The marine tourism and eco-tourism sector in India presents a unique blend of opportunities and challenges. As businesses navigate this highly regulated industry, they must comply with intricate environmental laws, labour regulations, taxation policies, and operational standards. At Duke & Baron, we specialize in helping companies overcome these hurdles, ensuring sustainable growth while safeguarding against legal and regulatory risks. Our team of corporate advocates, in-house counsels, and company secretaries, working alongside taxation experts, business strategists, and stock market professionals, is uniquely equipped to support clients in this dynamic sector.
This guide outlines the primary legal and compliance challenges faced by businesses in marine tourism and eco-tourism and details how we at Duke & Baron can provide unparalleled legal support and representation.
Primary Legal and Compliance Challenges
1. Environmental and Coastal Regulation Compliance
- Adherence to the Coastal Regulation Zone (CRZ) Notification, 2019, under the Environment Protection Act, 1986, is critical to avoid penalties and operational shutdowns.
- Securing Environmental Clearances (EC) from the Ministry of Environment, Forest, and Climate Change (MoEFCC) is mandatory for any project impacting coastal or marine ecosystems.
- Compliance with the Biological Diversity Act, 2002, to regulate the use of biological resources and avoid penalties for unauthorized access to biodiversity.
2. Wildlife and Marine Conservation Laws
- Operating near eco-sensitive zones requires strict compliance with the Wildlife Protection Act, 1972, to prevent unauthorized activities like fishing or diving in protected areas.
- State-specific Marine Fishing Regulation Acts (MFRAs) govern the protection of marine resources and mitigate conflicts with local fishing communities.
3. Tourism and Hospitality Industry Regulations
- Mandatory registration and licensing of tourism operations under the Merchant Shipping Act, 1958, and the Inland Vessels Act, 2021 for activities such as operating tourist vessels and water sports.
- Adherence to guidelines from the Ministry of Tourism (MoT) and state tourism boards for service standards and safety compliance.
4. Land and Property Regulations
- Acquiring coastal properties requires compliance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Avoiding zoning violations under local urban planning laws and the Indian Easements Act, 1882, for access rights to water bodies.
5. Labour and Employment Law Compliance
- Seasonal employment poses challenges under the Industrial Disputes Act, 1947, and non-compliance with laws like the Code on Wages, 2019, and Minimum Wages Act, 1948 can lead to disputes and penalties.
6. Taxation and Financial Compliance
- Businesses must comply with the Goods and Services Tax (GST) Act, 2017, especially for bundled services offered to tourists.
- Financial reporting and compliance under the Companies Act, 2013, and ensuring transparency to prevent allegations of money laundering under the Prevention of Money Laundering Act (PMLA), 2002.
7. Risk of White-Collar Criminal Trials
- Allegations of tax evasion, fraudulent accounting, or financial mismanagement under the Income Tax Act, 1961, and GST laws.
- Environmental violations under the Environment Protection Act, 1986, leading to criminal prosecution.
- Consumer fraud claims under the Consumer Protection Act, 2019, for misleading advertisements or service deficiencies.
- Corruption allegations under the Prevention of Corruption Act, 1988, for irregularities in obtaining permits.
How Duke & Baron Can Assist
1. Regulatory and Legal Compliance
- Conduct comprehensive compliance audits for adherence to CRZ, biodiversity, and tourism laws.
- Facilitate the timely acquisition of permits, licenses, and environmental clearances from authorities like the MoEFCC.
2. Drafting and Reviewing Legal Documents
- Draft robust contracts for land acquisitions, vendor agreements, and joint ventures to mitigate risks.
- Develop service terms, disclaimers, and waivers to reduce liability in consumer disputes.
- Protect intellectual property through trademark and copyright registrations.
3. Litigation and Dispute Resolution
- Represent clients in civil suits and tort claims, including allegations of negligence or environmental harm.
- Handle criminal trials for environmental violations, financial fraud, and corruption allegations under the Bharatiya Nyaya Sanhita (BNS), 2023.
- Defend consumer complaints before Consumer Disputes Redressal Commissions and represent clients in commercial disputes in commercial courts.
- Advocate for clients before quasi-judicial bodies such as the National Green Tribunal (NGT) for environmental disputes and the Directorate General of GST Intelligence (DGGI) for taxation investigations.
4. Compliance Investigation Support
- Provide expert legal support during inspections or investigations by authorities such as the MoEFCC, DGGI, and Enforcement Directorate (ED).
- Assist in drafting responses to show-cause notices and appeals against adverse orders.
5. Corporate Governance and Advisory
- Establish corporate governance frameworks to ensure compliance with the Companies Act, 2013, and other applicable laws.
- Offer ongoing legal advisory services for managing stakeholder relations, including government bodies and local communities.
6. Training and Crisis Management
- Conduct employee workshops on environmental sustainability, labour laws, and regulatory compliance.
- Provide crisis management support during accidents, regulatory breaches, or criminal allegations, ensuring prompt legal response and damage control.
Why Choose Duke & Baron?
Our extensive experience in corporate law, criminal trials, and regulatory compliance positions us as trusted advisors for businesses in the marine tourism and eco-tourism sectors. We combine legal expertise with a deep understanding of the industry to offer solutions tailored to our client’s needs. Whether it’s proactive compliance management or defending against complex litigations, our team ensures seamless business operations while mitigating legal risks.