ETHICAL LAW MCQ - Docx 2

NOTES: Prepared by Ankur Chachra
7322 – Ethical, Legal & Regulatory Aspects of Tourism
The main thrust of hotel and tourism laws should be govern the activities of those in the profession and also to
assure their professional competence, ethical conduct, solvency and stability. Tourism and hotel professions will
acquire legal status by means of special legislation, wherein their activities are defined, spelt out and controlled.
The legislation must cover tourism categories and activities, the conditions imposed on each category, the
protection given, and the legal provisions of the acquirer’s controls, illegal acts and loss of license. The problem
related to the state overseeing tourism establishments is that of assuring their solvency in order to prevent the
failures that occur in countries not having any legislation. These incidents not only affect many tourists and
damage suppliers but also hurt the good name of tourism. Therefore, to protect tourism, the following legislations
need to be enacted:
1. Laws regulating the professionals’ status of travel and tourism companies and agencies.
2. Laws governing the professional status of tourism, hotels and similar public establishments.
3. Laws governing the profession of tourist guide.
4. Laws relating to the foundation, organization and management of association and federation of tourism,
resorts, food and beverage establishments, bars recreation and entertainment facilities.
Regulations for Travel and Tourism Business

The unprecedented growth of tourism and hotel industry within the Indian sub-continent during the last few years,
and the consequent economic and cultural benefits that such activities have generated, have earned great credit for
the travel agents, tour operators, hotels and related enterprises. There has been growing public opinion for state
regulations for the industry due to nefarious practices of some of the tour operators and agents.
What is Tourism Regulations?

Those in the tourist trade should know all the legal & quasi-legal regulations which concern the tourist trade.
A traveller who is also a tourist is governed by the laws & regulations in force in the country which he visits.
Who are the regulatory authorities of tourism industry?

The Ministry of Tourism, a branch of the Government of India, is the apex body for formulation and
administration of the rules, regulations and laws relating to the development and promotion of tourism in India. It
facilitates the Indian department of tourism.
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What are the laws relating to protection of tourist and health?

When it comes to foreigners visiting India, there are broadly 3 laws that one needs to comply with: The Passport
(Entry Into India) Act, 1920. The Registration of Foreigners Act, 1939. The Foreigners Act, 1946.
What is the significance of legislations in tourism industry?

There is no one thing as such which can be described as a tourism legislation because of the varied nature of
tourism itself. However, laws are pervasive in the tourism industry in order to regulate, permit, promote,
empower or ban the commercial/leisure activities of both service providers as well as tourists.
Why are rules and regulations important?

Following rules and regulations help employees understand what is expected of them and what will happen if
they violate the rules. It makes for a stable office environment where people feel safe to come to work, to be
themselves and to go about their business.
What is RA 9593 all about?

9593. AN ACT DECLARING A NATIONAL POLICY FOR TOURISM AS AN ENGINE OF INVESTMENT,
EMPLOYMENT, GROWTH AND NATIONAL DEVELOPMENT, AND STRENGTHENING THE
DEPARTMENT OF TOURISM AND ITS ATTACHED AGENCIES TO EFFECTIVELY AND EFFICIENTLY
IMPLEMENT THAT POLICY, AND APPROPRIATING FUNDS THEREFOR.
Is ABTA a regulatory body?

ABTA protection is designed to enforce standards and provide insurance for holidaymakers in the event of
financial problems for travel companies.
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Five significant steps taken by Modi government

to promote Tourism & Hospitality sector
Tourism & Hospitality sector has been universally recognised as an agent of development and an engine
for socio-economic growth. According to WTTC’s India Benchmarking Report 2015, every $1 million
in travel and tourism spending in India generates $1.3 million in GDP. According to a report released by
the government, “Tourism & Hospitality sector has been a harbinger of ‘more inclusive growth’ in India
by promoting other industries in the economy through backward and forward linkages and generating
employment in various sectors such as hospitality, travel, and entertainment, wellness and other
sectors.”
In the last two years, the Ministry of Tourism has undertaken several initiatives to provide a further
boost to the sector such as launch of new schemes like Swadesh Darshan and PRASAD, revamping of
existing schemes such as Hunar se Rozgar tak, extending e-Tourist Visas to more countries, developing
a Mobile Application for Tourists, introducing an Incredible India Tourist Helpline, and undertaking
various skill development initiatives such as setting up of Indian Culinary Institute, approval of new
Institutes of Hotel Management etc, claims the report. Based on it, let’s take a look at some of the
achievements in the Tourism and Hospitality Sector:
1) Creation of world class tourism related infrastructure: Swadesh Darshan scheme was launched by
the Ministry of Tourism for the development of theme based tourist circuits to cater to both mass and
niche tourism. Under this scheme that aims to develop world class infrastructure to promote cultural and
heritage value of the country and enhance the tourist attractiveness, 27 projects for Rs. 2261.50 crore
have been sanctioned for 21 States and Union Territories since its launch in January 2015.
 The National Mission for Pilgrimage Rejuvenation and Spiritual Augmentation Drive
(PRASAD) scheme, was also launched by the Ministry for the development and
beautification of pilgrimage sites to tap the growth of domestic tourists driven by
spiritual/religious sentiments. The scheme seeks to augment tourism infrastructure at
places of pilgrimage to provide better facilities to pilgrims/tourists and enhance their
experience.
2) Growth in tourist footfalls: Foreign Tourist Arrivals (FTAs) during the period January- July, 2016
were 49.22 lakh with a growth of 10.0% over the same period in 2015. In January-July 2015, FTAs of
44.73 lakh were registered with a growth of 4.6% over the same period in January- July, 2014. Foreign
tourist visits (FTVs) to the States/UTs was 23.3 million in 2015, as compared to 22.3 million in 2014,
registering a growth of 4.4% over 2014.
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3) Ease of doing business: Ministry of Tourism has set up a Web-based Public Delivery System for
recognition of Travel Trade Service Providers and for classification of hotels in order to ease the process
of filing applications by Travel Trade Service Providers seeking recognition from the Ministry. This is
also to bring in transparency in granting the approvals. This online process has also been integrated with
payment gateway with effect from January 2016.
• Introduction of a Mobile App: The Ministry of Tourism launched a mobile application called
Swachh Paryatan on February 22, 2016, which will let citizens report any hygiene issues at various
tourist destinations across the country.
 Multilingual Tourist Helpline: The Ministry of Tourism launched the 24×7 Toll
Free MultiLingual Tourist Helpline in 12 languages on February 8, 2016. It can be
accessed on Toll Free Number 1800-11-1363 or short code 1363. The languages
handled by the Tourist Helpline include ten international languages besides English
and Hindi, namely, Arabic, French, German, Italian, Japanese, Korean, Chinese,
Portuguese, Russian and Spanish.
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4) Other initiatives: Promoting the North-Eastern Region: The International Tourism Mart is organized
every year in North-Eastern States with the objective to highlight the tourism potential in the region. The
4th International Tourism Mart was organized from 14-16 October, 2015 at Gangtok in Sikkim.
 Adarsh Smarak: ASI has identified 100 monuments to be developed as Model

Monuments. These monuments would be provided necessary tourist facilities
including Wi-Fi, security, signage, encroachment free area, interpretation centres
showing short films about the importance of monuments and signboards of Swachh
Bharat Abhiyan. Some of the monuments included in Adarsh Smarak scheme are Leh
Palace (Leh), Humayun’s Tomb(New Delhi), Red Fort,(Delhi), Shore Temple
(Mahabalipuram), Elephanta Caves (Mumbai), Taj Mahal (Agra), Rani-ki-Vav
(Gujarat) among others.
5) Skill development: In 2014, Tourism & Hospitality sustained a total of 36.7 million direct, indirect,
and induced jobs in India, which is more than the jobs created in banking, automotive manufacturing,
chemicals manufacturing, education, financial services, and mining sectors.
What steps should be taken for development of tourism?

