Hospitality law for Masters. #RTMNU SYLLABUS COVERED #MASTERS IN HOSPITALITY MANAGEMENT #HOTEL LAWS #HOTEL LICENSES #TOURISM LAWS

2. LAWS REALATING TO PASSENGER SAFETY, CONVENIENCE
AND COMPENSATION DURING AIR TRAVEL
• Directorate General of Civil Aviation is responsible for the regulation of air transport services and safety. Its main
objective is to promote safe and efficient air services. It also coordinates with the International Civil Aviation
Organization. Ministry of Civil Aviation (MoCA) is responsible for formulating national policies and programmes for
the development and regulation of the civil aviation sector in India.
• Delays:
In the event of flight delays or cancellations, the operating airline will not be obliged to pay compensation if these
were caused by an event(s) of force majeure – that is, extraordinary circumstance(s) beyond the control of the airline
whose impact led to the cancellation or delay of flight(s), and which could not have been avoided even if all
reasonable measures had been taken by the airline. Such extraordinary circumstances may, in particular, occur due to:
political instability; natural disasters; civil war, insurrection or riot; flood; explosion; government regulation or order
affecting the aircraft; strikes or labour disputes causing cessation, slowdown or interruption of work; or
any other factors that are beyond the control of the airline.

4. • CANCELLATIONS :
In case of flight cancellation, the airline must inform the passenger of the cancellation at least two weeks before the
scheduled time of departure and arrange an alternative flight/refund as acceptable to the passenger.
If the passenger has not been informed as per the above timeline or misses a connecting flight booked on the same
ticket number of an airline, the airline must provide either an alternative flight as acceptable to the passenger or
compensation, in addition to a full refund of the air ticket in accordance with the following scenarios

5. • OVERBOOKING :
An airline must first ask for volunteers to give up their seats so as to make seats available for other booked
passengers to travel on the flight, in exchange for such benefits/facilities as the airline, at its own discretion, may wish
wish to offer. However, if boarding is denied against the will of a passenger, the following scenarios may arise.

6. • BAGGAGE DELAYED, LOST, OR DAMAGED:
• How are consumer complaints in relation to aviation services handled ?
The DGCA has set up the Air Sewa web portal/mobile application to deal with passenger complaints pertaining
to airline operators. This platform provides a facilitation platform for passengers to file complaints with their
respective airline. The Consumer Protection Act 2019 also provides an additional remedy for passengers to claim
compensation for any deficiency in service by the airlines.

7. • FACILITIES
 Every airport must have the following medical facilities at the airport: A Medical doctor is available at every hour
in the airport which is operational, Ambulance, medical support which includes oxygen cylinders and
defibrillators, medical personnel who have medical expertise, and are trained, and also Standard Operating
Procedures for medical emergencies for both inward and outward travelers
 Airports must also have meet-and-greet facilities for all travelers.
 They must also ensure that there are toilets outside takeoff and arrival terminals
 Airlines must provide a minimum of one Helpdesk for passengers.
 Airports must ensure reasonable Food & Beverage outlets.
 https://www.civilaviation.gov.in/sites/default/files/Passenger%20Charter%20MoCA%20India%20Feb%202019.pdf

8. What key safety requirements apply to operators ?
• The Directorate General of Civil Aviation (DGCA) regulates the safety requirements observed by operators in India.
These are in line with the International Civil Aviation Organization guidelines on safety and standards and
recommended practices.
• The Aircraft Rules in Part II (General Conditions of Flying), Part III (General Safety Conditions) and Part IV
(Airworthiness), detail the various safety requirements to be observed by operators. The operator must, among
other things, apply for a certificate of airworthiness (CoA) from the DGCA prior to flying the aircraft.
• The CoA is issued once the DGCA confirms that the aircraft:
conforms to the safety standards;
is safe to operate; and
meets the minimum requirements with respect to engineering, inspection and maintenance.

9. • Various laws applicable in India
Aviation law in India is governed by several laws and regulations designed to ensure the safe and efficient
operation of aircraft and airports. Some of the key aviation laws applicable in India include:
• THE AIRCRAFT ACT, 1934:
This act lays down the basic framework for the regulation of civil aviation in India. It covers issues such as the
registration of aircraft, the licensing of pilots, and the regulation of air traffic control and navigation.
• THE CARRIAGE BY AIR ACT, 1972:
This act governs the rights and liabilities of passengers, air carriers, and other parties in relation to air carriage.
It also lays down the rules for the investigation of accidents and incidents involving civil aircraft.
• THE AIRPORTS AUTHORITY OF INDIA ACT, 1994:
This act establishes the Airports Authority of India (AAI) as the regulatory body for the management and
development of airports in India.
The Directorate General of Civil Aviation Act, 2011: This act establishes the Directorate General of Civil Aviation
(DGCA) as the regulatory body for the oversight and regulation of civil aviation in India.

