National Capital Territory of Delhi (Incredible India) Bed and Breakfast Establishments (Registration and Regulation) Act, 2007 (Delhi Act 11 of 2007)

_"333393313333333433931333333133

121+:-
1.21222111211222122111111111212212211

.

‘111111111121221111221211121221122111112212212
11—121322132313223333.331332131(11-2

''33
‘

1m21111111221212211222211211211211112122

2111-1121211111121111131111211212111212“1222112,,—
_

‘333199339

1-1-122121123111.1112.11211211111211112.2111111111
1.211112211112212112221212u1112211112221111e.,,(_

.

.

"‘33324333333333

21111121212121211112112122122111111111111
'

121222.2111211211111212111121111‘2I11a1211212211.:
12212111211112.

-_£211111211111212112222112211221212211(v)

11411222211221.2222“)
_

_

-111122

11111311111112.212211.111211111131111&111211(1.)

11111111212121001:
2112111112

11121112122.1111921122)111111121111221111111111121.21151

(111111111111)12._g212112212111113111221111211_11221(1)
4.1121121111311111111211232111111213212_1

"‘

-molt/01.1l1M

~21121111212212.2122
1111211111311121111111111111.211112121

"'22121111.11213111222222121212211111112111.2‘2.

11122222122121.121111111112
22221222122222211221122121211111211211211111-111

22121222122221.2111212.1422111111111111111111

A1100:122.221:]

(1111111112121211002‘11112111.

(.1121221111211111211122@£122.2122111111111111121112

(LLmum1114121000

400:.W<m21212hm121121
12111122111221.2112

1211212111.(111111122312,)11222121%12111121121,1111

121121112111121112111112;211112121211112211122-111211.111»11-:

22122121222212121221211002‘121221:211‘311

111112111112221112311212;2111112111211,2.1122111212121111.11.1.1.111

,

-----2291/10/2122/100z”1112311212313313

g"_L1_10z‘12122101‘£112121

[Irvin2021110111111131.Til.IJV‘J"-IAVNQILVN5111.1110.LNfibuNuileo
'11112111.11.421311112112111211111211113.1111

1112+;qu

A!«11111.

1312:0111inf.m'N1

91v::111142111111]
GZGI‘61VNYAVHWOV/LOOZM831111333110AVGNOW[H13011113N

1
‘

11111101111111MI
(11111311111111'

_

‘

‘

6:616111111111111121.013201121112151211111.112211
"11111112,

‘.

WWW

."'AfiVNlGHOYZUXE

VlGN|:10LNBWNHBAOE)

33/200212—“1'0'ON(131131319311

1

112111111121

;____

fink"$2th
.1



Jaw...“_,.-t..m...,.l.,._,._t_.__.__..- _«_____Il)l£thli GAZETI'E : EXTRAORDINARY
7

i; 5:} fine ennui ti?“ fail Strait? fl Fem ii Bil?
Yli‘Tii HST? ail WW; '

I

..l

i

ii?) iii am: that: til Wain i? It! fihmtm
E'Eh’i‘il it I

’

I

manila mfm nativity. £131 fmafi 'fimW _

“W W “l“ l?“ "W “ii iii: W 131, El, "tail

"

:i H

£5": at ii-tti «tutti . b 7., iii him-[Hitter Milli? “6W El-
:‘I'Tll tii anvil na‘t’ Elm, ‘Ctlnfi iii halite”! ‘Wfim,‘

a thin? to initiate than at math Intel
.. 'aiirti" iii iiiiai iii. uhtri Win tie? its?" '.

-

i‘hiihigar' Wei-seminqin 'trtfltl'm'i a-iéi
. "ti meat-:1 rim.) ti‘ruitiimiinh'w mam-ii. (Wt
. .

titi': {2007 when? simian Mi 1) mitt-cream
mi: zen?” i}. i

.

