Tourism Authority Act

Rodrigues Regional Assembly (Tourism) Regulations 2007

[GN 3 of 2007 – 1 January 2008] [Section 129(3)]

[Section 31 of Rodrigues Regional Assembly Act and section 129(3) of Tourism
Authority Act]
ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

Regulation

1. Short title

2. Interpretation

PART II – TOURISM ADVISORY COMMITTEE

3. Composition of Tourism Advisory Committee

4. Functions of Committee

5. Meetings of Committee

PART III – LICENSING OF TOURIST ENTERPRISES

6. Licensing of tourist enterprise

7 Restriction on the issue of tourist enterprise licence

8. Duration of tourist enterprise licence

9. Renewal of tourist enterprise licence

10. Suspension of tourist enterprise licence

11. Variation or revocation of, or refusal to renew, tourist enterprise licence

12. Restriction on transfer of tourist enterprise licence

13. Production of tourist enterprise licence

14. Keeping of records

15. Standards and hours of business for tourist enterprise

16. Inspection and seizure

17. Operating tourist enterprise after suspension

18. Restriction on tourist enterprise description

19. Duplicate of licence

20. Obligation to furnish particulars

21. Restriction on number of licences

PART IV – MISCELLANEOUS

22. Obstructing authorised officer

23. Making false or misleading statement

24. Offences

25. Powers of Court

26. Travel information

27. Jurisdiction

28. Transitional provision

29.

30.

Rodrigues Regional Assembly (Tourism) Regulations 2007

[GN 3 of 2007 – 1 January 2008] [Section 129(3)]

[Section 31 of Rodrigues Regional Assembly Act and section 129(3) of Tourism
Authority Act]

PART I – PRELIMINARY

1. Short title

These regulations may be cited as the Rodrigues Regional Assembly (Tourism) Regulations 2007.

2. Interpretation

In these regulations –

"authorised officer" means –

(a) the Departmental Head or an employee of the Commission to whom the Departmental Head has delegated his powers;

(b) a public officer authorised in writing for the purposes of these regulations, by the Departmental Head; or

(c) a police officer;

"business name" means the name or style under which a business is carried out;

"chambre d'hôte" means any premises as defined in section 1(C) in the First Schedule;

"Commission" means the Commission for Tourism of the Rodrigues Regional Assembly;

"Commissioner" means the Commissioner to whom responsibility for the subject of tourism is assigned;

"Committee" means the Tourism Advisory Committee referred to in regulation 3;

"Court" means the Court of Rodrigues;

"Departmental Head" means the Departmental Head of the Commission;

"gîte" means any premises as defined in section 1(B) in the First Schedule;

"guest" means a person who is provided services in a tourist enterprise;

"guest house" means any premises as defined in section 1(D) in the First Schedule;

"hotel" means any premises as defined in section 1(A) in the First Schedule;

"licensee" means the holder of a licence under these regulations;

"table d'hôte" means any premises as defined in section 1(F) in the First Schedule;

"tour operator" –

(a) means any person who, in respect of tourists and other persons, arranges for, advises on, or undertakes to provide –

 (i) travel arrangements in respect of inland travel;

 (ii) accommodation;

 (iii) organised excursions; or

 (iv) such other facilities relating to the tourism industry as may be prescribed; but

(b) but does not include a person who –

 (i) holds a taxi licence issued under the Road Traffic Act;

 (ii) a pleasure craft licence;

"tourist" means any person who, away from his country, including from mainland Mauritius, travels within Rodrigues for a period of less than 12 months and who visits or intends to visit any place, and includes such class of persons as may be prescribed;

"tourist enterprise" means an establishment or activity specified in the Second Schedule, which is run or carried on for the purpose of providing services or goods to tourists for reward, whether monetary or otherwise;

"tourist enterprise licence" means a licence issued or renewed under regulation 6;

