Starting a Homestay in Jammu and Kashmir

01 / Executive finding

The practical starting point

• The current homestay-specific instrument located is Government Order No. 89-JK(TSM) of 2022 dated 30 June 2022, with Annexure A titled the guidelines for registration of Homestay/Paying Guest Houses. A 2026 J&K Legislative Assembly response expressly says the Tourism Department notified these guidelines and is actively implementing them. No later final instrument expressly repealing or replacing Order 89 was located. [S2, pp. 1–23; cl. 3–17] [S13, p. 22]
• The published model is fundamentally an owner/family residential model. The introductory text describes homestay as a family business carried out by the house owner and says a local resident staying in their own house can start one. Clause 6.4.4 further says the owner of the house will operate the homestay and will not sub-let it. [S2, pp. 3–6; introduction; cl. 6.4.4]
• A formal J&K domicile/permanent-resident-certificate requirement for homestay registration was not located. Order 89 uses the concept of a “local resident” and asks for Aadhaar, family details and property documents, but its homestay document checklist does not state a separate domicile or permanent-resident certificate. The exact meaning of “local resident” therefore requires clarification before publication as a hard eligibility test. [S2, introduction; Annexure I]
• The geographic test is not completely aligned within the official framework. Clause 5 says the scheme operates throughout rural and urban “tourist areas” of J&K, while clause 6.1.1 says the proposed unit must be in a notified tourist area/tourist destination or an area near a lesser-known destination having good tourism potential. The parent Act separately defines a tourist area by Gazette notification. An address outside an obviously notified tourist destination therefore needs written jurisdictional confirmation. [S2, cl. 5(i), 6.1.1] [S4, s. 2]
• The homestay is limited to a minimum of one and maximum of four guest bedrooms; the classification checklist states a maximum of eight beds. The building must also retain adequate accommodation for its inmates, so the four guest rooms are not necessarily the building's total rooms. [S2, cl. 6.2.3, 6.3.1; Annexure III]
• There is a material internal conflict over leasing. The substantive guideline says the owner operates the homestay and does not sub-let it, but Annexure I expressly asks for a rent/lease deed and owner NOC “if applicable”, while Annexure II asks whether title is owned or leased and requires sale/lease documentation. This does not safely establish that a long-term lessee, management company or non-resident owner can be the registration holder. [S2, cl. 6.4.4; Annexure I item 4; Annexure II item 7] The official sources are not aligned.
• Classification is Silver or Gold. Annexure III contains a detailed facilities checklist and marks requirements as mandatory or desirable. However, machine extraction of the official 23-page PDF does not preserve all Silver/Gold column alignments reliably, especially the exact grade-specific bedroom-size figures. Those figures should not be treated as settled until the official table is visually re-verified or supplied in an accessible official format. [S2, Annexure II–III, pp. 16–21]
• Inspection is district-based. Order 89 specifies a committee comprising the district Prescribed Authority as chair, the relevant Tourism Development Authority engineer or M&W engineer, and a JKTDC representative not below Manager; quorum is two members. The premises must remain ready for inspection after application. [S2, cl. 8.1–8.2]
• Registration is to be renewed every three years. The homestay-specific guideline does not state a current rupee amount for registration or renewal; it says the fee is “as prescribed”/mandated under the Tourist Trade Act framework. A 2023 notification available on the Law Department site contains a revised fee table, but the document itself expressly describes the amendments as draft; it therefore cannot safely supply today's fee. [S2, Annexure I item 10; cl. 12.1] [S11, pp. 1–4, draft only]
• The present filing channel is not aligned across official sources. Order 89 says units may be registered through offline/online mode. Earlier 2019 e-services orders had required portal-only processing, subject to temporary offline extensions, while the current JanSugam page for “Registration of Paying Guest House” states “In Person”. The official sources are not aligned. [S2, cl. 12.2] [S8, current service page] [S9, GO 97-TSM/2019] [S10, GO 37-JK(TSM)/2020]
• Tourism registration does not resolve land title, planning/building legality or other approvals. Order 89 itself says tourism registration confers no property rights; section 49 of the Tourist Trade Act expressly preserves local-authority powers. Building permission/use, fire requirements, water/electricity classification, environmental permissions and protected-area controls remain property-specific. [S2, cl. 6.5.3] [S4, s. 49]
• Foreign-guest reporting is now governed by the Immigration and Foreigners Rules, 2025. “Accommodation” expressly includes a paying guest house and home stay. The keeper must maintain the prescribed foreigner particulars electronically for at least one year and transmit Form III—identified in the Rules as the earlier Form C—within 24 hours of arrival and departure. [S17, r. 17; Form III]
• Food regulation is separate. If the operation constitutes a food business, FSSAI/FoSCoS registration or licensing must be considered on the actual food-business activity. From 1 April 2026 FSSAI's general turnover thresholds are registration up to ₹1.5 crore, State licence above ₹1.5 crore and up to ₹50 crore, and Central licence above ₹50 crore, subject also to category-specific criteria. Order 89's family-kitchen/catering provisions do not substitute for FSSAI compliance. [S15, para. 3–5]
• There is no separate J&K “Homestay Incentive Policy” at present according to an official 2026 Assembly reply. Order 89 merely contemplates homestays becoming eligible under government-agency incentive schemes. Generic Tourism Policy 2020 incentives exist in official policy material, but homestay-specific eligibility, current application opening and sanction route were not established and must not be treated as automatic. [S2, cl. 7] [S13, p. 14] [S14, pp. 26–27]
• Evidence is sufficient to explain the basic homestay model, capacity, core documentation, inspection and operating duties, but not yet sufficient for a public guide to present the lease/operator route, exact address eligibility, current fee/payment route, filing channel or all grade-specific dimensions as settled law. Resolve the clarifications identified below. [S2; S8; S11–S13]

