Himachal Pradesh Water Sports And Allied Activities Rules, 2021

 

[22 February 2021]

 

No. TSM-A(3)-2/2018-II.-WHEREAS, the draft Himachal Pradesh Water Sports and Allied Activities Rules, 2019 were published in the Rajpatra, Himachal Pradesh on 6-12- 2019 vide Notification No.Tsm-A(3)-2/2018 dated 22-11-2019 for inviting objection(s) or suggestion(s) from the general public, as required under section 64 of the Himachal Pradesh Tourism Development and Registration Act, 2002 (Act No.15 of 2002) ;

 

 

AND WHEREAS, no objection (s) or suggestion(s) has been received in this behalf during the stipulated period ;

 

 

NOW, therefore, in exercise of the powers conferred by section 64 of the Himachal Pradesh Tourism Development and Registration Act, 2002 (Act No.15 of 2002), the Governor, Himachal Pradesh is pleased to make the following rules, namely :-

 

CHAPTER 1

 

PRELIMINARY

Rule - 1. Short title, extent and commencement :-

 

(1)     These rules may be called the Himachal Pradesh Water Sports and Allied Activities Rules, 2021.

 

 

(2)     These rules shall extend to the whole of the 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 there is anything repugnant in the subject or context,-

 

 

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

 

 

(b)      "Allied Activities" shall mean allied activities related to water sports and include boating on a country boat, paddle boating, power/speed/motor boating, boating on a house boat, leisure trip on a cruise or any other such activities as may be notified by the Government from time to time;

 

 

(c)      "Area of Operation" means a portion of the water body demarcated, exclusively or along with other operator(s), for an operation by the committee constituted under rule 9;

 

 

(d)      "Association" means an association registered as society under the Himachal Pradesh Societies Registration Act, 2006;

 

 

(e)      "Authorized Officers/Officials" include Commissioner, Director/Additional or Joint Director/Deputy Director/ATDO/Hotel Inspector of Tourism Department;

 

 

(f)       "Boat" means a country boat, row boat and a paddle boat;

 

 

(g)      "Boatman" shall include a person qualified and trained to drive a boat;

 

 

(h)     "Carrying capacity of an area" means total number of water sports units that can be allowed to operate safely in that area;

 

 

(i)       "Commissioner or Director" means Commissioner or Director, Tourism, H.P. as the case may be;

 

 

(j)       "Crew Member" means any person, except boatman, motor boat driver and life guard who assists in conducting the Water Sports and Allied Activities and accompany for an operation;

 

 

(k)      "Day Time" means the period between sunrise and sunset;

 

(l)       "Equipment" means any item being used / required to be used for the operation of water sports and allied activities except water sports units;

 

 

(m)    "Fair Weather conditions" means that periods of day break when there are no rains and winds are blowing at a normal speed;

 

 

(n)     "Form" means a form appended to these rules;

 

(o)      "Government" means the Government of Himachal Pradesh;

 

 

(p)      "Motor Boat Driver" means a person qualified and trained to drive a motor boat or any other water sports machine fitted with an engine;

 

 

(q)      "Operator" means water sports and allied activities operator(s) whether an individual or a company or an association or a society or a local authority which is registered as such under the Act for carrying out the water sports and allied activities under these rules;

 

 

(r)      "Operation" means water sports and allied activities to be undertaken or undertaken under these rules;

 

 

(s)      "Participant" means the person(s) who participate in an operation;

 

(t)       "Prescribed" means prescribed by these rules;

 

 

(u)     "Prescribed Authority" means authority notified by the State Government under clause

 

 

(v)      of section 3 of the Act;

 

 

(w)     "Power Boat" means speed boat, motor boat and any mechanised boat fitted with engine used to carry tourists/participants on leisure trip or to be used to pull the wake board, water ski, fun rides apparatus like banana boat etc;

 

 

(x)      "Reception-cum-ticket counter" means a temporary stall near the embarkation site demarcated for an operator by the Technical Committee;

 

 

(y)      "Season" for the purposes of these rules means whole of the year excluding the periods from 15th July to 15th September, periods not approved by the Technical Committee for operation and periods specifically prohibited by concerned District Magistrate in extra-ordinary circumstances;

 

 

(z)      "Section" means section of the Act;

 

 

(aa)   "Society" means a co-operative society registered under the Himachal Pradesh CoOperative Societies Act, 1968;

 

 

(bb)   "Schedule" means the schedule appended to these rules;

 

 

(cc)    "Technical Committee" means the Committee constituted by the Commissioner under rule 9;

 

(dd)   "Water Bodies" shall include dam reservoirs, natural and artificial lakes/ ponds, rivers and streams;