Steps of Tourism Product Development
1. Research the Market
2. Match the Product with Market
3. Assess the Destination
4. Understand the Stakeholder Role
5. Product Building
6. Marketing & Promotion
7. Providing Human and Technical Resource
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What role or how can government help and contribute in tourism

planning?
The Ministry of Tourism, is the nodal agency for the formulation of national policies and programs and for the co-
ordination of activities of various Central Government Agencies, State Governments/UTs and the Private Sector for the
development and promotion of tourism in the country. The Ministry is headed by the Union Minister for Tourism and
Ministers of State.
The administrative head of the Ministry is the Secretary (Tourism). The office of the Director General of Tourism
provides executive directions for the implementation of various policies and programs. Directorate General of Tourism
has a field formation of 20 offices within the country and has 8 offices abroad and one sub-ordinate office/project i.e.
Indian Institute of Skiing and Mountaineering (IISM)/ Gulmarg Winter Sports Project. The overseas offices are
primarily responsible for tourism promotion and marketing in their respective areas and the field offices in India are
responsible for providing information service to tourists and to monitor the progress of field projects. The activities of
IISM/GWSP have now been revived and various Ski and other courses are being conducted in the J&K valley.
The Ministry of Tourism has a public sector undertaking, the India Tourism Development Corporation Limited and the
following autonomous institutions:
 Indian Institute of Tourism and Travel Management (IITTM) and National Institute of Water Sports (NIWS)
 National Council for Hotel Management and Catering Technology (NCHMCT) and the Institutes of Hotel
Management.
Role and Functions of the Ministry of Tourism

The Ministry of Tourism functions as the nodal agency for the development of tourism in the country. It plays a crucial
role in coordinating and supplementing the efforts of the State/Union Territory Governments, catalyzing private
investment, strengthening promotional and marketing efforts and in providing trained manpower resources. The
functions of the Ministry in this regard mainly consist of the following:
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All Policy Matters, including:

 Development Policies.
 Incentives.
 External Assistance.
 Manpower Development.
 Promotion & Marketing.
 Investment Facilitation.
Planning & Co-ordination with other Ministries, Departments, State/UT Governments,

Regulation:
 Standards.
 Guidelines
Infrastructure & Product Development.

 Guidelines
Human Resource Development

 Institutions.
 Setting Standards and Guidelines.
Publicity & Marketing:

 Policy.
 Strategies.
 Co-ordination.
Research, Analysis, Monitoring and Evaluation

International Co-operation and External Assistance
 International Bodies.
 Bilateral Agreements.
 External Assistance.
 Foreign Technical Collaboration
Legislation and Parliamentary Work, Establishment matters, Vigilance matters, Implementation of official
language policy, Implementation of official language policy, Budget co-ordination and related matters, Plan-
coordination and monitoring
The Functions of Attached Office viz. Directorate General of Tourism are as under:
Assistance in the formulation of policies by providing feedback from the field offices and Monitoring of Plan
Projects and assisting in the Plan formulation
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Coordinating the activities of field offices and their supervision, Regulation:

 Approval and classification of hotels and restaurants.
 Approval of travel agents, Inbound tour operators and tourist transport operators, etc.
Inspection & Quality Control

 Guide service
 Complaints and redressal.
Infrastructure Development:
 Release of incentives.
 Tourist facilitation and information.
 Field publicity, promotion & marketing.
 Hospitality programs.
 Conventions & conferences.
Assistance for Parliamentary work.

Establishment matters of Directorate General of Tourism
Regulations Governing Tourism Organisations

As per these regulations only authorized companies and licensed travel agencies conforming with the laws are eligible
to carry out the following activities and offer travel and tourism services such as:
1. Selling and issuing travel tickets and facilitating baggage transfers, and reserving places on regular
transportation.
2. Reserving hotel accommodations and other related functions for travellers.
3. Organising individual and group tours with combined tickets.
4. Exchanging foreign currencies.
5. Insuring against fire only with authorized insurance concerns.
6. Selling tickets of theatres and other places of entertainment.
7. Executing special services to tourists such as travel visas.
All navigations and airline companies be eligible to execute the first three functions listed as part of their regular
services. But if they intend to practise these same services for another carrier, they must be licenced to do so by law, set
up a special section to perform these activities and keep separate accounting records for them.
10 Tips for Being a Good Tour Guide

 Face the crowd, not what you're talking about
 Be personal
 Tell a story (historical or contemporary)
 Get moving right away
 Don't worry about being perfect
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 Get help to get organized

 End on time. (Or try very hard to.)
 Limit your number of speakers.
 Send a follow-up email.
1. Face the crowd, not what you’re talking about. Tour guides often get so
wrapped up in their subject they forget to face the people they are
addressing. One secret to avoid this is to designate somebody in the crowd
to interrupt you if they can’t hear you.
2. Be personal. No matter how much we love buildings, it’s a fact that
people connect with people. So it’s good to have a few personal anecdotes
ready, even if they’re just about past tours you've done. You’ll build a
more personal connection to your group and create a memorable tour.
3. Tell a story (historical or contemporary). Make sure you have a few fun
and compelling stories to tell about the buildings and sites you’re looking
at. People are more likely to feel engaged when they are listening to a
story, rather than a list of dates and names.
4. 4. Get moving right away. Tours often get bogged down before they ever
begin with tour guides doing the “big wind-up”―introductions, setting the
theme, providing context, etc. Plan to scrap 90% of it.
Hint: If you have a script, the first line should tell you: “Move thirty feet up the
street before you say anything.”
5. Don’t worry about being perfect. People don’t expect you to be perfect. Set
the stage for human imperfection by acknowledging that people who may know
more than you should speak up and share their knowledge with the group. The
more interactive the tour is, the better!
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6. Get help to get organized. Try to get a volunteer to check people in so you
can chat with tour goers. People give tours for many reasons, but a big one is to
meet new people, and the time before the tour is a great chance to get to know
your group.
7. End on time. (Or try very hard to.) Try like crazy to end on time. Nobody
wants to feel like they are in tour jail. Tours on paper always seem too short and
on the ground are always too long. Two hours is the absolute maximum. An hour
to an hour and a half is better.
8. Limit your number of speakers. It’s hard to talk for just five minutes, so
when you have multiple guides talking about different subject areas, it’s easy to
lose track of time. Avoid it if you can, but, if you do have several different
guides with you, designate one as the lead guide and the others as ex perts in a
specific area.
9. Send a follow-up email. Follow up with an email―it can be as simple as a
“thank you” note. If you can follow the tour with another contact, by email or
otherwise, that’s another step towards creating a better link between the tour
taker and your organization.
10. Avoid these traps:
 “12 (or 20…) people on the tour is the max.” Rather, let the space and tour guide set
the scene.
 “You MUST plan everything out ahead of time.” In fact, a little spontaneity is good.
 “Don’t do outdoor tours in the winter.” People will still come, even in the snow.
 “Always have a backup plan in case it rains.” Don’t worry, people will come out in
the rain, and it’s much easier than rescheduling.
A tour guide needs to follow some norms to ensure that he can work efficiently and make people (groups)
satisfied. A code of conduct is a framework or a set of directives a tour guide has to follow in his profession. The
code of conduct is very important for a long career. Few of these norms are given below:-
 Follow the law of the land.
 Respect the rules framed by the government in the area where you are guiding.
 Purchase proper entry tickets (if required)
 Do not indulge in commercial activities.
 Do not travel without ticket.
 Do not purchase tickets from unauthorized vendor.
 Follow rules framed by the Archaeological Survey of India (ASI) for historical monuments.
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 Do not indulge in illegal activities. Also, do not support tourists in any illegal activity.
 Work according to Wildlife Act (if you are in wildlife area or protected area).
 Do not indulge in poaching of animals. It is strictly prohibited.
 Do not engage children in jobs (falls under child labour act).
Tour Guide (TG) is the link between travel agency and tour group. Tour Guide must know the language spoken
by group members. In tourism industry, guide is an expert in activities, and he must also have knowledge of local
customs, traditions, flora and fauna.
Attraction
Tour
Transport
Travel Agent
Guide
Accommodation
Guide is often overlooked by the tourists as an essential component in tour planning who may prefer to
understand destinations through their own knowledge. Except for a few tourists who research thoroughly before
tour, majority may miss on important aspects of tour attractions. Tour guides fill this gap and provide the
necessary information in the available time. Additionally a guide is a very good support for the tourists to get help
on many fronts not visualized prior to tour.
Guiding qualification ( in many countries) is particular to every single nation/country; at times the qualification is
national, at times it is separated into region/ areas/ districts. In all cases it is embedded in the educational and
training ethic of that nation/country.
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A Tour Guide shall:
(i) Must have respect for belief system;