10. • THE AIRCRAFT ACCIDENTS INVESTIGATION BUREAU (AAIB) ACT, 2017:
This act establishes the Aircraft Accidents Investigation Bureau (AAIB) as the regulatory body for the
investigation and determination of liability in the event of an accident or incident involving civil aircraft in India.
• THE AIR TRANSPORT AGREEMENT ACT, 2020:
This act provides for the regulation and development of air transport services in India, promoting safety, security
and economic growth of the Indian aviation industry.

11.  The Ancient Monuments and Archaeological Sites and Remains Act is an act of the Parliament of
India that provides for the preservation of ancient and historical monuments and archaeological
sites and remains of national importance, for the regulation of archaeological excavations and for
the protection of sculptures, carvings and other like objects.
 It was passed in 1958.
 The Archaeological Survey of India (ASI) functions under the provisions of this act.
THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND
REMAINS ACT, 1958

12. • “prohibited area” means any area specified or declared to be a prohibited area under section 20A;]
• “protected area” means any archaeological site and remains which is declared to be of national
importance by or under this Act;
• “protected monument” means an ancient monument which is declared to be of national importance
by or under this Act
• “regulated area” means any area specified or declared under section 20B;
• SECTION 3. CERTAIN ANCIENT MONUMENTS, ETC., DEEMED TO BE OF NATIONAL IMPORTANCE.―
All ancient and historical monuments and all archaeological sites and remains which have been declared by the
Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act,
1951 (71 of 1951), or by section 126 of the States Reorganisation Act, 1956 (37 of 1956), to be of national
importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared
to be of national importance for the purposes of this Act.
• Central government can declare certain ancient monument to be national importance by notification in official
gadzet and by giving 2 months notice.

14. STEPS TAKEN BY GOVERNMENT FOR PROTECTION OF MONUMENTS
• Adopt Heritage Project:
It was launched in 2017 as a collaborative effort by the Ministry of Tourism, Ministry of Culture and
Archaeological Survey of India (ASI), State/UTs Governments.
It envisages the development and maintenance of tourist amenities at heritage sites and makes them tourist-
friendly.
• HRIDAY Scheme:
The Ministry of Urban Development, Government of India, launched the Heritage City Development and
Augmentation Yojana (HRIDAY) scheme, with a focus on the holistic development of heritage cities.
The scheme aims to preserve and revitalise the soul of the heritage city to reflect the city’s unique
character by encouraging an aesthetically appealing, accessible, informative & secured environment.
• Archaeological Survey of India (ASI):It is an attached office under the Department of Culture, Ministry of Tourism
and Culture is the premier organization for the archaeological research and protection of the cultural heritage of
the nation.
It regulates all archaeological activities in the country as per the provisions of the Ancient Monuments and
Archaeological Sites and Remains Act, 1958.

15. THE FOREIGNERS ACT, 1946
• This act provides for the definition of the term ‘Foreigner’ as a person who is not a citizen of India.
• This act regulates and restricts the entry and departure of foreigners. An Act to confer upon the Central
Government certain powers in respect of foreigners. Central Government has powers in
respect of the entry of foreigners into India, their presence therein and their departure therefrom.
• This act imposes certain obligations on the master of any vessel and the pilot of any aircraft landing or
embarking at any port or airport respectively to furnish the information regarding any passengers or members
of the crew who are foreigners to any district magistrate, and or any Commissioner of Police as and when
required
• SECTION 7 - OBLIGATION OF HOTEL KEEPERS AND OTHERS TO FURNISH PARTICULARS
• This section requires a keeper of any premises “to submit to such person and in such manner such information
in respect of foreigners accommodated in such premises, as may be prescribed”. The keeper of every such
premise shall maintain a record of the information furnished by him/her and this shall be available at all
times to inspection by any police officer or by a person authorised by the District Magistrate.

