Starting a Homestay in Bihar

01 / Executive finding

The practical starting point

• The current Bihar-specific controlling instrument located is the Mukhyamantri Homestay Protsahan Yojana 2026, issued by the Government of Bihar, Tourism Department on 18 June 2026. The resolution states that the earlier departmental Resolution No. 3644 dated 06 August 2024 is repealed. The 2026 instrument is effective from the date of the resolution and was ordered to be published in the Bihar Gazette; a separate Gazette publication copy was Not stated in the current official material reviewed. [S1, resolution pp. 1–2]
• The scheme is not statewide. It initially applies to 34 specified tourist places in 16 districts, and a homestay must be situated within a 5-km radius of one of those listed places. The Tourism Department reserves power to amend the destination list. [S1, cls. 2.1(e)–(f), Annexure pp. 2–3]
• The published definition allows a maximum of eight rooms in the accommodation unit, and expressly says that the owner is not required to reside in the premises. If the accommodation unit has more than eight rooms, the scheme says it will not be treated as a homestay. A separate maximum-bed or maximum-guest figure was Not stated in the material reviewed. [S1, cl. 2.1(a), Annexure p. 2]
• The 2026 scheme expressly excludes resorts, hotels, motels, guest houses and boarding/lodging houses from its homestay scope. Farm stays appear separately in Bihar's general tourism-policy incentive material; the located 2024 tourism-policy guidelines do not list ordinary homestays in that separate eligible-project schedule. [S1, resolution p. 1; S6, relevant eligible-project schedule; S7, eligible-project list]
• There is no express Bihar-domicile or permanent-resident certificate requirement in the controlling 2026 scheme that was located. The official English implementation page describes enabling “residents” to offer accommodation, but the controlling Hindi instrument instead specifies Aadhaar, PAN, an Aadhaar-linked bank account and qualifying property rights. Therefore a legal “Bihar domicile” requirement should not be published without further authority confirmation. [S1, cl. 2.2(c); S2, implementation page]
• Ownership is not the only tenure route. For the scheme/incentive route, the applicant must have clear ownership or a valid lease of at least ten years over the proposed homestay property; joint ownership requires written NOC from all co-owners. The property must also be free from the specified dispute/encumbrance problem. [S1, cls. 2.2(e)–(f), Annexure p. 4]
• The scheme does not expressly establish a company, LLP, partnership, trust, society, professional manager or caretaker as an eligible registration holder. Its identity-document structure is individual-oriented, while SHGs are mentioned for an additional incentive. Whether an entity may hold the registration, or whether the registration holder and operating/management entity may differ, therefore requires a written answer from the Tourism Department. [S1, cls. 2.2(c), 4.1; pp. 4, 16–17]
• The homestay application fee is ₹2,000 and is expressly non-refundable. The verified renewal fee is ₹1,000. No separate classification fee or inspection fee was located in the 2026 scheme. [S1, cls. 2.6.2–2.6.5, pp. 10–12; cl. 2.6.7, p. 13]
• Registration is stated to remain valid for five years from the “Commercial Operation Date” (COD). Renewal requires a fresh prescribed online process before expiry and payment of ₹1,000, but the scheme does not specify a fixed 30/60/90-day renewal window. [S1, cl. 2.6.7, Annexure p. 13]
• The scheme prescribes a 60-day registration process, but this is not a guarantee of approval. The regional/district committee is to send its inspection report within 30 days of receiving the application; the departmental committee is to report to the Director within 15 days after receiving that report; the process is stated to be completed within 60 days from receipt of application. Missing documents, clarifications, inspection findings and refusal remain possible. [S1, cl. 3 and committee procedure, Annexure p. 16]
• There is a material unresolved internal deadline conflict. One clause gives a PRC holder 12 months to complete construction, with a possible extension of no more than six months; another clause in the same instrument gives a new proposed project 24 months, while keeping 12 months for upgradation/existing units. The official sources are not aligned. New-build applicants should obtain a written interpretation before relying on either deadline. [S1, cls. 2.6.6(b)–(c) and 2.6.6(f), Annexure pp. 12–13]
• Financial assistance is substantial but not automatic: up to ₹2.5 lakh per eligible room or actual approved-design expenditure, whichever is lower, for up to four rooms, ordinarily capped at ₹10 lakh; qualifying women, SHGs and youth aged 18–25 can receive an additional ₹25,000 per room, producing a stated maximum of ₹11 lakh. Payment is staged 50% at COD, 25% after one year and 25% after two years. [S1, cl. 4.1, pp. 16–17]
• An incentive beneficiary is exposed to a five-year operation commitment and recovery risk. Early closure can trigger recovery ranging from 100% during months 0–12 to 10% during months 49–60, with 9% simple annual interest, backed by an affidavit on ₹1,000 stamp paper. [S1, cl. 4.4 and recovery table, pp. 18–20]
• Foreign-guest reporting language in the Bihar scheme is not fully aligned with current central law. Bihar refers to local-police reporting in “Form C”; the Immigration and Foreigners Rules, 2025, effective 1 September 2025, require accommodation keepers expressly including homestays to transmit Form III [Earlier Form C] electronically within 24 hours of arrival and departure and retain prescribed electronic particulars for at least one year. The national duty is clear; whether Bihar additionally expects a separate local-police submission should be confirmed. [S1, cl. 2.5.1; S10, r.17 and Form III]

