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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
➢ EXTRAORDINAIRE EXTRAORDINARY
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▪ ➢ 2018 } | 12 {
No. 57 Poudouchéry Vendredi 1 2 Octobre 2018
No. Puducherry Friday 12th October 2018
( 20 Asvina 1940 )
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF INDUSTRIAL DEVELOPMENT (TOURISM)
(G.O. Ms. No. 02/Tsm./2018, Puducherry, dated 11th October 2018)
NOTIFICATION
The Lieutenant-Governor of Puducherry is hereby pleased to approve the proposal for the development, promotion and safe operation of recreational water sports and adventure sports activities applicable to the coastline and water bodies within the Union territory of Puducherry and
[ 823 ] 824 LA GAZETTE DE L'ETAT [PART–II
for the said purpose, hereby notifies the "Puducherry Water Sports and Adventure Sports Guidelines, 2018" for implementation in the Union territory of Puducherry, as appended to this notification in the Annexure-"A".
(By order of the Lieutenant-Governor)
L. MOHAMED MANSOOR, Additional Secretary to Government (Tourism).
ANNEXURE – A
Guidelines for Puducherry Water Sports and
Adventure Sports Guidelines, 2018
1. Short title and commencement.—(a) These guidelines shall be called as the "Puducherry Water Sports and Adventure Sports Guidelines, 2018".
(b) They shall come into effect on and from the date of its
publication in the Official Gazette.
2. Objectives.—These guidelines shall aim for the development, promotion and safe operation of recreational water sports and adventure sports activities in the Union territory of Puducherry in order to promote tourism.
3. Scope of the guideline.—(a) These Guidelines shall be applicable to the entire Union Territory and the adjacent coastline, for undertaking water sports activities, above and below the surface of water and other land based adventure activities.
(b) They shall be the sole and exclusive set of Guidelines, for development and promotion of water sports and adventure sports activities in the Union territory of Puducherry and in case of any conflict or ambiguity in relation to Guidelines issued by other Departments in Puducherry, then, as far as purely recreational water sports and adventure sports activities are concerned, these Guidelines shall prevail.
(c) These Guideline will not be applicable for training, Police,
Fire Service and Military training.
4. Definitions.—In these Guidelines, unless the context otherwise
requires:—
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PART–II] LA GAZETTE DE L'ETAT
(a) "Adventure Sports Operator" means a person operating adventure sports, such as All Terrain Vehicle (ATV), Zip-line, Go-Carting, Wind Surfing, Paragliding, Hot Air Ballooning, etc. It/He shall be a registered firm, company or individual or group of individuals governed under the provisions of the Companies Act, 2013, the Income-tax Act, 1961 and Goods and Services Tax Act, 2016.
(b) "Annual Premium" means the fixed charges collected by the Department of Tourism from the registered operator who are operating their business from the Government land. This shall be fixed on case to case basis taking into account of extent of land required, operators past experience and assets available, in consultation with the Puducherry Water Sports and Adventure Sports Committee and the approval of the Government.
(c) "ATOAI" means Adventure Tour Operator Association of
India, New Delhi.
(d) "Boat" includes a house boat, motor boat, motor launch,
pedal boat, rowing boat, parasailing and canoe.
(e) "Committee" means the "Puducherry Water Sports and Adventure Sports Advisory Committee" constituted by the Government of Puducherry with representatives from all related Government Departments and stakeholders for developing and promoting safe Water Sports and Adventure Sports Operations at selected locations in the Union territory of Puducherry.
(f) "Department" means the Department of Tourism, Government
of Puducherry.
(g) "Fair weather season" means:
(i) In the Arabian Sea, the season begins from the 1st
September and ending on 31st May; and
(ii) In the Bay of Bengal, the season begins from the 1st
December and ending on 30th April.
(h) "Foul weather season" means:
(i) In the Arabian Sea, the season begins from the 1st June
and ending on 31st August; and
(ii) In the Bay of Bengal, the season begins from the 1st May
and ending on 30th November.
826 LA GAZETTE DE L'ETAT [PART–II
(i) "Government" means the Administrator appointed under
Article 239 of the Constitution of India by the President of India.
(j) "Inland Vessel Limit (IVL)" means the plies limit in the water bodies to be notified by the Department of Port, Government of Puducherry from time to time as Inland Waters.
