operators & agents with the competent authority to permit regulation by proposing requisite norms & infrastructure in accordance to those entities providing events and related matters associated with it.

As Per, the Bill 2018 - S.2(b) Tour Operator & Travel Agent: it refers to any individual including establishment who conducts services of packaged tours to different parts of the country or outside it or provides transport, passport, visa facilities, reservation of seats for airlines, rail, bus, steamer & ships and consultancy to tourists.

S.2 (e) tourists: it refers to individual who undertakes the journey or visitation in India or outside India including pilgrims.

What are the Laws and by whom Indian Tours and Travel Services are governed?

1. The Ministry of Tourism

In our country, there is a whole institution called The Ministry of Tourism (MT) that governs aspects of tour and travel services. They are Chief facilitator for formulating policies, programmes, coordination of activities from centre/state/UT’s/private & public sector for development & promotion of tourism in India. Headed by Union and state ministry of tourism. Within their departments comes administrative head & director general for providing executive directions. Various self-sufficient institutions for public sector includes:

· Indian Institute of Tourism and Travel Management (IITTM)

· National Institute of Water Sports (NIWS)

· National Council for Hotel Management Catering Technology (NCHMCT) and,

· The Institute of Hotel Management. (IHM)

The (MT) has a critical role for the below mentioned things amongst various others which are as follows:

ü Managing & accompanying efforts of the state, centre and UT’s.

ü Catalysing private investment.

ü Fortify promotional & marketing.

ü Enabling skilled workforce.

There is also an establishment of the “guidelines for tourism services providers for their recognition as of 2018” among various other guidelines for regulating tourism in India.

2. Indian Tourism Development Corporation 1966, ITDC

Under the MT,Indian Tourism Development Corporation 1966, (ITDC) plays a crucial role for growth, advancement, change and elevation for tourism in India. Objectives includes:

ü Managing and constructing all kinds of lodging facilities.

ü Conventional services among various facilities.

ü promotion/ distribution & sale of publicity literature.

ü Consultancy with managing services.

ü education in hotel-management.

ü duty free shopping, entertainment for tourists.

ü business of Fully-Fledged Money Changers (FFMC)

The total capital is seventy-five crores with sixty-seven points fifty-two as in paid-up capital as of year 2005 which is under the name of PM.

3. National Tourism Policy,2002

National Tourism Policy, 2002 draft was enacted by GoI, under the Department of Tourism, Ministry of Tourism and Culture (DTMTC) Stated- “Atithi Devo Bhava” meaning guest is God. Its main aim, is to highlight sector & tourism’s importance as well as development in the country. Formula was presented in 1982 & under the PM- Shri. Atal Bihari Vajpayee on Oct 30,2001 they prepared the draft of National Tourism Development Policy (NTDP) for giving tourism a pedestal to increase the economy from its revenues along with enabling employment and eradicating Poverty.

This idea revolved around major factors such as:

Placing tourism on an economic growth engine. Harnessing its powers for rural tourism, economic development & employment generation with main focus on domestic tourism. Making India a global brand for tourism by tapping into global travel trade. Working of private with government sectors as an active facilitator & catalyst. Based upon India’s unique civilization/heritage/culture creating integrated tourism circuits along with the mantra of “Feel India from Within.”

Furthermore, seven key area includes for boosting tourism includes-

v Welcoming.

v Information.

v Facilitation.

v Safety.

v Cooperation.

v Infrastructure Development.

v Cleanliness.

Aspects of tourism it governs: which covers environment related schemes, monuments, accommodation, health care for tourists whether it be foreign, commerce & business-related schemes along with industries & labour, social & welfare laws, liquor licenses for hotels, transportation schemes, criminal related activities.

4. Four-Ways Guidelines for Travel & Tour Service Provider

According to the articles published from the leading sources such as Social Laws Today & Legal Services India, we get the idea about guidelines that rail, road & air among various others has to follow up for providing tourism related services in India.

The MT has laid down certain guidelines/ protocols for tourism service provider in respect of their operational recommendations which is made available under Travel Trade on the website. In the wake of COVID-19 it has made realisation for UOI on how we conduct our businesses for the so-called tourists in terms of hygiene/ health/ safety etc for both travel agents and tour operators. Here are certain rules that needs to be followed-

· Decontamination of vehicles prior to boardings.