(ii) Be punctual;
(iii) Maintain acceptable personal hygiene;
(iv) Well Dressed
(v) Ensure that privacy of tourist is respected
(vi) Be ethical;
(vii) Behave politely;
(viii) Act friendly and approachable;
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Laws Concerning Tourist Guides

A ‘Guide’ may be defined as a person who undertakes guiding the tourist for a fee to such places
of tourism, such as museums, exhibitions, scenic areas and the like. These persons must obtain a
licence from the Ministry of Tourism before being eligible to practise their profession.
In order to obtain a tourist guide licence, the candidate must fulfil certain pre -requisites, such a
good conduct, physical fitness, having approved qualifications (approved degrees), and meeting
the specifications laid down by the Ministry of Tourism.
The law must specify the duties and responsibilities of the tourist guide. It must specify what are
lawful acts and what are prohibited for them. A guide is restricted by his profession from
accepting commissions, gratitudes or salary from concerned stores or engage in similar
commercial work.
The guide licence should be valid for three years, after which the licence may be renewed
according to the provisions contained in the law, which must require a physical check -up.
Punishment for committing unlawful acts such as overcharging are set forth in the law, including
fitness and forfeiture of licence.
In order to qualify for a travel agent’s licence, the following pre-requisites must
be met:
1. The establishment must be either an Indian company or else a foreign one where
Indian Nationals must be employed by the organisation and make them eligible to
practise the profession on a reciprocal basis.
2. Management and employees must show evidence of good ethical conduct and must
not having committed any unlawful act prior to their recruitment in travel and
tourism agencies.
3. The paid-up capital of a travel and tourism company should not be less than rupees
10,00,000.
4. A deposit of rupees 25,000 for an Indian company and rupees 50,000 for a foreign
one must be made with the Ministry of Tourism.
An arbitration committee may be established by law to deal with cases of complaints submitted
by tourists not residing in India and complaints made by tourism authorities on behalf of tourist
or tourists who have left the country. The arbitration committee should deal with claims that do
not exceed rupees 10,000. Higher amounts could be referred to the courts. The arbitration
committee’s decisions are final and not subject to appeal.
Both authorized Indian and foreign organisations (travel agencies) must be permitted to establish
branches in any part of the country without additional licencing. The legislation should provide
for the control of the licenced agent’s activities and to define the conditions that lea d to his or her
licence cancellation.
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Laws Governing Hotel Associations and Unions

The law must define the activities of the following establishments as being related to the tourism
industry. It must also cover the establishment of the associations, each with individual legal
status.
1. Travel and tourism companies and agencies.

2. Hotels and other public establishments that accommodate tourists.
3. Public establishments catering to tourists such as restaurants, casinos, taverns and other
places that provide food and drink to be consumed in the premises.
4. Shops selling ornaments and other tourist souvenirs.
The goal of the associations of the hotel and tourism industries should be to improve the general
welfare of the industry and their members. They should act on behalf of their members to
collaborate with government authorities in promoting tourism and raising the standard of their
services. Each association should have its own general assembly and a board of directors of
whom two-thirds are elected members and one-third are appointed by the Ministry of Tourism.
Governing stimulations may also be outlined for the FHRAI and HAI as a legal identity which
have their headquarters at New Delhi. The FHRAI’s and HAI’s general assembly must consist of
elected representatives for the members of each individual chamber and for appointed
representatives.
TRAVEL AND TOURISM LAWS AND REGULATIONS

Tourism is presently India’s third largest export industry after gems and jewellery and readymade
garments. The most significant feature of the tourism industry is its contribution to sustainable
human development including poverty allenviation, employment generation and environmental
regeneration particularly in remote and backward areas.
Tourism plays a major role in promoting large scale employment opportunities. The tourism
industry also contributes to national integrations. The sustained development of tourism as a
national priority is important both from the point of view of economic a nd social integration.
The Ministry of Tourism is assisted by the Department of Tourism headed by Director General in
the rank of Additional Secretary to the Government of India. The office provides executive
directions for the implementation of various policies and programs. The Ministry also has under
its control a public sector undertaking, viz., the Indian Tourism Development Corporation
(ITDC) and the following autonomous institutes:
1. Indian Institute of Tourism and Travel Management.

2. National Council for Hotel Management and Catering Technology.
3. Institutes of Hotel Management.
4. Food Craft Institutes.
5. National Institute of Water Sports (NIWS).
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6. Indian Institute of Skiing and Mountaineering (IISM)
THE PASSPORTS ACT, 1967
[24th June, 1967.]
An Act to provide for the issue of passports and travel documents, to regulate the departure from India of
citizens of India and other persons and for matters incidental or ancillary thereto.
BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follow:—

1. Short title and extent.—(1) This Act may be called the Passports Act, 1967.
(2) It extends to the whole of India and applies also to citizens of India who are outside India.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “departure”, with its grammatical variations and cognate expressions, means departure from India
by water, land or air;
(b) “passport” means a passport issued or deemed to have been issued under this Act;
(c) “passport authority” means an officer or authority empowered under rules made under this Act
to issue passports or travel documents and includes the Central Government;
(d) “prescribed” means prescribed by rules made under this Act;
(e) “travel document” means a travel document issued or deemed to have been issued under this
Act.
3. Passport or travel document for departure from India.—No person shall depart from, or
attempt to depart from India unless he holds in this behalf a valid passport or travel document.
Explanation.—For the purposes of this section,—
(a) “passport” includes a passport which having been issued by or under the authority of the
Government of a foreign country satisfies the conditions prescribed under the Passport (Entry into
India) Act, 1920 (34 of 1920), in respect of the class of passports to which it belongs;
(b) “travel document” includes a travel document which having been issued by or under the authority
of the Government of a foreign country satisfies the conditions prescribed.
4. Classes of passports and travel documents.—(1) The following classes of passports may be issued
under this Act, namely:—
(a) ordinary passport;
(b) Official passport;
(c) diplomatic passport.
(2) The following classes of travel documents may be issued under this Act, namely:—
(a) emergency certificate authorising a person to enter India;
(b) certificate of identity for the purpose of establishing the identity of a person;
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(c) such other certificate or document as may be prescribed.