 

(ee)   "Water Sports" shall mean Wake boarding, Water Skiing, Jet Skiing, Ski Boarding, Water scooter, Fun Rides like, Tube Ride, Banana Ride/Ringo Ride/Donut Ride, Rowing, Kayaking and Canoeing;

 

(ff)     "Water Sports Units" means water sports and allied activities apparatus like country boat, power boat, house boat, cruise, water scooter, kayak, row, canoe and other associated parts used for operation of rides etc.; and

 

(gg)   "House Boat" means a house boat that has been designed or modified to be used primarily for accommodation purpose but some house boats are not motorized because they are usually moored, kept stationary at a fixed point and often tethered to land to provide utilities, however, many of them may be capable of operation under their own power.

 

(2)     All other words and expressions used herein and not defined but shall have the same meaning respectively as assigned to them in the Act.

 

Rule - 3. Notification of water bodies for water sports and allied activities :-

 

The operation of Water Sports and Allied Activities shall be conducted in the area of operation demarcated by the Technical Committee in the water bodies listed in the Schedule-I. The State Government may notify new water bodies for conducting Water Sports and Allied Activities in the State and may exclude water bodies from the notified list. However, the Technical Committee shall be competent to identify and recommend new water bodies for the operation of water sports and allied activities to the Commissioner/Director Tourism for approval.

 

CHAPTER 2

 

REGISTRATION

Rule - 4. Application for registration of Water Sports and Allied Activities Operator :-

 

(1)     Any person intending to act as a Water Sports and Allied Activities Operator may make an application in FORM-1 to the prescribed authority for registration along with a demand draft of Rs.2000/- in favour of prescribed authority and required documents as per these rules for the ensuing season in the months of January/February and July/August each year. The prescribed authority shall scrutinize the applications, so received initially and put up the same before the Technical Committee which shall hold the inspection before 15th of April and 15th of October each year, respectively by fixing date, time and venue for the scrutiny, inspection of the documents, office and equipments, conducting practical/physical tests of Crew members, Life Guards, Boatmen and Motor Boat Drivers etc. by giving at least 15 days clear notice to all the eligible Operators/Applicants.

 

 

(2)     Any person intending to act as Water Sports and Allied Activities operator may apply for registration at any time during the year, however, his application shall be considered in the month of January-February and July-August.

 

 

(3)     The prescribed authority shall issue a Certificate of Registration in FORM-2 to the concerned operator, only after the approval of the Technical Committee, for a period of three years.The registration shall be non-transferable.

 

 

(4)     The operator approved by Technical Committee shall furnish a refundable security deposit of an amount of Rs. 50,000/- before the issue of registration certificate.

 

 

(5)     The operator approved by Technical Committee shall execute indemnity bond as per Annexure-A before the issue of registration certificate.

 

 

(6)     No operator shall be permitted to operate the Water Sports and Allied Activities unless:-

 

 

(a)      he/she is a Citizen of India.

 

 

(b)      he/she has/have qualified boat men and life guard(s) who have done basic and advance course from recognized National or State Institute(s);

 

 

(c)      he/she has/have a qualified motor boat driver(s) as per these rules and has done basic course from recognized National or State Institute(s);

 

 

(d)      he/she has local office to operate the water sports activity;

 

 

(e)      he/she owns atleast three water sports units and other necessary equipments;

 

 

(f)       he/she has water sports units and other necessary equipments on lease for at least four years, to operate the water sports activity.

 

 

(7)     The registration may be renewed by the prescribed authority on an application of the operator accompanying fee equal to registration fee after three years in case the application for renewal is received 15 days prior to the date of expiry of registration. If the application for renewal is received within 15 days after the expiry of earlier registration in that eventuality the applicant shall be liable to pay fine of Rs.100/- per day for renewal of registration. In case the application for renewal is not made within the above stipulated period in that case the operator shall have to apply a fresh for the registration as a new Water Sports and Allied Activities Operator.

 

 

(8)     The registration may be cancelled at any time on the request of the operator or on the recommendation of the Technical Committee and the amount of security shall be reimbursed, after adjusting the liabilities, if any, on the part of the operator. In case the registration certificate is lost or mutilated the operator/other concerned person may apply for the issuance of a duplicate registration certificate. The prescribed authority may issue duplicate registration certificate by charging a fee of Rs. 500/- on production of affidavit and a copy of FIR in case registration certificate lost or by submitting mutilated copy of original registration certificate, as the case may be.