02 / Document chronology

Use the current rules and implementation

1. 2010–2011 — Bihar agricultural land-conversion framework. BiharBhumi identifies the Bihar Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2010 and Rules, 2011 as the land-conversion framework, with the Sub-Divisional Officer as competent authority. It is separate from tourism registration. [S17]
2. 08 December 2014 — Bihar Building Bye-Laws, 2014. Notification 578 made the bye-laws applicable to specified municipal/planning areas. The current PMAA page also publishes subsequent amendments. [S19]
3. 2022 — Bihar Building (Amendment) Bye-Laws, 2022. A later amendment modifies the 2014 building framework. [S19]
4. 27 December 2023 — Bihar Tourism Policy 2023 framework. The policy creates a broader investment/incentive framework. Its separate rural-tourism/farm-stay project category should not be merged with the 2026 homestay scheme. [S6–S7]
5. 2024 — Bihar Tourism Policy Guidelines. The amended guidelines located for the broader tourism policy identify eligible project classes, including rural tourism/tourist village/cultural village/farm stay. Ordinary homestay was not located in that schedule. [S7]
6. 06 August 2024 — previous Mukhyamantri Homestay/Bed & Breakfast instrument. Current S1 expressly identifies Departmental Resolution No. 3644 dated 06.08.2024 and repeals it. The complete prior instrument was not relied upon as current law. [S1, resolution p.2]
7. 01 September 2025 — Immigration and Foreigners Rules, 2025. G.S.R. 596(E) superseded prior specified foreigner-registration rules and introduced current Rule 17/Form III accommodation reporting. [S10, Gazette p.1, r.1; p.28 r.17]
8. 04 October 2025 — further Bihar Building (Amendment) instrument. Notification No. 10713 modifies the amended building framework. This confirms that pre-development work should not rely on the 2014 text in isolation. [S19]
9. 10–13 March 2026 — FSSAI amendments/revised thresholds. FSSAI's 13 March order expressly supersedes earlier food-business turnover thresholds, effective 01 April 2026. [S12]
10. 17 June 2026 — Cabinet approval recorded in S1. The scheme resolution says Cabinet approval occurred at the meeting dated 17 June 2026, item 09. [S1, resolution p.2]
11. 18 June 2026 — current Mukhyamantri Homestay Protsahan Yojana 2026 issued. S1 repeals the 2024 resolution, sets the current route and orders publication in the extraordinary Bihar Gazette. [S1, resolution pp.1–2]
12. 03 August 2026 — Bihar Tourism website current update date. The official English scheme page links the 2026 PDF and Tourism Services Portal. [S2]

Supersession conclusion

The 2024 homestay/B&B resolution is expressly repealed by S1. It must not be described as current. S1 contains limited transitional/legacy language permitting homestays registered under the new scheme to obtain benefits under earlier provisions, but that language does not revive the prior eligibility or registration rules generally. No later Bihar Tourism amendment/corrigendum expressly modifying S1 was located as of the review date. A separately downloadable Bihar Gazette publication corresponding to S1 was Not stated in the current official material reviewed.