(3) The Central Government shall, in consonance with the usage and practice followed by it in this behalf,
prescribe the classes of persons to whom the classes of passports and travel documents referred to respectively
in sub-section (1) and sub-section (2) may be issued under this Act.
5. Applications for passports, travel documents, etc, and orders thereon.—1[(1) An application for the
issue of a passport under this Act for visiting such foreign country or countries (not being a named
foreign country) as may be specified in the application may be made to the passport authority and shall
be accompanied by 1[such fee as may be prescribed to meet the expenses incurred on special security
paper, printing, lamination and other connected miscellaneous services in issuing passports and other
travel documents].
Explanation.—In this section, “named foreign country” means such foreign country as the Central
Government may, by rules made under this Act, specify in this behalf.
(1A) An application for the issue of—
(i) a passport under this Act for visiting a named foreign country; or
(ii) a travel document under this Act, for visiting such foreign country or countries (including a
named foreign country) as may be specified in the application or for an endorsement on the passport or
travel document referred to in this section,
may be made to the passport authority and shall be accompanied by such fee (if any) not exceeding rupees
fifty, as may be prescribed.
(1B) Every application under this section shall be in such form and contain such particulars as may be
prescribed.]
(2) On receipt of an application 2[under this section], the passport authority, after making such inquiry, if
any, as it may consider necessary, shall, subject to the other provisions of this Act, by orderin writing,—
(a) issue the passport or travel document with endorsement ,or, as the case may be, make on the
passport or travel document the endorsement, in respect of the foreign country or countries specified in the
application; or
(b) issue the passport or travel document with endorsement, or, as the case may be, make on the
passport or travel document the endorsement, in respect of one or more of the foreign countries specified in
the application and refuse to make an endorsement in respect of the other country or countries; or
(c) refuse to issue the passport or travel document or, as the case may be, refuse to make on the
passport or travel document any endorsement.
(3) Where the passport authority makes an order under clause (b) or clause (c) of sub-section (2) on the
application of any person, it shall record in writing a brief statement of its reasons for making such order and
furnish to that person on demand a copy of the same unless in any case the passport authority is of the opinion
that it will not be in the interests of the sovereignty and integrity of India, the security of India, friendly
relations of India with any foreign country or in the interests of the general public tofurnish such copy.
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6. Refusal of passports, travel documents, etc.—(1) Subject to the other provisions of this Act, the
passport authority shall refuse to make an endorsement for visiting any foreign country under clause
(b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other
ground, namely:—
(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the
sovereignty and integrity of India;
(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the
security of India;
(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly
relations of India with that or any other country;
(d) that in the opinion of the Central Government the presence of the applicant in such country is not in
the public interest.
(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel
document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on anyone or more
of the following grounds, and on no other ground, namely:—
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the
sovereignty and integrity of India;
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the
security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations
of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of
his application, been convicted by a court in India for any offence involving moral turpitude and sentenced
in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are
pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been
issued by a court under any law for the time being in force or that an order prohibiting the departure from
India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in
connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the
applicant will not be in the public interest.
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7. Duration of passports and travel documents.—A passport or travel document shall, unless revoked
earlier, continue in force for such period as may be prescribed and different periods may be prescribed for
different classes of passports or travel documents or for different categories of passports or travel documents
under each such class:
Provided that a passport or travel document may be issued for a shorter period than the prescribed
period—
(a) if the person by whom it is required so desires; or
(b) if the passport authority, for reasons to be communicated in writing to the applicant, considersin any
case that the passport or travel document should be issued for a shorter period.
8. Extension of period of Passport.—Where a passport is issued for a shorter period than the prescribed
period under section 7, such shorter period shall, unless the passport authority for reasons to be recorded in
writing otherwise determines, be extendable for a further period (which together with the shorter period shall
not exceed the prescribed period) and the provisions of this Act shall apply to such extension as they apply to
the issue thereof.]
9. Conditions and forms of passports and travel documents.—The conditions subject to which, and the
form in which, a passport or travel document shall be issued or renewed shall be such as may be prescribed:
Provided that different conditions and different forms may be prescribed for different classes of passports
or travel documents or for different categories of passports or travel documents under each such class:
Provided further that a passport or travel document may contain in addition to the prescribed conditions
such other conditions as the passport authority may, with the previous approval of the Central Government,
impose in any particular case.
10. Variation, impounding and revocation of passports and travel documents.—(1) The passport
authority may, having regard to the provisions of sub-section (1) of section 6 or any notification under section
19, vary or cancel the endorsements on a passport or travel document or may, with the previous approval of the
Central Government, vary or cancel the conditions (other than the prescribed conditions) subject to which a
passport or travel document has been issued and may, for that purpose, require the holder of a passport or a
travel document, by notice in writing, to deliver up the passport or travel document to it within such time as
may be specified in the notice and the holder shall comply with such notice.
(2) The passport authority may, on the application of the holder of a passport or a travel document, and
with the previous approval of the Central Government also vary or cancel the conditions (other than the
prescribed conditions) of the passport or travel document.
(3) The passport authority may impound or cause to be impounded or revoke a passport or travel
document,—
1
(a) if the passport authority is satisfied that the holder of the passport or travel document is in
wrongful possession thereof;
(b) if the passport or travel document was obtained by the suppression of material information or on the
basis of wrong information provided by the holder of the passport or travel document or any other person
on his behalf:
1
[Provided that if the holder of such passport obtains another passport, the passport authority shall also
impound or cause to be impounded or revoke such other passport.]
(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity
of India, the security of India, friendly relations of India with any foreign country, or in the interests of the
general public;
(d) if the holder of the passport or travel document has, at any time after the issue of the passport or
travel document, been convicted by a court in India for any offence involving moral turpitude and
sentenced in respect thereof to imprisonment for not less than two years;
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport
or travel document are pending before a criminal court in India;
(f) if any of the conditions of the passport or travel document has been contravened;
(g) if the holder of the passport or travel document has failed to comply with a notice under sub-section
(1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance,
or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under
any law for the time being in force or if an order prohibiting the departure from India of the holder of the
passport or other travel document has been made by any such court and the passport authority is satisfied
that a warrant or summons has been so issued or an order has been so made.
(4) The passport authority may also revoke a passport or travel document on the application of the holder
thereof.
(5) Where the passport authority makes an order varying or cancelling the endorsements on, or varying the
conditions of, a passport or travel document under sub-section (1) or an order impounding or revoking a
passport or travel document under sub-section (3), it shall record in writing a brief statement of the reasons
for making such order and furnish to the holder of the passport or travel document on demand a copy of
the same unless in any case, the passport authority is of the opinion that it will not be in the interests of the
sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or
in the interests of the general public to furnish such a copy.
(6) The authority to whom the passport authority is subordinate may, by order in writing, impound or cause
to be impounded or revoke a passport or travel document on any ground on which it may be impounded or
revoked by the passport authority and the foregoing provisions of this section shall, as far as may be, apply in
relation to the impounding or revocation of a passport or travel document by such authority.
(7) A court convicting the holder of a passport or travel document of any offence under this Act or the rules
made thereunder may also revoke the passport or travel document:
Provided that if the conviction is set aside on appeal or otherwise the revocation shall become void.
(8) An order of revocation under sub-section (7) may also be made by an appellate court or by the High
Court when exercising its powers of revision.
(9) On the revocation of a passport or travel document under this section the holder thereof shall, without
delay, surrender the passport or travel document, if the same has not already been impounded, to the authority
by whom it has been revoked or to such other authority as may be specified in this behalf in the order of
1
revocation.
10A. Suspension of passports or travel documents in certain cases.—(1) Without prejudice to the
generality of the provisions contained in section 10, if the Central Government or any designated officer is
satisfied that the passport or travel document is likely to be impounded or caused to be impounded or
revoked under clause (c) of sub-section (3) of section 10 and it is necessary in the public interest so to do, it
or he may,—
(a) by order, suspend, with immediate effect, any passport or travel document;
(b) pass such other appropriate order which may have the effect of rendering any passport or travel
document invalid,
for a period not exceeding four weeks:
Provided that the Central Government or the designated officer may, if it or he considers appropriate,
extend, by order and for reasons to be recorded in writing, the said period of four weeks till the proceedings
relating to variation, impounding or revocation of passport or travel document under section 10 are
concluded:
Provided further that every holder of the passport or travel document, in respect of whom an order
under clause (a) or clause (b) of this sub-section had been passed, shall be given an opportunity of being
heard within a period of not later than eight weeks reckoned from the date of passing of such order and
thereupon the Central Government may, if necessary, by order in writing, modify or revoke the order
passed under this sub-section.
(2) The designated officer shall immediately communicate the order passed under sub-section (1),to the
concerned authority at an airport or any other point of embarkation or immigration, and to the passport
authority.
(3) Every authority referred to in sub-section (2) shall, immediately on receipt of the order passed under
sub-section (1), give effect to such order.
10B. Validation of intimations.—Every intimation given by the Central Government or the designated
officer, before the commencement of the Passports (Amendment) Act, 2002 (17 of 2002), to any
immigration authority at an airport or any other point of embarkation or immigration, restricting or in any
manner prohibiting the departure from India of any holder of the passport or travel document under sub-
section (3) of section 10, shall be deemed to be an order under sub- section (1) of section 10A and such
order shall continue to be in force for a period of three months from the date of commencement of the
Passports (Amendment) Act, 2002, or the date of giving such intimation, whichever is later.
2
Explanation.—For the purposes of sections 10A and 10B, the expression “designated officer” means
such officer or authority designated, by order in writing, as such by the Central Government.]
11. Appeals.—(1) Any person aggrieved by an order of the passport authority under clause (b) or clause (c)
of sub-section (2) of section 5 or clause (b) of the proviso to section 7 or sub-section (1), or sub-section (3) of
section 10 or by an order under sub-section (6) of section 10 of the authority to whom the passport authority is
subordinate, may prefer an appeal against that order to such authority (hereinafter referred to as the appellate
authority) and within such period as may be prescribed:
Provided that no appeal shall lie against any order made by the Central Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant
satisfied the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the
Limitation Act, 1963 (36 of 1963), with respect to the computation of the periods of limitation
thereunder.
(4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a
copy of the statement of the reasons for the order appealed against where such copy has been furnished to the
appellant and 1[by such fee as may be prescribed for meeting the expenses that may be incurred in calling for
relevant records and for connected services].
(5) In disposing of an appeal, the appellate authority shall follow such procedure as may be prescribed:
Provided that no appeal shall be disposed of unless the appellant has been given a reasonableopportunity or
representing his case.
(6) Every order of the appellate authority confirming, modifying or reversing the order appealed against
shall be final.
2
12. Offences and penalties.—(1) Whoever—

(a) contravenes the provisions of section 3; or
(b) knowingly furnishes any false information or suppresses any material information with a view to
obtaining a passport or travel document under this Act or without lawful authority alters or attempts to
alter or causes to alter the entries made in a passport or travel document; or
(c) fails to produce for inspection his passport or travel document (whether issued under this Act
or not) when called upon to do so by the prescribed authority; or
(d) knowingly uses a passport or travel document issued to another person; or
(e) knowingly allows another person to use a passport or travel document issued to him,
shall be punishable with imprisonment for a term which may extend to 2[two years or with fine which may
extend to five thousand rupees] or with both.
(1A) Whoever, not being a citizen of India,—
(a) makes an application for a passport or obtains a passport by suppressing information about his
nationality, or
(b) holds a forged passport or any travel document,
shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to
five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand
rupees.]
(2) Whoever abets any offence punishable under 2[sub-section (1) or sub-section (1A)] shall, if the act
abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-
section for that offence.
(3) Whoever contravenes any condition of a passport or travel document or any provision of this Act or any
rule made thereunder for which no punishment is provided elsewhere in this Act shall be punishable with
imprisonment for a term which may extend to three months or with fine which may extend to five hundred
2
rupees or with both.

(4) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under
this Act shall be punishable with double the penalty provided for the latter offence.
13. Power to arrest.—(1) Any officer of customs empowered by a general or special order of the Central
Government in this behalf and any 3[officer of police or emigration officer] not below the rank of a sub-
inspector may arrest without warrant any person against whom a reasonable suspicion exists that he has
committed any offence punishable under section 12 and shall, as soon as may be, inform him of the grounds for
such arrest.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the
person arrested before a magistrate having jurisdiction in the case or to the officer in charge of the nearest
police station and the provisions of 4[section 57 of the Code of Criminal procedure, 1973 (2 of 1974)]
shall, so far as may be, apply in the case of any such arrest.
14. Power of search and seizure.—(1) Any officer of customs empowered by a general or special order of
the Central Government in this behalf and any 3[officer of police or emigration officer] not below the rank of a
sub-inspector may search any place and seize any passport or travel document from any person against whom a
reasonable suspicion exists that he has committed any offence punishable under section 12.
(2) The provisions of the 5[Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches and seizures
shall, so far as may be, apply to searches and seizures under this section.
15. Previous sanction of Central Government necessary.—No prosecution shall be instituted against
any person in respect of any offence under this Act without the previous sanction of the Central Government or
such officer or authority as may be authorised by that Government by order in writing in this behalf.
16. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie
against the Government or any officer or authority for anything which is in good faith done or intended to be
done under this Act.
17. Passports and travel documents to be property of Central Government.—A passport or travel
document issued under this Act shall at all times remain the property of the Central Government.
18. [Passports, etc., not to be issued to persons who cannot emigrate under Act 7 of 1922].—Omitted by the
Passports (Amendment) Act, 1993 (35 of 1993), s. 8 (w.e.f. 1-7-1993).
19. Passports and travel documents to be invalid for travel to certain countries.—Upon the issue of a
notification by the Central Government that a foreign country is—
(a) a country which is committing external aggression against India; or
(b) a country assisting the country committing external aggression against India; or
(c) a country where armed hostilities are in progress; or
(d) a country to which travel must be restricted in the public interest because such travel would
seriously impair the conduct of foreign affairs of the Government of India,
a passport or travel document for travel through or visiting such country shall cease to be valid for such travel
2
or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the
prescribed authority.
20. Issue of passports and travel documents to persons who are not citizens of India.—
Notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel
document, the Central Government may issue, or cause to be issued, a passport or travel document to a person
who is not a citizen of India if that Government is of the opinion that it is necessary so to do in the public
interest.
21. Power to delegate.—The Central Government may, by notification in the Official Gazette, direct that
any power or function which may be exercised or performed by it under this Act other than the power under
clause (d) of sub-section (1) of section 6 or the power under clause (i) of sub-section (2) of that section or the
power under section 24, may, in relation to such matters and subject to such conditions, if any, as it may specify
in the notification, be exercised or performed—
(a) by such officer or authority subordinate to the Central Government; or
(b) by any State Government or by any officer or authority subordinate to such Government; or
(c) in any foreign country in which there is no diplomatic mission of India, by such foreign
Consular Officer; as may be specified in the notification.
22. Power to exempt.—Where the Central Government is of the opinion that it is necessary or expedient
in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if
any, as it may specify in the notification,—
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act
or the rules made thereunder; and
(b) as often as may be, cancel any such notification and again subject, by a like notification, the
person or class of persons to the operation of such provisions.
23. Act to be in addition to certain enactments.—The provisions of this Act shall be in addition to and
not in derogation of the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920), 1[the Emigration
Act, 1983 (31 of 1983)] the Registration of Foreigners Act, 1939 (16 of 1939), the ForeignersAct, 1946 (31 of
1946), 2***, Trading with the Enemy (Continuance of Emergency Provisions) (16 of 1947), the
Foreigners Law (Application and Amendment) Act, 1962 (42 of 1962), 3[the Foreign Exchange Regulation Act,
1973 (46 of 1973)] and other enactments relating to foreigners and foreign exchange.
24. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:—
(a) the appointment, jurisdiction, control and functions of passport authorities;
(b) the classes of persons to whom passports and travel documents referred to respectively in sub-
2
section (1) and sub-section (2) of section 4 may be issued;

