[ 823 ]

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

Registered with the Registrar

of Newspapers for India under

No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by

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` 10-00

Prix : ` 10-00

Price : ` 10-00

Registered No.

PY/44/2018-20

WPP No. TN/PMG(CCR)/

WPP-88/2018-20

Dated : 12-10-2018

Price : ` 10-00





2018 } |

12 {

No.

57 Poudouchéry Vendredi

12

Octobre

2018

No.

Puducherry

Friday

12th

October

2018

( 20 Asvina 1940 )

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 activitiesin 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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(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

owning or operating or proposed to operate water sports such

as pleasure boating, ferry service, parasailing, jetski, kayaking,

827

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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

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[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”

means a plan devised for safe operation of Water Sports and

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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

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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

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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.

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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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(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

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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

:

2.

Office address for communication :

3.

Operation address

:

4.

Person nominated for contact

:

5.

Phone/Cell No.

:

6.

e-mail ID

:

Photo of

applicant

o r

authorized

signatory

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.

Mention type of boats and :

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) Name of the Insurance :

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) Name of the Insurance :

Company.

(ii) Policy No.

:

(iii) Date of issue

:

(iv) Validity

:

(v) Sum insured

:

19.

Public Liability Insurance–

(i) Name of the Insurance :

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.

————

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday