STUDY OF TOURISM LAWS IN MAHARASHTRA BY: - MR. NAGSEN. U. MANE
“STUDY OF TOURISM LAWS IN
MAHARASHTRA”
AUTHORED BY: - MR. NAGSEN. U. MANE
Mob: 8830021543
(2023-2024)
Abstract:
Tourism is a vital sector of the
economy, and the state of Maharashtra in India is no exception to its impact.
Tourism in Maharashtra has witnessed remarkable growth over the years, drawing
travellers from around the world to its diverse attractions. To ensure the
sustainable development of this industry, it is imperative to have a
comprehensive understanding of the legal framework that governs it. This study
delves into the laws and regulations that pertain to tourism in Maharashtra,
highlighting their significance in managing and promoting this sector.
One of the key findings of this study
is the complexity of the legal framework governing tourism in Maharashtra,
involving various state and central regulations, as well as policies
implemented by regional authorities. It identifies the need for a streamlined
and harmonized legal structure to enhance the efficiency and effectiveness of
tourism management.
Furthermore, the study examines the
implications of these laws on various stakeholders, including tourists, tour
operators, and government bodies. It also explores the challenges faced in
enforcing and complying with these regulations, especially in the context of
rapid tourism growth.
In conclusion, the study sheds light
on the vital role that tourism laws play in shaping the tourism landscape of
Maharashtra. It emphasizes the need for ongoing research and policy development
to address the evolving needs of the industry while ensuring responsible and
sustainable tourism practices. This abstract provides a glimpse into the
comprehensive research, highlighting its significance in contributing the
betterment of tourism in Maharashtra.
Introduction:
The state of Maharashtra, known for
its diverse culture, rich history, and stunning landscapes, has always been a
magnet for travellers from all around the world. To ensure the protection and
regulation of this thriving tourism industry, it’s essential to delve into the
study of tourism laws in Maharashtra.
Maharashtra boasts a plethora of
tourist destinations, ranging from the bustling streets of Mumbai to the serene
beaches of Goa, the ancient caves of Ajanta and Ellora to the hill stations
like Mahabaleshwar and Lonavala. Each of these destinations has unique legal
provisions and regulations that govern the tourism sector.
Understanding these laws is crucial
for travellers, tourism professionals, and law enthusiasts. It ensure a safe
and enjoyable experience for tourists while supporting the responsible growth
of the tourism industry.
The study of tourism laws in
Maharashtra covers a wide spectrum of topics, including:
1. Heritage
and Cultural Preservation: The state is home to numerous heritage sites and
cultural landmarks. Laws related to the protection and preservation of these
assests are vital.
2. Safety and
Security: Tourist’s safety is a top priority. Laws address issues such as
emergency response, surveillance, and health and safety standards.
3. Economic
Aspects: The tourism industry is a significant contributor to Maharashtra’s
economy. Understanding the laws governing taxation, licensing, and permits is
essential.
By delving into the study of tourism
laws in Maharashtra, one can appreciate the intricate balance between promoting
tourism and protecting the state’s natural and cultural treasures.
History:
The history of tourism laws in
Maharashtra reflects a gradual evolution in response to the growing importance
of the tourism industry. Key legislation includes the Maharashtra Tourism
Development Corporation Act, which established the Maharashtra Tourism
Development Corporation (MTDC) in 1975 to promote tourism.
Over the years, various amendments
and additions have been made to address changing needs. The Maharashtra
Prevention of Dangerous Activities of slumlords, bootleggers, Drug offenders,
Video pirates, sand smugglers, and persons engaged in Black-marketing of
Essential Commodities Act, 1981, includes provisions related to regulating
certain activities affecting tourism.
Additionally, Maharashtra has adopted
national laws and guidelines to govern aspects of tourism, such as
environmental conservation and consumer protection. It’s essential to refer to
the latest legal documents and amendments for the most current information on
tourism laws in Maharashtra.
Development in Maharashtra State:
1. Maharashtra
Tourist Trade Act, 1955: One of the earliest significant legislations
pertaining to tourism in Maharashtra was the Maharashtra Tourist Trade Act,
1955. This act aimed to regulate and license various tourism-related
businesses, including travel agencies, tour operators, and tourist guides. It
provided a legal framework for the functioning of these entities.
2. Development
of Tourism Infrastructure: Over the years, Maharashtra took a lot of efforts
for the development of tourism infrastructure, including the establishment of
hotels, resorts, and tourism promotion agencies like the Maharashtra Tourism
Development Corporation.
3. Consumer
Protection and Labour Laws: As tourism in Maharashtra grew, laws related to
consumer protection and labour right became increasingly important to ensure
the welfare of tourists and workers in the tourism industry.
4. Modernization
Digitalization: With the advent of the internet and digital technologies, there
has been a shift towards modernizing and streamlining tourism regulations to
adapt to changing business models and customer preferences.
Tourism in Maharashtra:
Maharashtra has a lot of beautiful
destinations, which attracts and lures travellers of any age to witness this
majestic state. From the Mumbai the city of dreams to the hilly regions like
Matheran, Mahabaleshwar, Lonavala, Khandala everything is tempting in
Maharashtra.
Maharashtra state has a coastal area,
so tourists can enjoy the best beaches here. Maharashtra is rich in history
which has carved in significant caves. Tourist visit these masterpiece places
which are being here from history.
Top places for visit in Maharashtra[1]:
Lonavala:
Lonavala is the hill station located
67 km from pune with height of about 622m. There are numerous forts, caves,
waterfalls and lakes.
Mahabaleshwar:
Mahabaleshwar is the another popular
hill station in Maharashtra. Forts, lakes, temple, krishnabai temple, lingamala
falls, pachgani are the main tourist attraction.
Pune:
Pune has the a lot of historical
monuments from Maratha period, it is also known as the cultural capital of
Maharashtra. Pataleshwar cave, Sinhagad fort, Shanivar Wada, etc. are the
tourist attraction.
Aurangabad:
Aurangabad is also known as the
tourism capital of Maharashtra. Aurangabad is much popular for Ajanta and
Ellora caves which are oldest UNESCO World heritage sites.
Constitutional Perspective:
The Drafters of the Constitution of
India while framing the fundamental rights, were aware of what fundamental
right have to be applied to nonnatives and what rights have to be reserved only
for the citizens of India. And consequently, only the particular rights are
available to foreigners i.e Article 14, Article 20, Article 21, Article 22,
Article 23, Article 24, Article 25, Article 26 and 27.[2]
Supreme Court lately has reaffirmed
the right to life and liberty i.e. Article 21 that along with the citizens of
India it is available to foreign citizens also in response where police against
three Uganda people filed an FIR. SC observed “Article 21 of the Constitution of
India is applicable to all persons, whether Indian or Foreign citizen. People’s
right to liberty cannot be restrained by the police due to a business dispute.”[3]
Role of Government in Tourism:
The government’s role has undergone a
lot of changes from past years, now the government seeks to attract and foster
tourism. Maharashtra today is competing with other states in the tourism
industry and within the states, cities are competing with one another to gain a
good revenue from tourism industry. Thus, the state governments have formulated
number of policies to foster such ends. The most pervasive plans are made for
economic development are the five-year plans, which is made by the planning commission. which
considers tourism as a vehicle for economic development.[4]
Tourism Law:[5]
Tourism is a most rich industry in
India, which attracts a huge number of tourists, but it there is lack of
specific legislation for Tourism. Tourism has always been benefit for the
state, for providing employment for number of people, even having a positive
impact tourism has damaged the heritage and environment. Tourists can be seen
causing chaos in tourist spots, polluting and scribbling on monuments,
destroying public property. Even in the past years, tourists were not granted
freedom, tourist were seen with suspicion, and a reporting were made to the heads
of state of tourists actions or wrong acts i.e crimes. Tourists were punished
according to the laws of their land. While a lot of principles, ethics and
international laws were considered while assigning punishments to the offenders;
serious offences were not tolerated.
There are a number of laws that are
regarding the tourism, directly and indirectly. The rules governing tourism are
different and may be resolve into:
·
There are broader regulations that apply to this
business in unanticipated ways due to its unique rates, similar to damages for
disappointment.
·
The Tourism-industry-specific rules, ranging from
histeric common bonifaces and carriers, state, central, and international
regulations that in present regulate this business.
The Indian government has not
legislated any tourism legislation. Still, in 2002, the National Tourism Policy
was developed for the growth and promoting tourism assiduity, and it includes
essential principles for guarding the interests of tourists. Different laws
govern different aspects of tourism. They are:
o
Laws relating to Foreign Tourists
v Foreigners
Act, 1946
v Passport
Act, 1967
o
Laws relating to Criminal Activities
v Indian
Penal Code, 1860
v Code of
Criminal Procedure, 1973
v The Indian Evidence
Act, 1872
v The Narcotic
Drugs and Psychotropic Substances Act, 1985
v The Immoral
Traffic (Prevention) Act, 1956[6]
Maharashtra State Tourism Laws:[7]
1. Maharashtra
Tourism Policy 2016:
Coverage
under the Tourism Policy – 2006 – Tourism projects in the private sector, state
public/ joint sector and the co-operative sector but not the central public
sector will be considered for the incentives under “The Tourism Policy-2006”.
The proposed tourist facilities shall be open to all and shall not be confined
to the exclusive use of any particular individual or members of any group or
club or have any such other restrictions.
2. Champaner-Pavagadh
Archaeological Park World Heritage Area Management Authority Act, 2006.
3. Registration
of Tourist Accommodations: The Maharashtra Registration of Tourist Accommodation
Act mandates that hotels, lodges, and other accommodations must register with
the tourism department. This ensures compliance with safety standards and
facilitates the monitoring of facilities to enhance the overall experience for
visitors.
4. Waste Management
and Environmental Laws: To address the environmental impact of tourism,
Maharashtra has stringent laws governing waste management and environment
conservation. This includes waste disposal regulations and measures to preserve
ecologically sensitive areas.
5. Maharashtra
Tourist Vehicle Rules: The operation of tourist vehicles is subject to specific
regulations to guarantee passenger safety and fair business practices.
Compliance with these rules is essential for operator offering transportation
services to tourists.
6. Maharashtra
encourages responsible tourism through a code of conduct for visitors. This
includes guidelines on respecting local customs, minimizing environmental
impact, and promoting cultural sensitivity.
Conclusion:
Maharashtra’s commitment to
responsible tourism is reflected in its comprehensive legal framework. By
striking a balance between development and conservation, the state aims to
offer an enriching experience for tourists while preserving its unique cultural
and natural heritage. As travellers explore the diverse landscapes and cultural
treasures of Maharashtra, adherence to these laws ensures a harmonious
coexistence between tourism and the state’s inherent charm.
Bibliography:
Ø The
Constitution of India, 1950
Ø (2011)
6 SCC 161
Ø India
Tourism Statistics Reports on Ministry of Tourism(2000-2015)
Ø https://lawtimesjournal.in/need-of-tourism-laws-in-india
Ø Tourism
Policy of Maharashtra 2006