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Hotel, Lodge, Restaurant, Bar and Tourist Guide Rules, 2038 (1981)

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Hotel, Lodge, Restaurant, Bar and Tourist Guide Rules, 2038 (1981)
Publication Date on Nepal Gazette
2038.5.29 (13 Sept. 1981)
By exercising the power conferred on it by Section 56 of the Tourism Act,
2035 (1978) Government of Nepal of Nepal has made the following Rules:

Chapter- 1

1. Short Title and Commencement:

(1) These Rules may be called the “Hotel, Lodge, Restaurant, Bar and Tourist Guide Rules, 2038 (1981)”.
(2) These Rules shall come in to force immediately.

2. Definition: Unless the subject or context otherwise requires, in these Rules,-
(a) “Act” means the Tourism Act, 2035(1978)
(b) “Department” means the Department of Tourism of Government of Nepal of Nepal.
(c) “Director General” means the Director General of the Department.

Chapter-2  Registration and Classification of the Hotel, Lodge, Restaurant and Bar

3. Registration of the Hotel, Lodge, Restaurant and Bar:

The person, interested to register own Hotel, Lodge, Restaurant and Bar having of tourist standard pursuant to sub-section (2) of Section 10 of the Act, shall submit an
application to the Department in the format mentioned in Schedule-1 including the application fee of Ten Rupees.

4. Classification of Hotels:

The Department may specify the Hotel, registered pursuant to Rule 3, any one classification as of General Tourist Standard Hotel or Tourist Resort or one star to five star as per the facilities of that Hotel.

5. Facilities in the Hotel:

(1) There shall be at least, the following facilities in the General Tourist Standard Hotel,-
(a) There shall be at least ten bedrooms and natural light and
(b) There shall be attached bathroom and toilet in Twenty Five percent room and for other rooms there shall be other necessary bathrooms and toilets in a one is to Four ratio of the rooms.
(c) There shall be arrangement of modern furniture and electricity in all rooms.
(d) All the rooms shall be decorated with reflecting the Nepalese art and culture.
(e) The material used in bathroom shall be better and standard and there shall be arrangement of enough hot and cold water.
(f) The reception counter shall be well decorated and there  shall be telephone as far as possible.
(g) Dinning hall and kitchen shall be neat and clean with necessary things.
(h) There shall be good arrangement for cloth washing.
(i) Most of the senior personnel shall be experienced and able to speak English.
(j) The dress of the worker shall be neat, clean and uniform.
(k) There shall be arrangement of fan or Heater according to season.
(l) There shall be arrangement of first aid and fire fighting equipment.(2) The tourist resort and the tourist standard from one star to five star hotel shall have the facilities as prescribed by the Government of Nepal by a Notification published in the Nepal Gazette after taking opinion of the
Standard Evaluation Committee constituted pursuant to Section 11 of the Act.

6. Facilities in the Lodge:

There shall be at least following facilities in the tourist
standard lodge,-
(a) There shall be at least Five bedrooms and natural light and air ventilation in each room.
(b) There shall be attached bathroom and toilet in Twenty Five percent room and for other rooms there shall be other necessary bathrooms and toilets in a one is to Four ratio of the rooms.
(c) There shall be arrangement of modern furniture and electricity in all  rooms.
(d) All the rooms shall be decorated with reflecting the Nepalese art and culture.
(e) The material used in bathroom shall be better and standard and there shall be arrangement of enough hot and cold water.
(f) The reception counter shall be well decorated and there shall be telephone as far as possible.
(g) There shall be good arrangement for cloth washing.
(h) Senior personnel shall have the idea of lodge and able to speak English.
(i) The dress of the worker shall be neat, clean and uniform as far as possible.
(j) There shall be arrangement of fan and Heater according to season as far as possible.

7. Facilities to be Available in Restaurant and Bar :

There shall be, at least, following facilities in the tourist standard restaurant and bar,-
(a) There shall be arrangement of food as per the international standard.
(b) There shall be better crockery and cutlery.
(c) There shall be arrangement of pure and hygienic drinking water.
(d) There shall be arrangement of restroom with soap, towel for the gentlemen and ladies separately.
(e) There shall be arrangement of dinning place for the Fifteen people at one time.
(f) There shall be non-congested room and seating arrangement.
(g) The furniture shall be neat, clean and standard.

8. Registration Fee:

The registration fee of the Tourist Standard Hotel, Tourist Resort, Lodge, Restaurant and Bar shall be as follows,-
(a) One Star Hotel One Thousand Rupees
(b) Two Star Hotel Two Thousand Rupees
(c) Three Star Hotel Three Thousand Rupees
(d) Four Star Hotel Four Thousand Rupees
(e) Five Star Hotel Five Thousand Rupees
(f) Tourist Standard General Hotel Five Hundred Rupees
(g) Tourist Resort One Thousand Five Hundred Rupees
(h) Tourist Standard Lodge Four Hundred Rupees
(i) Tourist Standard Restaurant Five Hundred Rupees
(j) Tourist Standard Bar Five Hundred Rupees

Chapter-3 Provision Relating to Tourist Guide

9. The person shall have to submit an application to get License of Tourist
Guide : The person interested to work as a Tourist Guide shall submit an application to the Director General in the format as mentioned in Schedule-2 including the application fee of Ten Rupees.

10. Qualification of Tourist Guide:

The person interested to take a Tourist Guide License shall have the Tourist Guide training and certificate from Hotel Management and Tourism Training Centre.

