BYE-LAWS FOR LODGING HOUSES: New Delhi Municipal Council Act 1994

BYE-LAWS FOR LODGING HOUSES

The following bye-laws relating to the regulation of Hotels, Lodging houses and other places proposed to be made by the New Delhi Municipal Council in exercise of the powers conferred by Section 388 (1) H (9) of the New Delhi Municipal Council Act, 1994 are hereby published for general information as required by sub-section (1) of section 391 of the said Act.

BYE – LAWS

1. Short title and commencement.—

(1) These bye-laws may be called the New Delhi Municipal Council (Regulation of Hotels, Lodging houses and Similar Places) Bye-laws, 2006.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.— (1) In these bye-laws unless the context otherwise requires, —

(a) “Act” means the New Delhi Municipal Council Act, 1994 (44 of 1994);

(b) “Chairperson” includes any municipal officer or other municipal employee authorised by him in this behalf; and

(2) Words and expressions used but not defined in these bye-laws but defined in the Act shall have the meanings assigned to them in the Act.

3. Lodging house.— For the purpose of bye-laws 4 to 8 a “lodging house” shall mean a sarai, hotel, boarding house for the public, rest house, or unlicensed emigration depot or any other place where the public are admitted and provided with sleeping accommodation on payment and shall include religious and charitable institutions or “Ran Baseras” maintained and supervised by the Government or the Council.

4. Registration of a licensee.— Every licencee of a lodging house shall cause his name to be registered as such in the Office of the Council and shall also furnish to the Chairperson the following information in writing:-

(a) The postal address of his lodging house.

(b) The number of rooms reserved for lodgers in such house, along with dimensions of each room.

5. Requirements of a lodging house.— Every licensee of a lodging house shall be required to make his lodging house to conform, among others, to the following requirements:-

(a) The minimum height of every room intended for the use of the lodging shall not be less than 3.048 metre (about 10 ft.).

(b) The minimum specification floor area of each such room shall not be less than 7.432 sq. metre (about 80 sq. ft.).

(c) Ventilation shall be provided for each such room by means of windows, gratings or other opening exclusive of the doors, having a combined area equal to not less than one tenth of the floor area of the room:

Provided that nothing herein shall in any way be deemed to waive the requirements of any bye-laws for the regulation of buildings in general which may from time to time be enforced within the limits of New Delhi.

6. Maintenance of a register.— Every licensee of a lodging house shall keep a register in which he shall cause to be entered the names and addresses of all residents and inmates of his lodging house, and the date and time of their arrival, departure and such other particulars as the Chairperson may prescribe.

7. Report of occurrence of infectious disease.— The licensee of a lodging house shall, when it comes to his notice, immediately report to the Chairperson, the occurrence of any infectious disease therein and shall take measures to keep any person suffering from such disease isolated from all other lodgers unless the case has been investigated by the Chairperson.

8. Disinfection of room, etc.— No licensee of a lodging house shall offer his lodging house or any part of it to be occupied, if he knows or has good reason to believe that it has been occupied by a person suffering from any infectious disease, until such lodging house or part of it, as the case may be, and every article therein likely to contain infection has been disinfected to the satisfaction of the Chairperson.

9. Provision of water supply.— Adequate quantity of pure and wholesome safe water will be provided in the premises, the source of which will be declared. The quality of water will be upto the satisfaction of the Chairperson.

RESTAURANT, TEA SHOP, COFFEE HOUSE, REFRESHMENT ROOM AND EATING HOUSE

10. Rate list.— All licensees, who sell or expose for sale savouries, sweets or other articles of food shall put up a notice board at a conspicuous place showings rate list of the articles which he is exposing or offering for sale indicating also whether they have been cooked in ghee or edible oil or hydrogenated vegetable oil, or in any other fats.

11. Prohibition from employing diseased persons.— No licensee shall employ in his business premises any person who is suffering from any infectious, contagious or loath-some disease.

12. Separation of articles of food from privy, etc.— No licensee shall manufacture, store or expose for sale or permit the same any article of food in any premises not effectively separated to the satisfaction of the Chairperson from any privy, urinal, sullage drain. The place of storage shall be free from foul and waste matter.

