Tourism Law: Importance, Types, List of Laws

The tourism sector is booming more than ever. The fact that the revenue travel and tourism market is anticipated to reach approximately US$ 854.80bn in 2023 contributes to the industry’s expansion. According to a Statista analysis, Revenue is anticipated to rise at a rate of 4.41% per year (CAGR 2023–2027), with a predicted market value of US$1,016.00 billion by 2027. There has always been a need to govern and monitor the patterns and execution of specific laws and regulations which keep things and stakeholders organized given the expanding demand for different parts of the tourism industry. You are on the right page if you are wondering what tourism law is all about. Continue reading to know more about it.

What is Tourism Law?

Tourism In simple terms, specific rules governing the travel and hospitality industries are referred to as tourism law. The tourism industry is dependent on several factors. The World Tourism Organization launched an information service on tourism legislation on its main website. By 1998, the document centre had amassed more than 2000 pieces of legislation governing the key sectors of travel and tourism in more than 140 nations.

Due to the diversity of tourism, there isn’t a single object that can be referred to as a tourist law. However, laws are often used in the tourism sector to control, authorize, encourage, empower, or outlaw the commercial and recreational activities of both visitors and service providers. Additionally, there are laws recognising the rights of tourists as well as contract laws governing the relationships across industry sectors. 

According to Ronaldo A. Kaiser (Travel and Tourism Law, 1994), tourism laws create and define seven basic concepts:

1. Travel is a legal right.
2. Safe and adequate accommodations must await the traveller.
3. Reliable and safe transportation must be readily available.
4. All travellers should have access to such accommodations.
5. Travel and accommodation costs must be reasonable
6. Regulation of the travel and tourism industry is necessary, and 
7. A redressal mechanism for transgressions of rights and regulations is necessary.

What should all be included by the tourism legislation on the bucket list is the primary issue that arises. In general, tourist law would aim to clearly and unambiguously define the duties and obligations of the various tourism-related sectors towards both the customer and the service providers. The following functional areas can be used to categorize the numerous tourism laws that have been developed or introduced around the world:

• Those related to the protection of tourists
• Those related to border controls,
• Those related to quality services
• Those related to the protection of the environment
• Those related to the conservation of historical sites and monuments
• Those related to economic development
• Those determine the relationship between various segments of the tourism industry.

Nevertheless, more and more areas are being added, such as visitor safety, health and hygiene, and privacy protection, in addition to numerous environmental laws and regulations that have developed over time.

Why Do We Need a Tourism Law?

The growth of tourism as a significant industry has highlighted the necessity for a positive working relationship between travellers and service providers. Let’s understand why we need a tourism law.

The goal of travel legislation, according to the World Tourism Organization (UNWTO), is to provide a legal framework for the proper growth and administration of tourism-related activities. Ideally, this will contribute to the protection of cultural traditions as well as natural resources. Additionally, travel businesses and customers are given fundamental legal protection. However, there is a notable lack of enforcement of tourism legislation worldwide, hence, it is understandable that popular nations also struggle to monitor and enforce regulations designed to safeguard tourists.

List of Tourism Laws in India

Tourist laws currently in effect are identical to those that are governed by Indian law and the judiciary. Numerous laws have an effect on or are associated with tourism, both directly and indirectly. 

The Indian government has not enacted any tourist legislation or any central tourism legislation. However, in 2002, the National Tourism Policy was formed for the growth and promotion of the tourism industry, and it incorporates fundamental principles for preserving the interests of travellers and tourism firms. But different regulations apply to different parts of tourism. They are listed below.

Environment-related 

• The Indian Forest Act
• The Wildlife Protection Act
• The Forest Act
• The Forest Conservation Act
• The Air Prevention and Control of Pollution Act
• The Environment Act
• The National Environment Tribunal Act
• Coastal Zone Regulations

Monuments

• The Ancient Monuments Act
• Regulations made by the Archaeological Survey of India
• Guidelines issued by the Ministry of Culture

Protection of Tourists and Health

• Indian Penal Code
• Consumer Protection Act
• Prevention of Food Adulteration Act

Business and Commerce Related

• The Partnership Act 1932
• Negotiable Instrument Act 1881
• Sales of Goods Act 1930
• Shops and Establishment Act (State Specific)
• Indian Contract Act, 1872
• Health Protection Act (No Smoking Laws) 1996

Related to Industries and Labour

• The Factories Act 1948
• Payment of Wages Act 1936
• The Minimum Wages Act of 1948
• Equal Remuneration Act of 1976
• Trade Union Act of 1948
• Industrial Dispute Act 1947

Social and Welfare Laws

• The Employees Provident Fund and Miscellaneous Provisions Act 1952
• Payment of Gratuity Act 1972
• Payment of Bonus Act 1966
• Employees State Insurance Act 1948
• Maternity Benefit Act 1961
• Workmen Compensation Act of 1923
• Apprentices Act 1961

Licenses Applicable in Hotel Liquor License Organizations

• Grant of Liquor License to Hotels/Restaurants/Clubs for Service Liquor
• Registration of Foreign License
• Foreign Exchange Regulation Acts 1973
• Lodging House License 
• Eating House License
• Fire and Safety License
• Swimming Pool License
• Public Amusement License
• Video Games Parlor License

Laws Related to Foreign Tourists

• Foreigner Act of 1946
• Passport Act of 1967

Laws Related to Transportation

• Laws Related to Transportation 
• MACT 1988
• Baggage Amendment Rules 2006
• Motor Vehicle Act of 1988
• Aircraft Act of 1934
• The Carriage by Air Act 1972

Criminal Activities Related Laws

• Indian Penal Code 1860 
• Criminal Procedure Code 1973
• Evidence Act 1872
• Narcotic Drugs and Psychotropic Substances Act 1985
• Indian Tobacco Control Act of 2003
• The Immoral Traffic (Prevention) Act, 1956

FAQs

Many enthusiastic adventurers and those who enjoy travelling and discovering the unexplored beauties of the globe are drawn to the tourism sector. Numerous laws and regulations cover tourism-related enterprises and activities in the majority of countries. There are many different kinds of tourism-related laws that have been passed in numerous nations, covering subjects like tourist protection, border controls, service standards, environmental protection, preservation of historical sites and monuments, regulations of the tourism industry, and the interaction between various travel and tourism industry segments. Follow Leverage Edu for more interesting blogs.