16. • When a nationality of any person is in question, the power to decide in such a situation is with Central
Government according to this Act
• This act provides for penalty for contravention of provisions of this act. Whoever remains in any area in India[8]
for a period exceeding the period for which the visa was issued to him/her or whoever does any act in violation
of the conditions of the valid visa[9] issued to him/her shall be punished with imprisonment for a term which
may extend to five years and shall also be liable to fine
• It imposes a penalty on foreigners for using a forged passport. This is punishable with imprisonment for a term
of two years and may extend to eight years and shall also be liable to fine amounting to ten thousand rupees
and may extend to fifty thousand rupees.
• According to this Act, a foreigner who was in India when the act came into force, and while still remaining in
the territory of India, cannot change his/her name from the one he/she was earlier known from.
• Bare act overlook

17. WILD LIFE (PROTECTION) ACT, OF 1972
• The Wild Life (Protection) Act, of 1972 provides a legal framework for the protection of various species of wild
animals and plants, management of their habitats, regulation, and control of trade in wild animals, plants, and
products made from them
• OBJECTIVES OF THE WILDLIFE PROTECTION ACT 1972:
 to prohibit the hunting of wild animals, various species of birds etc.
 To provide shelter and protect the animals which are not in danger but need protection and security.
 To help the state government and central government to declare any area as sanctuaries or national parks.
 To establish wildlife advisory boards, wildlife warden and to appoint the members with their duties and power
 To provide protection even for some endangered plants.
 To impose a ban on trade and commerce of certain protected species.
 To maintain the diversity of flora and fauna of the country and also to maintain a healthy ecological balance.

18. • The Wildlife Protection Act mandates the prohibition of hunting wild animals in general, while the hunting of
wild animals would be permitted in certain cases for the purpose of education and scientific research.
• The Act also prohibits picking, uprooting, etc., of a specified plant species.
• The Act prohibits the trade in trophies, animals, and animal articles from certain animals.
• Its provisions paved the way for the formation of the Central Zoo Authority. This is the central body responsible
for the oversight of zoos in India. It was established in 1992.
• The Act created six schedules which gave varying degrees of protection to classes of flora and fauna.
• Wildlife Act doesn’t allow any commercial exploitation of forest produce in both wildlife sanctuaries and
parks, and local communities are allowed to collect forest produce only for their bona fide requirements.

19. Establishment of Protected Areas: The act empowers the government to declare areas as any one of the
following protected areas:

21. • BODIES ESTABLISHED UNDER THE WILDLIFE PROTECTION ACT, 1972
 State Wildlife Advisory Boards: Each state in India has its own State Wildlife Advisory Board, which advises the
state government on matters related to wildlife conservation, protected areas, and management of wildlife
habitats within the state.
 National Board for Wildlife (NBWL): Established under Section 5A of the Wildlife Protection Act, the NBWL is a
statutory body chaired by the Prime Minister of India. It advises the Central Government on policies and
measures for wildlife conservation and the development of protected areas. The board also grants permissions
for activities in and around protected areas, ensuring a balance between developmental needs and wildlife
conservation.
 Wildlife Crime Control Bureau (WCCB): This specialized law enforcement agency focuses on combating
crimes and illegal wildlife trade. Established in 2006, the Wildlife Crime Control Bureau serves as a statutory
body between different enforcement agencies, working together to investigate and prevent offences related to
wildlife.
 Wildlife Wardens: Under the Wildlife Protection Act, each state appoints Wildlife Wardens responsible for
administrating and enforcing the act within their respective jurisdictions. They play a crucial role in protecting
wildlife and their habitats.

22. ENVIRONMENT (PROTECTION) ACT, 1986
• It was enacted with the main objective to provide the protection and improvement of the environment and for
matters connected therewith.
• Promotes sustainable environmental development
• The Central Government has the power to take any such measures to safeguard and improve the environment in
coordination with the State government.
• The Central Government or any other person duly authorized is authorized to collect the samples of air, water,
soil, or other substances as proof of the offences under the Environment (Protection) Act, 1986
• Emission standards and guidelines for discharging environmental pollutants can be laid down.
• Establishment of Environmental Laboratories.
• The main task is to enact general laws for environmental protection, which could be unfolded in areas of severe
environmental hazards.
• Providing deterrent punishment to those who inculcate in endangering the human environment, safety and
health.

23. • It creates and implements a national program for preventing, reducing, and controlling environmental pollution.
• It sets criteria for the environment’s quality in all of its manifestations.
• It sets regulations for the emission or discharge of contaminants into the environment from different sources.
• All industries and organizations have to comply with the prescribed standards of pollutants discharged. The
central government has the right to prohibit or regulate operations that are found non-compliant with standards
defined in the act.
• There are defined safeguards and procedures for handling hazardous substances that every individual and
organization should follow.
• An authorized representative of the central government can inspect plants and machinery to check the necessary
compliances with the guidelines mentioned in the act. He can record and prepare reports regarding any offensive
actions that are found punishable under the act.
• The punishment for breaking any rules as specified under the law, the punishment includes a prison term of up to
five years or a fine of up to Rs. 1 lakh, or both

