Himachal Pradesh Home Stay Rules, 2025

[14th February 2025]

PREAMBLE

In exercise of the powers conferred under clause (m) of sub-section (2) of Section 64 of the Himachal Pradesh Tourism Development and Registration Act, 2002 (Act 15 of 2002), the Governor, Himachal Pradesh proposes to make the following rules for carrying out the purposes of the aforesaid Act and the same are hereby published in the Rajpatra (e-Gazette), Himachal Pradesh as required under Section 64 of the Act ibid, for the information of the general public;

If any person, likely to be affected by these rules has any objection(s) or suggestion(s) with regard to these rules, he may send the same to the Director, Tourism & Civil Aviation, Himachal Pradesh, Shimla by post or on email address tourism@hp.gov.in within a period of fifteen days from the date of publication of the said draft rules in the Rajpatra (e-Gazette) of Himachal Pradesh;

The objection(s) or suggestion(s), if any, received within the above stipulated period shall be taken into consideration by the State Government, before finalizing these rules, namely.

Rule 1. Short title, extent and commencement.

(1)     These rules may be called the Himachal Pradesh Home Stay Rules, 2025.

(2)     These rules shall extend to the whole State of Himachal Pradesh.

(3)     These rules shall come into force from the date of publication in the Rajpatra (e-Gazette), Himachal Pradesh.

Rule 2. Definitions.

(1)     In these rules, unless the context otherwise requires.-

(a)      Act means the Himachal Pradesh Tourism Development and Registration Act, 2002 (Act No. 15 of 2002);

(b)      Annexure means an annexure appended to these rules;

(c)      Accommodation means the room accommodation of minimum standard sizes with attached toilet facility reasonably furnished and ready for letting out to the tourists/guests as may be prescribed under these Rules. The minimum standard size for double and single bed room accommodation is 120 Sq. ft. and 100 Sq. ft. respectively and 30 Sq .ft .for bathroom / toilet or as notified by the Government from time to time.

(d)      Common areas mean-

(i)       the stair cases, lifts, lift lobbies, fire escapes, common entrances and exit of buildings;

(ii)      the common basements, terraces, parks, play areas, open parking and common storage spaces;

(iii)     the premises including accommodation for the lodging of staff employed for the management of the property;

(iv)    other portion of the property in common use;

(e)      Form means a form appended to these rules;

(f)       Owner means a person who is recorded as owner in the record of rights of concerned estate (estate as defined under section 4 (5) of the Himachal Pradesh Land Revenue Act, 1954);

(g)      Bonafide Himachali means a person who has permanent home in Himachal Pradesh and includes a person who has been residing in Himachal Pradesh for a period not less than 20 years or a person who has permanent home in Himachal Pradesh but on account of his occupation he is living outside Himachal Pradesh.

(h)     Planning area means any area declared to be planning area under section 2 (o) of the Himachal Pradesh Town and Country Planning Act, 1977;

(i)       Property means the land, the building, all improvements and structures thereon easements, rights, appurtenances belonging thereto and includes every type of right or interest in land which a person can have to the exclusion of other persons, such as possession, use, enjoyment free from interference, right of disposition, franchises and hereditament;

(j)       Registered Private Professional shall have the same meaning as provided under APPENDIX 10 of the Himachal Pradesh Town and Country Planning Rules, 2014;

(k)      Rural areas means areas other than the areas in 2 (m) below;

(l)       Special Area Development Authority means an authority constituted under section 67 of the Himachal Pradesh Town and Country Planning Act, 1977;

(m)    Structure Stability Certificate means a certificate as has been provided under Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977; and

(n)     Urban areas means areas falling within Municipal Corporation/ Municipal Council/ Nagar Parishad/ Nagar Panchayat as may be notified by the State Government of Himachal Pradesh from time to time and areas falling within 50 meters from the edge of the controlled width of National Highways/ Four Lane Highways in the State of Himachal Pradesh.

(2)     Words and expressions used in these rules but not defined in these rules shall have the same meaning as assigned to them in the Act.

Rule 3. Procedure to establish and register a Home Stay.