"tourist guide" means any person, issued with a certificate for that purpose by the Commission, who accompanies a tourist in or around Rodrigues, its surrounding islands, and high seas, and who furnishes to him information or comments with regard to any matter of historical, archaeological, botanical, ethnological, cultural, social or other interest;

"tourist residence" means any premises as defined in section 1(E) in the First Schedule;

"travel agent" –

(a) means a person who –

 (i) sells airline or railway tickets or such other travel documents entitling a person to travel abroad or to Rodrigues, or otherwise arranges for a person's rights of passage on any conveyance abroad or to Rodrigues; or

 (ii) sells to, or arranges or makes available for, a person's rights of passage to, a hotel or other accommodation at, one or more places, being places within or outside Rodrigues; but

(b) does not include an airline company not engaged in the direct sale of tickets to the public.

PART II – TOURISM ADVISORY COMMITTEE

3. Composition of Tourism Advisory Committee

There shall be a Tourism Advisory Committee which shall consist of –

(a) the Departmental Head as Chairperson;

(b) 6 other persons, having wide experience in the tourism industry and related matters, to be appointed by the Commissioner.

4. Functions of Committee

The Committee shall –

(a) advise the Commissioner on the formulation of policies for the sustainable development of tourism in Rodrigues;

(b) make recommendations to the Commissioner on matters relating to tourism promotion and development;

(c) advise the Commissioner on standards for carrying out operations for tourist enterprises; and

(d) advise the Commissioner on the structure of tourist enterprise licence fees for the tourism industry.

5. Meetings of Committee

(1) The Committee shall meet as often as it is necessary and at such time and place as the Chairperson may determine.

(2) At any meeting of the Committee, 3 members, including the Chairperson shall constitute a quorum.

(3) The Committee shall regulate its meetings and proceedings in such manner as it may determine.

(4) The Committee may co-opt such other person as may be of assistance in relation to any matter before the Committee. The co-opted person shall have no right to vote on any matter before the Committee.

PART III – LICENSING OF TOURIST ENTERPRISES

6. Licensing of tourist enterprise

(1) Subject to paragraph (2), no person shall run or carry on a tourist enterprise unless he holds a tourist enterprise licence.

(2) No tourist enterprise licence shall be required where the person who uses a pleasure craft for commercial purposes is the holder of a pleasure craft licence in respect of that pleasure craft.

(3) Any person who wishes to obtain, renew or vary the terms of, a tourist enterprise licence shall make a written application to the Commission for Licensing in such form and manner as may be approved by the Commission and upon payment of the prescribed fee.

(4) On receipt of an application under paragraph (3), the Commission may –

 (a) inspect any installation, premises or facility relating to the application;

 (b) require the applicant to furnish any additional information that it considers relevant.

(5) The Commission shall, after receipt of any additional information and after any inspection, issue a letter of intent upon payment of the prescribed fee, setting out the conditions upon which a tourist enterprise licence shall be issued to the applicant.

(6) The Commission for Licensing shall issue a tourist enterprise licence to the applicant where all the conditions specified in the letter of intent have been complied with and subject to –

 (a) the payment of the prescribed fee; and

 (b) such terms and conditions as the Commission may impose.

(7) Where the Commission agrees to renew, or vary the terms of, the tourist enterprise licence, it may do so on such terms and conditions as it may impose and on payment of such fee as may be prescribed.

(8) Any person who contravenes paragraph (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding one year.

(9) In the case of a second or subsequent conviction, the offender under paragraph (8) shall be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.

7. Restriction on the issue of tourist enterprise licence

No tourist enterprise licence shall be issued to a person or legal entity who –

(a) (i) has, within the 3 years preceding the date of application, been convicted of any offence involving fraud or dishonesty;

 (ii) is a body corporate of which any director or majority shareholder has been so convicted; or

 (iii) is a société of which a partner holding a majority of shares has been so convicted;

(b) was, within the one year preceding the date of application, the holder of a tourist enterprise licence which has been revoked by the Commission;

(c) proposes to carry on or operate a tourist enterprise under a business name or trade name which –

 (i) by its nature, or use of it, is contrary to public order or morality;

 (ii) is likely to deceive any person as to the nature of the enterprise;

 (iii) is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in Rodrigues for identical or similar services of another tourist enterprise.