(k) "Inland Vessel (IV)" means a mechanically propelled vessel, which ordinarily plies on inland water, but, does not include fishing vessel and a ship registered under the Merchant Shipping Act, 1958.
(l) "NIWS" means National Institute of Water Sports, Ministry
of Tourism, Government of India, Goa.
(m) "Prescribed Authority" means the Director of Tourism
Department, Government of Puducherry.
(n) "Registration Fee" means the fee charged by the Department
of Tourism as charges for registration of operator.
(o) "Renewal Fee" means the fee charged by the Department
of Tourism as charges for renewal of registration of operator.
(p) "Security Deposit" means the amount collected by the Department of Tourism as security against breach or default on non- compliance of the terms and conditions or any other violations. The amount deposited by the operators for this purpose shall not carry any interest and shall be refunded upon expiry/surrender of registration, subject to deductions, thereupon.
(q) "User Fee" means the charges to be paid to the prescribed authority by the registered operator for the operation of water sports.
(r) "UT" means the whole of Union territory of Puducherry inclusive of Pondicherry District and Karaikal District pursuant to G.O. Ms. No. 37, dated 26-5-2005 of the Confidential and Cabinet Department, Government of Puducherry.
(s) "Water Body and Beach Management Committee" means the Committee constituted by the Department of Tourism for management of identified water body and beaches.
(t) "Water Sports Operator" means a person or entity either o wning o r o p er ating o r p r o p o sed to o p er ate water sp o r ts such as pleasure boating, ferry service, parasailing, jetski, kayaking, 827
PART–II] LA GAZETTE DE L'ETAT
water skiing/towing, canoeing, rafting, scuba diving, etc. to the tourists in or inland waters or both, in the Union territory of Puducherry. It/He shall be a registered firm, company or individual or group of individuals governed under the provisions of the Companies Act, 2013, the Income-tax Act, 1961 and Goods and Services Tax Act, 2016.
5. Permissible water sports and adventure sports activities.—The following activities are covered under the scope of Water Sports and Adventure Sports and includes allied sports activities as amended from time to time, after necessary consultation with the National Institute of Water Sports (NIWS), Adventure Tour Operator Association of India (ATOAI) and other stakeholders:–
(a) Motorized and Towed activities :
(i) Pleasure Boating using power boats/FRP boats from jetty or ramp or beaches where embarkation and disembarkation of passengers can be carried out safely.
(ii) Banana Rides
(iii) Jet-skis
(iv) Water skiing and fun rides - using power boat and Jet-ski.
(v) Wind surfing on a flat water using wind for propulsion in combination with sails within the visual range of the rescue boats.
(vi) Sailing
(b) Non-motorized activities:
(i) Scuba Diving/Snorkelling
(ii) Canoeing
(iii) Kayaking
(c) Adventure Sports activities :
(i) All Terrain Vehicle (ATV)
(ii) Zip-line and rope courses
(iii) Go-Carting
(iv) Wind Surfing
(v) Paragliding
(vi) Hot Air-Ballooning 828 LA GAZETTE DE L'ETAT [PART–II
6. Role of Government Departments in the Guidelines.—The Government of Puducherry has formulated the following guidelines towards the conduct of water sports and adventure sports activities, for strict compliance:–
(a) The Government of Puducherry through its various Departments shall have absolute right and control over various water bodies within the jurisdiction of the Union territory of Puducherry, including the backwaters, check-dam, lakes, rivers, ponds and the coastal waters.
(b) The Government of Puducherry shall formulate essential policies or guidelines or issue advisories and make necessary modifications, as may be found necessary from time to time, for the systematic development, promotion and operation of water sports and adventure sports, in the entire Union Territory through the Department of Tourism, in order to promote the concept of Safe and Honourable Tourism.
(c) The Government of Puducherry hereby designates the Department of Tourism to function as the Nodal Department for development, promotion and safe operation of the water sports and adventure sports and issue of necessary permission for operation of water sports and adventure sports in the entire Union Territory and all the other related Departments like Department of Ports, Department of Fisheries, Public Works Department, Police Department, Department of Revenue and Disaster Management, Fire Service Department, Department of Science and Technology, etc., shall coordinate and assist the Department of Tourism in smooth discharge of its functions in the Union Territory, for the promotion, development and safe operation of water sports and adventure activities.