02 / Document chronology

Use the current rules and implementation

1978 — Registration of Tourist Trade Act. The parent statute creates registration requirements for hotels and other tourist trades, Prescribed Authorities, refusal/cancellation, appeals, inspections, rate/display/billing provisions, change notifications and penalties. Its hosted version incorporates post-reorganisation adaptations. [S4] 1979 onward — Tourist Trade Rules. Order 89 refers to the Tourist Trade Rules and statutory/government orders issued from time to time. A fully reliable current consolidated official copy incorporating every amendment was Not stated in the current official material reviewed during this review. 2018 — SRO-467/Public Services Guarantee framework. “Registration of Hotels, Guest Houses etc.” was assigned a 30-day service period, with Deputy Director (Registration)/Assistant Director Tourism as jurisdictional designated officer. Homestays are not expressly named in this row, so the 30-day period should not be stated as a guaranteed homestay approval period. [S7, p. 1] March 2019 — GO 97-TSM. The Tourism Department adopted its e-services portal and ordered registration/renewal under the Tourist Trade Act to be portal-only. [S9] May–September 2019 — GO 140 and GO 188. Later GO 37/2020 records temporary permissions for offline handling due operational circumstances, extended to 31 December 2019. [S10, p. 1] February 2020 — GO 37-JK(TSM). Offline handling was further temporarily authorised through 31 March 2020. The stated period has expired. [S10] 2020 — J&K Tourism Policy 2020. Official 2026 Assembly material still refers to the policy as the Tourism Policy-2020. It is relevant mainly to sector policy/incentives, not as a substitute for Order 89's homestay procedure. [S13, pp. 4–5] 31 March 2022 — Order 50. Tourism Department document history records constitution of a committee for a Home Stay Policy. Its work culminated in the later procedural guidelines. 21 June 2022 — Order 81. The Tourism Department orders register identifies procedural material concerning incentives under Tourism Policy 2020. The complete operative file could not be reliably inspected in this review, so its homestay applicability is NOT CONFIRMED. 30 June 2022 — Order 89-JK(TSM). Homestay/Paying Guest House procedural guidelines issued, with Annexures I–V. It says the scheme takes effect from notification. [S2] 17 August 2022 — Order 98. Committee constituted for simplification of registration under the Tourist Trade Act. [S1] 10 October 2022 — Order 122. Nodal arrangements for rural homestay promotion were issued. This is useful implementation history; historic officer names should not be treated as current contact details. 10 October 2023 — S.O. 521 listing/draft amendment. The Law Department index describes amendments to the Tourist Trade Rules, but the actual PDF expressly states that the Government is publishing draft amendments for objections and that they would be considered after 15 days. It proposes, among other changes, a fee table and three-year renewal. It therefore cannot be treated as proof that its proposed fee table became operative. [S11, pp. 1–4] 2024 — simplification activity and new draft rules. Tourism Department orders during 2024 constituted/reconstituted committees concerned with simplification, while the Department's current website continues to