· Using of decontaminator sprayer on high touch areas such as doorknobs handles etc.

· Hand sanitizer, gloves & masks usages.

· Emergency contact numbers.

· Information through strictly digital modes.

· Certification for health for all drivers.

· Booking & travel plans to be accepted only for those who have no prior contamination of covid from last 28 days.

· Proof of medical & health declaration is must.

· Online mode of booking with payment is must.

· Track record maintenance for all travellers.

· Info. Regarding age/allergies etc.

· Detailed itinerary provision.

· Various other necessity documents and guidelines such as mentioned thereof.

The Railways: They are governed by the Indian Railways Act,1989. They are responsible for wellbeing/luxury/safekeeping/usefulness and in calibre to offer their services with efficacy. Track record & report of operations, records of the tourist are in necessity have to be maintained by them. They have their own task police force in accordance with the guidelines have to work with them in order to achieve the maximum-security benefits for the travellers and the tourists.

The Airways: It is governed by Air Transport Corporation Act,1953 under the Air transport (licensing of air travel agents) Rules 2016. Whom-so-ever provides the tickets for such have to obtained a licence from Civil Aviation of Director General (DGCA). For that they need to have net-worth of one crore with good financial background along with assured quality services providing records. From time to time it is necessary to send regular records to the aviation and in failure to do so of any of the above- mentioned practices they will liable for cancellation and suspension of their licences.

The Roadways: It is governed under the Motor Vehicle Act,1988. Here, drivers are in necessity to have a driver’s license registered with the UOI and in should be in regulation to follow all the environment/safety/traffic norms practices under which in absence of such can call for fine/ imprisonment/penalty-fee etc.

5. The Consumer Protection Act,1986

The Act of 2019 being the latest amended as thereof intendents to protect rights of the consumers. It has laid down certain guidelines, obligations, recourse for the provider of service even in the case for malpractice of businesses. On the basis of monetary jurisdiction along with the territorial laws, the consumer has a right to file a complaint against the defective services as well as goods before the tribunal of consumer forum. They can receive information abouts the goods and facilities and even sue for damages in return of compensation / service fee/ or refund. On the other hand, for the tour and travel services they have a duty to be transparent to their consumers about their prices, ethics, quality, security level amongst others. They have to be ready to provide quick solutions and help during any complaints & grievances.

6. The Foreign Exchange Management Act,1999

Under this the travel and tour service provider have to abide by the provisions for dealing in foreign currencies. They have to maintain an account for the same & for return of funds from the international tourist this is because international tourist may take certain currencies to their homeland so the regulation is needed to be kept in place. There is also a threshold for the import and export of foreign currencies for which declaration by the tourists are must whether it be domestic.

Why there is a need for Tourism Legislation?

“Over the decades, tourism has experienced continued growth and deepening ‎diversification to become one of the fastest growing economic sectors in the world. ‎Modern tourism is closely linked to development and encompasses a growing number ‎of new destinations. These dynamics have turned tourism into a key driver for socio-‎economic progress.‎” as stated by the UNWTO. Its volume not only surpass oil exports but also food & automobiles due to which it has become major players in international commerce & major source of earning income.

Also, as per the paper titled “An overview of Tourism Legislation in India” describes about how the absence of Laws for commerce would create issue between tourists and service provider in the longer run. It talks about the area such as forced child labour, sex tourism & other small state service provider can be regulated under the Central Legislation for tourism.

If the Laws are enacted the quality of service will improve in-turn reducing those conflicts between service provider & tourists.

CONCLUSION 

India being a rich heritage, it can be said that the abundance of visitors whether it be foreign or domestic are going to be continued in the future as well. Not only India, but travelling to various destinations not only provides a sense of gratification but also allows oneself to experience true beauty of the nature that the planet Earth intended to be in its true belonging. Being one with nature and heritage enables us to tap into the vast variety of experiences that can only be felt at heart.

At present India does not have a stringent central legislation for travel and tour services rather just the instructions, guidelines & policies on how to do, what to do and when to do something or not along with performing their duties with ethics which are based on variety of sources. To safeguard and protect the interest of the citizen or human at a large a step towards formulating stringent law can go a long way.

~Authored by Nikita Desai

LL.M from NMIMS

Kirit P. Mehta School of Law