7. Terms and Conditions for grant of permission for operation of
Water Sports and Adventure Sports Activity.—
(a) Designation of Areas for Water Sports and Adventure Sports Activities: Water Sports and Adventure Sports Activities shall be allowed as per 'Beach Management Plan or Water Body Management Plan' on case to case basis, prepared by the Department of Tourism from time to time. "Beach Management Plan/Water Body Management Plan" me a n s a p l a n d e v i s e d f o r s a f e o p e r a t i o n o f Wa t e r S p o r t s a n d 829
PART–II] LA GAZETTE DE L'ETAT
other Adventure activities. The plan will clearly outline areas and different activities, carrying capacity of the beach and infrastructural and institutional requirement for implementation of such Management Plan. An indicative Management Plan and locations identified initially are given separately in "Annexure-1".
(b) Registration
(i) No person shall in the Union Territory carry on the business of water sports operator, adventure sports operator, unless, he is registered in accordance with the provision of this Guideline.
(ii) Every person intending to start water sports and adventure sports business shall apply for registration to the "Prescribed Authority" in the prescribed manner, along with the prescribed fee.
(iii) Every application made under shall be disposed of within a period of one month from the date of receipt of the application.
(iv) Certificate of Registration: The prescribed authority shall, unless registration is refused, direct that the name and particulars of the person starting business be entered in the register maintained for the purpose and issue a registration certificate to the person, in the prescribed Form, subject to such terms and conditions and on payment of such fees as prescribed.
(v) Renewal of Certificate of Registration: The Certificate of Registration issued under above shall be valid for a period of one year from the date of issue and shall be renewable before 30 days of its expiry on payment of renewal fee as prescribed.
(vi) Disqualification for Registration: The prescribed authority may refuse to register the business, as specified above on any of the following grounds namely:
(A) If, the applicant does not possess essential requirement
or qualifications as prescribed;
(B) If, he has been declared as an insolvent by a Court of
competent jurisdiction and has not been discharged.
(vii) Security deposit: Each water sports and adventure sports operator shall furnish a onetime refundable Security Deposit of ` 50,000 (Rupees fifty thousand only) in the form of Demand Draft drawn in favour of "The Director, Tourism Department, payable at Puducherry". In case of default or breach of or non-compliance of 830 LA GAZETTE DE L'ETAT [PART–II
any of the terms and conditions of these guidelines or any other violations, as are prohibited under the prevailing laws, the Security Deposit made by the applicant shall be forfeited. The Prescribed Authority will issue necessary notice calling explanation from the operator before forfeiting the Security Deposit. The deposit made by the applicant shall be refunded without any interest subject to deductions, upon the outstanding payment by the operator, after the operator opts to quit the activity. The Security Deposit shall be forfeited due to default or breach of non-compliance of the terms and condition, or any other violations.
(viii) Registration fee: An amount of ` 25,000 plus applicable GST is fixed as Registration fee and ` 10,000 plus applicable GST as Renewal Fee for water sports and adventure sports operators.
(ix) User fee: The User fee for operation and water sports and adventure sports on the water bodies is appended in the Annexure-2.
(x) Annual premium: Annual charges shall be collected from the registered operator who are operating their business from the Government land. This shall be fixed on case to case basis taking into account of operators past experience and assets available, in consultation with the Puducherry Water Sports and Adventure Sports Committee and after the approval of the Government.
(c) Selection of Water Sports/Adventure Sports Operator for
operation using Government land:
(i) The Department of Tourism by an open advertisement and bid process, appoint one or more operator for smooth management, operation and conduct of Water Sport and Adventure Sports Activities in various parts of the Union Territory. The period of operation, technology and scope of work of the agency shall be identified and finalised by the Department, so that the conduct of water sports activities is carried on smoothly, in the interest of the tourists and other stakeholders.
(ii) In addition to the Registration fee and User fee, an Annual Premium for usage of Government land/beach shall be charged from the operator, which will be fixed by the Department on case to case basis, considering the area required for operation 831
PART–II] LA GAZETTE DE L'ETAT
and type of activities proposed by the operator, in consultation
with the Puducherry Water Sports and Adventure Sports Advisory
Committee and after the approval of the Government.
