Unannotated Statutes of Malaysia -

TOURISM INDUSTRY ACT 1992 ACT 482

Date of Royal Assent … … … … 30 January 1992

Date of publication in the Gazette … 20 February 1992

Part 1 PRELIMINARY

SECTION
1. Short title and commencement
2. Interpretation
3. Power to designate tourism training institutions
4. The Commissioner of Tourism

Part II LICENSING OF TOURISM ENTERPRISES

SECTION
5. Tourism enterprises to be licensed
6. Submission of application for licence to the Commissioner
7. Grant of or refusal to grant licence
8. Suspension or revocation of licence
9. Appeal
10. Surrender of licence
11. Effect of suspension, revocation, surrender or expiry of licence
12. Return of licence
13. Restriction on use of word “tour”, etc.

Part III REQUIREMENTS AND DUTIES ON LICENSED TOURISM ENTERPRISES

SECTION
14. Requirement to display licence
15. Duty to submit information and particulars relating to business operations
16. Inbound and outbound tours and other business activities
17. Notification of change of information
18. Requirements as to advertisement
19. Employment of licensed tourist guides
20. Use of excursion vehicles

Part IV LICENSING OF TOURIST GUIDES

SECTION
21. Persons providing services as tourist guides to be licensed
22. Register
23. Application for licence and qualification of applicants
24. Grant of licence
25. Validity of licence
26. Authorization card
27. Duties imposed upon licensed tourist guides
28. Suspension or revocation of licence
29. Effect of suspension or revocation of licence
30. Right to appeal
31. Surrender of licence and authorization card

Part IVA REGISTRATION OF ACCOMMODATION PREMISES

SECTION
31a. Accommodation premises shall be registered
31b. Application for registration as tourist accommodation premises

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31c. Power of Commissioner to determine registration

31d. Register

Part V GENERAL

SECTION
32. Renewal of licence
33. Lost licences
34. Power of Minister to make regulations
35. Obligation of secrecy
36. Inaccurate declaration, etc.
37. General penalty
38. Liability of directors, etc.
39. Power to compound offences
40. Authorized officer
41. Power to investigate
42. Power to examine witnesses
43. Admissibility of statement
44. Search with warrant
45. Search without warrant
46. List of things seized
47. Additional powers
48. Obstruction of search, etc.
49. Prosecution

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An Act to provide for the licensing and regulation of tourism enterprises and for matters incidental
thereto or connected therewith.[1 May 1992, P.U.(B) 199⁄1992]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent
of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same,
as follows:

PART 1
PRELIMINARY

1.
This Act may be cited as the Tourism Industry Act 1992 and shall come into force on such date
as the Minister may, by notification in the Gazette, appoint.

2. Short title and commencement

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

“accommodation premises” means any building, including hostels, hotels, inns, boarding-
houses, rest houses, lodging houses, and other structures whether permanent or temporary, 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; [“accommodation premises” Am. Act A1562:s.2]
“authorized officer” means an officer authorized by the Minister under section 40;
“Commissioner” means the Commissioner of Tourism appointed under section 4;
“company” has the meaning assigned thereto by the Companies Act 1965 [Act 125];
“excursion vehicle” means a vehicle used exclusively for the conveyanceof tourists and in
consideration of a payment which has no fare stages;
“inbound tour” means a tour to or of Malaysia or any place withinMalaysia;
“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;
“Malaysia Tourism Promotion Board” means the Malaysia Tourism Promotion Board
established under section3 of the Malaysia Tourism Promotion Board Act 1992 [Act 481 ];
“Minister” means the Minister charged with the responsibility for tourism;
“outbound tour” means a tour to or of any place outside Malaysia;
“person” includes a body of persons, corporate or unincorporate;
“prescribed”, where no mode is mentioned, means prescribed by this Act or any
regulations made under this Act;
“tour” includes sightseeing, excursions, shopping, visits to places of interest or
entertainment, and other activities normally undertaken by a tourist;
“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;