 

Rule - 5. Registration of Boatman, Motor Boat Driver and Life Guard :-

(1)     Any person intending to participate in Water Sports Activities as a Boatman or Motor Boat Driver or Life Guard, shall apply in FORM-3 to the prescribed authority for registration along with required documents and a fee of Rs.1000/-

 

 

(2)     After being fully satisfied that the applicant fulfils the requisite qualifications and standards for registration and his application has been recommended by the Technical Committee, the prescribed authority of the area concerned shall issue a certificate of registration in FORM-4 for a period of three years.

 

 

(3)     The registration can be renewed on an application, accompanying fee equal to registration fee after three years only after the recommendations of the technical committee; fee equal to registration fee after three years in case the application for renewal is received 15 days prior to the date of expiry of registration. If the application for renewal is received within 15 days after the expiry of earlier registration in that eventuality the applicant shall be liable to pay fine of Rs.100/- per day for renewal of registration.

 

Rule - 6. Qualification of Boatman, Motor Boat Driver and Life Guard :-

 

(1)     The Boatman, Motor Boat Driver and Life Guard must be of 21 years of age or above and should be medically fit as certified by a Government Medical Officer.

 

 

(2)     He should hold a valid basic First Aid Course Certificate and should have passed matriculation examination.

 

 

(3)     The applicant should bear good moral character.

 

 

(4)     Experience of two years in concerned activities with required standards with good track record is a desired qualification.

 

 

(5)     Additional qualification for the Boat Man, Motor Boat Driver and Life Guard for Water Sports and Allied Activities are as follows:

 

 

(a)      The Boatman must hold a certificate of basic and advance course from Water Sports Centre recognized by the State or Central Government.

 

 

(b)      Motor Boat Driver must hold a valid license to drive a motor boat from an authorised officer in Himachal Pradesh.

 

 

(c)      Motor Boat Driver must hold a valid power boat handling certificate from National Institute of Water Sports.

 

 

(d)      The Life Guard must hold a certificate of the basic and advanced course in water sports issued by a Water Sports Centre recognized by the State or Central Govt.

Rule - 7. Application for Registration through e-mail :-

 

The prescribed authority may accept the application for the registration/renewal as operator, Boatman, Motor Boat Driver and Life Guard through e-mail and acknowledge through e-mail and proceed to register/renew the applicant as operator and Boatman, Motor Boat Driver and Life Guard if the application is complete in all respect as required under the Act and these Rules. In case of acceptance through e-mail, the prescribed authority may accept the registration/renewal fee, user fee and security deposit at the time of issuance of the Registration Certificate or renewal of certificate under rule 4 and 5 as the case may be.

Rule - 8. Refusal to register :-

 

The Prescribed Authority may refuse to register an operator or Boatman, Motor Boat Driver and Life Guard if he/she is not eligible under these rules by making an order to this effect after giving a notice of 15 days to the operator/applicant for providing him an opportunity of being heard.

 

CHAPTER 3

 

INSTITUTIONAL MECHANISM

Rule - 9. Constitution of the Technical Committee :-

 

(1)     The Commissioner/Director shall, by notification, constitute a Technical Committee for each stretch/site for conducting Water Sports and Allied Activities, which shall consist of the following members, namely:-

 

 

 

(2)     The presence of minimum of seven members of the above Technical Committee with either Chairman or Vice Chairman shall form the quorum of the meeting. In the absence of the Chairman, the Vice-Chairman may hold the meeting. The Member Secretary shall be responsible to call the meetings of the Technical Committee.

 

 

(3)     The Technical Committee shall atleast meet twice in a year.

 

Rule - 10. Duties and Functions of the Technical Committee :-

 

(1)     The Committee shall be responsible for,-

 

 

(i)       the recommendation of new water bodies as per rule 3 for operation of water sports and allied activities, wherein the operations can safely be conducted;

 

 

(ii)      the identification and demarcation of separate areas/stretches/routes for operation for water sports and allied activities, training, motorized operations and manual operations by taking in to consideration the flow of water, required depth of water, carrying capacity of the area for operation of water sports activities, other safety considerations and existing notified ferry routes. The committee may demarcate common area of operation to different water sports operators and same route for allied activities on different time intervals after taking aforesaid factors into consideration;

 

 

(iii)     specifying the number of water sports units to be allowed in the demarcated area/ stretch as per the suitability of the area/stretch for the activity and the carrying capacity of the area/stretch for that activity;

 

 

(iv)    the inspection of site for embarkment/disembarkment and other facilities like sitting/waiting area/ reception-cum-ticket counter for water sports and allied activities and approval thereof;

 

 

(v)      the determination of season for operation of water sports activities and training as per available depth of water in the demarcated area in that season;

