HOTEL, LODGE, RESTAURANT AND RESORT, BAR AND TOUR GUIDE RULES, 2038 (1981)

Government of Nepal
Ministry of Culture, Tourism and Civil Aviation
Department of Tourism

HOTEL, LODGE, RESTAURANT AND RESORT, BAR AND TOUR GUIDE RULES, 2038 (1981)

Prepared by Niti Partners and Associates is a leading law firm in Nepal.

In exercise of the powers conferred by Section 56 of the Tourism Act, 2035 (1978), the Government of Nepal has framed the following Rules.

CHAPTER – 1
PRELIMINARY

1. Short Title and Commencement: (1) These Rules may be called the “Hotel, Lodge, Restaurant and Resort, Bar and Tour Guide Rules, 2038 (1981)”.
   (2) These Rules shall come into force immediately.
2. Definitions: Unless the subject or context otherwise requires, in these Rules,—
   (a) “Act” means the Tourism Act, 2035 (1978).
   (b) “Department” means the Department of Tourism of the Government of Nepal.
   (c) “Director General” means the Director General of the Department.

CHAPTER – 2
REGISTRATION AND CLASSIFICATION OF HOTEL, LODGE, RESTAURANT AND RESORT, AND BAR

3. Registration of Hotel, Lodge, Restaurant and Resort, and Bar: Pursuant to Sub-section (2) of Section 10 of the Act, if any person desires to register his/her hotel, lodge, restaurant and resort, or bar as of tourist standard, he/she shall submit an application to the Department in the format prescribed in Schedule-1, along with an application fee of One Hundred Rupees.
4. Classification of Hotels: The Department shall classify hotels registered pursuant to Rule 3 based on the facilities available therein into standard tourist hotel, tourist resort, or any grade from One Star to Five Star.
5. Facilities Required in a Hotel: (1) A standard tourist hotel shall have at least the following facilities:—
   (a) There must be at least ten sleeping rooms, and all of them must have adequate natural light and ventilation.
   (b) Twenty-five percent of the rooms must have attached bathrooms (bath and toilet), and there must be a necessary number of bathrooms and toilets at the rate of one for every four remaining rooms.
   (c) All rooms must be well-equipped with modern furniture and good electricity arrangements.
   (d) All rooms must be decorated in a manner that reflects Nepalese art and culture.
   (e) Bathrooms and toilets must be fitted with good and durable fixtures and have adequate provision of hot and cold water.
   (f) The reception counter must be nicely decorated and, as far as possible, equipped with a telephone.
   (g) The dining hall and kitchen must be clean and hygienic with necessary equipment.
   (h) There must be proper arrangements for laundry.
   (i) Most of the senior staff must be experienced in the hotel business and capable of speaking English.
   (j) Staff uniforms must be clean, tidy, and uniform.
   (k) Provision of fans or heaters must be made according to the season.
   (l) First aid facilities and fire-fighting equipment must be provided.
   
   (2) Tourist resorts and tourist standard hotels from One Star to Five Star shall have facilities as specified by the Ministry of Culture, Tourism and Civil Aviation by publishing a notice in the Nepal Gazette, upon taking the opinion of the Standard Determination Committee constituted pursuant to Section 11 of the Act.
6. Facilities Required in a Lodge: A tourist standard lodge shall have at least the following facilities:—
   (a) There must be at least five sleeping rooms, and all of them must have adequate natural light and ventilation.
   (b) Twenty-five percent of the rooms must have attached bathrooms and toilets, and there must be a necessary number of bathrooms and toilets at the rate of one for every four remaining rooms.
   (c) All rooms must be equipped with modern furniture and good electricity arrangements.
   (d) All rooms must be decorated in a manner that reflects Nepalese art and culture.
   (e) Bathrooms and toilets must be fitted with good and durable fixtures and have adequate provision of cold and hot water.
   (f) The reception counter must be nicely decorated and, as far as possible, equipped with a telephone.
   (g) There must be proper arrangements for laundry.
   (h) Senior staff must possess knowledge regarding lodge management and be capable of speaking English.
   (i) Staff uniforms must be clean, tidy, and as far as possible, uniform.
   (j) As far as possible, provision of fans or heaters must be made according to the season.
7. Facilities Required in Restaurant and Resort, and Bar: A tourist standard restaurant and resort, and bar shall have at least the following facilities:—
   (a) Food and beverage arrangements must maintain international standards.
   (b) High-quality crockery and cutlery must be maintained.
   (c) Clean and hygienic drinking water facilities must be provided.
   (d) Proper separate toilet facilities equipped with towels and soap must be provided for males and females.
8. Registration Fee: The registration fee for tourist standard hotel, tourist resort, lodge, restaurant and resort, and bar shall be as follows:—