list a “Draft J&K Tourist Trade Rules” dated 30 July 2024. No final notification replacing Order 89 was located. [S12] 1 September 2025 — Immigration and Foreigners Rules, 2025. These replace the older foreigner-reporting rule architecture subject to savings and now expressly cover a “home stay” under accommodation reporting. [S17, r. 17] 2025–2026 — building-control amendments. The Unified Building Bye-Laws 2021 continue to be amended, including S.O.304/2025, S.O.58/2026 and S.O.207/2026. This reinforces that building compliance must be checked against the address and latest local planning instrument rather than inferred from Tourism registration. [S22] 13 March/1 April 2026 — FSSAI thresholds. Revised food-business turnover thresholds were ordered on 13 March and took effect 1 April 2026. [S15] 2026 — Legislative Assembly confirmation. The Tourism Department states that Order 89's homestay/PGH guidelines remain actively implemented. The same 2026 official material states there is presently no separate Homestay Incentive Policy. [S13, pp. 14, 22] Supersession finding: No later final instrument expressly rescinding Order 89 was located. The 2023 and 2024 rule material located is draft material and cannot silently supersede the 2022 homestay guideline.

03 / Category definitions

Choose the right accommodation category

The generic Tourist Trade Act definition of a hotel is broader than Order 89's homestay definition. The generic definition must therefore not be used to conclude that a corporate hotel operator or manager can operate an Order-89 homestay.

04 / Eligibility decision tree

Check whether the applicant and property qualify

1. Start with the exact property address, khasra/revenue details and local-body/planning authority.

• Clearly within a notified tourist area/destination, with the Tourism office accepting that address under Order 89 → continue.
• Near a lesser-known destination with tourism potential, but not clearly within a notified tourist area → Confirm this in writing with the authority.
• Clearly outside the published geographic test → does not appear to fit the published homestay definition unless the Tourism authority confirms another qualifying basis. [S2, cl. 5(i), 6.1.1; S4, s.2]

1. Identify property ownership.

• Individual owner with clear title and Tehsildar ownership certificate → continue.
• Joint/co-sharer/inherited title → obtain co-sharer documentation/affidavit as applicable and confirm who may be the proprietor → This appears to fit the published route, subject to the remaining checks only after title/consent is settled.
• Long-term lessee → Annexures contemplate lease documents, but substantive clause says owner operates/no subletting → Confirm this in writing with the authority.
• Company/LLP-owned property → Not established in the published material for company/LLP as homestay registration holder. [S2, cl.6.4.4; Annexure I–II]

1. Identify the applicant and residency position.

• Local individual owner actually staying in their own house → strongest published fit → continue.
• Owner living elsewhere → Confirm this in writing with the authority.
• Caretaker-only residence → Not established in the published material.
• Applicant relies only on domicile status but will not live in the house → domicile alone is not enough evidence of fit → Confirm this in writing with the authority. [S2, introduction]

