KASHMIR MOTOR BOAT ASSOCIATION Vs. STATE OF J&K

JUDGEMENT

(1.) J & K Registration of Tourist Trade Act, 1978 (for short ''Act of 1978'') came into force on 9th May, 1978. In the preamble of the Act of 1978, it is stated that same has been promulgated to provide for the registration of persons dealing with tourists and for matters connected therewith. Vide notification SRO 384 dated 10.07.1979, rules were notified which are called , (for short ''Rules of 1979''). Section 2(b) of the Act of 1979 defines ''boat'' to mean house-boat, doonga boat, shikara, motor boar, motor launch, paddle boat, sailing boat, canoc and bathing boat. Section 2 (c) defines ''certificate of registration'' to mean certificate issued under this act. Section 2(n) defines ''tourist area'' to mean any area notified by the Government in the Government Gazette to be tourist area for purposes of this Act. Part II of the Act of 1978 deals with the registration of dealers. Section 45 of Act of 1978 provides for fixation of rates for other services which includes boat as well. Rule 24 of the Rules of 1979 which is relevant for this case is reproduced as under:

(2.) The above said rule provides that every person whoever carries on in a tourist area the business of putting or plying for hire boats, taxi shikara boats, bathing boats, Tongas, Dandies, Ponies, Sledges, Motor Launches, Surf Rides, Water Skiing, etc. shall have to get himself registered for conducting such business. Sub Rule 2 of the said rule provides that an application for registration shall be submitted to the prescribed authority in Form XIV with a fee as prescribed in the said sub Rule.

(3.) Members of petitioner association claim to be providing the motor boat/motor launch service to the tourist/people and also claim to provide the facilities of surf riding and water skiing. The claim of the petitioner-association is that they have been undertaking these activities for years together and these services are being provided at Ghat Nehru Park.