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(c) providing conveyances for hire to tourists;

(d) any other services incidental to any of the services enumerated above;
“tourism enterprise” means—
(a) any tour operating business;
(b) any travel agency business;
(c) (Deleted by Act A1153);
(d) (Deleted by Act A1153);
(e) any business of providing tourism training institutions;
“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;
“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;
“tourist accommodation premises” means any accommodation premises which have been
registered by the Commissioner under subsection 31c(1) as tourist accommodation premises;
“tourist guide” means a person who renders service to tourists or any other persons by
guiding them on tours for remuneration;
“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;
“Secretary General” means the Secretary General of the Ministry charged with the
responsibility for tourism.

(2) Any reference in this Act to “this Act” shall, unless otherwise expressly stated, be deemed to
include a reference to any regulation, order, notification or other subsidiary legislation made under
this Act.

3.
The Minister may, by notification in the Gazette, designate any training institution as a tourism
training institution for the purposes of this Act.

4. Power to designate tourism training institutions

(1) The Secretary General shall be appointed as the Commissioner of Tourism who shall be
responsible for the general supervision of all matters relating to tourism under this Act.

(2) The Commissioner may, in writing, delegate the exercise of any or all of the powers and
functions conferred upon him by this Act to any public officer as he deems fit.

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PART II
LICENSING OF TOURISM ENTERPRISES

5.

(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 five hundred thousand ringgit or to imprisonment for a
term not exceeding ten 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.[(3) Am. Act A1562:s.3]

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

6. Tourism enterprises to be licensed

(1) An application for the grant of a licence under this Part shall be made in writing to the
Commissioner in such form as may be determined.

(2) Every application under subsection (1) shall be accompanied by such documents or information
as may be prescribed and the Commissioner may, at any time after receiving the application and
before it is determined, verbally or in writing, require the applicant to provide such additional
documents or information as may be considered necessary by the Commissioner for the purposes of
determining the suitability of the applicant for the licence.

(3) The requirements under subsection (2) may differ as between different applicants, or different
classes, categories or descriptions of applicants.

(4) Where any additional document or information required under subsection(2) is not provided by
the applicant within the time specified in the requirement or any extension thereof granted by the
Commissioner, the application shall be deemed to be withdrawn and shall not be further proceeded
with, without prejudice to a fresh application being made by the applicant.

7. Submission of application for licence to the Commissioner

(1) The Commissioner shall, on an application having been duly made in accordance with section 6
and after being provided with all such documents and information as he may require, consider the
application, and where he is satisfied of the suitability of the applicant, and upon payment of the
prescribed fees, grant the licence with or without conditions, or refuse to grant a licence.

(2) Every licence granted under subsection (1) shall set out the duration of the licence as may be
prescribed and the licence number.

(3) Any person who has been granted a licence under subsection(1) may apply for supplementary
licences for branch offices or premises for carrying on or operating the same type of tourism
enterprise for which he was licensed.

∗ NOTE —Education Act 1961 [Act 43 of 1961] has been repealed by Education Act 1996 [Act550 ]—see
section 155 of Act 550.

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(4) Where the Commissioner refuses to grant a licence, he shall immediately notify the applicant in
writing of his refusal.

8.

(1) The Commissioner may suspend or revoke a licence granted under section 7 if he is satisfied
that—[(1) Am. Act A1562:s.4]
(a) the licensed tourism enterprise has failed to comply with any obligation imposed
upon it by or under this Act;
(b) the licensed tourism enterprise has contravened any condition imposed under the
licence, any provision of this Act or any other written law, regardless that there has
been no prosecution for an offence in respect of such contravention;
(c) the licensed tourism enterprise has, either in connection with the application for
the licence or at any time after the grant of the licence, provided the Commissioner
with false, misleading or inaccurate information, document or declaration made by
or on behalf of the licensed tourism enterprise or by or on behalf of any person
who is or is to be a director, controller or manager of the licensed tourism
enterprise;
(d) the licensed tourism enterprise is carrying on its business in a manner which is
prejudicial to the interest of the public, the tourism industry or to the national
economy;
(e) the licensed tourism enterprise has not transacted any business in respect of which
it is licensed for any continuous period of six months or has ceased to carry on any
of the businesses or operations for which it is licensed;
(f) the licensed tourism enterprise has insufficient assets to meet its liabilities;
(g) a winding up order has been made against the licensed tourism enterprise or a
resolution for its voluntary winding up has been passed;
(h) the licensed tourism enterprise or any of its officers holding a managerial or
executive position has been convicted of any offence involving dishonesty, fraud
or moral turpitude; or
(i) the licensed tourism enterprise or its director, manager or controller has been
convicted of any offence under this Act.

