Obligations of Accommodation/Hotel/Sarai keepers under Sarai Act before Howrah Police

GOVERNMENT OF WEST BENGAL

OFFICE OF THE COMMISSIONER OF POLICE, HOWRAH
OTHER LICENSE DEPARTMENT

Memo No…………………/Lic

Dated:

From :

Commissioner of Police
Howrah
To :

Sri/ Smt. …………………………………………….

………..………………………………………………..

P.S …………………………………………………….

District…………………………………………………

As per Government Notification No. 3610-PL/PB/14M-138/04 dt. Kolkata the 26th August 2011 of Addl. Chief Secy. to the Govt. of West Bengal and Secy., Home Dept. in exercise of power conferred by paragraph (3) of Section 2 of the Sarais Act 1867(22 of 1867), the Governor is pleased to confer on the Commissioner of Police, Howrah the power to exercise all the function of Magistrate of the District in respect of the Howrah Metropolitan Area declared as such vide notification no. 3607-PL dt. 26.08.2011.

Relevant provisions of the said Act are as follows :-

Section 5 : Lodgers etc. not to be received in Sarais until registered, -After one month after the giving of such notice to register as by this Act Provided, the keepers of any Sarai or any other person shall not receive any lodger or allow an person, cattle, sheep, elephant, camel or other animal, or any vehicle, to halt or be placed in such Sarai until the same and the name and residence of the keeper there of shall have been registered as by this Act provided.

Section 6 : Magistrate may refuse to register keeper not producing certificate of character, – The Magistrate of the Metropolitan Area may, if he thinks fit, refuse to register as the keeper of a Sarai a person who does not produce a certificate of character in such form and signed by such persons the [ State Government] shall from time to time direct.

Section 7 : Duties of keepers of Sarai, The keepers of a Sarai shall be bound.

(8) when any person in such Sarai is ill of any infections or contagious disease, or dies of such disease, to give immediate notice thereof to the nearest police station.

(9) At all times when required by any Magistrate of the Metropolitan Area in this behalf, to give him free access to the Sarai and allow him to inspect the same at any part thereof :

(10) To thoroughly cleanse the rooms and verandahs, and drains of the Sarai and the wells,

tanks, or other sources from which water is obtained for the persons or animals using it to the satisfaction of and so often as shall be required by the Magistrate of the Metropolitan Area, or such person as he shall appoint in this behalf.

(11) To remove all noxious vegetation on or near the Sarai, and all trees and branches of tree capable of affording to thieves means of entering or leaving the Sarai.

(12) To keep the gates, walls, fences, roofs, and drains of the Sarai in repair.

(13) To provide such number of watchmen as may, in the opinion of the Magistrate of the Metropolitan Area subject to such rules as the State Government may prescribe in this behalf, be necessary for the safety and protection of persons and animals or behalf, be necessary for the safety and protection of persons or animals or vehicles lodging in, halting at or placed in the Sarai, and

(14) To exhibit a list a charge for the use of the Sarai at such place and in such from and languages as the Magistrate of the Metropolitan Area shall from time to time direct.

Section 8: Power to order reports from keepers of Sarais.
Section 9 : Power to shut up, secure, clear and clean deserted Sarai.
Section 10: Taking down or repairing ruinous Sarais.
Section 11: Sale of materials of ruinous Sarai.
Section 12: Penalty for permitting Sarais to be felting or overgrown.
Section 13: Power for State Government to make regulations.
Section 14: Penalty for infringing Act or regulations.
Section 15: Conviction for third offence to disqualify persons from keeping Sarai.

A notice along with application form is given to register his / her Sarai as per the said Act within a month from the date of receipt of the notice. He / She is directed to comply with the provisions of the Act and to submit necessary documents enlisted below.

The filled up application along with necessary supporting documents be submitted to the office of the Commissioner of Police Howrah for registering his / her Sarai as per the Act within a month from the date of receipt of the notice.

Sl	Obtaining Sarai License ( first time)	Sl	Renewal ( every year)
No.	Obtaining Sarai License ( first time)	No.	Renewal ( every year)
No.		No.

1.	Sanctioned Building plan by Municipal	1	Income Tax clearance certificate
1.	Authority.	1	Income Tax clearance certificate
	Authority.

2.	Income Tax clearance certificate	2	Trade License u/s 201 of WBMA 1993

3.	Professional Tax clearance Certificate.	3	Approval of Pollution Control Board

4.	Trade License u/s 201 of WBMA 1993	4	Fire License / NOC

5.	Approval of Pollution Control Board	5	Luxury Tax payment update

6.	Fire license/ NOC	6	Verification of C.A of personnel
6.	Fire license/ NOC	6	employed in the Sarai
			employed in the Sarai

7.	Details of security measures including CCTV	7	Regular submission of C & I forms to
7.	installation.	7	S.B, Howrah Police Commissionerate
	installation.		S.B, Howrah Police Commissionerate

8.	C.A. verification by Police Station concerned.

9.	Site plan / Lay out

10.	NOC from land owner in case of rented house

	Certificate of fitness from Joint Deputy Chief
11.	Electrical Inspector, West Bengal/Concerned
	authority.