1. Identify who will live at the property.

• Owner/family retains adequate inmate accommodation and guests live in a shared residential setting → continue.
• Entire building is dedicated to guests with no meaningful owner/family residential component → Consider another accommodation category.
• Property is intended to function as a stand-alone commercial guest house → Consider another accommodation category. [S2, cl.6.2.3, 6.5.2]

1. Identify who operates and contracts with guests.

• Resident owner operates → strongest fit → continue.
• Lessee operates → Confirm this in writing with the authority.
• Professional management company takes over guest contracting/operation → Confirm this in writing with the authority.
• Caretaker is the sole de facto operator → Not established in the published material. [S2, cl.6.4.4]

1. Check room and bed plan.

• 1–4 guest bedrooms and not more than 8 guest beds → continue.
• More than 4 guest bedrooms or more than 8 beds → This does not appear to fit the published route and Consider another accommodation category. [S2, cl.6.2.3, 6.3.1; Annexure III]

1. Check physical readiness.

• Accessible by road; dependable water/power; building well maintained; family kitchen; required guest facilities; classification checklist capable of being met → continue.
• Major missing facilities → upgrade before inspection.
• Building itself lacks planning/building legality → Tourism registration cannot cure that → Confirm this in writing with the authority from the planning/local body before proceeding. [S2, cl.6.1–6.4; S4, s.49]

1. Identify construction status.

• Existing lawful residence being adapted → assess renovation permissions, then Tourism eligibility.
• Proposed/new construction → do not design/build solely around Tourism eligibility before local planning/building confirmation → Confirm this in writing with the authority.
• Already running but unregistered → registration compliance must be regularised; operation without required registration can attract Tourist Trade Act consequences → DOES NOT FIT A COMPLIANT OPERATING ROUTE UNTIL REGULARISED. [S4, ss.9, 28] 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

The generic Tourist Trade Act's wider concept of a hotel-keeper or operator should not be used to override Order 89's more specific homestay requirement.

06 / Property and classification standards

Prepare the property for inspection

The classification table should be reconstructed from a clean official page image before a public guide publishes exact Silver-versus-Gold room areas or any row-by-row M/D mapping.

07 / Documents and declarations

Assemble the application file

Stamp paper: a prescribed stamp-paper denomination was Not stated in the current official material reviewed. Character-certificate validity: Not stated in the material reviewed. Police-verification validity: Not stated in the material reviewed. Upload file types, maximum file size, image resolution and naming convention: Not stated in the material reviewed in the publicly inspectable current homestay material.

Download the Jammu and Kashmir property and application checklist ↓

08 / Application and inspection process

Follow the application and inspection process

Order 89 expressly says the establishment must remain ready “at all times” for inspection once it has applied and identifies the district inspection committee and quorum. [S2, cl.8.1–8.2] The parent Act requires a hearing before hotel registration is refused and provides a general appeal to an appellate authority appointed by Government. [S4, ss.11, 26] The publicly inspectable JanSugam page currently exposes only “In Person”; no applicant account was created and no authenticated workflow was tested. [S8]

09 / Fees, timelines, validity and renewal

Confirm fees, timing and certificate validity

The 2023 S.O.521 document should not be used to populate the current fee field because the text expressly says it is publishing draft amendments for objections. [S11]

10 / Operating duties after registration

Run the registered homestay correctly

A registered homestay proprietor should treat the following as operating requirements unless the controlling source is specifically marked otherwise:

• Registration certificate: display the signed Tourism registration certificate conspicuously. [S2, cl.11.8, 15; S4 s.42]
• Rates: display the approved/intimated rate list; charge according to the applicable Tourism-authority framework. [S2, cl.11.5/11.8, 13] The Tourist Trade Act separately contains government rate-fixation and information-display provisions for hotels. [S4, ss.15–16]
• Bills/receipts: maintain a numbered duplicate bill/receipt book and provide proper bills/receipts. The Act also requires detailed bills and receipts. [S2, cl.16.2] [S4, s.17]
• Guest register: guest particulars must be entered before the guest is allowed into the room. Government-approved identity-card details are contemplated. [S2, cl.14.8, 16.1, 16.6]
• Domestic guest record-retention period: Not stated in the material reviewed.
• Tourism statistics: quarterly tourist information must be emailed to the Tourism Department in the prescribed format. The current prescribed template/email route was Not stated in the material reviewed. [S2, cl.11.9]
• Complaint/suggestion book: keep at reception/lobby/living room. [S2, cl.16.3]
• Feedback: Tourism-supplied feedback form/register is part of the operating system and feedback affects renewal. [S2, cl.12.1, 16.4]
• Displayed information: homestay name/signboard, registration certificate, check-in/check-out time, dining closing time, guest guidance, local tourist information, prohibitions and emergency numbers. [S2, cl.15]
• Cleaning: daily cleaning is mandatory; linen after checkout; touchpoints and common areas cleaned. [S2, housekeeping section]
• Waste: dispose of garbage according to applicable notified guidelines. [S2, housekeeping section]
• Food: maintain hygiene; FSSAI/FoSCoS obligations are separate where the activity constitutes a food business. [S15–S16]
• Taxes/dues: proprietor is required by Order 89 to pay applicable taxes, dues, fees and charges and follow applicable laws. [S2, cl.11]
• Foreign guests: Rule 17 of the Immigration and Foreigners Rules 2025 requires the keeper to record particulars of every foreigner, including OCI cardholders, maintain the information electronically for at least one year, and transmit Form III within 24 hours of both arrival and departure. “Accommodation” expressly includes home stay and paying guest house. [S17, r.17]
• Staff police verification: a universal Order-89 requirement for police verification of all staff/caretakers was Not stated in the material reviewed. Applicant police character/verification is expressly required.
• Incident reporting: a general homestay incident-reporting timeframe was Not stated in the material reviewed; criminal/security/fire incidents remain subject to applicable law and emergency procedures.
• Local employment quota: Not stated in the material reviewed as a mandatory homestay condition.
• Mandatory training: Not stated in the material reviewed as a universal registration condition; government capacity-building initiatives do exist.
• Insurance: compulsory homestay insurance Not stated in the material reviewed. Public-liability/property/business-interruption cover is a practical commercial recommendation, not a located Tourism-registration condition.
• Renewal: every three years, subject to tourist feedback. [S2, cl.12.1]

11 / Adjacent approvals and dependencies

Close the approvals outside Tourism

The legal basis for keeping these separate is particularly strong: section 49 of the Tourist Trade Act expressly says the Act does not take away or diminish local-authority powers. [S4, s.49]

GST caution

Section 22 of the CGST Act contains a basic ₹20 lakh registration threshold for suppliers in non-special-category States/UTs and the current text specifically excludes Jammu and Kashmir from the relevant special-category formulation. Sections 23–24 contain exceptions and compulsory-registration rules. Accordingly, ₹20 lakh is not a complete “homestay GST rule”; actual taxable supplies, exemptions, platform/e-commerce arrangements and other statutory provisions require tax review. [S19, ss.22–24]

Udyam

Udyam registration is a separate MSME registration mechanism. It does not prove eligibility under Order 89 and cannot cure owner/residence/property defects.

12 / Incentives, subsidy and funding

Evaluate incentives without assuming sanction

A. Separate J&K Homestay Incentive Policy

Official scheme name: None located as a separate current policy. A 2026 Tourism Department reply to the Legislative Assembly states: “there is no separate Homestay Incentive Policy at present.” [S13, p.14]

• Eligible applicant: N/A as separate policy.
• Eligible expense: N/A.
• Assistance: N/A.
• Bank route: N/A.
• Application timing: N/A.
• Sanction authority: N/A.
• Current applications confirmed open: No separate scheme confirmed.
• Automatic benefit: No.