-

'

a is}: twin 2% elil :q' we simian % ahith
tine: "itliia’lifl 379ml ”limit 7W! Eié mil wmfizfim .

i it: iii in hm mirth-in"! with 'miaimm l ,f
Jig} t:::;'iziii'ietii'aii‘m.-( 1) than hfiihtintfi -

-.t;siit:fi iiii‘ Witt": Hint? ti Hfis‘ Hifiilfi W Bin”! '23: Hi
{llal-lil trim ii tmfiinaiiin ii, sn-sifuhqn at

“

.
::
Hi

ninth thin til, m ET I

,

'

in: ins-r an air anew 3h within em
1 “ti Izttr titi nil With that} ti: Tim-3'9 um e

t to; l
- tittii iti"i‘¥7-i‘i

:2 ’t
‘
inn '63“ ma T'Film 'tr'tti train: anfiwfts‘fiti‘

min mifltgixmtifit eiti firmii 'ai‘i harm
~‘ii Eilliefl'l.’ t ‘

"main PM, W urea -

iii:.iciiiii‘mmir OF LAW, JUSTICE AND

Liar:-ism'rivn'Aans'
'

I

NOTlFICATlON

llj'relhi, the “lib December, ’2007

:4“.
i.i(5)xLA~20t)771;.J/nv/’7624.~—_-Tiie following

'

’

lntive Assembly of the National Capital
'

tit l‘fielhi received the assent of the President of"
1mm on the f: ! at November. 2007 ting is hereby published.’
in; mineral inzijirmntinn .‘w—

'

A. t: i if! l l .1

l t‘? E Hwy

“the National (,Iapital Territory (incredible lndin’) Bed
1

‘ ‘

and Breakfast
‘

3
'

'

lismhliaimxents (Registration and Regulation) Act, 2007
.

(Delhi Act-.1 l orzom)
‘

‘
‘

.13 : tutti the at with trait; tint, whim ninth a?
V

an it} animal 'Gi‘il' Fifi t'lii‘éfl'ifit 3W Il‘fi‘é‘rl W E‘l
tz'ti, ii? iii who .Einfircfi W, silt “6th m We
mi 2% trail with 3hr i? tn HEW mi hi

"

:ti QIi' ‘ri‘qttt'ti at" new it til Brian).ii nil in :v

otherWise renuiresr—r

(As passed by. the Legislative Assembly- of the-[National
Capital Territoiy ofDelhi on the 17th Septembei’, 2007).

_'

,'
_

t
.

V

l

4

V

[let November, 2007]
An Act to provide for tlietegistit’ftiou and regulation ofthe
Bedvand Bmald‘ast EstablishmentScheme in‘th'e National -'

, Capital Torritbiyol’lhlhfand matters.conneetediherewith
or ineidenlal thereto

'

'
'

BE itenneteiihbvthe Legislative Assembly of the
National Citpital'Térritory ofDelhi in“ the'Fiflyieighth Year

ofthe Republicoflndiaas follows :~—
’

I

IL'S'hor't. title, extent, commencement and

applieation.-——{(l) This Act may be called 'The'N'ational
_: Capital/Territory of Delhi (incredible India) had and

Breakfast Establishments“(Registration and Regulation)
Act‘;20l)7. '

t.

'

U

'

(2‘) it extends to the whole ot'the‘National Capital
Territoryochlhi. -

:

_ V

'

g »

-

I
I

(3) it shall come into force at once. ,'
'

, (4).it shallnot apply mother-typesoftransient
accommodation such as hotels, motels. guest-houses,
boarding. lodging houses. etc;

2. Definitions.¥- in this Act,’un_1esis the context

(a) "zippellate.aothori.ty" means the llrinelpal
'

Seeietary' or Seerctaryof’the. Tourism

Department of Government or any othei

ofiicernppointed by the Government.

, (b) “applicant” means the ownet ol’ the.

establishment who applies for regintration
‘under section .3. »

-

(c). .-
“authorised agenCy” means an agency'

2 notified-by the prescribed authority for
. rendering promotional, facilitation and

'

marketing support to it or for rendering'

assistance to flie'classificmlon committee

in the matter of inspection, evoluation and
certification of standard of foodfialnd other

-

services andjamenities‘availableat the
'

.

establishment. ‘

i;
_

'

V

((1) “bed and breakfast? means providing ‘ .;

lodging and food services to the guest in d
'-the establishment: _

>

.