(c) the form and particulars of application for the issue or renewal of a passport or travel document or
for endorsement on a passport or travel document and where the application is for the renewal, the time
within which it shall be made;
(d) the period for which passports and travel documents shall continue in force;
(e) the form in which and the conditions subject to which the different classes of passports and travel
documents may be issued, renewed or varied;
1
[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section
5;]
(f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of
section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or
travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel
document and the fees payable in respect of any appeal under this Act;
(g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of,
and the procedure which may be followed by, such appellate authorities;
(h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or
travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel
document and the fees therefor;
(i) any other matter which is to be or may be prescribed or in respect of which this Act makes no
provision or makes insufficient provision and provision is, in the opinion of the Central Government,
necessary for the proper implementation of the Act.
(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of
Parliament while it is in session for a total period of thirty days which may be comprised in one session or 3[in
two or more successive sessions and if, before the expiry of the session immediately following the session or
the successive sessions aforesaid], 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.
25. Change of short title of Act 34 of 1920.—In the Indian Passport Act, 1920, in sub-section (1) of
section 1, for the words and figures “the Indian Passport Act, 1920,” the words, brackets and figures “the
Passport (Entry into India) Act, 1920” shall be substituted.
26. [Saving as to certain passports and applications.]—Omitted by the Passports (Amendment) Act, 1993
(35 of 1993), s. 8 (w.e.f. 1-7-1993).
27. Repeal and saving.—(1) The Passports Ordinance, 1967 (4 of 1967) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purporting to have been done or
taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had
commenced on the 5th day of May, 1967.
2
Payment of Wages Act, 1936
The Payment of Wages Act, 1936 is one of the old enactments dealing with employer employee
relationship. The limited purpose of the Act is to ensure prompt and full payment of wages to persons
employed in industry. The State of Maharashtra has extended the provisions of the Act to all establishments
covered by the Bombay Shops and Establishments Act, 1948.
Penalties for Non-Compliance: Penalties prescribed are from Rs. 1,500-7,500. Repeat offences attract 1 to
6 months imprisonment and fine from Rs. 3,750-22,500. Delayed wage payments attract penalty of Rs. 750
per day of delay.
The Maternity Benefit Act, 1961
 The Act was passed to provide uniform maturity benefits for women employees in industries not covered
by the Employees State Insurance Act.
 Maternity Leave: A female employee is entitled to maternity leave of 12 weeks (6 weeks prior to delivery
& 6 weeks after birth of child). An additional 4 weeks can be granted on full pay in case of illness due to
pregnancy, delivery miscarriage or premature birth.
Eligibility
• Maternity leave is a statutory leave. All women employees will be entitled to maternity benefits as per the
provisions of the Maternity Benefit Act, 1961 and the prevailing State rules. • Married and expecting
women employees are eligible to avail maternity leave. • Women employees who have completed a
minimum of 80 days of continuous service with the company are eligible for maternity leave. • If you are
2
on probation, you are entitled to avail maternity leave, provided the above condition is fulfilled.
Entitlement
 Maternity leave is restricted to two live births during the service with the company
 Women employees who have worked for a minimum period of 80 days in the twelve months prior to the
delivery shall be entitled to Maternity Leave of up to
- 12 weeks in case of delivery
- 6 weeks in case of miscarriage, from the date of miscarriage
 Under the Act, women employees are eligible for a maximum period of 12 weeks as Maternity Leave
and this leave shall not be extended beyond a period of 1 month,
 Without a certificate from a Qualified Medical Practitioner and approval of the HR Personnel.
 All leave/s beyond the statutory limit of 12 weeks will be charged to Earned Leave.
 Maternity Leave may be clubbed with Sick Leave. Process
 The employee should give at least one month's notice prior to the date of commencement of leave.
 Maternity leave must be recorded accurately in the Oracle time sheet as ―Leave of Absence‖
 If you are proceeding on leave beyond the stipulated time, you need to get special approval.
THE FOREIGNERS ACT, 1946
A No. 31 1946*
CT OF
[23rd November, 1946.]
An Act to confer upon the Central Government certain powers in respect offoreigners.
2
WHEREAS it is expedient to provide for the exercise by the Central Government of certain powers in
respect of the entry of foreigners into 1[India], their presence therein and their departure therefrom.
It is hereby enacted as follows: —
1. Short title and extent.—(1) This Act may be called the Foreigners Act, 1946.
(2) It extends to the whole of 1[India] 2***.
2. Definitions.— In this Act—
3
[(a) “foreigner” means a person who is not a citizen of India;]
4
* * * * *
(b) “prescribed” means prescribed by orders made under this Act;
(c) “specified” means specified by direction of a prescribed authority.
3. Power to make orders.—(1) The Central Government may by order make provision, either generally or
with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of
foreigner, for prohibiting, regulating or restricting the entry of foreigners into 1[India] or their departure
therefrom or their presence or continued presence therein.
(2) In particular and without prejudice to the generality of the foregoing power, orders made under this
section may provide that the foreigner—
(a) shall not enter 1[India] or shall enter 1[India] only at such times and by such route and at such port
or place and subject to the observance of such conditions on arrival as may be prescribed;
(b) shall not depart from 1[India], or shall depart only at such times and by such route and
from such port or place and subject to the observance of such conditions on departure as may be
prescribed;
(c) shall not remain in 1 [India] or in any prescribed areas therein;

2
[(cc) shall, if he has been required by order under this section not to remain in India, meet from
any resources at his disposal the cost of his removal from India and of his maintenance therein pending
such removal;]
(d) shall remove himself to, and remain in, such area in 1[India] as may be prescribed;
(e) shall comply with such conditions as may be prescribed or specified —
2
(i) requiring him to reside in a particular place; (ii)