 

 

(vi)    inspection and certification of the water sports units and other required equipments of the operator for operation of water sports activities as per these rules;

 

 

(vii)   conducting trials to assess the workability of water sports units and other required equipments;

 

 

(viii)  scrutinizing the bio data of the boatman, motor boat driver, life guards and crew members to conduct their physical tests/trials in order to ascertain their expertise and medical fitness for the operations and to recommend the issuance of registration certificate;

 

 

(ix)    identifying and recommending for the notification of other sports/activities as water sports and allied activities;

 

(x)      recommendations to the prescribed authority the rates to be charged from the tourists/participants for each water sports activity in terms of trips/time/distance etc. However the prescribed authority may send back to the technical committee the matter for re-consideration of rates by giving specific observations in respect of the rates recommended by it. The decision of Technical Committee after re-consideration by specifically responding to the points raised shall be final;

 

 

(xi)    recommendations of the provision of rescue boat (s)/team(s) for water sports and allied activities as per safety requirements. The committee may recommend provision of joint rescue boat(s)/team(s) for an area jointly demarcated for the operators applying/ conducting allied activities through Country Boats/Paddle Boats only. In such a case such operators shall be jointly responsible for the operation and maintenance of rescue boat (s)/team (s). In case, such operators fail to operate/maintain jointly the rescue boat (s)/team(s) then they shall be responsible to operate/maintain the rescue boat (s)/team (s) individually; and

 

 

(xii)   recommendation for conducting trainings as per rule 23 after assessing the competence of institution/organization/association/federation in term of qualified trainers, workability of water sports units and other equipments and other safety considerations as per these rules.

 

 

(2)     In case, the area of the water body falls under the jurisdiction of two sub-divisions of the same or different districts, the jurisdiction of committee shall be decided as per the site of embarkation.

 

 

(3)     The quorum of the Committee for discharging its functions shall be one half of its total members including the Chairman but the presence of members representing Water Sports Centre and mechanical division of Himachal Pradesh Public Works Department shall be mandatory.

Rule - 11. Constitution of Regulatory Committee and its Functions :-

 

(1)     The Commissioner/ Director shall, by notification, constitute a Regulatory Committee for water sports and allied activities for the concerned districts, consisting of the following members, namely:-

 

 

(2)     The Chairman of Regulatory Committee can delegate his powers to Vice-Chairman who shall preside over the meetings in his absence. A quorum of eight members shall be necessary for the conduct of its meeting.

 

 

(3)     The committee shall hold meeting on quarterly basis.

 

Rule - 12. Functions of the Regulatory Committee :-

 

The Regulatory Committee shall perform the following functions, namely:-

 

 

(1)     The Committee shall exercise the overall control for regulating the water sports and allied activities in the District;

 

 

(2)     The committee may issue guidelines and advisories, if any, for the safe conduct of the Water Sports and Allied Activities mentioned in the rules from time to time;

 

 

(3)     The Committee may conduct surprise inspections during the operations to ensure that these rules are followed; and

 

 

(4)     Any other function as may be entrusted by the Government in relation to Water Sports and Allied Activities from time to time.

 

CHAPTER 4

 

SAFETY MEASURES

Rule - 13. General Safety Norms :-

 

The Operator shall ensure that.-

 

 

(1)     the operation of Water Sports and Allied Activities is carried out only in the demarcated areas/routes;

 

 

(2)     the Operations are carried out only in the designated seasons and fair weather condition during the day time ;

 

 

(3)     qualified manpower as per these rules is deployed for operations and all the crew members are qualified swimmers as per these rules;

 

 

(4)     all water sports activities are conducted in the presence of qualified life guard and undertaken under his active supervision;

 

 

(5)     all the participants, motor boat drivers, life guards and crew members are provided with and wear during operations full safety gear and life jackets;

 

 

(6)     the carrying capacity of the water sports unit is prominently displayed and the limit of carrying capacity is never exceeded;

 

 

(7)     safe embarkation/disembarkation arrangements be made for participants in the form of a jetty or pontoon bridge etc;

 

 

(8)     complete safety briefing to all the participants at the start of each trip be mandatorily made;

 

 

(9)     that no participant is allowed to participate without taking an undertaking as per Annexure-B before the start of an operation;

 

 

(10)   no person is allowed to tour/participate in any operation, except boating on a country/motorboat, unless he or she has attained 18 years of age and the children of more than 5 years of age may be permitted for boating on a country/motor boat only if atleast one of his/her parent is present with him/her and the parent has given undertaking as per the rules;

 

 

(11)   the fuel is kept in well ventilated store provided with appropriate fire fighting facilities;