B. Order 89 incentive clause

Order 89 states that a homestay/PGH shall be made eligible for incentives through a government agency for which an incentive scheme is to be made in accordance with the guidelines. It supplies no standalone amount, ceiling, bank route or entitlement. [S2, cl.7] Interpretation: this is an enabling/contingent statement, not a subsidy sanction.

C. Tourism Policy 2020 — generic tourism-unit capital support

The official J&K Single Window policy compendium states, under Tourism Policy 2020, “sanction of incentives at 15% of eligible capital investment”, subject to a maximum limit to be decided by the Tourism Department, with location categorisation referenced. [S14, p.26]

• Eligible applicant: Tourism units meeting the underlying policy conditions; homestay-specific eligibility NOT CONFIRMED.
• Eligible expenditure: Eligible capital investment under the policy; complete present definition requires operative policy/procedural order.
• Assistance: 15% stated in policy summary; maximum limit to be decided by Tourism Department.
• Bank route: Not stated in the material reviewed/CONFIRMED for homestays.
• Application timing: NOT CONFIRMED OPEN in September 2026.
• Sanction authority: Tourism Department/authority under the actual implementation procedure; exact homestay route NOT CONFIRMED.
• Exclusions: depend on policy category/location and other eligibility provisions.
• Automatic: No.
• Publication position: Do not tell a homestay owner “you will receive 15% subsidy”.

D. Energy-audit support under Tourism Policy 2020

Policy summary lists assistance for commercial-building energy audits linked to BEE star ratings, ranging from 40% to 75%, with a stated cap of ₹5 lakh per unit yearly. [S14, p.26]

• Homestay eligibility: NOT CONFIRMED.
• Application opening in 2026: NOT CONFIRMED.
• Automatic: No.

E. Skill-development allowance

Policy summary states reimbursement of 50% of actual training cost, capped at ₹10,000 per trainee, ₹50,000 per unit for one training programme in a year, with an upper ceiling of 20 units per year; the eligibility text includes an undertaking that trained workers continue to be employed for at least three years. [S14, pp.26–27]

• Homestay eligibility: NOT CONFIRMED.
• Recognised training/institute requirement: applies under policy wording.
• Current applications: NOT CONFIRMED OPEN.
• Automatic: No; the annual unit cap itself demonstrates programme limitation.

F. Loans/credit

A current, homestay-specific J&K government loan product with verified eligibility, interest rate, bank route and open application window was Not stated in the current official material reviewed during this review. Funding conclusion: Commercial planning should assume zero subsidy until a separate written sanction/eligibility determination is obtained.

13 / Business implications

Translate the rules into a workable project

Before selecting or acquiring a property

the project team should establish, at minimum:

• exact address, khasra/revenue identity and local-body/TDA jurisdiction;
• whether Tourism treats the address as falling within Order 89's location test;
• legal ownership and all co-owners;
• whether a lease is proposed;
• who will actually reside in the house;
• who is intended to hold the Tourism registration;
• who will contract with and invoice guests;
• room/bed plan;
• sanctioned building use and existing-building legality;
• road access, water and power;
• protected-area/forest/heritage constraints. A “beautiful property in a tourism district” is not enough evidence of regulatory eligibility.

Before construction or renovation

The project should not be designed on the assumption that a Tourism registration will later cure land-use or building issues. Local building permission, development-authority/master-plan controls, structural alterations, parking, access, sewage/waste, fire requirements and utility-load questions should be resolved first or in parallel. [S4, s.49]

Registration holder versus operating entity

The official material does not currently give a safe basis for stating that the registration holder and the day-to-day operating entity may freely differ. Order 89 says the owner operates the homestay and does not sub-let it. The same document contemplates lease documents. Until Tourism resolves that tension in writing, the project team should not structure a project on the assumption that a company/LLP can simply become guest-facing operator while the owner is a passive registration holder.