03 / Category definitions

Choose the right accommodation category

The 34 currently listed tourist places

The official Hindi schedule lists the following 34 locations; English names below are research transliterations and the Hindi schedule controls. [S1, cl.2.1(e), Annexure pp.2–3]

Practical consequence: a property in Patna, Darbhanga or another unlisted destination does not fit the presently published geographic scope merely because tourism exists there.

04 / Eligibility decision tree

Check whether the applicant and property qualify

Start with the exact property address and local-body category.

1. Is the property within 5 km of one of the 34 destinations listed in S1?

• No: does not appear to fit the published homestay definition under the presently published 2026 scheme, unless the Department has subsequently amended the list.
• Uncertain because the 5-km radius boundary has not been officially mapped: obtain coordinates and written district/Department confirmation → Confirm this in writing with the authority.
• Yes: continue. [S1, cl.2.1(e)–(f)]

1. What is the property ownership/lease position?

• Clear sole ownership → continue.
• Joint ownership → obtain written NOC from every co-owner → continue. [S1, cl.2.2(f)]
• Registered/valid lease of at least 10 years → potentially supported for scheme route → continue. [S1, cl.2.2(e)]
• Lease shorter than 10 years → This does not appear to fit the published route for the published incentive route.
• Informal possession, licence, management agreement only, disputed title or unresolved encumbrance → Confirm this in writing with the authority / may fail the published tenure requirement.

1. Who is the applicant?

• Individual owner/qualifying lessee with Aadhaar, PAN and Aadhaar-linked bank account → continue.
• Company, LLP, partnership, trust or society → Confirm this in writing with the authority.
• SHG → additional incentive is expressly contemplated, but whether the SHG itself or an individual member must be registration holder is not explicit → Confirm this in writing with the authority.
• State/Central government employee/appointed/contract worker seeking scheme benefit → scheme says such person is not eligible for scheme benefit; whether a registration-only route survives is not explicit → Confirm this in writing with the authority. [S1, cl.2.2(d)]

1. Does the applicant have to be Bihar-domiciled?

• A legal domicile certificate requirement is Not stated in the material reviewed.
• Do not reject or approve based on domicile without Department clarification → Not established in the published material.

1. Who will live at the property?

• Owner resident → permitted by definition.
• Owner lives elsewhere → expressly not disqualifying; continue. [S1, cl.2.1(a)]
• Only caretaker/staff live there → residence itself is not prohibited, but caretaker as registration holder is not established → Confirm this in writing with the authority if caretaker is intended to hold legal responsibility.

1. Who will operate it?

• Registration-holder owner/lessee directly operates → closest fit to published structure.
• Separate professional management company handles bookings, employees and guest operations → the scheme does not expressly define this split → Confirm this in writing with the authority.
• Company wants to be registration holder while property owner is an individual → Confirm this in writing with the authority.
• A management agreement alone does not satisfy title/qualifying lease requirements.

1. How many rooms are in the accommodation unit?

• 1–8 rooms → may fit; minimum number was not located.
• More than 8 total rooms in the accommodation unit → does not appear to fit the published homestay definition.
• Building has more than 8 rooms but only 8 will be offered to guests → wording appears to count accommodation-unit rooms rather than only letting rooms; Confirm this in writing with the authority.

1. How many beds/guests are planned?

• No published maximum-bed/guest-capacity rule was located → Not established in the published material.
• Do not create a bed cap from another state's rules.

1. Is the building existing, proposed, under construction or already running?

• Existing home converted/upgraded → expressly contemplated → This appears to fit the published route, subject to the remaining checks, subject to all other conditions. [S1, cl.2.2(a)]
• New homestay construction → expressly contemplated, but local land/building approvals remain separate → This appears to fit the published route, subject to the remaining checks if approved locally.
• Existing running homestay under previous scheme → transition/legacy-benefit wording exists, but complete certificate-transition treatment is not specified → Confirm this in writing with the authority.
• Hotel/resort/motel/guest house/boarding or lodging house → Consider another accommodation category; it does not fit the current homestay scheme.

1. Is the property in a protected/environmentally sensitive area?

• Valmiki/Bhimbandh/forest/ESZ, or close to nationally protected monuments → tourism eligibility does not override those restrictions → Confirm this in writing with the authority before acquisition or construction.
• No overlay identified → continue with ordinary local approvals. Use these branches as a starting test and confirm the result for the exact property.

05 / Applicant and operating structures

Set the ownership and operating structure

06 / Property and classification standards

Prepare the property for inspection

The 120 sq ft room and 30 sq ft bathroom standards, utilities and safety requirements appear in the controlling checklist/standards.

07 / Documents and declarations

Assemble the application file

Download the Bihar property and application checklist ↓

08 / Application and inspection process

Follow the application and inspection process

Authority structure. The Regional Homestay Committee includes a senior sub-divisional/district-designated tourism officer as chair, tourism-information/Directorate nominee, engineering nominee, tour-operator/travel-agent representative, Bihar Hotel Association representative, and a JEEViKA district project manager as special invitee; quorum is three. [S1, Annexure pp.14–16] The Tourism Department/Directorate may also inspect without prior notice. [S1, Annexure p.16]

09 / Fees, timelines, validity and renewal

Confirm fees, timing and certificate validity

Legacy certificates

S1 repeals the 2024 resolution but contains legacy-benefit language. It does not clearly state whether every 2024 certificate:

• continues unchanged to its original expiry;
• automatically migrates;
• must be re-registered under 2026; or
• uses a different renewal process. Legacy-certificate transition: Not stated in the material reviewed IN SUFFICIENT DETAIL.

10 / Operating duties after registration

Run the registered homestay correctly

Certificate, standards and monitoring

The unit must remain compliant with government orders, directions, SOPs and scheme standards. The Department may verify/inspect it, including without advance notice. A District Tourism Officer is to monitor every registered unit once every six months and upload geotagged photographs/report. [S1, pp.5–6, 14–16] An annual operational/standards self-declaration is due by/on 30 April. False or misleading information may result in cancellation/recovery proceedings. [S1, p.6]

Guest records

For each booking/guest, S1 requires records including:

• name;
• address/mobile;
• identification number;
• arrival date/time;
• departure date/time;
• city/place arrived from;
• next/departure city/place; and
• signature. A valid government photo ID is required; a passport is mandatory for a foreign citizen. Copies are to be kept securely, guest data is to remain confidential and access is limited to authorised personnel. [S1, cls.2.5.1, pp.6–7] A specific domestic guest-register retention period is Not stated in the material reviewed in S1.

Foreign guests

Current central law requires the keeper of an accommodation, expressly including a home stay, to:

• record prescribed particulars and signature;
• maintain those particulars electronically for at least one year;
• transmit completed Form III electronically to the Registration Officer within 24 hours of arrival; and
• transmit departure information electronically within 24 hours of departure. [S10, r.17(1), (5), (6), (7)(a); Form III] S1's reference to Form C/local police should therefore not be used as a substitute for current Rule 17. Whether Bihar wants an additional local-police step is unresolved.

Tourism statistics

S1 requires monthly totals of domestic and foreign tourists to be supplied to the Directorate of Tourism. [S1, p.7] The submission format, deadline day within the following month and portal field layout are Not stated in the material reviewed.

Safety and upkeep

The operator must maintain the mandatory room/bathroom standards, electricity, water, kitchen cleanliness, pest-control records, first aid, emergency contacts and safety measures described in Section 8. [S1, pp.7–9]

Rate display and billing

• mandatory tariff/rate-display rule: Not stated in the material reviewed IN CURRENT HOMESTAY SOURCES;
• prescribed invoice format: Not stated in the material reviewed;
• mandatory guest complaint register: Not stated in the material reviewed;
• portal complaint facility: contemplated by S1. [S1, p.10] Tax invoices remain subject to applicable tax law independently.