 

 

(12)   The country/motor boat has appropriate size having adequate buoyancy and appropriate for intended activity and are certified /approved by any national or international certifying agencies including the following:-

 

 

(a)      US Coast Guard

 

(b)      CE (Communaute Europeene)

 

 

(c)      EN (European Norms)

 

(d)      ISO (International Standards Organisation)

 

(e)      IRS (Indian Register of Shipping)

 

(f)       Director General of Shipping, India

 

 

(g)      BIS (Bureau of Indian Standards)

 

(h)     SOLAS (Safety of Life At Sea)

 

 

(i)       UL (Underwriters Laboratories)

 

(j)       IMO (International Maritime Organisation)

 

 

(k)      EC (European Commission)

 

(l)       EU (European Union)

 

(m)    MED (Marine Equipment Directive)

 

 

(n)     FTL (Fleetwood Testing Laboratory)

 

(o)      UKAS (United Kingdom Accreditation Services)

 

 

(p)      Any other national or international certifying agencies

 

 

(13)   all the water sports activities commence with a thorough safety briefing highlighting the equipment used, dos and donts, rescue and emergency procedures.

 

 

(14)   participants suffering from weak heart condition, epilepsy, lungs disorders, asthma and pregnant women shall not be allowed to participate.

 

 

(15)   any person having consumed alcohol in any form or quantity or illicit drugs shall not be allowed/continue to allow to participate in the operation.

 

 

(16)   all the participants are in a suitable attire and bulky clothes, and person wearing sarees and persons wearing, neck ties, long skirts and three piece suites shall not be allowed to participate.

 

 

(17)   helpers are stand-by whenever the customer approaches the disembarkation pontoon bridge/jetty etc;

 

 

(18)   all the crew members and helpers hold a certificate in basic course from authorised water sports centres of the State or the Central Government.

 

 

(19)   the rescue boat is not used for other water sports activities and the word Rescue Boat shall be painted with red colour between the load line and top of the boat on all the sides.

Rule - 14. Equipment required for carrying out Water Sports and Allied Activities Operation and safety norms :-

 

(1)     The Technical Committee shall check the water sports unit (s) and all other auxiliary machinery, life saving appliances, fire appliances and other equipment (s) and get the same numbered through the Deputy Director Tourism & Civil Aviation or District Tourism Development Officer of the area concerned.

 

 

(2)     Each operator shall arrange the following equipment (s) before he is permitted to carry out the water sports and allied activity, namely:- Non-Motorized Activity to be carried out through:

 

 

(I)      Country Boat/Row Boat/Paddle Boat:

 

(a)      the boat should be leak proof;

 

 

(b)      the load line should be clearly marked and the weighing capacity must be approved by the technical committee as per norms prescribed by National Institute of Water Sports (NIWS)/Under no circumstances the boat shall be plied with submerged load line;

 

 

(c)      the weight is evenly distributed in the boat;

 

(d)      the boats shall carry a first aid box as per rule 15; and

 

 

(e)      adequate number of throw able rescue devices (lifebuoys) are carried on the boats.

 

 

(II)     Rowing/ Kayaking/Canoeing:

 

 

(a)      the kayaks and canoes must be manufactured under IRS (Indian Register of Shipping) certification for design and manufacture;

 

 

(b)      the operator shall be responsible for imparting adequate familiarization training to customers before handing over the kayaks for independent operation. Successful completion of familiarization shall be recorded on the undertaking;

 

 

(c)      there shall be rescue boat with a driver stand-by throughout the duration for which the kayaks/canoes are in water. The area of operation shall be clearly defined and be within the visual range of the rescue boat operator;

 

 

(d)      the operator shall maintain a log book with details of the participants;

 

 

(e)      if a tourist owns a kayak/canoe and wish to paddle it in the demarcated area, he/she shall register the kayak with the Prescribed Authority by paying a fee of Rs.1000/- and the registration shall be valid for three months; Motorized and Towed Activities:

 

(III)   Power Boat/Motor Boat/Speed Boat/ Cruise:

 

 

(a)      these must be manufactured under IRS (Indian Register of Shipping) certification for design and manufacture and all other auxiliary machinery, life/saving appliances, fire appliances and other equipment (s) intended to be used in an operation shall be manufactured by a company registered in India as per quality norms and standards prescribed for these by IRS (Indian Register of Shipping) or imported from an international organization/company of repute having the similar/ prescribed quality norms and standards. The Cruise must be registered by competent authority under The Himachal Pradesh Ferries Act, 1956 and the operator must comply with the requirements of the Act and rules framed thereunder;

 

 

(b)      the boat may be fitted with either outboard or inboard engines;

 

(c)      the horse power of the engine should be commensurate with the sitting capacity of the boat/cruise to be operated at a comfortable speed. Under no circumstances the boat/cruise is to be plied with submerged load line;

 

 

(d)      all kinds of boats should have a provision for mooring the boats to the bank either by punting or rowing in case of engine failure;

 

 

(e)      the seats should be comfortable and with adequate legs space.