12.	Installation of C- form and I- form software’s

In case of Playing of recorded music, necessary permission / license to be collected from PPL

Renewal or earlier license and issuance of Sarai license will be made from other License Department, Commissioner of Police, Howrah.

Sd/-

Commissioner of Police

Howrah

APPLICATION FORM	Passport
	size
( TO BE SUBMITTED BY THE KEEPER OF THE SARAI)	photograph
To	to be pasted
The __________________
__________________

I submitted hereunder details particulars of my Sarai for your kind perusal and necessary action.

1	Name of the Keeper of the Sarai		:

2	Father’s Name		:

3	Addess		:

	a)	Permanent	:

	b)	Temporary	:

			:

			;

4	Location of the Sarai		:
		Mouza	:

		Plot No.	:

		P.S	:

5	Status of the applicant on the land on which the		:
	Sarai situated.
6	Condition of the Building, ventilation,		:
	Sanitation, Cleanliness, Supply of Drinking
	Water etc.
7	Number of Rooms of each class and number of		:
	beds in each room with charges of lodging per
	head per day / per room per day

8	Whether there is any off season discount? If		:
	so, please state the off season rates for each of
	above category

9	Whether there is any provision of Air		:
	conditioning of any form in the Sarai. If so,
	state the floor area in respect in which Air
	condition is provided.

10	Whether Video shows / Cable T.V / Dish		:
	Antena T.V is provided in the Sarai, if so, please
	state the category clearly.
11	Whether any part of the building, in which the		:
	Sarais situated is use as residence or not?

12	Whether applicant is ready to perform the		:
	duties of a Sarai Keeper as prescribed by sec. 7
	of the Sarais Act, 1867.
13	Whether the applicant is ready to maintain a		:
	register of lodgers as in sec. 5 of the Sarais Act,
	1867?

14	Whether the applicant is ready to produce a		:
	certificate of character from a Gazetted
	Officer or not (Sec 6 of the Act)

15	Whether the applicant is ready to abide by all		:
	the other provisions of the Sarais Act, 1867
	and the Bengal Sarais Regulations, 1931.
16	Whether any generator is will be used ? if yes,		:
	capacity of energy to be mentioned.

(Application with a photograph of the Sarai is to be submitted on a paper with Non-Judicial Stamp of Rs. 10/ and an undertaking in respect of points 12,13,14 & 15 is also to be submitted on a paper with Non-Judicial Stamp of Rs. 10/-)

_____________________

(Signature of the applicant)

PROFORMA – I

Enquiry into an application for registration of Sarai under the SARAIS ACT, 1867 and the Bengal Sarai Regulation 1931

	1	Name of the Keeper of the Sarai		:
	2	Father’s Name		:

	3	Addess		:

		a)	Permanent	:

		b)	Temporary	:	-DO-

				:

				:

	4	Location of the Sarai		:

			Mouza	:
			Plot No.	:
			P.S	:

	5	Status of the Sarai – Keeper on the Land which the		:
		Sarai is situated.
	6	Condition of the Building, ventilation,		:
		Sanitation, Cleanliness, Supply of Drinking
		Water etc.

	7	Observations of the condition of the Building		:
		and its proper repair, , ventilation, Sanitation,
		Supply of Drinking Water etc.

	8	Number of Rooms of each class and number of		:
		Seats in each room and charges thereof per
		head per day / per room per day
	9	Whether there is any off season discount? If		:
		so, please state the off season rates for each of
		above category.

	10	Whether there is any provision of Air		:
		conditioning of any form in the Sarai. If so,
		state the floor area in the Sarai. If so, state the
		floor area respect in which Air condition is
		provided.

	11	Whether Video shows / Cable T.V / Dish		:
		Antena T.V is provided in the Sarai, if so, please
		state the category clearly.

	12	Whether any part of the building, in which the		:
		Sarais situated is use as residence or not?

	13	Whether applicant is ready to perform the		:	Yes
		duties of a Sarai Keeper as prescribed by sec. 7
		of the Sarais Act, 1867.

	14	Whether the applicant is ready to maintain a		:	Yes
		register of lodgers as in sec. 5 of the Sarais Act,
		1867?
	15	Whether the applicant is ready to produce a		:	Yes
		certificate of character from a Gazetted
		Officer or not (Sec 6 of the Act)

	16	Whether the applicant is ready to abide by all		:	Yes
		the other provisions of the Sarais Act, 1867
		and the Bengal Sarais Regulations, 1931.

Remarks :
					__________________________
					(Signature of the Enquiring Officer)
					Name :