(1)     (i) Any owner of a private house not in dilapidated condition, located in the State, can apply online for registration of Home Stay, through e-Services Portal in the prescribed proforma (ANNEXURE-I) to the prescribed Authority under whose jurisdiction the area falls for registration of the Home Stay Unit under theserules made thereunder.

(ii) The prescribed authority before registering such Home Stay units shall ensure through site inspection the location, facilities, surrounding environment, hygiene, cleanliness,security, safety and security of the tourists;

(iii) Home Stay shall include any private house located in urban/ rural areas of the State in good condition and easily accessible in the country-side i.e. within the Farm House, Orchards, and Tea-Gardens etc. and in case of urban areas shall include independent house etc. within the jurisdiction of the local authority;

(iv) In case of an apartment or a residential flat, that is likely to be operated as a Home Stay unit, an NOC from the Resident Welfare Association (RWA) shall be mandatorily submitted;

(v) The owner shall submit structure stability certificate of the house issued by a registered private professional. The owner shall provide intimation of his/her Home Stay unit to the urban/rural local body and the local bodies shall maintain a register of Home Stay units registered in their respective jurisdictions; and

(vi) The house shall fulfill the minimum requirement of having one or more rooms accommodation subject to a maximum of six rooms (6 double beds/ 12 single beds) each with attached toilet facility, which shall be made available to the tourists as Home Stay accommodation:

Provided that separate toilet facility for each room may be allowed in the rural areas for registration of Home Stay unit, in case where attached toilet facility is not available:

Provided further that family suite having 4 beds, subject to a maximum of 3 family suites, may be allowed in a Home Stay accommodation. In no case the bed capacity in the Home Stay will cross 12 single beds.

(2)     The District Tourism Development Officer/ Assistant Tourism Development Officer (Prescribed Authority) or Inspector (Hotels) or any other official to whom the powers of inspection of Home Stay units are delegated shall inspect the premises being offered and in event of the same having been found suitable at the time of registration of Home Stay unit and subject to fulfillment of all the requirements, the prescribed authority shall register the Home Stay Unit.

(3)     Any person operating a Home Stay, if intends to make any changes in the number of rooms to be offered as Home Stay, shall intimate the prescribed authority before doing so and such a unit shall be required to be registered afresh under rule 5 of these rules.

(4)     Every application made under sub-rule (1) shall be disposed off within a period of sixty days from the date of receipt of application, failing which the application shall be deemed to have been accepted for registration:

Provided herein that the application for registration is complete in all aspects and shall qualify under the rules prescribed herein. The time period during which the application for registration is under process, for making observations by the prescribed authority or its removal by the applicant and due to unavoidable circumstances etc. shall be excluded from sixty days.

(5)     No person shall operate a Home Stay unit unless it is registered in accordance with the provisions of these rules.

(6)     (i) The tourism units/ home stay already registered and functional under the Incredible India Bed & Breakfast Establishments/ Incredible India Homestay Establishments scheme of Ministry of Tourism, Government of India or the Himachal Pradesh Home Stay Scheme 2008 shall apply for registration of Home Stay, within a period of 30 days from the publication of these rules in the Official Gazette, H.P., to the prescribed authority under whose jurisdiction the area falls through e-Services Portal in the prescribed proforma (ANNEXURE-I) under these rules and the prescribed authority shall register such Home Stays till the date of expiry of existing registration without levying any registration fee for this period.

(ii) No tourism unit registered under the Incredible India Bed & Breakfast Establishments/ Incredible India Homestay Establishments or the Himachal Pradesh Home Stay Scheme, 2008 shall function further without due registration under these rules:

Provided that the registration of Home Stay units shall be done only for the owners [owners as defined in Rule 2 (f)]; and preference may be given to bonafide himachalis [bonafide himachalis as defined in Rule 2 (g)]:

Provided further that if any changes including addition of rooms/ facilities, etc. are carried out by the applicant, then in such case the Home Stay will be required to be registered afresh under rule 5 of these rules.

Rule 4. Documents required with application of registration.

An application for registration under rule 3 by a person intending to operate a Home Stay Unit, shall be submitted to the prescribed authority alongwith requisite documents, as specified in ANNEXURE-II alongwith registration fee as specified in these rules.

Rule 5. Issuance of Registration Certificate.

(1)     The prescribed authority shall, either by itself or through an officer authorized by it in this behalf, on receipt of an application for registration of a Home Stay alongwith the specified fee, scrutinize the application within 60 days of its receipt and if found in order, it shall, enter the contents of the application in the relevant register and shall issue a certificate of registration valid either for one year or for three years from the dateof issuance of registration certificate under these rules in Form-A:

Provided that in case of tourism units already registered and functional under any scheme of the Central or State Government on the commencement of these rules, the prescribed authority shall issue a certificate of registration valid till the date of expiry of the existing registration without levying any registration fee under these rules in Form-A1.

(2)     The prescribed authority shall process the application for the registration of Home Stay through e-Services Portal and shall also respond back to their applications through e-Services Portal and also register the Home Stay, if the formalities are completed as required under these rules.

(3)     The applicant shall deposit the registration fees online as specified under rule 7 (1) of these rules at the time of applying for registration before the prescribed authority, subject to detailed inspection as per the checklist at ANNEXURE-III.

Rule 6. Renewal of Registration of Home Stay.

(1)     Every Home stay owner under these rules shall get their registration certificate renewed after every one year or three years, as applicable, from the date of issuance of registration certificate/renewal certificate in prescribed Form-B through e-Services Portal. They shall submit Old Registration Certificate/ Old Renewal Registration Certificate along with fees as specified under rule 7 (1) to the prescribed authority for renewal.

(2)     The Government may from time to time issue guidelines for renewal process by taking into consideration different aspects related to Home Stay classification, online ratings and reviews over different platforms and so on.

Rule 7. Registration fee.

(1)     An application for registration as a Home Stay shall be accompanied by the registration/ renewal fee, as the case may be, as detailed below:-

(2)     Registration/ renewal can be done for one year or three years. If registration fee is paid for three years in one go, then a discount of 10% on the applicable fee will be given.

(3)     A woman owner shall be provided 5% discount in addition to that applicable as per rule 7 (2), for registration of Home Stay units. For this purpose, owner shall be asdefined in rule 2 (g).

Rule 8. Duties & Responsibilities of Home Stay Owners.

(1)     Every Home Stay unit owner shall get the unit registered with the Department of Tourism & Civil Aviation, Himachal Pradesh. However, it shall not be mandatory for the owner to reside in the Home Stay unit.

(2)     The tourism units already registered and functional under the Incredible India Bed & Breakfast Establishments/ Incredible India Homestay Establishments scheme of Ministry of Tourism, Government of India or the Himachal Pradesh Home Stay Scheme 2008, as the case may be, shall apply for registration within a period of 30 days from the date of commencement of these rules:

Provided further that such Home Stays shall have to fulfill the requirements as prescribed under these rules within a period of 90 days from the commencement of these rules:

Provided further that non-fulfillment of requirement prescribed under these rules shall lead to cancellation of registration of the tourism unit/ home stay.

(3)     The owner of the Home Stay Unit shall at all times maintain the minimum standards of the cleanliness, sanitation, quality of food etc., as described under these rules in ANNEXURE III.

(4)     The owner may charge the rates as may be appropriate but shall not be exorbitant:

Provided that the rates shall be commensurate with the standards of the tourism unit, its location/view, quality of food, accommodation and services, which may be charged by the Home Stay unit owner during "season" and "off season" periods for lodging from person staying therein.

(5)     The owner shall maintain a register duly verified by the prescribed authority for letting out the rooms to the tourists, which can be inspected by the prescribed authority or any officer authorized by the Government at any time. The register shall have the same format as per Annexure A of Rule 13 (2) (a) (ii) to (v) of the Himachal Pradesh Tourism Development and Registration of Trade Rules, 2012.