What an LLP or management agreement cannot solve by itself

An LLP, operating agreement or revenue-share contract cannot by itself:

• make an ineligible address eligible;
• cure title defects;
• transform commercial guest-house use into residential homestay use;
• satisfy an owner-residence requirement if the authority requires the owner/family to live there;
• override the four-room/eight-bed cap;
• transfer a Tourism registration. The parent Act specifically penalises lending, transferring or assigning a certificate of registration. [S4, s.30]

Property-development scope

Development scope should be conditional on:

• planning/building permission;
• Tourism category;
• grade target;
• lawful room layout;
• utility feasibility;
• food model;
• fire/environmental requirements;
• owner-residence and operating structure.

Property assessment and commercial planning

Every assessment file should separately record:

1. property/legal facts;
2. Tourism eligibility;
3. building/planning status;
4. host/residency model;
5. operating-entity structure;
6. room/bed capacity;
7. required renovations;
8. food/FSSAI model;
9. foreign-guest reporting capability;
10. GST/Udyam/business-registration position;
11. staffing and employment arrangements;
12. insurance plan;
13. renewal/change risks;
14. incentive status, recorded at zero unless sanctioned.

Questions required before business terms are proposed

the project team should know:

• Who owns every share of the property?
• Will the property be leased?
• Who will live there?
• Who does Tourism recognise as the proprietor?
• Who holds the certificate?
• Who takes OTA/direct bookings?
• Who invoices guests?
• Who receives room revenue?
• Who supplies and invoices food?
• Who employs staff?
• Can the proposed management role coexist with clause 6.4.4?
• What happens on owner death, sale, lease termination or management termination?
• Which party bears compliance/renewal/cancellation risk?
• Is any proposed investment conditional on subsidy? No fixed equity percentage, property stake, capital contribution or guaranteed income should be inferred from the regulatory framework.

14 / Official-source conflicts

Resolve conflicting official instructions

Conflict 1 — owner operation versus leased property

Source A: Order 89 introduction and clause 6.4.4. Proposition: homestay is a house-owner/family business; owner operates it and will not sub-let. [S2] Source B: Order 89 Annexure I item 4 and Annexure II. Proposition: rent/lease deed may be supplied “if applicable” with owner NOC, and title may be “owned/leased”. [S2] Date/hierarchy: Same government order and same annexure set. Neither proposition is later or higher. Result: The official sources are not aligned. Affected properties: leased homes, non-resident owners, professional-management structures, company/LLP operating structures. Authority to resolve: jurisdictional Prescribed Authority, with written confirmation from Director Tourism Jammu/Kashmir if necessary.

Conflict 2 — current submission mode

Source A: GO 97-TSM/2019. Proposition: registrations and renewals under Tourist Trade Act were to be online through tourismjk.in; no manual applications. Source B: Order 89/2022 clause 12.2. Proposition: homestay units may be registered through “offline/online mode”. Source C: current JanSugam “Registration of Paying Guest House”. Proposition: submission mode displayed as “In Person”. Hierarchy/date: Order 89 is later and homestay-specific; JanSugam is newer live implementation material but is not a notified rule. No explicit rescission of the 2019 general portal order was located. Result: The official sources are not aligned. Affected: every new homestay/PGH applicant. Authority to resolve: jurisdictional Prescribed Authority / Directorate of Tourism before preparing a filing package.

Conflict 3 — geographic formulation

Source A: Order 89 clause 5(i). Proposition: scheme operates in entire rural and urban tourist areas. Source B: clause 6.1.1. Proposition: proposed units must be in notified tourist areas/tourist destinations or near lesser-known destinations having good tourism potential. Source C: Tourist Trade Act definition of “tourist area”. Proposition: tourist area is tied to Gazette notification under the Act. The “near lesser-known destination” branch does not clearly state whether the site itself must already be inside a Gazette-notified tourist area. Result: The official sources are not aligned sufficiently for non-obvious addresses. Affected: rural/off-beat sites outside the core boundaries of established notified destinations. Authority: district Prescribed Authority plus Directorate/competent Tourism Department office. Written address-specific acceptance should precede acquisition/development.