imposing any restrictions on his movements;
(iii) requiring him to furnish such proof of his identity and to report such particulars to
such authority in such manner and at such time and place as may be prescribed or specified;
(iv) requiring him to allow his photograph and finger impressions to be taken and to
furnish specimens of his handwriting and signature to such authority and at such time and
place as may be prescribed or specified;
(v) requiring him to submit himself to such medical examination by such authority
and at such time and place as may be prescribed or specified;
(vi) ) prohibiting him from association with persons of a prescribed or specified
description;
(vii) prohibiting him from engaging in activities of a prescribed or specifieddescription;
(viii) prohibiting him from using or possessing prescribed or specified articles;
(ix) otherwise regulating his conduct in any such particular as may be prescribed orspecified;
(f) shall enter into a bond with or without sureties for the due observance of, or as an alternative to
the enforcement of, any or all prescribed or specified restrictions or conditions;
3
[(g) shall be arrested and detained or confined;]
and may make provision 4[for any matter which is to be or may be prescribed and] for such incidental
and supplementary matters as may, in the opinion of the Central Government, be expedient or necessary
for giving effect to this Act.
4
[(3) Any authority prescribed in this behalf may with respect to any particular foreigner make
orders under clause (e) 5[or clause (f)] of sub-section (2).]
6
[3A. Power to exempt citizens of Commonwealth Countries and other persons from application of
Act in certain cases.—(1) The Central Government may, by order, declare that all or any of the provisions
of this Act or of any order made thereunder shall not apply, or shall apply only in such circumstances
or with such exceptions or modifications or subject to such conditions as may be specified in the
order, to or in relation to —
(a) the citizens of any such Commonwealth Country as may be so specified; or (b) any
other individual foreigner or class or description of foreigner.
(2) A copy of every order made under this section shall be placed on the table of both Houses
of Parliament as soon as may be after it is made.]
4. Persons on parole.— 1[(1) Any foreigner (hereinafter referred to as an internee) in respect of
whom there is in force any order made under clause (g) of sub-section (2) of section 3, directing
that he be detained or confined, shall be detained or confined in such place and manner and
subject to such conditions as to maintenance, discipline and the punishment of offences and breaches
of discipline as the Central Government may from time to time by order determine.]
(2) Any foreigner (hereinafter referred to as a person on parole) in respect of whom there is in
force an order under clause (e) of sub-section (2) of section 3 requiring him to reside at a place set apart
for the residence under supervision of a number of foreigners, shall w hile residing therein be
subject to such conditions as to maintenance, discipline and the punishment of offences and
breaches of discipline as the Central Government may from time to time by order determine.
2
[(3) No person shall—
2
(a) knowingly assist an internee or a person on parole to escape from custody or the place set
apart for his residence, or knowingly harbour an escaped internee or person on parole, or
(b) give an escaped internee or person on parole any assistance with intent thereby to prevent,
hinder or interfere with the apprehension of the internee or the person on parole.
(4) The Central Government may, by order, provide for regulating access to, and the conduct
of persons in, places in India where internees or persons on parole are detained or restricted, as the
case may be, and for prohibiting or regulating the despatch or conveyance from outside such
places to or for internees or persons on parole therein of such articles as may be prescribed.]
5. Change of name.—(1) No foreigner who was in 3[India] on the date on which this Act came into
force shall, while in 3 [India] after that date, assume or use or purport to assume or use for any
purpose any name other than that by which he was ordinarily known immediately before the said
date.
(2) Where, after the date on which this Act came into force, any foreigner carries on or purports to
carry on (whether alone or in association with any other person) any trade or business under any name
or style, other than that under which that trade or business was being carried on immediately before the
said date, he shall, for the purposes of sub -section (1), be deemed to be using a name other than that
by which he was ordinarily known immediately before the said date.
(3) In relation to any foreigner who, not having been in 3[India] on the date on which this Act
came into force, thereafter enters 3[India], sub-sections (1) and (2) shall have effect as if for any
reference in those sub-sections to the date on which this Act came into force there were substituted
a reference to the date on which he first enters 3[India] thereafter.
(4) For the purposes of this section—
(a) the expression “name” includes a surname, and
(b) a name shall be deemed to be changed if the spelling thereof is altered. (5)
Nothing in this section shall apply to the assumption or use —
1
(a) of any name in pursuance of a *** licence or permission granted by the Central Government;
or
(b) by any married woman, of her husband’s name.
6. Obligations of masters of vessels, etc. — (1) The master of any vessel landing or embarking at a
part in 2[India] passengers coming to or going from that port by sea and the pilot of any aircraft landing or
embarking at any place in 2[India] passengers coming to or going from that place by air, shall furnish to such
person and in such manner as may be prescribed a return giving the prescribed particulars with respect to any
passenger or members of the crew, who are foreigners.
(2) Any District Magistrate and any Commissioner of Police or, where there is no Commissioner of Police,
any Superintendent of Police may, for any purpose connected with the enforcement of this Act or any order
made thereunder, require the master of any such vessel or the pilot of any such aircraft to furnish such
information as may be prescribed in respect of passengers or members of the crew on such vessel or aircraft, as
the case may be.
(3) Any passenger on such vessel or such aircraft and any member of the crew of such vessel or
aircraft shall furnish to the master of the vessel or the pilot of the aircraft, as the case may be, any
information required by him for the purpose of furnishing the return referred to in sub-section (1) or for
furnishing the information required under sub-section (2).
3
[(4) If any foreigner enters India in contravention of any provision of this Act or any order made
3
thereunder, the prescribed authority may, within two months from the date of such entry, direct the
master of the vessel or the pilot of the aircraft on which such entry was effected or the owner or the
agent of the owner of such vessel or aircraft, to provide, to the satisfaction of the said authourity
and otherwise than at the expense of Government, accommodation on a vessel or aircraft for the purpose
of removing the said foreigner from India.
(5) The master of any vessel or the pilot of any aircraft which is about to carry passengers from a
port or place in India to any destination outside India, or the owner or the agent of the owner of any
such vessel or aircraft shall, if so directed by the Central Government and on tender of payment
therefore at the current rates, provide on the vessel or aircraft accommodation to such port or place
outside India, being a port or place at which the vessel or aircraft is due to call, as the Central Government
may specify, for any foreigner ordered under section 3 not to remain in India and for his dependents, if
any, travelling with him.]
3
[(6)] For the purposes of this section —
(a) “master of a vessel” and “pilot of any aircraft”, shall include any person authorised by such
master or pilot, as the case may be, to discharge on his behalf any of the duties imposed on him by
this section;
(b) “passenger” means any person not being a bona fide member of the crew, travelling or seeking to
travel on a vessel or aircraft.
7. Obligation of hotel keepers and others to furnish particulars.—(1) It shall be the duty of
the keeper of any premises whether furnished or unfurnished where lodging or sleeping
accommodation is provided for reward, to submit to such person and in such manner such
information inrespect of foreigners accommodated in such premises, as may be prescribed.
Explanation.—The information referred to in this sub-section may relate to all or any of the
foreigners accommodated at such premises and may be required to be submitted
periodically or at any specific time or occasion.
(2) Every person accommodated in any such premises shall furnish to the keeper thereof a
statement containing such particulars as may be required by the keeper for the purpose of
furnishing the information referred to in sub-section (1).
(3) The keeper of every such premises shall maintain a record of the information furnished by
him under sub-section (1) and of the information obtained by him under sub-section (2) and such
record shall be maintained in such manner and preserved for such period as may be prescribed,
and shall at all times be open to inspection by any police officer or by a person authorised in this
behalf by the District Magistrate.
1
[(4) If in any area prescribed in this behalf the prescribed authority by notice published
in such manner as may in the opinion of the authority be best adapted for informing the persons
concerned so directs, it shall be the duty of every person occupying or having under his
control any residential premises to submit to such person and in such manner such
information in respect of foreigners accommodated in such premises as may be specified;
and the provisions of sub-section (2) shall apply to every person accommodated in any such
premises.]
3
Power to control places frequented by foreigners.—(1) The prescribed authority may, subject to
such conditions as may be prescribed, direct the owner or person having control of any premises used as a
restaurant or a place of public resort or entertainment or as a club and frequented by foreigners—
(a) to close such premises either entirely or during specified periods, or
(b) to use or permit the use of such premises only under such conditions as may be specified, or
(c) to refuse admission to such premises either to all foreigners or to any specified foreigner or class
of foreigner.
(2) A person to whom any direction has been given under sub-section (1) shall not, while such direction
remains in force, use or permit to be used any other premises for any of the aforesaid purposes, except with
the previous permission in writing of the prescirbed authority and in accordance with any conditions
which that authority may think fit to impose.
(3) Any person to whom any direction has been given under sub-section (1) and who is aggrieved thereby
may, within thirty days from the date of such direction, appeal to the Central Government; and the decision
of the Central Government in the matter shall be final.]
8. Determination of nationality.—(1) When a foreigner is recongnised as a national by the law
of more than one foreign country or where for any reason it is uncertain what nationality if any is to
be ascribed to a foreigner, that foreigner may be treated as the national of the country with which
he appears to the prescribed authority to be most closely connected for the time being in interest or
sympathy or if he is of uncertain nationality, of the country with which he was last so connected:
Provided that where a foreigner acquired a nationality by birth, he shall, except where the
Central Government so directs either generally or in a particular case, be deemed to retain that
nationality unless he proves to the satisfaction of the said authority that he has subsequently acquired by
naturalization or otherwise some other nationality and still recognized as entitled to protection by the
Government of the country whose nationality he has so acquired.
(2) A decision as to nationality given under sub-section (1) shall be final and shall not be called in
question in any Court:
Provided that the Central Government, either of its own motion or on an application by the foreigner
concerned, may revise any such decision.
9. Burden of proof.—If in any case not falling under section 8 any question arises with reference to
this Act or any order made or direction given thereunder, whether any person is or is not a foreigner or
is or is not a foreigner of a particular class or description the onus of provingthat such person is not a
foreigner or is not a foreigner of such particular class or description, as the case may be, shall
notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), lie upon such
person.
10. [Power to exempt from application of Act.] Rep. by the Foreigners Laws (Amendment) Act, 1957 (11 of
1957), s. 7 (w.e.f. 19-1-1957).
11. Power to give effect to orders, directions, etc.—(1) Any authority empowered by or under or in
pursuance of the provisions of this Act to give any direction or to exercise any other power, may, in
addition to any other action expressly provided for in this Act, take, or cause to be taken such steps and use, or
cause to be used, such force as may, in its opinion, be reasonably necessary for securing compliance with
such direction or for preventing or rectifying any breach thereof, or for the effective exercise of such power, as
the case may be.
(2) Any police officer may take such steps and use such force as may, in his opinion, be reasonably
necessary for securing compliance with any order made or direction given under or in pursuance of the
3
provisions of this Act or for preventing or rectifying any breach of such order or direction.
(3) The power conferred by this section shall be deemed to confer upon any person acting in exercise
thereof a right of access to any land or other property whatsoever.
12. Power to delegate authority.—Any authority upon which any power to make or give any direction,
consent or permission or to do any other act is conferred by this Act or by any order made thereunder
may, unless express provision is made to the contrary, in writing authorise, conditionally or otherwise, any
authority subordinate to it to exercise such power on its behalf, and thereupon the said subordinate authority
shall, subject to such conditions as may be contained in the authorisation, be deemed to be the authority
upon which such power is conferred by or underthis Act.
13. Attempts, etc., to contravene the provisions of this Act, etc.—(1) Any person who attempts to
contravene, or abets or attempts to abet, or does any act preparatory to, a contraven tion of, the provisions
of this Act or of any order made or direction given thereunder, or fails to comply with any direction given in
pursuance of any such order, shall be deemed to have contravened the provisions of this Act.
(2) Any person who, knowing or having reasonable cause to believe that any other person has contravened
the provisions of this Act or of any order made or direction given thereunder, gives that other person any
assistance with intent thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment
for the said contravention shall be deemed to have abetted that contravention.
The master of any vessel or the pilot of any aircraft, as the case may be, by means of which
any foreigner enters or leaves 1 [India] in contravention of any order made under, or direction
given in pursuance of, section 3 shall, unless he proves that he exercised all due diligence to
prevent the said contravention, be deemed to have contravened this Act.
1
[14. Penalty for contravention of provisions of the Act, etc. — Whoever. —
(a) remains in any area in India for a period exceeding the period for which the visa was issued tohim;
(b) does any act in violation of the conditions of the valid visa issued to him for his entry and stay in
India or any part thereunder;
(c) contravenes the provisions of this Act or of any order made thereunder or any direction given in
pursuance of this Act or such order for which no specific punishment is provided under this Act,
shall be punished with imprisonment for a term which may extend to five years and shall also be liable
to fine; and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond
shall be forfeited, and any person bound thereby shall pay the penalty thereof or show cause to the
satisfaction of the convicting Court why such penalty should not be paid by him.
Explanation. — For the purposes of this section, the expression “visa” shall have the same meaning as
assigned to it under the Passport (Entry into India) Rules, 1950 made under the Passport (entry
into India) Act, 1920 (34 of 1920).
14A. Penalty for entry in restricted areas, etc. — Whoever. —
(a) enters into any area in India, which is restricted for his entry under any order made underthis Act,
or any direction given in pursuance thereof, without obtaining a permit from the authority, notified by
the Central Government in the Official Gazette, for this purpose or remains in such area beyond the
period specified in such permit for his stay; or
(b) enters into or stays in any area in India without the valid documents required for such entry or
for such stay, as the case may be, under the provisions of any order made under this Act or any
direction given in pursuance thereof,
shall be punished with imprisonment for a term which shall not be less than two years, but may
extend to eight years and shall also be liable to fine which shall not be less than ten thousand rupees;
3
and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond
shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the
satisfaction of the convicting court why such penalty should not be paid by him.
14B. Penalty for using forged passport.— Whoever knowingly uses a forged passport for entering
into India or remains therein without the authority of law for the time being in force shall be punishable
with imprisonment for a term which shall not be less than two years, but may extend to eight years and
shall also be liable to fine which shall not be less than ten thousand rupees but may extend to fifty
thousand rupees.
14C. Penalty for abetment.—Whoever abets any offence punishable under section 14 or section
14A or section 14B shall, if the act abetted is committed in consequence of the abetment, be
punished with the punishment provided for the offence.
Explanation. —For the purposes of this section, —
(i) an act or offence is said to be committed in consequence of the abetment, when it is committed in
consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the
offence;
(ii) the expression “abetment” shall have the same meaning as assigned to it under section 107 of the
Indian Penal Code (45 of 1860).]
15. Protection to persons acting under this Act.—No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done or intended to be done under this Act
16. Application of other laws not barred.—The provisions of this Act shall be in addition to, and not
in derogation of, the provisions of the Registration of Foreigners Act, 1939 (16 of 1939), the Indian Passport
Act, 1920 (34 of 1920), and of any other enactment for the time being in force.
17. [Repeals.] Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2 and Sch. I.