24. Air (Prevention and Control of Pollution) Act, 1981
• law passed by the Parliament of India to prevent and control the harmful effects of air pollution in India. This act
is seen as the first concrete step taken by the government of India to combat air pollution.
• India itself had issues regarding air pollution due to a wide variety of factors such as stubble burning, improper
industrial practices, environmental factors etc. To combat these factors a special law was enacted under
the Constitution of India, which was the Air (Prevention and Control of Pollution) Act of 1981.
• Section 2 (a) defines ‘air pollutant’ as any solid, liquid or gaseous substance that may be harming or injuring the
environment, humans, other living creatures, plants or even property.
• Under Section 2 (g), the Central Pollution Control Board (CPCB) was established. It has jurisdiction over the entire
country. The Air Act also mandated the establishment of State Pollution Control Boards (SPCBs) for all Indian
states. The functions of these were to act as subsidiaries of CPCB and carry out its directives.

25. • It is mandated that the states impose emission standards for industries and automobiles after reviewing with the
central board and considering its air quality standards as per the AQI.
• As per the Air act, anyone who does not comply with the policies and regulations of the Central Pollution Control
Board can face a one-year prison sentence. This can be extended to 6 years with a fine. Additionally, a daily fee of
Rs. 5000 will be imposed if the rules are still not followed.
• The Board shall make efforts for the prevention, abatement and control of air pollution in the country and may
advise the Central Government on the same.
• It shall plan and implement a nationwide programme for the prevention, control and abatement of air pollution.
• It shall provide technical assistance to the Boards, carry out investigations and research relating to air pollution.
• It shall collect, compile and publish statistical data relating to air pollution and shall also prepare manuals, codes
or guides relating to measures to combat air pollution.
• The Board shall also set up a laboratory or multiple laboratories to enable the Board to perform its functions
effectively.

26. • It shall inspect and assess the air quality at designated air pollution control areas as it may think necessary.
• It shall lay down standards for the emission of air pollutants into the atmosphere from automobiles or industries,
or any other pollutant from any source.
• The State Boards shall also advise the State Government regarding the suitability of any location which is to be
used for setting up any industry, keeping in mind the air quality which would be impacted if that industry is set
up.

27. Water (Prevention and Control of Pollution) Act, 1974
• Section 2(e) pollution means any contamination of water or alteration of the physical, chemical and biological
properties of water or disposing of any sewage waste in water which is likely to cause nuisance or renders such
water to be harmful to public health or safety or to domestic, industrial or other legitimate use or harmful to the
life and health of the animals and aquatic plants.
• There are two agencies set up as per the Act for controlling and preventing water pollution.
1. Central Board- Central Pollution Control Board
2. State Board- State Pollution Control Board
• To provide for prevention, control and abatement of water pollution
• For maintenance or restoration of the wholesomeness of water.
• For the establishment of pollution control water boards.
• To assess pollution levels and punish polluters.

29. • ACCOMPANIED BAGGAGE :
When the passenger takes it or brings it with him, upon his departure or arrival in the country,
Travel in the same means of transport as the passenger
It is covered by the baggage vouchers that the carrier issues at the time of check-out or entry (checked baggage).
Accompanied Luggage also includes objects and articles that passengers carry or carry in their hands (hand
luggage).
• UNACCOMPANIED BAGGAGE :
When Luggage arrives or leaves before or after the passenger's departure or arrival date.
It belongs to a person who has actually traveled.
It has been embarked in the same country of origin of the passenger.
It has been dispatched or shipped in the country of origin by the passenger himself or on his behalf.
It is consigned to the passenger himself.

30. BAGGAGE RULES AT A GLANCE
Every passenger entering India has to pass through a Customs check. All passengers who have dutiable goods in
their possession or goods in excess of their eligible Duty Free allowance must fill up the Customs Declaration Card
clearly mentioning the quantity and value of goods that he has brought. On his/her arrival the passenger is first
cleared by Immigration Officer. Thereafter the passenger takes the delivery of his/her baggage from the conveyer
belts & passes through Customs. The passenger has the option of seeking clearance through the Green Channel or
through the Red Channel subject to the nature of goods being carried.
• GREEN AND RED CHANNELS
(i) Green Channel for passengers not having any dutiable or prohibited goods.
(ii) Red Channel for passengers having dutiable or prohibited goods.
• All the passengers who have prohibited or dutiable goods in their possession or goods in excess of their eligible
Duty Free allowance shall ensure to file correct declaration of their baggage.
• Passengers walking through the Green Channel with dutiable/prohibited goods are liable to prosecution/ penalty
and confiscation of goods.