CHAPTER – 3
PROVISIONS RELATING TO TOUR GUIDES

9. Application for Tour Guide License: Any person desiring to obtain a license to work as a tour guide shall submit an application to the Director General in the format prescribed in Schedule-2, accompanied by an application fee of One Hundred Rupees.
10. Qualification of Tour Guide: A person desiring to obtain a tour guide license must have undertaken tour guide training and obtained a certificate from the Nepal Academy of Tourism and Hotel Management (NATHM) or the Mountain Training Academy.
11. Issuance of Tour Guide License: Upon receipt of an application pursuant to Rule 9, the Director General may, after due examination, issue a tour guide license for a period of five years in the format prescribed in Schedule-3, charging a fee of One Thousand Rupees.
12. Remuneration of Tour Guide: The remuneration receivable by a tour guide for conducting tours shall be as specified in the license.
13. Renewal of License: (1) A person who has obtained a tour guide license shall submit an application to the Director General for renewal of the license within thirty-five days from the date of expiry of the term of the license.
    (2) Upon receipt of an application pursuant to Sub-rule (1), the Director General may renew the license for another period of five years upon collecting a fee of Five Hundred Rupees.
    (3) If an application is submitted for renewal of the license after the expiration of the deadline specified in Sub-rule (1), the license may be renewed upon collecting the following additional fees in addition to the renewal fee for the following periods:—
    (a) Up to two months after expiration of the renewal deadline: Rs. 200/-
      (b) Up to four months after expiration of the renewal deadline: Rs. 300/-
      (c) Up to six months after expiration of the renewal deadline: Rs. 500/-
      (d) Up to one year after expiration of the renewal deadline: Rs. 1,000/-
14. Issuance of New License in Case of Loss: If a license obtained by a tour guide is lost or destroyed, he/she shall apply to the Director General stating the reasons within thirty-five days, and if the grounds are deemed reasonable, the Director General may issue a duplicate license upon collecting a fee of Two Hundred Rupees.
15. Cancellation of License: The Director General may cancel a tour guide license under the conditions specified in Sub-section (1) of Section 44 of the Act.
16. Tour Guide to Provide Information on Experience: A tour guide shall submit written information regarding his/her experience concerning tourists to the Department every six (6) months.

CHAPTER – 4
MISCELLANEOUS

17. Submission of Periodic Report: (1) Pursuant to Sub-section (1) of Section 47 of the Act, every hotel, tourist resort, and lodge shall submit a periodic report to the Department every six (6) months in the format prescribed in Schedule-4.
    (2) The periodic report pursuant to Sub-rule (1) shall be submitted within seven days from the date of expiry of the period for which it is due.
18. Repeal: The Tourism Industry Rules, 2022 (1965) have been repealed.

Note:
1. Words transformed by the Tourism (Second Amendment) Act, 2053 (1996):
   – The words “Restaurant and Resort” have been substituted in place of “Restaurant”.
2. Words transformed by the Act Amending Some Nepal Acts, 2063 (2006):
   – The words “Government of Nepal” have been substituted in place of “His Majesty’s Government”.

SCHEDULE – 1
(Relating to Rule 3)

FORMAT OF APPLICATION

To,
The Department of Tourism,
Government of Nepal.

I/We hereby submit this application, accompanied by the application fee of One Hundred Rupees, to register the …………………………………………………………………………… operated by me/us as a Tourist Standard Hotel / Tourist Resort / Lodge / Restaurant and Resort / Bar pursuant to Rule 3 of the Hotel, Lodge, Restaurant and Resort, Bar and Tour Guide Rules, 2038 (1981).