 

(f)       the weight should always be evenly distributed in the boat;

 

 

(g)      the boats must carry a first aid box as per rule 15;

 

 

(h)     adequate number of throw able rescue devices (lifebuoys) are carried on the boats etc;

 

 

(i)       adequate fire fighting arrangements are made on the boat etc; and

 

 

(j)       there should be rescue boat with a driver stand-by throughout the duration of operation. The area of operation should be clearly defined and be within the visual range of the rescue boat operator.

 

 

(IV)   waterskiing and Fun Rides using Power Boat which includes Ski Boarding,Wakeboarding, Water Skiing and Fun Rides like Tube Ride/Banana Ride/Ringo Ride/ Donut Ride:-

 

 

(a)      water sports unit (s) and all other auxiliary machinery, life saving appliances, fire appliances and other equipment (s) intended to be used in an operation are required to be manufactured by a company registered in India as per quality norms and standards prescribed for these by IRS (Indian Register of Shipping) or imported from an international organization/company of repute, manufacturing aforementioned articles as per prescribed quality norms and standards;

 

 

(b)      the power boat used must have adequate power (minimum 40 HP)

 

 

(c)      there should be rescue boat with a driver stand-by throughout the duration for which the power boats are in water. The area of operation should be clearly defined and be within the visual range of the rescue boat operator.

 

 

(V)     water scooter/Jet Ski/Personal Water Craft (PWC):-

 

 

(a)      water scooter/Jet Skiing/Personal Water Craft (PWC) must be manufactured by a company registered in India as per quality norms and standards prescribed for these by IRS (Indian Register of Shipping) or imported from an international organization/company of repute, manufacturing aforementioned articles as per prescribed quality norms and standards.

 

(b)      these water sports units are to be operated strictly within the limits of designated area;

 

 

(c)      riding close to other boats, jumping wake boats or waves and fast approach towards to the jetty is forbidden;

 

 

(d)      the rides should be manned by a qualified driver and he has to ensure that the passengers wear snugly fitted buoyancy aids throughout the ride;

 

 

(e)      a qualified boat driver shall always sit behind during the ride and shall ensure that the speed limit and safety instructions are followed by the rider.

 

 

(f)       customer shall be thoroughly briefed on the controls of the Jet Ski and basic procedures during its handling. Drivers sitting behind on such a ride shall ensure that speed limit and the safety instructions are followed by the rider so as to avoid accident and injury to others. If the customer disobeys the instructions, the driver shall immediately take over control. The successful completion of familiarization shall be recorded on the undertaking;

 

 

(g)      independent riding of jet ski by its customer can be permitted only after conducting a short familiarization lesson as per "jet ski" familiarization check list issued by National Institiute of Water Sports (NIWS). Successful completion of familiarization shall be recorded on the undertaking by the participants as per Rule-13 (ix). Children below 18 years of age shall not be allowed to undertake independent Jet Ski ride;

 

 

(h)     the jet skis/water scooter/PWC provided with outboard motors shall have automatic engine cut out arrangements in case of craft capsizing. It shall mandatory for all Operators to put on the keel cord at all times when on board their craft. If the engine is running without proper attachment of the keel cord or if the mechanism is bypassed it will be viewed as a violation of safety norms; and

 

 

(i)       there shall be rescue boat with a driver stand-by throughout the duration of operation. The area of operation shall be clearly defined and be within the visual range of the rescue boat operator.

 

Rule - 15. Duties of Operator :-

 

It shall be the duty of operator.-

 

 

(i)       to display information as per FORM-5 at the site of operation and in the local office for the knowledge of tour participants of water sports and allied activities;

 

 

(ii)      to display by using paint identification number and carrying capacity on each water sports unit;

 

 

(iii)     to abide by the safety norms prescribed in these rules;

 

 

(iv)    to insure the participants for third party insurance as per carrying capacity of the boat and water sports machine to the extent of five lakh per participant;

 

 

(v)      to charge from the participants rates approved for each water sports activity and display the same prominently and to provide receipt for rate charged for the water sports activity;

 

 

(vi)    to report all incidents/accidents immediately to the Association concerned/District Administration / Chairman, Technical Committee / Dy. Director Tourism & Civil Aviation;

