Friday, September 9, 2022

Tourism Rules and Regulation of Bhutan 2022 – V: Happy Convergence

There is a kahawat (saying) in India: Bhagwan ke ghar mey dhair hai, aandhair nahi. Roughly it means: In the house of God there may be delay but not darkness.

It appears that the TCBS’ Council Meeting yesterday to which were invited the tourism industry’s key players, went pretty well. That is nice - as I said in my earlier posts, tourism is a common cause, at the core of which is the need for convergence of views. Everyone has to understand that the tourism industry is bound to suffer - as in everything else - should we go with the belief that each element that go to make the sum total, can act in isolation of the other. Such an approach is bound to fail.
Happy Convergence

Since the early 1980s I have been propagating the idea that a good and progressive law, or rule or regulation is one that aspires to FACILITATE and not CONTROL. Unfortunately it seems like it is still about control, and not of liberalization and facilitation. History has proven time and again that control breeds renegades, and throttles entrepreneurial spirit.

Coming back to the Tourism Rules and Regulation 2022, I am given to understand that following changes have been accepted during the consultative meeting with the TCBS and the industry representatives which consisted of every sector head of the tourism.

Not Carved In Stone: It was clearly pronounced by the TCBS Chair as well as the Director General of the TCBS that the Tourism Rules and Regulation 2022 is subject to change and amendment, should the need arise.

Tour Operators Now Designated as a point through which to received SDF: In the earlier proposal prepared by the TCBS, nowhere was there a mention of tour operator being a point through which SDF may be received. The need for the role of the tour operators was ignored. The revised rules and regulations now designate tour operators as well – as a point through which tour payments may be received.

Reinstating Various Discounts: It has been agreed that the TCBS will pursue the matter with the Ministry of Finance on the issue relating to a number of discounts that were in place as per Tourism Rules and Regulations 2017 – atleast for tours confirmed before 20th June, 2022.

Tour Operators Can Represent Tourists/Tour Groups for Visa Application: It has further been agreed, which was earlier missing, that tour operators could also apply for Visa and Permits – on behalf of the tourist or a tour group.

Negative List: It appears that a NEGATIVE LIST – places that are out of bounds for visitation by tourists, has been finalized. TCBS will circulate the list soon.

Age Limit On Tourist Vehicles: The earlier requirement of an age limit on vehicles conveying tourists has now been done away with.

Cancellation Policy: Cancellation policy is also agreed to be governed by that which is agreed between the service provider and the tourists/tour groups.

Force Majeure Clause: It is agreed to be governed by the principals on the grounds of which this clause is accepted internationally.

Trekking Permit: Accepted to be routed through a tour operator - status quo.

Business Bond: There appears to be difference of opinion - on the need for this. What the TCBS does not consider is that few, if at all, has the liquidity to fulfill this requirement - given that business has been at a stand still for nearly three years. It is hoped that the Cabinet would reconsider this issue favourably - atleast for few years, until the industry gets back on its feet.

Further Discussion: It has been pointed out that the agreed changes in the proposed Tourism Rules and Regulations 2022 will be further discussed with the Steering and Advisory Committee, before it is submitted to the Cabinet for approval. From where I stand, this is fair - I do not believe that there would be opposition from any quarters - on a paper endorsed by the whole of the industry stalwarts, including the Council Members of the regulatory authority.

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