(iii) The Department of Tourism shall not provide any
financial assistance for their operation as well as for procurement.
(d) Standard operating procedure for operator
(i) The water sports and adventure sports activities shall be
carried out preferably between 6.00 a.m. and 6.00 p.m. If required,
the activity may be carried between 6.00 a.m. and 7.30 p.m. with
sufficient lighting. No water sports and adventure sports activities
shall be carried out in unsafe weather conditions, monsoons, period
of storm, or any such period banned or notified by the Competent
Authority such as Metrological Department, Department of Port,
Department of Fisheries, etc.
(ii) All safety standard and norms laid down by NIWS,
ATOAI or any other authorised agency designated for that
purpose, shall be strictly followed by all the registered operators.
(iii) The operator shall produce a certificate issued by NIWS
or any other authorised agency as may be approved by the
Department of Tourism, Government of Puducherry, as the case may
be, showing that the Crew has been trained for (A) manning and
operating the boat/equipment. (B) life saving techniques.
(iv) All water sports operators shall employ and engage only
well trained personnel certified by National Institute of Water
Sports or any other reputed Institute as may be specified by the
Department of Tourism, Government of Puducherry. All the
personnel shall be trained to deal with emergency situations and
rescuing procedural and techniques.
(v) In case, wherever, National Institute of Water Sports
(NIWS) guidelines are not applicable, any national or international
accreditation like Adventure Tour Operators Association of India
(ATOAI), Professional Association of Diving Instructors (PADI),
the National Association of Underwater Instructors (NAUI) and
Scuba School International (SSI) shall be applied for the activities.
832 LA GAZETTE DE L'ETAT [PART–II
(vi) The operators and their personnel shall cooperate and follow all instructions given by the Committee, the Department or any beach safety agency appointed by the Department and Police/ Coast Guard.
(e) The standard operating procedures for Water Sports and
Adventure Sports Activity
(i) The operator shall observe all safety norms issued by the
NIWS and ATOAI, from time to time.
(ii) The operator shall undertake Surface Adventure Water Sports activity at the identified location, decided by the Department of Tourism, Government of Puducherry.
(iii) The operator shall display the carrying capacity of the boat (as in the Registration Certificate), emergency contact details, validity of registration and the display will be of appropriate size in English, at a prominent place inside the boat and easily visible to the passengers.
(iv) The operator shall always have the Registration Certificate or its copy on board, at all times and shall produce it, on demand by the officers of the Department or by any law enforcing authority, appointed by this Administration.
(v) The operators are free to fix the rate, based on his activity, area and investment and shall display the rates prominently at the place of activity and it shall be intimated to the Department, at all time prior before revision of hike.
(vi) The operator shall ensure–
(A) safe storage of inflammable items (like in jerry canes, stoves, gas cylinders, etc.) to be carried or kept in the vessel.
(B) sufficient number of buoyancy aids for all age groups.
(C) all passengers wear life jackets/buoyancy aids.
(D) even distribution of weight on the vessels used for
the purpose
(E) the operators shall have to made available one rescue boat in full readiness powered by Outboard Motor (OBM).
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PART–II] LA GAZETTE DE L'ETAT
(vii) Jet skis and other water crafts provided with Outboard Motors shall have automatic engine cut out arrangement, in case of craft capsizing. In this case, it is 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.
(viii) All operators shall deliver a "safety brief" before
leaving the shore/jetty for–
(A) correct wearing of buoyancy aids.
(B) dos' and don'ts in case of a fire on board
(C) dos' and don'ts in case of capsize.
(D) dos' and don'ts in case of any health emergency.
(E) weather condition of the day.
(F) following best practices for cleanliness
(G) the dangers to and from the fauna in the water.
(ix) For Jet Ski operations following conditions need to be
satisfied, by the Operators
(A) Jet Ski should be operated beyond normal swimming area.
(B) Riding too close to other boats, jumping wake of boat or other waves and fast approaching to jetty is forbidden.
(C) The Jet Ski ride should be manned by qualified Driver and he has to ensure that the passengers on board should compulsorily wear snugly fitting buoyancy aids throughout the rides.
(D) A water sports centre may allow customers to drive a Jet Ski provided a qualified boat Driver seats behind during the ride and customer is thoroughly briefed on controls of Jet Ski, rules of water ways and basic seamanship during Jet Ski handling.