13. Vessels to be covered.— (1) Every licensee shall ensure that all vessels used for the storage or manufacture of the articles intended for sale shall have proper cover to avoid contamination.

(2) Articles of food and drink exhibited for sale shall be kept by the licensee in clean utensils properly protected from dust and flies all the twenty four hours.

14. Food handlers to be medically examined.— The licensee shall ensure that food handlers are medically examined and protected against cholera and typhoid and that necessary certificate is displayed in the shop to this effect.

15. Inspection of premises.— The licensed premises shall at all reasonable hours be open for inspection by the Chairperson or the officers authorised by him in this behalf.

16. Garbage to be deposited in municipal bin.— The licensee shall ensure that the licensed premises and surroundings are always kept in a clean condition, that no refuse or garbage is allowed to remain near them and that the refuse or garbage is put in a covered tub or receptacle and finally deposited into the Municipal bin.

17 Dresses to be clean.— The occupier of the licensed premises or his servants shall at all times be cleanly dressed.

18. Unwholesome articles not to be kept.— Unwholesome article or materials considered unfit for human consumption shall not be kept by the licensee for sale on the premises.

19. Washing of floor and furniture, etc.—- The licensee shall cause the floor and drains of the licensed premises and every bench, table, stall or other articles used or kept on the licensed premises or other place on which the articles are manufactured or prepared or exposed for sale to be washed and thoroughly cleaned every day.

20. Walls etc. to be lime/colour washed.— The licensee shall cause every part of the internal surface of the walls and roof or the ceiling of the licensed premises to be thoroughly lime/colour washed at least once a year.

21. Sanitary fittings.— The licensee shall comply with all the reasonable directions which the Chairperson which he may make to ensure the sanitary fitness of the licensed premises.

22. Only licensed trade to be carried on.— The licensee shall not carry on or permit to be carried on any other trade in the licensed premises except the trade mentioned in the licence.

23. Premises to be structurally fit.— The licensee shall keep the licensed premises structurally fit for the purpose for which the licence is granted, that is to say:

(a) the premises shall have a stone cement or other impervious floor with one metre cement skirting;

(b) the walls shall be properly plastered and lime or colour washed;

(c) the premises shall be provided with a drain. The whole floor shall be made of impervious material in such manner that it allows all liquid to flow off by the drain which must be connected to a municipal sewer or drain, where no such sewer exists;

(d) the premises shall not be used as living or sleeping rooms; and

(e) there shall be no direct communications between the premises and any room used as a sleeping or living room or with latrine or urinal.

24. Place of cooking to be protected.— The place of manufacture shall be completely protected by the licensee by suitable wire-gauze panels and self-closing doors and he shall see that any process of heating or cooking is carried out in a cooking range or Chullah having proper chimney and flue for the escape of smoke.

25. Utensils to be properly tinned.— Every utensil or container meant for use for preparing or containing any article of food intended for sale or ingredients for the preparation of such articles of food shall be properly tinned and kept by the licensee at all times clean and in good order and repair.

26. Utensils to be of good quality.— No licensee shall use for manufacturing, preparing or storing any food or ingredient of food intended for sale any utensil or container which is made of such material or the material of which is in such a stage as is likely to injure such food or render it noxious.

27. Source of water supply.— The licensee shall not use or permit to be used in the manufacture of articles of food, any water except water obtained from the water supply from such sources as may be approved by the Chairperson.

28. License to be displayed.— The licensee shall display the licence at some conspicuous place on the licensed premises.

29. Kitchen to have proper flue.— The licensee shall see that kitchen of the manufacturing place has proper flue over the Bhatties and no Bhatti is allowed to be put up outside the shop and even on licensed Takhats.

30. Washing of utensils.— Proper washing arrangements for the used utensils shall be provided by the licensee inside the premises as per directions of the Chairperson.

31. Penalty.—

Whosoever contravenes any of the provisions of these bye-laws shall be punishable in accordance with section 390 of the Act.