8. Duration of tourist enterprise licence

A tourist enterprise licence issued shall be valid for –

(a) 12 months as from the date of issue; or

(b) such shorter period as may be determined by the Commission.

9. Renewal of tourist enterprise licence

(1) An application for renewal of a tourist enterprise licence shall be made by the licensee within 3 months before the date of expiry of the licence.

(2) Where an application for renewal is made after expiry of the licence but within a delay of 30 days, the Commission may renew the licence upon payment by the licensee of a surcharge of 10 per cent in addition to the renewal fee.

(3) A licence shall lapse if an application for its renewal is made after 30 days from the date of its expiry.

10. Suspension of tourist enterprise licence

(1) Where the Commission considers that the revocation of a tourist enterprise licence is not appropriate, it may –

 (a) suspend the licence for such period as it may determine; and

 (b) direct the licensee to take such corrective measures within such time limit as the Commission may specify.

(2) Where the licensee complies with a direction issued under paragraph
(1)(b), the Commission shall restore the licence.

(3) Where the licensee fails to comply with the direction, the Commission may revoke the licence.

(4) Notwithstanding paragraphs (1), (2) and (3), the Commission may, pending proceedings for a revocation of a licence, suspend the licence forthwith where, in the interest of the public, it is urgent that the licensee immediately ceases to carry on or operate the tourist enterprise.

11. Variation or revocation of, or refusal to renew, tourist enterprise licence

(1) The Commission may vary, revoke, or refuse to renew a tourist enterprise licence where –

 (a) any information given to it by the licensee for the purpose of obtaining the issue of the licence is false in any material particular;

 (b) the licensee, without lawful excuse, fails to –

  (i) comply with a requirement of these regulations, or any standard, conditions, guideline or code of practice issued by the Commission or any direction issued under these regulations; or

  (ii) pay any fee or charge levied in accordance with these regulations;

 (c) the licensee is convicted of an offence under these regulations;

 (d) the licensee has acted in a dishonourable, improper, fraudulent,
dishonest, or disorderly manner, or is engaging in a violent conduct on the premises to which the licence relates;

 (e) the licensee ceases to occupy or manage the premises to which the licence relates;

 (f) the premises to which the licence relates cease to be suitable for the purpose for which it was licensed;

 (g) in the case of a body corporate, any director or majority shareholder has been convicted of an offence involving fraud or dishonesty;

 (h) in the case of a société

, a majority partner has been convicted of an offence involving fraud or dishonesty;

 (i) where by reason of the assignment, sale, transfer or disposal of any interest or share in a company or a société, there is a change in the control of that company or société;

 (j) any of the grounds specified under regulation 7(c) is present; or

 (k) it is in the public interest to so vary, revoke, or refuse to renew the licence.

(2) Where the Commission has reasonable grounds to suspect that any licensee has transferred or assigned his licence or is only nominally the licensee, the Commission may refuse to renew or may revoke the licence.

(3) Before varying, revoking or refusing to renew a licence, the Commission shall, by notice in writing require, within such reasonable time as it may deem fit, the licensee to show cause why his licence must not be varied or revoked or must be renewed.

(4) Where the Commission varies or revokes a licence, no refund of licence fee shall be made, nor any compensation paid in respect of the unexpired portion of the licence.

12. Restriction on transfer of tourist enterprise licence

(1) Except with the written authorisation of the Commission, no holder of a tourist enterprise licence shall assign or transfer his licence.

(2) Where the holder of a tourist enterprise licence, being a natural person, dies or becomes incapacitated or insane, his widow, heir or representative, as the case may be, may with the consent of the Commission, carry on his business for the unexpired portion of the licence, either personally or by an agent approved by the Commission, and that person shall comply with all the conditions specified in the licence and with these regulations.

(3) Any person who contravenes this regulation shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees.

13. Production of tourist enterprise licence

(1) Any person or legal entity who carries on or operates a tourist enterprise shall, as appropriate –

 (a) affix the tourist enterprise licence in a conspicuous place on the premises where the profession, trade or activity is carried out;

 (b) at the request of an authorised officer, produce his tourist enterprise licence or a copy thereof to that officer.

(2) Where the licensee fails to affix the tourist enterprise license where the profession, trade or activity is carried out or fails to produce his tourist enterprise licence or a copy thereof following the request made under paragraph (1)(b), the authorised officer may require him to produce his tourist enterprise licence within 5 days at the office of the Commission.

(3) Where the licensee fails to comply with a requirement made under paragraph (2), he shall commit an offence and shall, on conviction, be liable to pay a fine not exceeding 1,000 rupees.

14. Keeping of records

(1) Every holder of a tourist enterprise licence shall keep in the course of his business a true written or printed record in the English or French language, of every transaction he makes.

(2) Every record under paragraph (1) shall be kept for a period of at least 5 years after the completion of the transaction to which it relates.

(3) Any person who contravenes this regulation shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees.

15. Standards and hours of business for tourist enterprise

(1) The norms and standards to be met by tourist accommodations shall be as specified in the First Schedule.

(2) Where the Commissioner has reasonable grounds to believe that it is necessary in the interest of the tourism industry to amend certain standards for tourist enterprises and accommodations, and the hours of business, he may set up and amend such conditions.

16. Inspection and seizure

(1) Subject to paragraph (2), any authorised officer may, where he has reasonable grounds to believe that any place, other than a dwelling house, is being used as, or for, a tourist enterprise in contravention of these regulations, enter with such assistance and by such force as is necessary, search the place.

(2) A Magistrate may, on oath or solemn affirmation of an authorised officer, that there are reasonable grounds to believe that a dwelling house is being used as, or for, a tourist enterprise in contravention of these regulations, issue a warrant to that authorised officer to enter with such assistance and by such force as is necessary, to search the place.

(3) Where an inspection is carried out under paragraph (1), the authorised officer may –

 (a) require the licensee, his employee or agent or, the person in charge of the premises to –

  (i) produce any document or record kept by him in connection with the tourist enterprise;

  (ii) give him all reasonable assistance and provide all information for the purposes of the inspection;

 (b) remove any document, record or articles reasonably suspected to have been used, or intended to be used, in connection with the tourist enterprise or make copies or extracts from such document or record.

(4) Where a document or record is removed under paragraph (3)(b), the authorised officer shall give to the licensee, or any person in charge of the business premises, a receipt signed by him giving particulars of the documents or records removed.

17. Operating tourist enterprise after suspension

(1) Any person who carries on or operates a tourist enterprise under a suspended licence shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding one year.

(2) In the case of a second or subsequent conviction, the offender under paragraph (1) shall be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.

18. Restriction on tourist enterprise description

(1) No person shall –

 (a) describe or permit any person to describe any premises;

 (b) hold out, or permit any person to hold out any premises,

as a tourist enterprise unless there is in respect of such premises a tourist enterprise licence.

(2) No person shall use any word together with the business name of his tourist enterprise which is likely –

 (a) to mislead consumers as to the true business activities of the tourist enterprise;

 (b) to be deceptive.

(3) No person shall carry on a business under a business name which includes the words aparthotel, auberge, B&B, bed and breakfast, big game fishing, boarding house, campment, café, cafeteria, car rental, chambre d'hote, cottage, cruise, diving, ecotourism, excursion, food & beverage outlet, gîtes, guesthouse, guide, holiday, hébergement, hostel, hotel, horse riding, inn, karting, lodge, marche sous l'eau, motel, pensionnat, parasailing, pension de famille, pub, residence, resort, resto, Rodrigues, scuba diving, spa, table d'hôte, tour, tourist, travel, undersea walk, tourist residence, pêche aux gros and villa unless he holds a tourist enterprise licence.

(4) Any person who contravenes paragraph (1), (2) or (3) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees.

19. Duplicate of licence

(1) Where a licence is lost, defaced or rendered illegible, the Commission may issue a duplicate licence on payment of the prescribed fee.

(2) Where a licence which has been lost is subsequently found, the licensee shall forthwith –

 (a) inform the Commission that the lost licence has been found; and

 (b) surrender any duplicate licence issued to the Commission.

(3) Any person who –

 (a) knowingly retains a duplicate licence in contravention of paragraph (2); or

 (b) without sufficient excuse, has in his possession an original licence and its duplicate at the same time,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees.

20. Obligation to furnish particulars

(1) Every licensee shall, when so required by the Departmental Head, within such time as may be fixed by him, give in writing such information, other than information privileged under any enactment, relating to his business as may be requested by him.

(2) Any person who, without lawful excuse, fails to comply with a requirement made by the Departmental Head under paragraph (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees.

21. Restriction on number of licences

Where the Commissioner has reasonable grounds to believe that it is necessary in the public interest or public security to restrict the number of tourist enterprise licences for any particular tourist enterprise, he may direct the Departmental Head to limit the number of licences that may be issued.

PART IV – MISCELLANEOUS

22. Obstructing authorised officer

Any person who in relation to the exercise of powers conferred on an authorised officer –

(a) refuses to allow that officer to enter any premises in pursuance of these regulations;

(b) obstructs or impedes that officer in the exercise of any of his powers;

(c) fails to provide assistance or information requested by that officer;

(d) gives to that officer any information which is false or misleading,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 6 months.

23. Making false or misleading statement

Any person who, in relation to an application for the grant of, or the renewal of a tourist enterprise licence, makes a statement or provide any information which he knows to be false or misleading shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 6 months.

24. Offences

(1) Any person who –

 (a) fails to comply with any condition of his licence;

 (b) fails to comply with any rule, condition, standard, guideline or Code of Practice, issued by the Commission;

 (c) carries on his business or operates a tourist enterprise in a manner contrary to the interests of public health, public order or public safety;

 (d) contravenes these regulations,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 6 months.

(2) Section 153 of the Criminal Procedure Act shall not apply to a conviction for an offence under these regulations.

(3) There shall be an authorised officer for the purposes of prosecuting all offenders in penal matters under these regulations.

25. Powers of Court

(1) The Court may, after hearing all parties concerned, by way of affidavit, and their respective counsel, order the closing of any tourist enterprise which is carried on or operated on premises in respect of which no tourist enterprise licence has been obtained, or on which there has been a contravention of the conditions of a licence or of any prescribed condition, or on which the business of a licensee has been conducted so as to be a danger to public order or public safety.

(2) Any person aggrieved by a decision of the Commission under regulations 7, 10(3), 10(4) and 11 except regulation 11(3), may within 30 days of the reception in writing, to him of such decision, appeal to the Court.

(3) The Court shall hear the matter as specified in paragraph (1).

(4) The Court, upon application of the aggrieved party, may suspend the decision of the Commission until it takes a decision.

26. Travel information

(1) For the purpose of collecting tourism information for Rodrigues, the Passport and Immigration Officer at Plaine Corail Airport and Port Mathurin sea port may require any such person to fill in such passenger information sheet as may be decided by the Commissioner.

(2) The passenger information sheet shall ask for details about the passenger, including name, date and country of birth, nationality, occupation, permanent address, national identity card number, passport number, purpose of visit in Rodrigues and place of accommodation during stay in Rodrigues.

(3) Any person who wilfully and knowingly –

 (a) fails to comply with paragraph (1) above;

 (b) gives information which he knows to be false,

shall commit an offence and may be arrested until his identity is ascertained and, on conviction, shall be liable to a fine not exceeding 10,000 rupees.

