The LAWS OF TOURISM

TOURISM INDUSTRY ACT 1992 (Act 482)

TOURISM INDUSTRY (AMENDMENT) ACT 2018 (A1562)

An Act to provide for the licensing and regulation of tourism enterprises and for matters incidental thereto or connected therewith.

INTERPRETATION

SECTION 2 (Act 482)

(1) In this Act, unless the context otherwise requires—

“tour” includes sightseeing, excursions, shopping, visits to places of interest or entertainment, and other activities normally undertaken by a tourist;

“tourist” means any person, whether he is a Malaysian national or otherwise, visiting any place in Malaysia for any of the following purposes, namely—

(a) pleasure, recreation or holiday;

(b) culture;

(c) religion;

(d) visiting friends or relatives;

(e) sports;

(f) business;

(g) meetings, conferences, seminars or conventions;

(h) studies or research;

(i) any other purpose which is not related to an occupation that is remunerated from the place visited;

“tourism enterprise” means—

(a) any tour operating business;

(b) any travel agency business; or

(c) (Deleted by Act A1153);

(d) (Deleted by Act A1153);

(e) any business of providing tourism training institutions;

“tour operating business” means any business of providing all or any of the following services:

(a) arranging for sale or commission any transportation, accommodation, tour services or any other incidental services for tourists within or outside Malaysia;

(b) organizing or conducting for sale or commission inbound or outbound tours;

(c) providing conveyances for hire to tourists;

(d) any other services incidental to any of the services enumerated above;

“travel agency business” means any business of providing all or any of the following services:

(a) selling, arranging or making available for commission, tickets entitling a person to travel on any conveyance either by land, sea or air;

(b) selling, arranging or making available for commission, accommodation places within Malaysia or outside Malaysia;

(c) any other services incidental to any of the services enumerated above;

“tourism training institution” means—

(a) an institution, centre or school that provides training or courses in respect of tourism services and management, including hotel and catering services; and

(b) has been designated by the Minister under section 3 as a tourism training institution;

“accommodation premises” means any building, including hostels, hotels, inns, boarding-houses, rest houses and lodging houses, held out by the proprietor, owner or manager, either wholly or partly, as offering lodging or sleeping accommodation to tourists for hire or any other form of reward, whether or not food or drink is also offered;

“tourist accommodation premises” means any accommodation premises which have been registered by the Commissioner under subsection 31C (1) as tourist accommodation premises;

“excursion vehicle” means a vehicle used exclusively for the conveyance of tourists and in consideration of a payment which has no fare stages;

“licence” means a licence granted under this Act;

“licensed tour operator” means a person licensed under subsection 7(1) to carry on or operate a tour operating business;

“licensed tourism enterprise” means any tourism enterprise which is licensed under subsection 7(1);

“licensed tourist guide” means a person licensed under subsection 24(1) to act as a tourist guide;

“licensed travel agent” means a person licensed under subsection 7(1) to carry on or operate a travel agency business;

SECTION 3 (Act 482)

The Minister may, by notification in the Gazette, designate any training institution as a tourism training institution for the purposes of the Act.

TOURISM ENTERPRISES TO BE LICENSED

SECTION 5 (Act 482)

(1) No person shall carry on or operate, or hold himself out as carrying on or operating a tourism training institution unless that person holds a valid licence granted under this Part.

(2) No person shall carry on or operate, or hold himself out as carrying on or operating—

(a) a tour operating business; or

(b) a travel agency business,

unless it is a company and holds a valid licence granted under this Part.

(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 fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and in the case of a continuing offence, shall in addition, be liable to a daily fine not exceeding five thousand ringgit for each day the offence continues to be committed.

(4) For the avoidance of doubt, the *Education Act 1961 [Act 43 of 1961] shall not apply in relation to a person carrying on or operating a tourism training institution.

RESTRICTION ON USE OF WORD “TOUR”, ETC.

SECTION 13 (Act 482)

Except with the written consent of the Commissioner, no person, not being a licensed tourism enterprise, shall assume or use the words “tourism”, “tour”, “travel”, “tourist agency”, “travel agent” or “tour operator”, as the case may be, or any derivative of these words in any language, or any other words in any language capable of being construed as indicating the carrying on or operation of such business, in relation to the business or any part of the business carried on by such person, or make any representation to such effect in any bill head, letter, paper, notice, advertisement or in any other manner whatsoever.

REQUIREMENT TO DISPLAY LICENCE

Section 14 (Act 482)

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

SECTION 15 (Act 482)

(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.

REQUIREMENTS AS TO ADVERTISEMENT

SECTION 18 (Act 482)

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

SECTION 19 (Act 482)

(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

SECTION 20 (Act 482)

(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.

PERSONS PROVIDING SERVICES AS TOURIST GUIDES TO BE LICENSED

SECTION21 (Act 482)

(1) No person shall act, or hold himself out, as a tourist guide unless he is licensed under this Part.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding seven 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 five hundred ringgit for each day the offence continues to be committed.

ACCOMMODATION PREMISES SHALL BE REGISTERED

SECTION 31A (Act 482)

Any person who carries on or operates accommodation premises shall apply to the Commissioner for the registration of such premises as tourist accommodation premises.

INACCURATE DECLARATION, ETC.

SECTION 36 (Act 482)

Any person who makes, orally or in writing, signs or furnishes any declaration, return, certificate or other document or information required by this Act which is untrue, inaccurate or misleading in any particular shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

GENERAL PENALTY

SECTION 37 (Act 482)

Any person who fails to comply with or contravenes any provision of this Act for which no specific penalty is expressly provided shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and in the case of a continuing offence, shall, in addition, be liable to a daily fine not exceeding five hundred ringgit for each day the offence continues to be committed.

GARIS PANDUAN PERMOHONAN LESEN PERNIAGAAN PENGENDALIAN PELANCONGAN / PERNIAGAAN AGENSI PENGEMBARAAN

FI LESEN BAGI AGENSI PERLANCONGAN: Rujuk jadual di bawah

BIL. BIDANG FI LESEN TEMPOH LESEN

1. Inbound RM 250 1 tahun

2. Outbound RM 500 1 tahun

3. Ticketing RM 200 1 tahun

4. Inbound & Outbound RM 750 1 tahun

5. Inbound & Ticketing RM 450 1 tahun

6. Outbound & Ticketing RM 700 1 tahun

7. Inbound, Outbound & Ticketing RM 950 1 tahun

TARIKH KUATKUASA: Garis Panduan ini adalah berkuatkuasa mulai 2 SEPTEMBER 2014

NOTA:

Inbound = Perniagaan Pengendalian Pelancongan Dalam Negeri

Outbound = Perniagaan Pengendalian Pelancongan Luar Negeri

Ticketing = Perniagaan Agensi Pengembaraan

Syarikat Asing = Pengusaha Agensi Pelancongan Berlesen di Luar Malaysia

PERMOHONAN LESEN

Agensi Pelancongan | Pemandu Pelancong | Bas Persiaran / Kereta Sewa | Institut Latihan Pelancongan

ORDINAN PERKAPALAN SAUDAGAR 1952

ORDINAN PERKAPALAN SAUDAGAR (PINDAAN) 2016

AKTA PENDAFTARAN LAPAL LAYAR ANTARABANGSA LANGKAWI 2003 (AKTA 630)

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