(2) Before suspending or revoking a licence, the Commissioner shall give the licensed tourism
enterprise a notice in writing of his intention to do so and require the licensed tourism enterprise to
show cause within a period specified in the notice as to why the licence should not be suspending or
revoked.[(2) Am. Act A1562:s.4]

(3) Where the Commissioner decides to suspend or revoke the licence, he shall immediately inform
the tourism enterprise concerned of his decision by a notice in writing.[(3) Am. Act A1562:s.4]

(4) The suspension or revocation of a licence shall take effect—[(4) Am. Act A1562:s.4]
(a) where there is no appeal against such suspension or revocation, on the expiration
of fourteen days from the date on which the notice of suspension or notice of
revocation is served on the licensed tourism enterprise; or
[(a) Am. Act A1562:s.4]
(b) where there is an appeal against such suspension or revocation, when the
suspension or revocation is confirmed by the Minister.
[(b) Am. Act A1562:s.4]

(5) Where an appeal has been made against the suspension or revocation of a licence, the licensed
tourism enterprise whose licence has been so suspended or revoked shall not transact any new
business until the appeal has been disposed of and the suspension or revocation has been set aside by
the Minister.[(5) Am. Act A1562:s.4]

(6) Any person who contravenes subsection (5) shall be guilty of an offence and shall, on

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conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term
not exceeding two years or to both.

(7) Where the suspension or revocation of a licence has taken effect, the Commissioner shall, as
soon as practicable, cause such suspension or revocation to be advertised in at least one national
daily Bahasa Malaysia and English newspaper or electronic media, as the Commissioner deems fit,
for at least three consecutive days.[(7) Am. Act A1562:s.4]

(8) Any delay or failure in advertising such notice of suspension or notice of revocation shall not
in any manner affect the validity of the suspension or revocation.[(8) Am. Act A1562:s.4]
[Shoulder note Am. Act A1562:s.4]

9.

(1) Any person who is aggrieved by—

(a) the refusal of the Commissioner to license any tourism enterprise under section 7
or to renew any such licence; or
(b) the suspension or revocation of any licence under section8,
[(b) Am. Act A1562:s.5]
may appeal in writing to the Minister within fourteen days from the date on which the notice of
refusal, suspension or revocation is served on that person.[(1) Am. Act A1562:s.5]

(2) The decision of the Minister under this section shall be final and conclusive.

10. Appeal

(1) A licensed tourism enterprise may surrender its licence by forwarding it, and any
supplementary licence, to the Commissioner with a written notice of its surrender.

(2) The surrender shall take effect on the date the Commissioner receives the licences and the
notice under subsection (1), or where a later date is specified in the notice, on that date.

(3) [(3) Del. Act A1562:s.6]

11. Surrender of licence

(1) Where the revocation of a licence under section 8 or its surrender under section 10 has taken
effect, or where the licence has expired, the licensed tourism enterprise shall immediately cease to
carry on or operate any business in respect of which the licence was granted:Provided that the
Minister may, on the recommendation of the Commissioner, authorize the licensed tourism enterprise
in writing to carry on such business for such duration as the Minister may specify in the
authorization for the purpose of winding up its affairs.