31. • DUTY FREE ALLOWANCES AND ENTITLEMENTS
On arrival from countries other than Nepal, Bhutan or Myanmar
A. Indian Residents and foreigners residing in India:
(a) used personal effects and travel souvenirs;
(b) articles up to the value of Rs. 50,000 carried on person or accompanied baggage,
B. Tourist of Foreign Origin
(a) used personal effects and travel souvenirs
(b) articles up to the value of Rs. 15000 carried on the person or accompanied baggage.
• The goods over and above the free allowances shall be chargeable to customs duty @35% + education cess of
3%, i.e. the effective rate works out to be 36.05%.
• In case, the value of one item exceeds the duty free allowance; the duty shall be calculated only on the excess of
free allowance.
• Passengers normally resident of India who are returning from a visit abroad are allowed to bring in Indian
currency up to Rs. 25000.

32. • An Indian passenger who has been residing abroad for over one year is allowed to bring jewellery, free of duty in
his bonafide baggage up to 20 grams with a value cap of Rs. 50,000/- (in case of a gentleman passenger) or up
to 40 grams with a value cap of Rs. 1,00,000/- (in the case of a lady passenger).
• Alcoholic drinks and Tobacco products may be included for import within the duty free allowances admissible to
various categories of incoming passengers: -
Alcoholic liquor or Wine or beer up to 2 litres –
100 Cigarettes or 25 Cigars or 125 gms of Tobacco.
• Import of pets (dogs or cats) up to two numbers per passenger are allowed as baggage, only to persons
transferring their residence to India after two year of continuous stay abroad subject to production of required
health certificate from country of origin and examination of the said pets by the animal quarantine officer
without an import license issued by DGFT. Import of pets are allowed only at airports having animal quarantine
facility, viz. at Delhi, Mumbai, Kolkata, Chennai, Bangalore and Hyderabad.

33. • The passengers can also send their baggage through cargo which is treated as unaccompanied baggage.
However, no free allowance is admissible in case of unaccompanied baggage which is chargeable to Customs
duty @35% advalorem + 3% Education Cess and only used personal effects can be imported free of duty
• The unaccompanied baggage should be in the possession abroad of the passenger and shall be dispatched
within one month of his arrival in India or within such further period as the Deputy/ Assistant Commissioner of
Customs may allow.
• The unaccompanied baggage may land in India up to two months before the arrival of the passenger
• In case the baggage has been lost or mishandled by the Airlines, procedure is in place for clearance of such
baggage which allows the passenger to have delivery of his baggage at his door step by the Airlines.
• The passenger has to first 11 file a Property Irregularity Report (PIR) with the airlines for the missing baggage. At
the same time, he has to file a declaration indicating contents in the missing baggage. The passenger is required
to obtain a certificate to that effect from the airlines and get it countersigned by Customs indicating specifically
the unutilized portion of the free allowance. This would enable the passenger to avail the unutilized portion of
the duty free allowance when his baggage is delivered by the airlines. Finally, the passenger is required to submit
all these documents with the concerned airlines for clearance and delivery of goods on his behalf. The
examination of

34. • OUT GOING PASSENGERS
• All the passengers leaving India are subject to clearance by Custom Authorities. Only bonafide baggage is
allowed to be cleared by passengers. There is a procedure prescribed whereby the passengers leaving India can
take the Export Certificate for various high value items such as camera, video camera, as well as jewellery, from
the Customs authorities. Such an Export Certificate facilitates re-importation of such goods while bringing back
the things to India as no duty is charged. The advantage of having the Export Certificate is that the concessions
you are entitled to, when you return are not affected.
• Indian residents when they go abroad are allowed to take with them Indian currency notes not exceeding Rs.
25,000/.
• Tourists/NRIs while leaving India are allowed to take with them foreign currency not exceeding an amount
brought in by them i.e. unspent foreign exchange left from the amount declared in CDF at the time of their
arrival in India.

35. COMPENSATION IN CASE OF BAGGAGE LOSS
• You can claim damage from the airline only when the event which cause the loss, delay or damage took place on
board the aircraft or during any period within which the checked baggage was in the charge of the carrier.
• In the case of unchecked baggage, the carrier is liable if the damage has resulted from its fault or that of its agent.
• The liability of the carriers, in case of baggage loss/damage, is limited to a maximum of INR 25,000/- even if the
cost of the Complainant’s lost baggage exceeds the aforementioned maximum liability.

36. ANY QUESTIONS OR DOUBTS ?

37. Adv. Rushikesh R Maddalwar
+91 7507008447
rushikeshmaddalwar24@gmail.com
Faculty for Hospitality Law