(E) The Jet Ski Driver sitting behind shall ensure that the speed limit and safety instructions are duly followed by the rider. Water Sports Centre can allow independent riding of Jet Ski by its customers, after an experience instructor holding Jet Ski certification from NIWS conducts a short familiarisation lesson.
834 LA GAZETTE DE L'ETAT [PART–II
(F) Children below 16 years should be accompanied by the
direct supervision of trained instructors.
(x) Wherever, the activity demands for the medical/fitness
certificate, the operator shall obtain the same from the user.
(xi) The operator shall maintain a register on annual maintenance/
repair record of all the equipments meant for the operations, and
shall produce it before concerned authorities, if so, desired.
(xii) Operators/Crew members shall ensure that pollution due to
plastic wastes, oil spills, etc. is not caused to marine environment.
They shall also ensure that no damage is caused to underwater
marine life.
(f) Standard operating procedure for boats
(i) All motor boats must be insured under these guidelines and
should be valid, during the entire period of its registration. There
shall be public liability insurance per accident and Personal
Accident Insurance per person, at all point of time as below.
Sl. Activity Coverage Coverage
No.
for public for personal
liability accident
insurance. insurance.
(1) (2)
(3) (4)
1 Pleasure Boating and Ferry service ` 15.00 lakhs ` 5.00 lakhs
using power engines. per accident. per person.
2 Jet Skis
` 10.00 lakhs ` 5.00 lakhs
per accident. per person.
3 Banana boat, fun rides and other ` 10.00 lakhs ` 5.00 lakhs
towable activity using Jet Skis or per accident. per person.
power boat.
4 Pedal Boat and Row Boat ` 10.00 lakhs ` 5.00 lakhs
per accident. per person.
5 Kayaking and Canoeing/Rafting ` 10.00 lakhs ` 5.00 lakhs
per accident. per person.
835
PART–II] LA GAZETTE DE L'ETAT
(1) (2)
(3) (4)
6 Scuba Diving/Snorkelling ` 10.00 lakhs ` 5.00 lakhs per accident. per person.
7 Parasailing ` 20.00 lakhs ` 5.00 lakhs per accident. per person.
Provided further that the operator shall be solely responsible to compensate for or pay towards any damage or injury or loss of life as may be ordered by any competent authority under the law.
(ii) The registration of boat and regular maintenance are the responsibility of the operator. The operator should get certification for the boats for its sea/river worthiness from IRS/MMD or Certified Marine Surveyor.
(iii) Capacity of the boat as certified shall be mentioned in the
registration number plate and must be complied with, strictly.
(iv) Area of operation shall be clearly specified by the operator and the same shall be strictly followed for the activity prescribed.
(v) The registration certificate for the operator issued by the Department shall be made available at all times. The registration shall be valid for one year only.
(g) Standard operating procedure for equipment
(i) Those water sports equipments not requiring licence or certification either from Mercantile Marine Department or the Captain of Ports, shall require certification from National Institute of Water Sports (NIWS) or any other agency, as may be approved by the Department of Tourism, Government of Puducherry.
(ii) All life saving equipments as per the prescribed standards must be made available on board/at the bank/beach, as the case may be.
(8) Authorities/Bodies for implementation of the Guidelines.—
(a) Composition of Puducherry Water Sports and Adventure Sports Advisory Committee: The Department of Tourism, Government of Puducherry shall constitute a Water Sports and Adventure Sports Advisory Committee, which shall guide and advise the Tourism 836 LA GAZETTE DE L'ETAT [PART–II
Department for promotion, recommendation, development, inspection/
regulation of water sports, adventure sports and beach activities, including safety measures and capacity development of stakeholders.
It shall provide assistance in seeking interdepartmental coordination and also leveraging expertise available in different Departments in the field
of water sports and adventure sports activity. A Committee under the Chairmanship of Secretary (Tourism) with the following Members is
constituted.
(i) The Secretary to Government (Tourism) . . Chairman
(ii) The Deputy Collector (North and South) . . Member
(iii) The Director of Ports
. . Member
(iv) The Chief Engineer, Public Works Department . . Member
(v) The Director of Fisheries
. . Member
(vi) The Member Secretary,
. . Member
Puducherry Coastal Zone Management Committee
Pollution Control Board.