(1A) Where the suspension of a license under section 8 has taken effect, the licensed tourism
enterprise shall not transact any new business during the suspension period.[(1A) Ins. Act A1562:s.7]

(2) Any person who contravenes subsection (1)or (1A) SHALL BE GUILTY OF AN OFFENCE AND
SHALL, ON CONVICTION, BE LIABLE TO A FINE NOT EXCEEDING FIVE HUNDRED THOUSAND RINGGIT OR
TO IMPRISONMENT FOR A TERM NOT EXCEEDING TEN 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.[(2) Am. Act
A1562:s.7]

(3) Where a licence has been revoked under section 8, any supplementary licence thereto shall be
deemed to be revoked.

(4) Notwithstanding subsection (1), a licensed tourism enterprise whose licence has expired shall

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be entitled to carry on its business as if its licence had not expired upon proof being submitted to the
Commissioner that the licensed tourism enterprise has applied for a renewal of licence.
[Shoulder note Am. Act A1562:s.7]

12.

(1) Where the revocation of a licence under section 8 has taken effect, or where the licence has
expired and no application for its renewal has been submitted within the period specified, the
licensed tourism enterprise shall within fourteen days return the said licence, including any
supplementary licence, to the Commissioner.

(2) Any person who contravenes subsection (1) 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, and the court shall retain the licence and any supplementary licence and forward them to
the Commissioner.

13. Return of licence

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.

PART III
REQUIREMENTS AND DUTIES ON LICENSED TOURISM ENTERPRISES

14. Restriction on use of word “tour”, etc.

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.

15. Requirement to display licence

(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 fifty thousand ringgit or to imprisonment for a term not

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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.[(3) Am. Act A1562:S.8]

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.

17. Inbound and outbound tours and other business activities

(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.

18. Notification of change of information

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.

19. Requirements as to advertisement

(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.

20. Employment of licensed tourist guides

(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

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conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term
not exceeding two years or to both.

PART IV
LICENSING OF TOURIST GUIDES

21.

(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.

22. Persons providing services as tourist guides to be licensed

The Commissioner shall cause to be kept and maintained a register of licensed tourist guides.

23. Register

(1) Any application for a licence under this Part shall be made in writing to the Commissioner in
such form as may be determined and it shall contain, or be accompanied by, such information and
documents as may be prescribed.

(2) No person shall apply to be licensed under this Part unless—

(a) he has undergone a course or courses of training and passed the tests of
proficiency conducted by the Commissioner or any body authorized in writing by
the Commissioner to conduct a course of training and tests of proficiency for
tourist guides;
(b) he has completed any other course recognized by the Commissioner as being
equivalent to a course referred to in paragraph (a); or
(c) it appears to the Commissioner, with due regard to the character, qualifications and
experience of such person, that he is competent to be a tourist guide.

24. Application for licence and qualification of applicants

(1) Upon receiving an application under subsection 23(1), the Commissioner shall consider the
application and may, where he is satisfied of the suitability of the applicant and upon payment of the
prescribed fee, grant a licence with or without conditions.

(2) The Commissioner shall enter the name of every person who has been granted a licence under
subsection (1) in the register and issue to that person an authorization card in such form as may be
prescribed.

(3) The Commissioner may refuse to grant a licence to any person without assigning any reason
thereof.

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(4) Where the Commissioner refuses to grant a licence, he shall immediately notify the applicant in
writing of his refusal.

25.
A licence granted by the Commissioner under this Part shall, unless sooner revoked, be valid
for a period of not exceeding three years from the date the licence was granted.

26. Validity of licence

(1) An authorization card issued to a licensed tourist guide under subsection 24(2)—
(a) shall be worn conspicuously whenever the licensed tourist guide is on duty,
conducting any tour or when he is attending any course as required under section
27;
(b) shall not be worn by any person other than the person to whom it was issued.

(2) Any person who contravenes subsection (1) 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 one year or to both.

27. Authorization card

(1) A licensed tourist guide shall attend further courses of training and pass further tests of
proficiency for tourist guides as may be required by the Commissioner.

