Camping and Mooring Sites Act, 2004 (1947 A. D.)

Act No. 12 of 2004

JK269

[Received the assent of His Highness the Maharaja Bahadur on 18th May, 1947 and published in Government Gazette dated- 5th Har, 2004.]

An Act for the regulation and control of camping and mooring sites in areas outside municipal limits of Srinagar (Kashmir).

Preamble. - Whereas it is expedient to provide for the regulation and control of camping and mooring sites in the camping grounds and mooring ghats outside municipal limits of Srinagar ; It is hereby enacted as follows :-

1. Short title, extent and commencement. - (i) This Act may be called the Camping and Mooring Sites Act, 2004.

(ii) (a) It extends to the notified area of Pahalgam, to the villages of Nasim Bagh, Shadipur, Ganderbal, Sonamarg, Achhabal and Kokarnag and the mooring sites along the Ningli Plantation.

(b) The Government may, by notification in the Government Gazette, direct that all or any specified part of this Act shall extend to any other place in the Kashmir Province.

(iii) It shall come into force on such day as the Government may, by notification in the Government Gazette, appoint in this behalf.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-

(a) "camping site" means a site in a camping ground demarcated for pitching of tents ;

(b) "camping ground" means any area which has been specified for camping purposes ;

(c) "mooring site" means a site where a set of house-boats may be allowed to moor ;

(d) "Director" means the Director Visitors' Bureau.

3. Prohibition to occupy site without permit. - No person shall occupy any camping or mooring site except under a permit granted in the prescribed form by the Director or any officer authorised by him in this behalf.

4. Production of permit. - Every person to whom a permit has been granted under section 3 shall produce the permit and receipt for the money paid for occupying camping or mooring site, for inspection of the Director or any officer authorised by the Director, at all reasonable hours when called upon to do so.

5. Power to make rules. - (1) The Government may, from time to time, make rules for the regulation and control of the camping and mooring sites in the areas to which this Act applies.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may-

(a) provide for the method of allotment of the camping and mooring sites and issuing of permits ;

(b) prescribe the conditions on which the camping and mooring sites shall be allotted and fix the rate of rent to be paid therefor ;

(c) fix the area of the camping and mooring sites and prescribe conditions on which reservation of camping and mooring sites may be permitted ;

(d) provide for inspection and better sanitary and hygienic conditions of camping and mooring sites ;

(e) determine the manner in which the occupiers of camping and mooring sites and their agents acting on their behalf in this respect, pitch tents or moor boats ; and

(f) prescribe forms of permits to be issued under this Act.

6. Penalty. - Any person who contravenes any of the provisions of this Act or of the rules made thereunder shall, on conviction before a Magistrate, be liable to a fine not exceeding rupees five hundred and in the case of a continuing offence to a fine not exceeding rupees fifty for each day on which the offence continues after such conviction.

7. Protection of acts under the Act. - No suit, prosecution or other legal proceedings shall lie against any person for anything, which is in good faith done or intended to be done in pursuance of this Act or,any rules made thereunder.