(6)     The owner shall maintain a bill book duly verified by the prescribed authority for issuing bills to the tourists with a stamp and the Home Stay owner shall be required to give thefacility of online payments as well to the guests.

(7)     The owner shall display a registration/ renewal certificate approved by the department at the counter of the Home Stay unit for the information of the tourists.

(8)     All the Home Stay Unit holders shall transmit Form C under Rule 14 (6) of the Registration of Foreigners Rules, 1992 and Foreigners (Report to Police) Orders, 1971 as done bythe hotels accommodating foreign tourists.

(9)     Home Stay owners will provide basic fire equipments in the Home Stay units.

(10)   Home Stay owners will make efforts for having the rainwater harvesting system in the Home Stay units.

(11)   Home Stay owners will promote Himachali Handicrafts and Himachali Architecture inthe Home Stay units.

(12)   Home Stay owners shall ensure that safe and hygienic food is served and will makeefforts for the promotion of Himachali cuisine.

(13)   Home Stay owners will ensure the payment of minimum wages to the workers of the Home Stay units.

(14)   Home Stay owners shall install CCTVs in common areas of the Home Stay units.

Rule 9. Power of entry and inspection.

(1)     The prescribed authority or any officer authorized by the Government may, in order to ensure that the provisions of these rules are being implemented by the Home Stay owner or operator, as the case may be, enter the Home Stay unit or business premises and inspect all accounts, registers, documents and other books with or without prior notice and without disturbing the privacy rights of the owner(s) family or House guest(s) residing in Home Stay unit.

(2)     If the prescribed authority or any officer authorized by the Government has reasons to suspect that any Home Stay unit owner or operator, as the case may be, is attempting to evade or has evaded any of the provisions of these rules, such authority or officer may, for reasons to be recorded, seize such accounts, registers, documents or other books, as may be necessary, and shall grant a receipt of the same and retain the same so long as may be necessary for examination thereof or for purpose of any proceedings under these rules.

Rule 10. Incentives/ Exemptions.

(1)     Relaxation of taxes/bills for Home Stay units in rural areas may be notified from time to time by the State Government.

(2)     In the urban, planning and SADA areas, the concerned Departments may charge commercial rates on power supply, water supply, sewerage and garbage collection, for the portion of House /Building which is being used as a Home Stay Unit. The owner will be required to install separate meter for residential area to avail domestic charges for the same and separate meter for area being used as a Home Stay Unit, else the entire House/Building will be liable to be charged commercial rates;

Provided further that the State Government may revise these incentives/exemptions from time to time.

Rule 11. Application of other laws not barred.

(1)     The provisions of these rules shall be in addition to, and not in derogation of, the provisions of any other Act or rules in force.

(2)     Any person running a Home Stay in contravention of these rules shall be liable to penal action under the relevant provisions of Himachal Pradesh Tourism Development and Registration Act, 2002 as amended from time to time and any other Laws and rules in force.

Rule 12. Protection of action taken in good faith.

No suit, prosecution or other legal proceedings shall lie against the appropriate authority or any officer or other employees of the authority for anything which is done in good faith or intended to be done under these rules.

Rule 13. Repeal and Saving.

(1)     The Himachal Pradesh Home Stay Scheme, 2008 is hereby repealed.

(2)     Notwithstanding such repeal anything done or any action including any notification/order/notice issued, application made or permission granted under the Himachal Pradesh Home Stay Scheme, 2008 so repealed shall, to the extent of being consistent with the provisions of these rules, be deemed to have been validly done or taken or made under the said scheme.

Rule 14. Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of these rules, the State Government may, by order, publishing the same in the Official Gazette, make such provisions consistent with the provisions of these rules, as may appear to be necessary for removing the difficulty:

Provided that no order shall be made under this rule after the expiry of two years from the date of commencement of these rules.

