Offences against tourists now made cognizable: Rajasthan amends its Tourism Trade (Facilitation and Regulation) Act, 2010

Offences against tourists now made cognizable: Rajasthan amends its Tourism Trade (Facilitation and Regulation) Act, 2010

The Rajasthan Legislative Assembly on Monday amended the Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010 by adding a new provision i.e. Section 27-A which states that misconduct and misbehaviour with tourists is a cognizable offense in the state, and becomes non- bailable if repeated.

The amendment was passed by the house through a voice vote. 

The State initiated this amendment as a result of a High Court decision in 2017 that revoked an FIR filed under the Act on the grounds that the offences were not specifically listed as cognizable under the Act.

Tourism is one of the most important industries in Rajasthan, a State visited by a number of domestic and foreign tourists each year. However, the tourists often complain about illegal traders, touts, and undesirable elements during their visit.

As per section 27-A, “All the offences under the Act shall be cognizable and bailable provided that the offenses under subsection (3) and subsection (4) of section 13 of the Act are cognizable and non-bailable.”

Section 13 (3) provides that anyone committing a subsequent offence of touting will be detained by the police without a warrant and, on conviction, may be punished with rigorous imprisonment extending up to 3 years or a fine of up to ₹ 30,000 or both.

Accordingly, Section 13 (4) stipulates that any person, who engages in the practice of touting even after being punished more than once, shall be detained without a warrant and sentenced on conviction with rigorous punishment extending up to seven years or a fine of up to Rs. 1 lakh or both.

Participating in the debate regarding the bill, Govind Singh Dotasra- Minister of State for Tourism said the law was introduced in 2010 to promote and boost tourism in the state and to prevent misconduct and misbehaviour with the tourists.