Staff/caretaker

The scheme places business responsibility on the owner and refers to employees, but:

• minimum staffing: Not stated in the material reviewed;
• caretaker requirement: Not stated in the material reviewed;
• police verification of staff/caretaker: Not stated in the material reviewed;
• local-employment quota: Not stated in the material reviewed. The Department may provide training to owners/staff; training support is not the same as a mandatory local-hiring condition. [S1, pp.13, 17–18]

Food

S1 expects a clean/safe kitchen and promotes local food, but it does not waive FSSAI requirements. Where food preparation/supply constitutes a food business, the actual FBO must determine the appropriate FoSCoS registration/licence route. From 01 April 2026, FSSAI's general turnover categorisation is registration up to ₹1.5 crore, State licence above ₹1.5 crore and up to ₹50 crore, and Central licence above ₹50 crore, subject to activity-specific criteria. FSSAI registrations/licences now have perpetual validity unless suspended, cancelled or surrendered. [S12 paras 3–5; S13 Q2–Q4; S14]

Insurance

No mandatory homestay-insurance policy or minimum cover was located in S1. Practical business recommendation, not a published requirement: property, public-liability, employee/workmen, fire and business-interruption cover should be assessed according to ownership, staffing, food service and guest exposure.

11 / Adjacent approvals and dependencies

Close the approvals outside Tourism

Heritage warning

Several listed Bihar destinations are archaeological or monumental sites. Under the central AMASR Act, the standard statutory framework creates a 100-m prohibited area from the protected boundary and a further 200-m regulated area, subject to the Act's qualifications and any specific notification. Construction/renovation questions in those areas require the competent heritage process. [S21, ss.20A–20D] Because Bihar's tourism eligibility radius is 5 km, being eligible for the homestay scheme can coexist with being too close to a protected monument for proposed construction. The two tests are independent.

12 / Incentives, subsidy and funding

Evaluate incentives without assuming sanction

14.1 Mukhyamantri Homestay Protsahan Yojana 2026 — financial assistance

Scheme: Mukhyamantri Homestay Protsahan Yojana 2026. Authority: Bihar Tourism Department. Source: S1 cl.4.1. Eligible property/location The homestay must satisfy the current scheme, including the 34-destination/5-km restriction and registration requirements. Eligible project types S1 expressly includes:

• new proposed homestays;
• upgradation of existing homestays; and
• establishment/upgradation/construction of homestay rooms in an existing house. [S1, cl.2.2(a)] Eligible room base Assistance is limited to four rooms, even though a homestay may contain up to eight rooms. [S1, cl.2.2(b)] Verified assistance
• up to ₹2.5 lakh per eligible room; or
• actual expenditure according to the approved design,
• whichever is lower;
• maximum four assisted rooms;
• ordinary maximum ₹10 lakh. [S1, cl.4.1, p.16] This is therefore not a blanket “₹10 lakh subsidy”: actual approved eligible expenditure can produce a lower amount.

14.2 Additional assistance

For the categories specified in S1:

• women;
• Self-Help Groups; and
• youth entrepreneurs aged 18–25 years at the time of application, an additional ₹25,000 per eligible room is stated, with an overall stated ceiling of ₹11 lakh. [S1, p.17] Whether an SHG itself is the legal Tourism registration holder is not clearly explained and should not be inferred merely from this incentive clause.

14.3 Disbursement

The verified staged structure is:

[S1, cl.4.2, p.17] This means the headline sanctioned amount is not described as a single upfront construction grant.

14.4 Five-year operation/recovery condition

A beneficiary receiving financial assistance must keep the unit operating for at least five years from COD. Early closure/noncompliance can trigger recovery:

The scheme states 9% simple interest per annum in the recovery framework. Recovery can proceed under the Bihar & Orissa Public Demands Recovery Act, 1914. [S1, pp.18–19] The beneficiary gives an undertaking on ₹1,000 stamp paper concerning proper use of assistance and recovery for fraud/false documentation/noncompliance. [S1, p.20]

14.5 Non-financial support

S1 identifies possible support including:

• listing/promotion through Bihar Tourism's website/social channels;
• inclusion in promotional literature;
• encouraging tour operators/travel agents to include homestays;
• training for owners/staff. The Director may modify/add/withdraw non-financial incentives, and the State disclaims liability for losses from changes. [S1, cls.4.3 onward, pp.17–18]

14.6 Bank route and interest subsidy

A compulsory bank-loan route, interest-subsidy formula or bank-linked credit guarantee under the 2026 homestay scheme itself was Not stated in the material reviewed. The Aadhaar-linked bank account/cancelled cheque is required for the scheme, but that is not evidence of a bank loan requirement.

14.7 Broader Bihar Tourism Policy incentives

Bihar Tourism Policy 2023/2024 materials contain a separate eligible category for Rural Tourism Project/Tourist Village/Cultural Village/Farm Stay, with a minimum-project-cost framework. Ordinary homestay was not located in the relevant eligible-project list reviewed. [S6–S7] Therefore: DO NOT add Tourism Policy 2023 fiscal incentives to a 2026 homestay project unless the Tourism Department separately confirms the project qualifies under both regimes.

14.8 Availability/budget status

S1 states an indicative governmental expenditure of approximately ₹25 crore over five financial years for the scheme objective, but this is a budget/programme statement, not an individual entitlement. The scheme runs through the stated period to 2031 / FY 2030–31 unless amended, replaced or closed. [S1, resolution p.2; cl.2.3] Whether applications for every destination remained open with uncommitted budget on 05 September 2026 could not be confirmed from a public allocation dashboard. Assistance is separately scrutinised and sanctioned; it must not be treated as automatic.

13 / Business implications

Translate the rules into a workable project

Before selecting or acquiring a property

the project team should establish at minimum:

1. exact geocoordinates;
2. which of the 34 notified tourism places is relied upon;
3. evidence that the site falls within the published 5-km radius;
4. current title and encumbrance position;
5. whether title is sole/joint/inherited;
6. if leased, whether the lease satisfies the published ≥10-year requirement;
7. local-body/planning jurisdiction;
8. current recorded land use and whether conversion is required;
9. protected monument, forest, wildlife and ESZ overlays;
10. existing sanctioned building position;
11. number of rooms in the entire accommodation unit; and
12. identity of the proposed Tourism registration holder. A capital-only participant cannot solve the regulatory question before these property/applicant facts exist.

Before construction or renovation

A homestay PRC or scheme eligibility should not be treated as building permission. Before works begin, the project team should have the architect/local adviser identify:

• applicable amended Bihar Building Bye-Laws/local regulations;
• sanctioned-plan requirements;
• completion/occupancy requirements;
• land-conversion requirements;
• Fire NOC/audit position;
• heritage/ASI restrictions;
• ESZ/forest/wildlife restrictions;
• electrical load;
• water/sewage arrangement; and
• whether proposed 120-sq-ft rooms and 30-sq-ft attached bathrooms can be legally created. The unresolved 12-month + six-month extension versus 24-month new-project deadline should be answered in writing before a construction programme is promised.

Registration holder versus operating entity

The located scheme does not expressly establish that:

• an individual may hold registration while a company/LLP is the declared operator;
• an LLP/company can itself hold the registration;
• a professional management company can replace the registered owner/lessee for statutory duties; or
• a management agreement transfers scheme responsibility. The scheme expressly places responsibility for the business and the conduct of employees/guests on the owner in its liability provisions. [S1, cl.2.6.8] Accordingly, the project team should not represent a split owner/operator structure as regulator-approved until the Tourism Department answers that question.

What an LLP or management agreement cannot solve by itself

An LLP, company, revenue-share agreement, hotel-management agreement or operating contract cannot by itself cure:

• an ineligible address;
• a building with more than the permitted room count;
• defective title;
• a lease shorter than the scheme requires;
• absence of co-owner consent;
• prohibited land use;
• unauthorised construction;
• heritage/forest/ESZ restrictions;
• lack of applicable fire/food/tax approvals; or
• uncertainty about who legally holds the Tourism certificate.

Property assessment and commercial planning should include

• scheme-radius evidence;
• ownership/lease evidence;
• building-room inventory;
• room/bathroom dimensional survey;
• utility capacity;
• renovation/legalisation scope;
• local approval dependencies;
• project timing under both conflicting scheme clauses;
• likely qualifying versus non-qualifying subsidy expenditure;
• five-year incentive lock-in/recovery exposure;
• operator versus registration-holder structure;
• FSSAI responsibility if meals are served;
• foreign-guest reporting capability;
• monthly tourism-statistics process;
• annual 30-April declaration; and
• six-monthly inspection readiness.