(2) A standard form of dress as may be prescribed shall be worn by every licensed tourist guide
while on duty or conducting tours.

(3) A licensed tourist guide shall comply with a standard code of ethics as may be prescribed.

28. Duties imposed upon licensed tourist guides

(1) If any licensed tourist guide—

(a) has made any misrepresentation or has failed to disclose any fact at the time of
applying for a licence, and such misrepresentation or non-disclosure would have
influenced the Commissioner to license him in pursuance of section 24;
(b) has failed to attend or successfully complete such further courses of training or
pass such further tests of proficiency as may be required;
(c) has failed to wear the authorization card or has allowed any other person to wear
the authorization card in contravention of section 26;
(d) has acted in contravention of the provisions of this Act;
(e) has contravened any of the conditions of his licence imposed under subsection
24(1) or the code of ethics referred to in subsection27(3);
(f) is, in the opinion of the Commissioner, incapable by reason of illness or otherwise
of acting as a tourist guide;
(g) has not performed the functions of a tourist guide for a continuous period of six
months; or
(h) has been convicted of any offence involving dishonesty, fraud or moral
turpitude,the Commissioner may suspend the licence granted under section 24 and
withdraw the authorization card for such period as may be determined or revoke the licence and
remove the name of the licensed tourist guide from the register or, where the licence has expired,
refuse to renew the licence:Provided that the Commissioner may not suspend, revoke or refuse to
renew the licence of the licensed tourist guide in any of the circumstances mentioned in (g) without
first giving the tourist guide concerned an opportunity to be heard.

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(2) Where the Commissioner suspends, revokes or refuses to renew a licence, he shall immediately
notify the tourist guide concerned in writing of his decision.

29.

(1) Any licensed tourist guide whose licence has been suspended pursuant to section 28 shall not
during the period of suspension act as a tourist guide.

(2) Any licensed tourist guide whose licence has been revoked shall immediately cease to act as a
tourist guide in any circumstances.

(3) Every licensed tourist guide whose licence has not been renewed or has been revoked pursuant
to section 28 shall return the licence and the authorization card to the Commissioner, subject to
section 30, not later than fourteen days from the date on which the notice of refusal to renew or
revocation is served on him.

(4) Any person who contravenes this section 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.

30. Effect of suspension or revocation of licence

(1) Any licensed tourist guide who is aggrieved—

(a) by the refusal of the Commissioner to renew his licence; or
(b) by the suspension or revocation of his licence under section 28,may appeal in
writing to the Minister within fourteen days from the date on which the notice of refusal to renew,
suspension or revocation is served on him.

(2) The decision of the Minister shall be final and conclusive.

(3) Where the Minister confirms the decision of the Commissioner, the licensed tourist guide shall,
within seven days from the date of the confirmation, return the licence and the authorization card to
the Commissioner.

(4) Any person who contravenes subsection (3) 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 one year or to both, and the court shall retain the licence and the authorization card and
forward them to the Commissioner.

31. Right to appeal

A licensed tourist guide may surrender his licence by forwarding his licence and his
authorization card to the Commissioner with a written notice of its surrender and the surrender
shall take effect on the date the Commissioner receives the licence and authorization card.

PART IVA
REGISTRATION OF ACCOMMODATION PREMISES

31a. Surrender of licence and authorization card

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

31b. Accommodation premises shall be registered

(1) An application for registration as tourist accommodation premises under this Part shall—
(a) be made to the Commissioner in the prescribed manner;

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(b) be accompanied by the prescribed fee.

(2) The Commissioner may, at any time after receiving an application under subsection (1),
require, orally or in writing, the applicant to provide additional documents or information.

(3) Where any additional document or information required under subsection (2) is not provided by
the applicant within the time specified in the requirement, the application shall be deemed to have
been withdrawn and shall not be further proceeded with, without prejudice to a fresh application
being made by the applicant.

31c.