(vii) The Member-Secretary, Puducherry Planning . . Member
Authority.
(vii) The Commissioner, Pondicherry Municipality . . Member
(viii) The Commissioner, Oulgaret Municipality . . Member
(ix) The Commissioner of respective Panchayat . . Member
(x) The Superintendent of Police (Coastal Police) . . Member
(xi) The Divisional Fire Officer
. . Member
(xii) The Representative from Coast Guard, Puducherry . . Member
(xiii) The Representative from National Institute of . . Member
Water Sports, Goa.
(xiv) The Representative from Pondicherry Sailing . . Member
Association.
(xv) The Director of Tourism . . Member-
Secretary.
837
PART–II] LA GAZETTE DE L'ETAT
(i) Duties and responsibilities: The Committee will scrutinize the applications, inspect the sites and equipments, guide and advise the Department of Tourism for promotion, recommendation, development of water sports, adventure sports and beach activities including safety measures and capacity development of stakeholders. It shall provide assistance in seeking interdepartmental coordination and also leveraging expertise available in different Departments in the field of water sports and adventure sports activity.
(ii) Limitations: The Committee may recommend to issue a comprehensive NOC only for the activities of the operator. If, the operators required to obtain any clearance other than the activities like building, boat, waste management, power, Local Body, irrigation, road, environment, the Committee may recommend the same to the concern Department for necessary action.
(iii) Convening frequency: The Committee shall convene once
in two months or need based as and when found necessary.
(b) Composition of Water Body and Beach Management
Committee
The Department of Tourism, Government of Puducherry shall constitute a Water Body and Beach Management Committee with the following composition :
(i) The Director of Tourism . . Chairman
(ii) Tahsildar of the area concern . . Member
(iii) Commissioner of the concerned Municipality/Panchayat . . Member
(iv) Block Development Officer of the area . . Member
(v) Representative from the operators . . Member
(vi) Representative from the fishermen association . . Member
(i) Duties and Responsibilities: The Committee shall assist the Department in preparing the Water Body and Beach Management Plan and smooth operation of water sports and adventure sports activities. It shall provide assistance in seeking interdepartmental coordination and also leveraging expertise available in different Departments in the field of water sports and adventure sports
activity.
838 LA GAZETTE DE L'ETAT [PART–II
(ii) Tenure: Until the revision made by the Department of
Tourism, Government of Puducherry.
(iii) Convening frequency: The Committee shall convene once
in two months or need based as and when found necessary.
(c) Department of Tourism
The Department of Tourism shall function as the Nodal
Department for promoting all sorts of water sports activities. All other
related Departments like Revenue and Disaster Management, Police, Port,
Fisheries, Fire Service and Environment, etc., shall cooperate and assist
the Directorate of Tourism, in smooth discharge of its function for
promotion and development of Water Sports and Adventure activities.
The Director of Tourism Department for the purpose of
streamlining and regulating the water sports activities may request
resources from these Departments in terms of men, materials,
equipments, expertise on case to case basis, as may be found necessary,
with necessary prior approval of the Government.
9. Appeal.— Any person aggrieved by any order of the Director
of Tourism may within fifteen days from the date on which the order
was communicated to him shall, prefer an appeal before the Secretary to
Government (Tourism). The order issued by the Directorate shall be in
force, till the appeal is decided.
10. Removal of difficulties.—In case of any difficulty arising in
the course of implementation of this Guidelines, the decision of the
Government shall be the final. Failure to comply with any of the above
conditions and furnishing of incorrect information by the water sports
operators, the said water sports operator shall be debarred for a
minimum period of three years and the amount deposited as Annual
Premium/User Fee/Security Deposit shall be forfeited by the Government
to the Treasury. The Government shall be the Competent Authority to
issue necessary amendments for effective implementation of the
Guidelines.
839
PART–II] LA GAZETTE DE L'ETAT
ANNEXURE – 1
Water Body and Beach Management Plan
The Water Body and Beach Management Plan in this case is limited to conduct of water sports activity. A Water Body and Beach Management Committee has to be constituted in the Department of Tourism for individual beaches. The local Tahsildar, Executive Officer of the Panchayat/Municipality or the Block Development Officer as the case may be, shall be the Members. One Member of the operators has to be included in that Committee.
1. Identification of locations for water sports activity.— (a) The following areas in the Union Territory are identified initially for water sports and adventure sports activities.
Region : Puducherry
* Chunnambar
* Kanakan Lake, Kirumampakkam Lake and Velrampet Lake
* Backwater/Lagoon at Mullodai
* Backwater at Thengaithittu
* Pond at Chinna Veerampattinam Beach
* New Beach, opposite to Chief Secretariat
* Beach at Kalapet, Dubrayapet, Veerampattinam, Chinna Veerampattinam, Chunnambar, Puthukuppam, Nallavadu, Moorthikuppam, Narambai and Manapet.
Region : Karaikal
* Arasalar
* Nanthalar River
* Karaikal Beach and Beach at Kezhakasakudi
Region : Mahe
* Mayazhi River
Region : Yanam
* Gowdami-Godhavari River
* Island Nos. 5 and 3 840 LA GAZETTE DE L'ETAT [PART–II
(b) The area on the beach which is most suitable to act as a
launch pad for water sports activity should be demarcated for water
sports activity. If, there is more than one operator, then the area shall be
so allotted, as to provide ample space for individual operators and does
not cause congestion. The allotment of area on the beach to different
operators shall be done, by drawal of lots. The area so demarcated shall
act as launch pad only for water sports activity and does not cover the
land requirement for storage of water sports equipment and ancillary
facilities like changing room, eating joints, etc. The operator has to make
arrangements to get land and raise the required infrastructures given
above, following norms as laid down from time to time, in case he wants
to set up those.
2. Activity mapping.—Specific areas on the beach need to be
mapped for specific activities such as motorized water sports, non-
motorized water sports, sun bathing, bathing, snorkelling, scuba diving,
beach volley ball, sand art for kids and adults, beach All Terrain Vehicle
(ATV) biking and so on. Special care needs to be taken for activities
such as para sailing and towed rides such as banana boats, etc.
3. Beach carrying capacity.—Every beach has a certain carrying
capacity in terms of the number of persons. Proper assessment has to
be made taking into account the usable area of the beach and limiting
the number of operators and their operations there.
4. Hazard identification.—Both On shore and Off shore hazard
mapping needs to be done. The areas which pose danger for water
sports activity, including non-motorized and individual activities such
as sun bathing and venturing into the sea waters, should be clearly
demarcated after a proper study of shore morphology and identifying
dangerous areas on the basis of local knowledge and incidences of
accidents and fatalities. Under any condition, no one should be allowed
to enter into such waters.
5. Weather related hazard identification.—Temporary weather
disturbances which can make venturing into the sea hazardous has to
be identified and the message should be clearly disseminated to
prohibit water sports activities, including individual activities such as
bathing.
841
PART–II] LA GAZETTE DE L'ETAT
6. Observation points.—Erected in the form of watch towers/raised platforms with PA systems and life saving equipments. There has to be, mandatorily, deployment of life guards, the number may be decided taking into account the number of visitors.
7. No Hawking Zone.—The beach has to be declared a "No Hawking Zone" and it should be ensured that there are no hawkers or temporary structures serving food and other items which may result in littering on the beach. It is advised that the Administration/Department may earmark a specific area, away from the beach area, for food joints which should be allotted following due procedure.
8. Public Parking.—Spaces need to be earmarked for parking of vehicles. It should be at a distance from the beach proper. In no case, the vehicles should be parked on the beach, other than beach All Terrain Vehicle (ATV) for commercial use. However, care should also be taken to see that the On-street parking is within walking distance to the beach.
9. Beach Access.—Since, the beach is a public asset, marked and developed beach accesses should be ensured. It should be ensured that the people have free and unhindered access to the beach.
10. Maintenance of Law and Order.—Adequate precautions need to be taken for maintenance of law and order. The instances of eve teasing, harassment of tourists by anti-social elements, unruly behavior after consumption of alcohol have to severely dealt with.
11. Recreational individual sailing activity.—The issue of individual private non-motorized sail craft storage (Yatch and sail boards) on the Beach may create some concerns. One method of addressing this concern may be to consider a system of temporary sail craft permitting for assembly of the sail craft.
12. Beach Nourishment and Maintenance.—Specific measures to control and arrest beach erosion must be taken. A long-term action will be developed by the Department in consultation with the coastal regulation authorities.