Questions that must be answered before the project team proposes business terms

• Who will own the property?
• Who will be the qualifying lessee, if any?
• Who will hold the Tourism registration?
• Is that holder an individual or entity?
• Who will hold the bank account receiving incentives?
• Who will employ staff?
• Who will be the FBO?
• Who will issue guest invoices?
• Who will file Form III for foreign guests?
• Who will maintain guest records?
• Who bears subsidy-recovery liability?
• Who is responsible for local approvals?
• Can the professional manager's role be recorded with Tourism?
• What happens to registration if property is sold, inherited, leased to a new person or the management agreement terminates? No fixed equity percentage, capital contribution or revenue-share arrangement is supported by the regulatory sources and none is recommended here.

14 / Official-source conflicts

Resolve conflicting official instructions

Conflict 1 — construction deadline

Source A: S1, cl.2.6.6(b)–(c), Annexure p.12. Proposition A: PRC holder has a maximum 12 months to complete construction; a maximum six-month extension may be considered. Source B: S1, cl.2.6.6(f), Annexure p.13. Proposition B: a new proposed project must construct/start operations within 24 months; upgradation/existing homestay gets 12 months. Both provisions are in the same 18 June 2026 instrument. Neither expressly says that cl.2.6.6(f) overrides cl.2.6.6(b), and 12 months + maximum six-month extension produces 18 months, not 24. Status: `The official sources are not aligned`. Affected properties: new-build/proposed homestays requiring construction after PRC. Authority to resolve: Director, Tourism Department, preferably confirmed by Secretary/Principal Secretary if necessary.

Conflict 2 — “Homestay / BnB” terminology

Source A: S1, the controlling 2026 resolution/guidelines, establishes the category as Homestay and repeals the earlier 2024 resolution. It does not separately define a current B&B category. Source B: S2, the current official English webpage, says residents may register homes as “Homestay / BnB units.” The implementation webpage may be using BnB colloquially or carrying forward older terminology, but it does not establish whether B&B is legally identical to the 2026 homestay category. Status: `The official sources are not aligned`. Affected properties: operators wishing to register, advertise or structure themselves specifically as “B&B” rather than homestay. Authority to resolve: Director, Tourism.

Conflict 3 — Bihar “Form C” wording versus current central Form III

Source A: S1 instructs foreign-tourist reporting to local police using the prescribed Form C. Source B: S10, Rule 17 of the Immigration and Foreigners Rules, 2025, requires electronic Form III, with the form itself labelled “[Earlier FORM ‘C’]”, within 24 hours of arrival and departure. It expressly includes homestays. The national-law portion is resolved by hierarchy/currentness: operators should comply with the current Rule 17/Form III duty. What is not resolved is whether Bihar intends an additional separate local-police copy/process. Status: current central obligation settled; additional Bihar step unresolved. Affected properties: any Bihar homestay accommodating foreigners/OCI cardholders within Rule 17. Authority to resolve: Registration Officer/FRRO or district SP/DCP as applicable, copied to Tourism Department.

Conflict 4 — GST accommodation-rate material

Source A: the CBIC services-rate webpage reviewed continues to surface 12% for hotel accommodation valued at or below ₹7,500 per unit/day. [S23] Source B: Ministry of Finance/PIB FAQ dated 16 September 2025 says such hotel accommodation “shall have to charge” 5% without ITC following the 56th GST Council changes. [S24, Q6–Q7] A GST Council recommendation or PIB FAQ is not a substitute for tracing the operative rate notification, and that implementing services-rate notification was not located in this research pass. Status: `The official sources are not aligned FOR PURPOSES OF THIS guide`. Practical effect: this guide does not publish a settled current accommodation GST rate. Authority/source required to resolve: current CBIC rate notification/amending notification and transaction-specific tax review.

Conflict checked and resolved — FSSAI turnover thresholds

Older official FSSAI material may still surface legacy ₹12-lakh registration wording. S12 dated 13 March 2026 expressly states that its new thresholds supersede all earlier orders and regulations concerning turnover thresholds/criteria and applies from 01 April 2026. Therefore this is not an unresolved conflict: use S12/S13.

15 / Unresolved questions for the authority

Take the remaining questions to the authority

The following questions are suitable for written submission to the Bihar Tourism Department.

