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Tourism Industry Act 1992 Part III — Requirements and duties on licensed tourism enterprises

s 14–s 20 · 7 sections

Requirement to display licence

s 14

A licensed tourism enterprise shall at all times display its licence in a conspicuous place at its principal place of business and at every branch where the licensed tourism enterprise carries on or operates its business.

Duty to submit information and particulars relating to business operations

s 15

(1) Without prejudice to subsection (2), a licensed tourism enterprise shall submit to the Commissioner such information and particulars including financial statements, audited balance sheets and profit and loss account relating to its entire business operations as may from time to time be required by the Commissioner within such time as he may determine. (2) Upon request by the Commissioner, a licensed tour operator or travel agent shall submit the following to the Commissioner: (a) itineraries for both inbound and outbound tours; (b) confidential and other tariffs; (c) details of business activities carried out by them including the charges for and the terms and conditions of such activities; (d) details of any contract entered by them with any other local or overseas tourism enterprise; (e) names and particulars of licensed tourist guides employed by them either on full-time or part-time basis; and (f) registration numbers and particulars of excursion vehicles to be used for any tour. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, shall, in addition, be liable to a daily fine not exceeding two thousand ringgit for each day the offence continues to be committed.

Inbound and outbound tours and other business activities

s 16

(1) The Commissioner shall have the right to determine and impose from time to time the proportion of inbound and outbound tours to be undertaken by a licensed tour operator and may, with the approval of the Minister, grant to all outbound tour operators a grace period to be specified by the Commissioner from time to time to undertake the prescribed proportion of inbound tours. (2) The Commissioner may disallow any of the business activities of any licensed tour operator. (3) For all outbound tour packages, the licensed tour operator shall— (a) purchase insurance policy; or (b) cause a deposit in the form of cash or bank guarantee to be made to the Commissioner, as the case may be, as directed by the Commissioner.

Notification of change of information

s 17

(1) Every licensed tourism enterprise shall, prior to the making of any amendment or alteration to any of its constituent documents, or prior to any change in its director or chief executive officer, furnish the Commissioner particulars in writing of any such proposed amendment, alteration or change. (2) Every licensed tourism enterprise shall immediately notify the Commissioner of any amendment or alteration to any information or document which has been furnished to the Commissioner in connection with the licence.

Requirements as to advertisement

s 18

A licensed tourism enterprise shall not publish, whether in a newspaper, brochure or otherwise, any advertisement or information relating to or in connection with the business of a tourism enterprise without including— (a) the licence number; (b) the business name under which it carries on business and the address at which such business is carried on; and (c) any other particulars relating to any services offered as the Commissioner deems necessary.

Employment of licensed tourist guides

s 19

(1) No licensed tourism enterprise shall employ, or obtain for a tourist or any other person the services of, a tourist guide who is not licensed under this Act or whose licence has been suspended or revoked. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Use of excursion vehicles

s 20

(1) No licensed tourism enterprise shall use or allow to be used any vehicle for the transportation of tourists on tours except excursion vehicles which has been duly licensed by the appropriate authorities for such purposes. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Back to Tourism Industry Act 1992 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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