I/We shall conduct my/our business subject to the Tourism Act, 2035 (1978) and the Hotel, Lodge, Restaurant and Resort, Bar and Tour Guide Rules, 2038 (1981).

Applicant’s Signature: …………………………………
Applicant’s Name: ………………………………………
Address: …………………………………………………..
Date: ………………………………………………………

SCHEDULE – 2
(Relating to Rule 9)

FORMAT OF APPLICATION FOR TOUR GUIDE LICENSE

To,
The Director General,
Department of Tourism,
Government of Nepal.

Sir,

As I am desirous of working as a Tour Guide, I hereby submit this application pursuant to Sub-section (1) of Section 39 of the Tourism Act, 2035 (1978), accompanied by the application fee of One Hundred Rupees, detailing the following particulars. I have attached herewith 2 passport-size photographs and a copy of the certificate obtained from the Nepal Academy of Tourism and Hotel Management (NATHM) or Mountain Training Academy. I shall present the original certificates whenever required by the Department. If granted the license, I shall perform the work of a tour guide in compliance with prevailing laws.

1. Name, Surname, and Address of Applicant: ………………………………………………………………………………..
   2. Father’s Name, Surname, and Address: …………………………………………………………………………………………
   3. Grandfather’s Name, Surname, and Address: …………………………………………………………………………………
   4. Educational Qualification or Training: ……………………………………………………………………………………….
   5. Age: ……………………………………………………………………………………………………………………………………….
   6. Experience: ……………………………………………………………………………………………………………………………

Applicant’s Signature: …………………………………
Date: ………………………………………………………

SCHEDULE – 3
(Relating to Rule 11)

FORMAT OF TOUR GUIDE LICENSE

1. Full Name of Tour Guide: …………………………………………………………………………………………………………
   2. Address:
   (a) Permanent: ………………………………………………………………………………………………………………………..
   (b) Temporary: ………………………………………………………………………………………………………………………..
   3. Details of Remuneration:
      (a) ………………………………………………………………………………………………………………………………………
      (b) ………………………………………………………………………………………………………………………………………
   4. Language(s) of Tour Guiding: ……………………………………………………………………………………………………..
   5. Term of License: From ……………………………………… To ………………………………………

This license is hereby granted to Mr./Ms./Mrs. ………………………………………………………………………………… to work as a Tour Guide pursuant to the Tourism Act, 2035 (1978) and the Hotel, Lodge, Restaurant and Resort, Bar and Tour Guide Rules, 2038 (1981).

Seal of Department of Tourism:                        Director General’s Signature: ……………………………
                                                                     Full Name: ………………………………………………….
                                                                     Designation: ………………………………………………..

SCHEDULE – 4
(Relating to Rule 17)

FORMAT OF PERIODIC REPORT

To,
The Director General,
Department of Tourism.

Sir,

Pursuant to Sub-section (1) of Section 47 of the Tourism Act, 2035 (1978), the periodic report of this Hotel / Tourist Resort / Lodge for the period from ………………………………. to ………………………………. is hereby submitted as follows:

DETAILS

1. Details regarding tourists staying at the Hotel, Tourist Resort, Lodge and number of days stayed:
   (a) Staying from 1 to 3 days: ……………………………………………………………………………………………………..
   (b) Staying from 4 to 7 days: ……………………………………………………………………………………………………..
      (c) Staying for more than 8 days: ……………………………………………………………………………………………….
   2. Details of publicity/promotions conducted within and outside Nepal: ………………………………………………..
   3. Details of participation in international conferences, conventions, etc.: ……………………………………………
   4. Details of persons invited from abroad for the development of the tourism industry: …………………………….
   5. Number and details of domestic or foreign employees (including Name, Designation, and Remuneration): ……………………………………………………………………………………………………………………………………………………
   6. Details of transactions and foreign currency earned: …………………………………………………………………………
   7. Details of import licenses required for business-related work (including goods and amounts): ……………
   8. Out of the available import licenses, details of goods received, goods remaining to be received, and details of licenses canceled: ………………………………………………………………………………………………………………..

Signature of Person Submitting Report: ……………………………….
Full Name: …………………………………………………………………………
Designation: ………………………………………………………………………
Date: …………………………………………………………………………………