27. Jurisdiction

Notwithstanding –

(a) section 114(2) of the Courts Act; and

(b) section 72(5) of the District and Intermediate Courts (Criminal Jurisdiction) Act,

a Magistrate shall have jurisdiction to try any offence under these regulations and may impose any penalty provided by these regulations.

28. - 30. 

____________________

FIRST SCHEDULE

[Regulations 2 and 15]

1. Definition and Guidelines for Tourist Accommodations

(1) Hotel

A "hotel" means any premises where –

(a) lodging and sleeping facilities;

(b) ancillary services and amenities; and

(c) breakfast, meals and refreshments at reasonable hours,

are provided against payment.

A hotel shall ensure that all the following guidelines are adhered to –

(a)General guidelines –

 Location and building, entrance and reception area, lounge, dining, bedroom, bathroom, toilet and kitchen.

(b)Operational guidelines –

 Garbage and pest control, house keeping and general storage, operating hours, safety and security, water and waste water, staff, finances/ accounts and insurance.

(2)Gîte

A "gîte" means premises which shall comprise of a maximum of 4 independent buildings each having up to 4 bedrooms, a living room, a dining room, a kitchen, bathroom and toilet located within a radius of 100 metres from the owner's residence provided for against payment and where personalised relationship with guests are ensured by the owner. A gîte shall ensure that all the following guidelines are adhered to –

(a) General guidelines –

 Location and building, entrance and reception area, lounge, dining, bedroom, bathroom and toilet and kitchen.

(b) Operational guidelines –

 Garbage and pest control, house keeping and general storage, operating hours, safety and security, water and waste water, staff, finances/accounts and insurance.

(3) Chambre d'hôte

A "chambre d'hôte" means a special room (to a maximum of 4) for guests on a nightly basis with board and lodging in the house of the owner provided for against payment. A chambre d'hôte shall ensure that all the following guidelines are adhered to –

(a) General guidelines –

 Location and building, entrance and reception area, lounge, dining, bedroom, bathroom and toilet and kitchen.

(b) Operational guidelines –

 Garbage and pest control, house keeping and general storage, operating hours, safety and security, water and waste water, staff, finances/accounts and insurance.

(4) Guest House

A "guest house" means any premises where lodging and sleeping facilities, and breakfast, are provided against payment. A guest house shall ensure that all the following guidelines are adhered to –

(a) General guidelines –

 Location and building, dining, bedroom, bathroom and toilet and kitchen.

(b) Operational guidelines –

 Garbage and pest control, housekeeping and general storage, operating hours, safety and security, water and waste water, staff, finances/ accounts and insurance.

(5) Tourist Residence

A "tourist residence" means any premises, other than a hotel or a guest house, which offers sleeping accommodation to tourists, with or without meals, for a fee. A tourist residence shall ensure that all the following guidelines are adhered to –

(a) General guidelines –

 Location and building, dining, bedroom, bathroom and toilet and kitchen.

(b) Operational guidelines –

 Garbage and pest control, house keeping and general storage, water and waste water, finances/accounts and insurance.

(6) Table d'hôte

A "table d'hôte" means part of a dwelling house which is used to provide primarily local cuisine, refreshments and drinks, against payment of a fee and shall include a premises where there is a designated space to receive guests in the house of the owner, operating in the rural areas and for which the number of guests shall not exceed 15 persons for the purpose of favouring good and personalised relationships and where the owner shall share the meal with the guests. A "table d'hôte" shall ensure that all the following guidelines are adhered to –

(a) General guidelines –

 Location and building, dining, bathroom and toilet.

(b) Operational guidelines –

 Insurance, water and waste water.

2. GENERAL GUIDELINES

1. Location and Building

The building shall be architect designed and easily accessible. Its architectural concept, designs, forms and use of material shall convey the local character. It shall be so designed as to fully integrate and fit in with the natural surroundings. It shall be kept clean, well maintained and painted and shall feature a good standard of interior decoration. It shall provide comfort and s

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