ANNEXURE-I

[See Rule-3 (1)]

APPLICATION FORM FOR REGISTRATION OF HOME STAY

ANNEXURE II

(See rule-4)

LIST OF DOCUMENTS REQUIRED AT REGISTRATION STAGE IN RESPECT OF HOME STAYS

ANNEXURE-III

[See rule- 5 (3) and rule- 8 (3)]

Checklist for Registration of Home Stay Unit. This checklist includes mandatory as well as desired features to be seen at the time of inspection

DEPARTMENT OF TOURISM & CIVIL AVIATION CERTIFICATE OF REGISTRATION OF A HOME STAY UNIT

Form-A

[See rule- 5 (1)]

Valid till..............

No: ____________________

Dated___________________

This is to certify that the Home Stay unit known as ______________________located in the tourist area ____________to be operated/being operated by Shri/Smt.________________s/o or d/o or W/o Shri _____________Proprietor/ Owner(s)/Promoter(s) of the said Home Stay unit has been registered under the Himachal Pradesh Tourism Development and Registration Act, 2002 and the rules made thereunder.

Note.-Total number of beds shall not exceed 12

Place:

Date: (Prescribed Authority).

DEPARTMENT OF TOURISM & CIVIL AVIATION CERTIFICATE OF REGISTRATION OF EXISTING TOURISM UNIT AS DEFINED UNDER SECTION 3 (gg) OF THE H.P. TOURISM DEVELOPMENT & REGISTRATION ACT, 2002 ALREADY FUNCTIONAL ON THE DATE OF COMMENCEMENT OF THE H.P. HOME STAY RULES, 2025

Form-A1

[See rule- 5 (1)]

Valid till the date of expiry of existing registration i.e....................

No: ____________________

Dated___________________

This is to certify that the Home Stay unit known as ______________________located in the tourist area____________ being operated by Shri/Smt.________________s/o or d/o or w/o of Shri _____________Proprietor/ Owner(s)/Promoter(s) of the said Home Stay unit has been registered under the Himachal Pradesh Tourism Development and Registration Act, 2002 and the rules made thereunder.

Note.-Total number of beds shall not exceed 12

Place:

Date: (Prescribed Authority).

DEPARTMENT OF TOURISM & CIVIL AVIATION CERTIFICATE OF RENEWAL OF A HOME STAY UNIT

Form-B

[See rule- 6 (1)]

Valid till..................

No: ____________________

Dated___________________

This is to certify that the Home Stay unit known as ______________________located in the tourist area ____________to be operated/being operated by Shri ________________son of Shri _____________Proprietor/ Owner(s)/Company of the said Home Stay unit has been renewed under the Himachal Pradesh Tourism Development and Registration Act, 2002 and the rules made thereunder.

Note.-Total number of beds shall not exceed 12

Place:

Date: (Prescribed Authority).

FORM-C

[See ANNEXURE- I (13) and ANNEXURE-II (4)]

FORMAT FOR UNDERTAKING

To

The Prescribed Authority,

Office of the District Tourism Development Authority,

District.......................Himachal Pradesh.

UNDERTAKING

I have read and understood all the terms and conditions mentioned in the Himachal Pradesh Home Stay Rules, 2025 with respect to the approval and registration of the Home stay Unit/ Establishment and hereby agree to abide by them. The information and documents provided are correct and authentic to the best of my knowledge.

I further declare that if there is any false statement or suppression of any material fact with the intention to mislead the prescribed authority at my end, I shall be liable for penal action as warranted by the Himachal Pradesh Tourism Development and Registration Act, 2002 and the rules made thereunder.

Place:

Date: Signature and name of the owner in block letters.

FORM-D

[See ANNEXURE- II (7)]

FORMAT FOR POLICE VERIFICATION CERTIFICATE FOR REGISTRATION OF HOME STAYS

Police Verification Certificate (Mandatory) for registration of Home Stay Unit in Himachal Pradesh.

(1)     Name of local police station: .....................................................................................................

(2)     Whether any criminal case registered against applicant: ....................................................................

(3)     Mention FIR No. and Sections, if registered against applicant: ....................................................................

(4)     Whether any police complaint is pending for action against applicant: .........................................................

(5)     Whether any court order is pending for execution against applicant: ..........................................................

(6)     Whether the applicant be granted NOC (Yes/No): ....................................................................

Signature of SHO,

Date: With stamp.