(1) The Commissioner shall, in determining the suitability of any accommodation premises for
registration, take into consideration—
(a) the description of the accommodation premises;
(b) the facilities and services provided or offered to tourists;
(c) the number and experience of staff employed or to be employed at the
accommodation premises; and
(d) any other factors as the Commissioner thinks fit.

(2) The Commissioner may require the accommodation premises of an applicant to be inspected.

(3) Where the Commissioner is satisfied as to the suitability of the accommodation premises, the
Commissioner shall, on payment of the prescribed fee, register the accommodation premises as
tourist accommodation premises.

31d. Power of Commissioner to determine registration

The Commissioner shall keep and maintain a register in such form and containing such
information as may be prescribed, concerning all registered tourist accommodation premises.

PART V
GENERAL

32. Register

(1) Every licensed tourism enterprise or licensed tourist guide shall submit an application to the
Commissioner in such form as may be determined for the renewal of his licence at least thirty, but
not more than sixty, days before the date of expiry of the licence and such application shall be
accompanied with such documents and information as may be required by the Commissioner.

(2) The prescribed fee shall be payable upon approval of the application.

(3) [(3) Del. Act A1562:s.9]

(4) Without prejudice to any other grounds, the Commissioner may refuse to renew a licence where
the requirements of subsection (1) is not complied with.

(5) Any person who contravenes subsection (1) shall be guilty of an offence under this Act.[(5)
Ins. Act A1562:s.9]

33. Renewal of licence

(1) Where a licensed tourism enterprise has lost its licence, it shall immediately notify the
Commissioner in writing of the loss.

(2) Where a licensed tourist guide has lost his licence or his authorization card, he shall
immediately notify the Commissioner in writing of the loss.

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(3) Such licensed tourism enterprise or licensed tourist guide shall submit an application for a
replacement licence or authorization card, as the case may be, accompanied by all such information
and documents as may be required by the Commissioner together with the prescribed fees that may
be imposed.

34.

(1) The Minister may make such regulations as he may consider expedient for the purposes of this
Act.

(2) Without prejudice to the generality of subsection (1), regulations may be made for any of the
following purposes or matters:
(a) the prescription of documents and information to accompany any application for a
licence;
(b) the duration and conditions of licence, and the manner and procedure for its
renewal;
(c) the fees to be paid for any licence and any other fees which are required to be
prescribed under this Act;
(ca) the purchase of insurance policy by the licensed tour operator, or the making of a
deposit in the form of cash or bank guarantee to the Commissioner;
(d) the procedures of entry into and inspection of premises;
(e) the keeping of proper books, accounts and records by the licensed tourism
enterprise and the form and mode of the same;
(f) regulating the establishment and management of tourism training institutions,
including the prescription of course content and training programmes, books or
materials to be used, the standards to which the institutions shall conform, the
granting of permits by the Commissioner for lecturers and instructors, the
qualifications of lecturers and instructors, the examinations to be conducted and
the certificates or such other qualifications to be awarded;
(g) the offences which may be compounded and the procedure for compounding such
offences;
(h) the forms of any register, notice or order required to be kept, issued or made under
this Act and the procedures for the service of such notices or orders;
(ha) to provide for the classification and reclassification of tourist accommodation
premises and the rating of such premises by the Commissioner;
(i) the conduct of or the carrying on of any business or service relating to tourism
enterprises or tourist guides and the standards of performance to be maintained by
them and the granting of exemptions by the Commissioner to any tourism
enterprise or tourist guide from any requirement imposed by regulations made
under this paragraph; and
(j) any other matter which is required by this Act to be prescribed.

(3) Any regulations made under this section may prescribe any act in contravention of the
regulations to be an offence and may prescribe penalties of a fine not exceeding one hundred
thousand ringgit or imprisonment for a term not exceeding five years or both for such offence.[(3)
Ins. Act A1562:s.10]

35. Power of Minister to make regulations

(1) Except for the purposes of this Act, no person who has access to any record, book, register,
correspondence, information, document or other material whatsoever obtained pursuant to the
provisions of this Act shall disclose such record, book, register, correspondence, information,
document or other material to any other person.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on

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conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not
exceeding two years or to both.

36.
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.

37. Inaccurate declaration, etc.

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 fifty 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.
[37. Am. Act A1562:s.11]

38. General penalty

(1) Where an offence under this Act has been committed by a company, any person who at the
time of the commission of the offence was a director, secretary, manager or other officer of the
company or who was purporting to act in any such capacity, shall be deemed to be guilty of that
offence and shall be punished accordingly unless he proves that the offence was committed without
his consent or connivance and that he exercised such diligence to prevent the commission of the
offence as he ought to have exercised having regard to the nature of his function in that capacity and
to all the circumstances.

(2) Any person who would have been guilty of an offence if anything had been done or omitted to
be done by him personally shall be guilty of the offence and shall be liable to the same penalty if
such thing had been done or omitted to be done by his officer, agent or servant in the course of his
business unless he proves that the offence was committed without his knowledge or consent and that
he took all reasonable precautions to prevent the doing or omission to do such thing.

(3) Nothing in subsection (2) shall relieve any such officer, agent or servant from any liability for
an offence.

39. Liability of directors, etc.

(1) The Commissioner may, with the written consent of the Public Prosecutor, compound any
offence under this Act which is prescribed to be a compoundable offence by requiring a person
reasonably suspected of committing the offence to pay a sum of money not exceeding fifty per cent
of the amount of the maximum fine to which that person should have been liable if he had been
convicted of the offence.[(1) Am. Act A1562:s.12]

(2) An offer under subsection (1) may be made at any time after the offence has been committed
but before any prosecution for it has been instituted, and where the amount specified in the offer is
not paid within the time specified, or during such extended period as may be granted by the
Commissioner, prosecution for the offence may be instituted at any time thereafter against the person
to whom the offer was made.

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(3) Where an offence has been compounded under subsection (1), no prosecution shall thereafter
be instituted in respect of the offence against the person to whom the offer to compound was made.

40.

(1) The Minister may authorize in writing any public officer to exercise the powers of enforcement
under this Act.

(2) Any such officer shall be deemed to be a public servant within the meaning of the Penal Code
[Act574].

(3) In exercing any of the powers of enforcement under this Act, an authorized officer shall on
demand produce to the person against whom he is acting the authority issued to him by the Minister.

41. Authorized officer

In any case relating to the commission of an offence under this Act, any authorized officer
making an investigation may exercise all or any of the special powers in relation to police
investigation in seizable cases given by the Criminal Procedure Code [Act 573].

42. Power to investigate

(1) An authorized officer making an investigation under this Act may examine orally any person
supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing
any statement made by the person so examined.

(2) Such person shall be bound to answer all questions relating to such case put to him by such
officer:Provided that such person may refuse to answer any question the answer to which would
have a tendency to expose him to a criminal charge or penalty of forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth,
whether or not such statement is made wholly or partly in answer to questions.

(4) An authorized officer examining a person under subsection(1) shall first inform that person of
the provisions of subsections (2) and (3).

(5) A statementmade by any person under this section shall, whenever possible, bereduced into
writing and signed by the person making it or affixedwith his thumb print, as the case may be, after
it has been read tohim in the language in which he made it and after he has been givenan opportunity
to make any correction he may wish.

43. Power to examine witnesses

Notwithstanding the provisions of any writtenlaw to the contrary, where a person is charged
with an offence underthis Act, any statement, whether the statement amounts to a confessionor
not or whether it is oral or in writing, made at any time, whetherbefore or after the person is
charged and whether in the course ofinvestigation under this Act or not and whether or not
wholly or partlyin answer to questions, by the person to, or in the hearing of, theauthorized
officer and whether or not interpreted to him by an authorizedofficer or any other person
concerned or not in the case, shall beadmissible at his trial in evidence and, if the person
tenders himselfas a witness, any such statement may be used in cross-examinationand for the
purpose of impeaching his credit:
Providedthat—
(a) no such statement shall be admissible or used as aforesaid—
(i) if themaking of the statement appears to the court to have been caused byany
inducement, threat or promise having reference to the charge againstsuch person
proceeding from a person in authority and sufficient inthe opinion of the court to
give the person charged grounds whichwould appear to him reasonable for
supposing that by making it hewould gain any advantage or avoid any evil of a

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temporal nature inreference to the proceedings against him; or

(ii) inthe case of a statement made by the person after his arrest, unlessthe court is
satisfied that he was cautioned in the following wordsor words to the like
effect:“It is my duty to warn you that you are not obliged to sayanything or to answer
any question but anything you say, whether inanswer to a question or not, may be given in evidence.”; and
(b) a statement made by any person before there is time to cautionhim shall not be rendered
inadmissible in evidence merely by reasonof his not having been cautioned if he is
cautioned as soon as possible.

44.

(1) Whenever it appears to any Magistrate upon written informationon oath and after any enquiry
which he may think necessary that thereis reasonable cause to believe that in any premises or place
thereis being committed an offence against this Act, the Magistrate mayissue a warrant authorizing
any authorized officer, by day or nightand with or without assistance, to enter the premises or place
andsearch for and seize or take copies of all books, accounts, or otherdocuments which contain or
are suspected to contain information asto any offence so suspected to have been committed or any
other thingsrelating to the offence.

(2) Any such officermay if it is necessary so to do—

(a) break open any outer or inner door of the premises or place,and enter thereinto;
(b) forcibly, enter the premises or place and every part thereof;
(c) remove by force any obstruction to enter, search, seizureand removal as he is
empowered to effect;
(d) detain every person found in the premises or place until thepremises or place has
been searched; and
(e) where the premises or place is used for carrying on or operatinga tourism
enterprise without a licence, seal the premises or place.

45. Search with warrant

Whenever it appears to any authorized officerthat there is reasonable cause to believe that in
any premises orplace there is concealed or deposited any books, accounts or otherdocuments
which are suspected to contain information as to the commissionof an offence under this Act or
any other thing relating to the offenceand if he has reasonable grounds for believing that by
reason of thedelay in obtaining a search warrant the books, accounts, other documentsor things
are likely to be removed, the officer may exercise in, uponand in respect of the premises or
place all the powers mentioned in section 44 in as full and ample a manner as if he were
authorized so to do by a warrant issued under that section.

46. Search without warrant

(1) The authorized officer seizing any books, accounts, documents or other things under this Act
shall prepare a list of the books, accounts, documents or other things seized and forthwith deliver a
copy signed by him to the occupier or his agents or servants present in the premises or place of
seizure.

(2) The list referred to in subsection (1) shall not be treated as a statement, admission or confession
made by the occupier or his agents or servants in the course of the investigation and shall be
admissible in evidence.

47. List of things seized

Any authorized officer shall, for purposes of the execution of this Act, have power to do all or
any of the following:
(a) to require the production of records, accounts and documents kept by a licensed tourism
enterprise or licensed tourist guide and to inspect, examine and copy any of them;

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(b) to require the production of any identification document from any person in relation in any
case or offence under this Act;
(c) to make such inquiry as may be necessary to ascertain whether the provisions of this Act
are complied with.

48.
Any person who—
(a) assaults, obstructs, hinders or delays the authorized officer in effecting any entrance which
he is entitled to effect under this Act, or in the execution of any duty imposed or power
conferred by this Act;
(b) breaks any seal that has been affixed by an authorized officer on any premises or place;
(c) fails to comply with any lawful demand of an authorized officer in the execution of his
duty under this Act; or
(d) refuses or neglects to give any information which may reasonably be required of him and
which he has it in his power to give,
shall be guilty of an offence.

49. Obstruction of search, etc.

No prosecution in respect of an offence under this Act shall be instituted except by, or with the
written consent of, the Public Prosecutor.
[49. Subs. Act A1562:s.13]

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