 

 

(vii)   to ensure that the activities are carried out only in permissible season and during day time and the activities are carried on only in demarcated areas;

 

 

(viii)  the operator shall keep first aid kits consisting of triangular bandages, sterile pads, gauze roller bandages, pressure bandages, first aid adhesive tape, splints, scissors, as a bare minimum both in the reception-cum-ticket counter and in each boat;

 

 

(ix)    to keep the environment clean and ensure that the pollution is not caused in water bodies and aquatic life is not harmed due to oil spills, plastic waste and any type of garbage and dustbins are placed near the jetty/ramp, ticket window;

 

 

(x)      to keep copy of registration certificate, approved rates duly certified by the Deputy Director Tourism/ DTDO/ ATDO or any officer authorized by him at all times at the site of operation and in his office;

 

 

(xi)    to submit the indemnity Bond to the Government as per Annexure-A at the time of registration;

 

 

(xii)   to get an undertaking from the participant as per Annexure-B before the start of operation;

 

 

(xiii)  to maintain a Log Book as per Annexure-C for each water sports unit which shall be a record of usage, inspections, repairs and safety measures undertaken by operator. The Log Book shall be duly numbered in duplicate certified by the Deputy Director Tourism/ DTDO/ ATDO or any officer authorized by him.

 

 

(xiv)  to maintain and keep a Complaint/Suggestion Book at the reception counter duly certified by Tourism Department;

 

 

(xv)   to maintain a Receipt Book as per Annexure-D which shall be duly numbered in duplicate for receipt of payments.

 

 

(xvi)  to maintain proper record on the computer if computer is used for billing/receipt and keep soft/hard copies of the same;

 

 

(xvii) to get all the bill books and registers duly verified by the prescribed authority or its representative and produce it on demand to authorized officers/officials;

 

 

(xviii)   to produce all records on demand to authorized officers/officials; and

 

(xix)  not to violate any of the terms and conditions of the registration;

 

 

(xx)   to ensure:

 

(xxi)  the safe storage of inflammable items.

 

 

 

(xxii) provision of rescue boat, first aid box and other required safety equipments;and

 

 

(xxiii)   that the boatmen, boat drivers and lifeguards prominently display their certificates of registration during operation.

 

 

(xxiv)   that the boat/power boat etc. is used for tourism purposes only and participant adhered strictly to the norms laid down in these rules.

 

Rule - 16. Claim on account of any mishap :-

 

The State Government/Tourism Department, shall, in no way be responsible for any claim on account of any mishap, injury or loss of life during operation.

Rule - 17. Conduct of participants :-

 

(1)     The participant(s) while undertaking a water sports activity:-

 

 

(i)       shall not carry any dangerous items resulting in any fire hazard;

 

 

(ii)     shall not carry food stuffs, plastic products and any other offensive articles; (iii) shall not obstruct the driver/crew in discharge of their duties;

 

 

(iii)    shall not damage the water sports unit/other equipments;

 

(iv)    shall not be drunk or disorderly or incapable of taking care of himself;

 

(v)     shall not commit any nuisance or act of indecency, or use unparliamentarily language or interfere with the comfort of fellow participants; and

 

(vi)    shall not insist to allow participation in a water sports unit, if it is already loaded to its full capacity.

 

(2)     The boatman/ boat driver/person incharge of water sports unit may refuse to admit or disallow his/her continuance in the water sports unit in case of violation of aforementioned norms of conduct.

Rule - 18. Collection of User Fee :-

 

The operator (s) shall, pay the following user fees at the time of registration:-

 

 

(i)       Boat - Rs. 200/- per seat per year

 

(ii)      Motor Boat - Rs. 5000/- per year

 

 

(iii)     Cruise - Rs. 25000/- per year

 

(iv)    Any other water sports unit - Rs. 3000/- per unit per year

 

CHAPTER 5

 

MISCELLANEOUS PROVISIONS

Rule - 19. Formation of Associations :-

 

In order to conduct Water Sports and Allied Activities safely and to ensure proper co-ordination and transparency the Water sports and Allied Activities Operators are at liberty to form and register Sub Division/District Level Associations. The associations will provide all possible assistance to the Tourism Department and shall take appropriate measures to promote the welfare of all concerned involved in the operation of Water Sports and Allied Activities and the participants. The associations shall be responsible for the cleanliness and protection of ecology and environment of the demarcated areas of operation and its surroundings.

Rule - 20. Inspections :-

 

(1)     The Prescribed Authority or Assistant Tourism Development Officer specifically authorised by the Prescribed Authority shall conduct annual inspection of each registered operator with in his/her jurisdiction between the months of January and March each year for ensuring compliance of the provisions made in these rules.