13. Signage.—Proper signage should be ensured at every beach destination. Areas dangerous for venturing into the sea need to have prominent signage. Signage should also be placed for demarcating the activity zones and for proper education relating to cleanliness and sanitation.
842 LA GAZETTE DE L'ETAT [PART–II
ANNEXURE – 2
User Fee to be paid by the operator for operation of Water Sports
and Adventure Sports on the Water Bodies
Sl. Type of Boat/Water Sports/ User fee No. Adventure Sports Equipment per year
(1)
(2)
(3)
1 Pleasure Boating and Ferry Service using power ` 5,000 per boat
engines.
2 Jet Skis
` 2,500 per Jet-Ski
3 Banana Boat, fun rides and other towable activity ` 500 per water
using Jet Skis or power boat.
skiing.
4 Pedal Boat and Row Boat ` 500 per boat
5 Kayaking and Canoeing/Rafting ` 500 per boat
6 Scuba Diving/Snorkelling ` 5,000 per boat
ANNEXURE – 3
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF TOURISM
Application for Registration/Renewal of Water Sports and
Adventure Sports Activities
1. Name of the applicant :
Photo of applicant o r authorized signatory
2. Office address for communication :
3. Operation address :
4. Person nominated for contact :
5. Phone/Cell No.
:
6. e-mail ID :
843
PART–II] LA GAZETTE DE L'ETAT
7. Place of operation : (1) Sea
(2) Backwater
(3) Coastal Area
(4) River
(5) Lake
(6) Pond
(7) Land
8. Operated by : (a) Firm
(b) Individual
9. Whether applicant is permanent :
resident of Puducherry/Karaikal/
Mahe/Yanam.
10. PAN No.
:
11. GST No.
:
12. AADHAAR No. (If, the applicant :
is individual)
13. Certificate of Registration / :
Incorporation No. (If, the applicant
is a firm).
14. Mention the type of water sports/ :
adventure sports planned.
15. M e n t i o n t y p e o f b o a t s a n d :
carrying capacity of each boats.
16. Latest Marine Surveyor Report :
for each boat about its worthiness
for operation.
844 LA GAZETTE DE L'ETAT [PART–II
17. Insurance details of each boat
with–
(i) N ame o f t he I n su r a nc e :
Company.
(ii) Policy No.
:
(iii) Date of Issue :
(iv) Period of Validity :
(v) Sum insured :
18. Insurance for ` 5.00 lakhs for each passenger and crew members details–
(i) N ame o f t he I n su r a nc e :
Company.
(ii) Policy No.
:
(iii) Date of issue :
(iv) Validity :
(v) Sum insured :
19. Public Liability Insurance–
(i) N ame o f t he I n su r a nc e :
Company.
(ii) Policy No.
:
(iii) Date of Issue. :
(iv) Validity :
(v) Sum insured.
:
20. Details of the Drivers operating
the boat–
(i) Licence to operate boat :
(ii) Certificate for Life Saving :
Technique.
21. Copy of the printed tariff for the :
activities.
22. Any other items :
845
PART–II] LA GAZETTE DE L'ETAT
23. Demand Draft drawn in favour of "The Director, Tourism
Department, Puducherry" for ` 25,000 as Registration Fee.
24. Demand Draft drawn in favour of "The Director, Tourism
Department, Puducherry" for ` 50,000 as Security Deposit.
25. Demand Draft drawn in favour of "The Director, Tourism Department, Puducherry" towards user fee for the boats as specified in the Annexure-2 of the Guidelines.
Declaration
I ................................................ hereby declare that I have read and shall strictly abide by the "Terms and Conditions" as stated in the "Puducherry Water Sports and Adventure Sports Guidelines, 2018" and all other orders/amendments relating to water sports and adventure sports activities in the Union territory of Puducherry, from time to time. I do agree that in case of default/violation or breach of non-compliance by me, relating to any of the terms and conditions under the guidelines or any violation, as are prohibited under prevailing laws, shall lead to immediate cancellation of my Registration/NOC and Annual Premium, User Fees/Security Deposit paid by me would be forfeited by the Government to the exchequer and necessary action would be taken against me, by the Department of Tourism, Government of Puducherry.
Date :
Place :
Seal and Signature.
————
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