Matters compared but not treated as conflicts

Three months under the Act versus 30 days under PSG: these can reasonably operate as statutory and administrative service periods rather than contradictory approval guarantees. Because the PSG row says “Hotels, Guest Houses etc.” rather than expressly “Homestay”, the guide should not promise 30-day homestay approval. Order 89 incentive clause versus “no separate Homestay Incentive Policy”: not contradictory. Order 89's clause is contingent; the 2026 Assembly answer confirms no standalone current homestay policy. 2023 S.O.521 fee material versus Order 89: no operative conflict established because S.O.521's text expressly describes the amendments as draft.

15 / Unresolved questions for the authority

Take the remaining questions to the authority

1. Is Government Order 89-JK(TSM) of 2022, with Annexures I–V, the complete currently applicable homestay/PGH guideline as of September 2026, and have any amendments/corrigenda been issued that are not linked on the public website?
2. How should clause 5(i) and clause 6.1.1 be applied to an address outside a clearly Gazette-notified tourist area but near an off-beat/lesser-known destination? What written document establishes eligibility of that address?
3. What does “local resident” in the introduction mean? Is domicile, permanent residence, duration of residence, voter registration or another residency proof mandatory?
4. Must the property owner personally reside in the homestay throughout operation, or can another family member satisfy the host-residence element?
5. How is clause 6.4.4 (“owner … would operate … and would not sub-let it”) reconciled with Annexure I item 4 allowing a rent/lease deed and owner NOC?
6. Can a long-term lessee be the applicant and registration-certificate holder? If yes, must the owner also reside at the property?
7. Can a partnership firm be the registration holder, or is the “partnership deed” field intended only for co-sharers/co-owners?
8. Can a private limited company or LLP own the property while an individual resident host holds the homestay certificate?
9. Can a company/LLP itself hold an Order-89 homestay certificate? Please identify the enabling rule/form field if yes.
10. What activities may a professional management company perform—pricing, OTA listing, reservations, housekeeping, staff employment, billing—without violating clause 6.4.4?
11. What is the currently accepted filing channel: Tourism e-services portal, JanSugam in-person submission, or both?
12. What is the current registration fee for Homestay/Paying Guest House, current renewal fee, payment method and refund rule?
13. Did the proposed fee table contained in the 10 October 2023 draft amendment ever become finally notified? If yes, please provide the final Gazette notification.
14. What newspaper, notice format, publication frequency and objection period apply to Annexure I's public notice requirement?
15. Please provide the current clean Silver/Gold classification checklist showing each M/D column and exact plains/hills minimum bedroom and bathroom dimensions.
16. Is a separate Fire & Emergency Services NOC mandatory for every 1–4 room homestay, or only when building/fire rules independently trigger one?
17. Is J&K Pollution Control Committee consent required for a small residential homestay, and if so under what capacity/activity threshold?
18. What is the complete renewal document list and how early may renewal be filed before the three-year period expires?
19. How should room additions/reductions be approved during a registration period? Is fresh inspection mandatory?
20. What is the exact procedure after sale, inheritance, lease commencement/termination or change in proprietor, given section 39 of the Tourist Trade Act?
21. What is the current prescribed quarterly tourism-statistics form and email/portal destination under clause 11.9?
22. Who is the presently appointed appellate authority under section 26 for a homestay registration order in each division?
23. Which current incentive scheme, if any, accepts homestays under clause 7 of Order 89, and are applications open as of September 2026?
24. Does Order 81 of 21 June 2022 governing Tourism Policy incentives apply to registered homestays? If so, please provide the current application form, eligible cost base, ceiling and sanction authority.