 

 

(2)     The prescribed authority may at any time, either its own or on receipt of a complaint, get the inspection conducted through the technical authorities from Water Sports Centre and concerned HP PWD(Mechanical) authorities to conduct inspection to ensure compliance of safety norms.

 

 

(3)     The authorised officers/officials may conduct inspections of an operator within his/her jurisdiction for ensuring compliance of the provisions made in these rules.

Rule - 21. Duties and responsibilities of Department of Tourism :-

 

The Department of Tourism shall take appropriate steps for.-

 

 

(i)       conducting training for enhancement of skills relating to water sports and allied activities for creation of self employment opportunities;

 

 

(ii)      development of infrastructure at places where water sports activities are being operated for providing facilities to the tourists;

 

(iii)     installation of informatory boards in water sports activity areas;

 

 

(iv)    creation of data base and inventory of water sports and allied activities operators and dissemination of water sports related information on website;

 

 

(v)      providing training to the officers and officials of tourism and other related Departments;

 

 

(vi)    issuance of notification for determination/variation in the rates of various fees to be charged under these rules and the directions for the utilization of the aforesaid fees for the promotion of water sports and allied activities;

Rule - 22. Timely warning regarding release of water from Dams :-

 

It shall be duty of the concerned Dam Reservoir Authorities to ensure timely warning to all operators operating in Dam Reservoir and down streams and concerned water sports associations through public announcements/SMS/email before release of water from the Dams.

Rule - 23. Permission for Conducting Trainings :-

 

The Prescribed Authority shall be competent to allow the training activities for any underwater/surface-water sports by a registered/recognized water sports associations/federations and government institution on the recommendation of the Technical Committee under intimation to the local administration.

Rule - 24. Suspension or Cancellation of Registration :-

 

The Prescribed Authority may suspend or cancel the registration of an operator/boatman/motor boat driver/crew member etc. for commission of breach of rules as to safety norms and repeated violation of other rules after giving reasonable opportunity of being heard. In case of cancellation of registration the security deposit shall be forfeited to the Government.

 

 

Schedule I

 

(See rule 3)

 

 

FORM

 

{See rule 4(1)}

 

Application for Registration of Water Sports and Allied Activities Operator

 

To

 

The Deputy Director,

 

(Prescribed Authority)

 

Tourism & Civil Aviation,

 

______________________ , Himachal Pradesh

 

Sir,

 

It is submitted that I/We may be registered as Water Sports and Allied Activities Operator under the Himachal Pradesh Water Sports and Allied Activities, Rules, 2021 for the following activities in the water body mentioned below. The particulars required for the purpose are given below:-

 

 

1. Name of applicant

 

 

2. Fathers Name

 

 

3. Date of Birth (attach matriculation certificate or other proof)

 

 

4. Permanent address (attach permanent residence proof/bonafide certificate)

 

 

5. Address for the correspondence Local office address email and contact no.

 

 

6. Area of Operation

 

(a)          Name of Water Body

 

(b)          Place

 

(c)          Detail of specific area applied for

 

7.            Indicate the activities to be undertaken :

 

 

16. Other Activities? (Water Sports and Allied Activities which can be applied for: boating on a country boat, paddle boating, power/speed boating, boating on a house boat, leisure trip on a cruise, Wake boarding, Water Skiing, Jet Skiing, Ski Boarding, Water scooter, Fun Rides like, Tube Ride, Banana Ride/Ringo Ride/Donut Ride Rowing, Kayaking, Canoeing).

 

 

8. Details of water sports units and other equipments as per Part-I

annexed (Including Original and photocopies of bills / certificates etc.) yes/no

 

 

9. Details of Manpower as per Part-II annexed (boatman, motor boat driver, life guard, crew members etc.) yes/no

 

 

10. Details of rescue team (s)/boat (s)

 

11. Details of Demand Draft: Bank Draft No........................Date........................

 

12. Experience Certificate, if any

 

 

13. Indemnity bond attached yes/no

 

 

14. Affidavit duly attested by Executive Magistrate to the effect that he/she does not possess any disqualification mentioned under clause (b) & (c) of section 29 of the H.P, Tourism Development and Registration Act,2002. Yes/No Yours faithfully,

 

Dated: Signature of the applicant

 

Place: Name _________________

 

Address ________________

 

........................

 

 

 

 

PART-I

 

Details of Water Sports Units and Equipments

 

A.    Water Sports Units (WSU)

 

B.    Details of other equipments

 

Signature of the applicant

 

Name ________________