11. Issuance of Tourist Guide License: Upon receiving of an application pursuant to Rule 9, the Director General shall make inquiry and may issue Tourist Guide License to the applicant for a period of Five years pursuant to
Schedule – 3 with taking One Hundred Twenty Five Rupees as fee.

12. Remuneration of the Tourist Guide:

The remuneration of Tourist Guide for the job of atour guide shall be as mentioned in the license.

13. Renewal of the License:

(1) A person having the Tourist Guide License shall submit an application to the Director General for the renewal of the license within the Thirty Five days of date of expiry.
(2) Upon receiving an application Pursuant to Sub rule (1), the Director General may renew for the next Five years with taking Fifty Rupees as fee.
(3) The renewal may be made if the application submitted for the renewal after the time limit of the renewal of license pursuant to Sub-rule (1).
The following extra fee beside the renewal fee shall be levied on the basis of
the following time frame:-
(a) Twenty-Five Rupees for the Two months after the expiry of the date of renewal of License.
(b) Sixty Rupees for the Four months after the expiry of the date of renewal of License.
(c) Hundred Rupees for the Six months after the expiry of the date of renewal of License.
(d) Two Hundred Fifty Rupees for the One year after the expiry of the date of renewal of License

14. Issuance of New License in case Loss of License:

The Tourist Guide shall submit an application with reason, if he/ she has lost the license, to the Director General within the Thirty Five days and the if such reason is found
reasonable the Director General may provide another license after taking Twenty Five Rupees as fee.

15. License may be Cancelled:

The Director General may cancel the license in  the circumstance mentioned in Sub-section (1) of Section 44 of the Act.

16. Submission of Information of Experience by the Tourist Guide:

The Tourist Guide shall submit the written information about his / her experience of the tourists to the Department in every six month.

Chapter-4  Miscellaneous

17. Submission of Periodic Report :

(1) Every hotel, tourist resort and lodge shall submit a periodic report to the Department in every six month in the  format mentioned in Schedule- 4 pursuant to Sub-section (1) of Section 47 of Act.
(2) The report pursuant to Sub-rule (1) shall be submitted within the Seven days of the expiry of the said period.

18. Repeal:

The Tourism Industry Rules, 2022 (1965) are, hereby, repealed.

Schedule-1
(Relating to Rule 3)
Application Format
To,
The Department of Tourism,
I/we hereby submit an application for the registration
of………………………………. Hotel /Tourist Resort/Lodge/Restaurant/ Bar operating by
myself / ourselves as of the tourist standard pursuant to Rule 3 of
the…………………………. Hotel, Lodge, Restaurant, Bar and Tourist Guide Rules, 2038
(1978) including Ten Rupees as the application fee.
I/we shall operate the business under the Tourism Act, 2035 (1965) and Hotel,
Lodge, Restaurant, Bar and Tourist Guide Rules, 2038 (1978)
Applicant,
Name of the applicant:-
Address:-
Signature:-
Date:-

Schedule – 2 (Relating Rule 9 )
Application format
To,
The Director-General
Department of Tourism
Sir/Madam,

With an interest to work as a tourist guide, I, hereby, do request for the license pursuant to Sub-section (1) of Section 39 of the Tourism Act, 2035 (1975) with the  following details enclosing Rupees Ten as the application fee. Two copies of Passport size photographs and duplicate copy of the certificate issued by the Hotel Management and Tourism Training Centre are also enclosed with the application. Original copy shall be submitted when the Department shall order accordingly. If I receive the license, I shall abide the prevailing law while working as a tourist guide.
Details of the applicant:
(a) Name, title and address:-
(b) Name, title and address of the father of the applicant:-
(c) Name, title and address of the grandfather the applicant:-
(d) Educational qualification or training:-
(e) Age:-
(e) Experience:
Applicant,
Date:-

Schedule – 3
(Relating to Rule 11)
Format of the License
1. Full Name of the Tourist Guide:-
2. Address:-
(a) Permanent:-
(b) Temporary:-
3. Description of Remuneration:-
(a) Full day – Sixty Rupees.
(b) Half day – Thirty Rupees.
4. Tour Guiding Language:-
5. License shall remain valid from …………… to ……………………
This License has been issued in the name of Mr./Mrs./Ms
………………….…………to work as a Tourist Guide pursuant to the Tourism Act,
2035 and Hotel, Lodge, Restaurant, Bar and Tourist Guide Rules, 2038 (1978)
Seal of the Department of Tourism
Signature of the
Director General:-
Full Name:-
Designation:-
Date:

Schedule- 4 (Relating to Rule 17)
Format of the Periodic Report
To
The Director General
Department of Tourism
Sir/Madam
I, hereby, submit the periodic report of this Hotel, Tourist Resort, Lodge from ……………… to ……………as per Sub-section (1) of Section 47 of the Tourism Act, 2035 B.S.(1978 A.D.)
Details
1. The details of Tourist and number of days of their stay in the Hotel, Tourist Resort,
Lodge:-
(a) Person staying from one day to Three days:-
(b) Person staying from four days to seven days:-
(c) Person staying more than Eight days:-
2. The marketing details inside and outside the country:-
3. The details of participation in international programme:-
4. The details of person invited from aboard for the development of Tourism Industry:-
5. Number of domestic and foreign workers (including the name, designation and remuneration):-
6. The details of transaction and earning of foreign currency:-
7. The details of necessary import license for the concerned business (including the material and amount):-
8. The details regarding the quantity of the material received, yet to be received and cancelled as mentioned in the import license :-
The person submitting the report:-
Signature:-
Full name:-
Designation:-
Date:-

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