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NOTES: Prepared by Ankur Chachra

7322 – Ethical, Legal & Regulatory Aspects of Tourism

Regulations for Travel and Tourism Business

What is Tourism Regulations?

Who are the regulatory authorities of tourism industry?

What are the laws relating to protection of tourist and health?

What is the significance of legislations in tourism industry?

Why are rules and regulations important?

What is RA 9593 all about?

Is ABTA a regulatory body?

Five significant steps taken by Modi government

 Adarsh Smarak: ASI has identified 100 monuments to be developed as Model

What steps should be taken for development of tourism?

What role or how can government help and contribute in tourism

Role and Functions of the Ministry of Tourism

All Policy Matters, including:

Planning & Co-ordination with other Ministries, Departments, State/UT Governments,

Infrastructure & Product Development.

Human Resource Development

Publicity & Marketing:

Research, Analysis, Monitoring and Evaluation

Coordinating the activities of field offices and their supervision, Regulation:

Inspection & Quality Control

Assistance for Parliamentary work.

Regulations Governing Tourism Organisations

10 Tips for Being a Good Tour Guide

 Get help to get organized

10. Avoid these traps:

A Tour Guide shall:

(i) Must have respect for belief system;

Laws Concerning Tourist Guides

Laws Governing Hotel Associations and Unions

1. Travel and tourism companies and agencies.

TRAVEL AND TOURISM LAWS AND REGULATIONS

1. Indian Institute of Tourism and Travel Management.

6. Indian Institute of Skiing and Mountaineering (IISM)

THE PASSPORTS ACT, 1967

[24th June, 1967.]

BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follow:—

(c) such other certificate or document as may be prescribed.

12. Offences and penalties.—(1) Whoever—

rupees or with both.

section (1) and sub-section (2) of section 4 may be issued;

Payment of Wages Act, 1936

The Maternity Benefit Act, 1961

THE FOREIGNERS ACT, 1946

[23rd November, 1946.]

It is hereby enacted as follows: —

(2) It extends to the whole of 1[India] 2***.

2. Definitions.— In this Act—

(b) “prescribed” means prescribed by orders made under this Act;

(c) “specified” means specified by direction of a prescribed authority.

(c) shall not remain in 1 [India] or in any prescribed areas therein;

(i) requiring him to reside in a particular place; (ii)

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