1. Construction deadline: Under cl.2.6.6(b) of the 2026 guidelines, PRC construction must be completed within 12 months and cl.2.6.6(c) permits at most six additional months, while cl.2.6.6(f) gives a new proposed project 24 months. Which period legally applies to a new-build homestay, and has a corrigendum/amendment been issued?
2. Company applicant: Can a company incorporated under the Companies Act own/lease an eligible property and be named as the homestay registration holder under the 2026 scheme? If yes, what replaces the applicant Aadhaar and Aadhaar-linked individual bank-account fields?
3. LLP applicant: Can an LLP be the registration holder and/or financial-incentive beneficiary? If yes, which partner/designated-partner identity documents are required?
4. Partnership/trust/society: Are partnership firms, trusts and societies eligible registration holders under cl.2.2, or must the application be filed by an individual owner/lessee?
5. SHG status: The incentive clause grants additional assistance to SHGs. Is the SHG itself eligible to hold the Tourism registration, or must an individual member be the applicant?
6. Professional management company: May a registered individual owner/lessee appoint a professional management company to control reservations, guest communications, staffing and property operations while the Tourism certificate remains in the owner's/lessee's name?
7. Caretaker: Because cl.2.1(a) states that the owner need not reside on the premises, is an on-site caretaker compulsory? If so, must the caretaker be named or police-verified?
8. Government employee provision: Does cl.2.2(d) bar a government employee only from financial incentive, or from homestay registration itself?
9. Domicile/residency: Does the 2026 scheme require Bihar domicile, permanent residence or any local-residency certificate? If yes, please identify the clause/order and required document.
10. Eight-room test: If a residential building contains more than eight rooms in total but no more than eight are proposed for guest accommodation, does cl.2.1(a) disqualify the entire property?
11. Beds/guest capacity: Is there a separate maximum number of beds or overnight guests for an eight-room homestay?
12. Minimum rooms: Is there a minimum number of guest rooms required?
13. 5-km boundary: Is there an official GIS/map layer for determining the five-kilometre radius, and from which exact point/polygon of each listed attraction is distance measured?
14. B&B terminology: Does the 2026 scheme legally retain a separate “Bed & Breakfast” category, or is the “Homestay / BnB” wording on the official English webpage only descriptive?
15. Registered lease: Must the ≥10-year lease under cl.2.2(e) be compulsorily registered, and must ten years remain on the lease as of application/PRC/COD?
16. Existing 2024 certificates: What is the validity/renewal route for homestays registered under Resolution No.3644 dated 06.08.2024 after its repeal?
17. Sale/succession: What happens to a five-year registration if the registered owner dies, transfers the property, gifts it, or sells it?
18. Change of lessee/operator: Is an amendment possible where property ownership remains unchanged but the lessee or professional operator changes?
19. Room amendment: What portal process applies to increasing/decreasing registered rooms without exceeding eight?
20. Building documents: Does Tourism require a sanctioned building plan, completion certificate or occupancy certificate at application, PRC, inspection or COD even though these are not listed in cl.2.6's document schedule?
21. Fire document: Is a Bihar Fire Service NOC/audit report mandatory for every homestay, or only where separate fire/building law thresholds are triggered?
22. Staff verification: Is police verification required for staff or caretakers?
23. Domestic guest ID retention: For how long must domestic guest ID copies and the Tourism guest register be retained?
24. Monthly statistics: What is the prescribed format, portal page and deadline for monthly domestic/foreign tourist statistics?
25. Foreign guests: After the Immigration and Foreigners Rules, 2025 replaced Form C with electronic Form III, does Bihar Tourism require any additional physical/local-police reporting?
26. Renewal window: How many days/months before the five-year certificate expiry may or must renewal be filed?
27. Application amendments: Can an applicant change proposed design, room count, owner, lease or bank account after application/PRC but before COD?
28. Subsidy eligible expenditure: What cost heads are included/excluded from “actual expenditure as per approved design” for the ₹2.5-lakh-per-room assistance?
29. Budget availability: Is there a destination-wise or district-wise cap and how can an applicant confirm that 2026–27 sanction capacity remains available before expenditure?
30. Gazette copy: Please provide the Bihar Gazette publication number/date for the 18 June 2026 resolution and identify any corrigendum or amendment issued after publication.