'

"(Cl “certificate 'of registration" means a 'd
: certificate issued under sub-section. (.9) of -

’

."
Seotionj 3 showing the registration of an --

‘

lg.
_

.
_

> ~\ establishment; '

ill
7

wt)
. “blassitication 3

eommirtee" means a 1);.
’

'eommittee constituted by_thc prescribed '0
anthoitity for. inspection and evaluation of -

M

the services at the-establishment and '

. classification thereof; ‘

-

he

. (g) . ‘-‘d_ii‘ectory" mennsa directoryofregistered
.

establishments;



[PART IV

(h)

0')

(kl

(1)

(111)

(11)

(0)

(p)

(q‘)

: if)

(S)
'

to

(U)

. ”Government"

0131.111 GAZETTE : EXTRAORDINARY
'

'

-,

“establishment'I’ means a residential-

premises registered under Section 3 of this

Act where guests are. provided bed and

breakfast on payment;

“family? means the: owner of the

establishment and includes his 'spouse,
1

parents children and other close relations
.

-

physically residing in the establishment;

of Delhi appointed by thePresident under
article 239 and designated as 511ch under
article 239 AA of the Constitution;

"guest". means a person residing
temporarily in the establishment; ,

“local authon1y" means a municipality and
'

includes any other body that provides ,' 1

services like water, electricity, emu;

“.‘owner 'means owner ofthe establishment
and includes the person who forthe time

'1

being is authorised by him to be iii-charge
. _

1

of the management of the establishment;
‘

' '

'

“prescribed” meansprescribed by rules
’

made under this Act;

”prescribed authority" means a person or

authority appointed. by the Government by
notification1n the Official Gazette. to perform

'

.

.

'- allor any ofthe functions of the prescribed
~

-. authority’ under this Act;
I

‘register” means aregister-or computerised
‘

record in electronic form maintainedby the

owner containing the prescribed particulars
of the guests;

“revising authority" means the Lieutenent

Governor or an officer or authority
appointed by himas suchby notificationin

-

i

the Offc1ai Gazette; .

“room" means a bed-roomrwith not more 1

7

than two beds and provision for extra beds
'

for children accompanying the guest;-
‘rule" means a mic made by the

GOVemment under this Act by notification
in theOfficial Gazette;

”scheme” means the incredible india Bed ~ A.
and Breakfast Establishment Scheme -

referred to.in sub—section (2) of section 3',
‘

“touting‘

coercing for shopping, accommodation,
transporation, sight-seeing orpestcring for.

any particular_ premises,
establishment dealer ormanufacturer with
consideration of personal benefit.

means the Lieutenant-
G ovemor of the National Capital Tenitprv, '

means enticing. misguiding or-

person,

Gunman
'

iREGISTRATiONANDCLASSIFICA’I‘ION omen
..

'

ANDBREAKFASIEsrABLrsrmsms
‘

m3 Registratio11.-.—- “7?"TAny owner intending to let
.

’

[out his residential prermsesto theguestorguests, may

apply for registration thereof as an establishment to the

prescribed authority;'111 such form andmanneralong with _

.

the registration fees as may be prescribed.
(2)The establishments111 the National Capital ferris

I tory of Delhi registered by Central Governmentunder The

.

- incredible India Bed and Breakfast Establislunents Scheme
‘

shall :be deemed to have been approved
and registered

'

under this Act

(3) The residential premises to be registered as es.
‘

.

I tablishment under this Act shall conform to the following'
'

conditions,namely:-

(a) that the residential premises is purely a

‘

residential unitand theowner has been

,

'

fiimily;
'

4/013 that the owner shall let out to the guests
,

. not more than twodhirds of the bed-rooms

consisting of minimum one doubletied

_

I room and maximum fve double!bed rooms;

I. (c)
"

that each bedroom has an attached bath-
-

-_~ rcmm' and-Wet Cbmrhcde and adequate

arrangement forwoter and power supply,

proper ventilation andiighting, suitable

furniture andother facilities;

(d) that the premises is in a good‘state of repair
and the. required standard of hygiene
cleanliness and safety including fire satety
is maintained; .

.

'

('6).- tiiat the premises has adeqiiate parking
- facility either Within it.or 1nits vicinity

I~(i)'
'

that the premiseshas- been recommended.

by the classification committee for its

regist1atio11 as an establishment under this

Act.
- '

, (g)"'~any other conditiOn which may be

prescribed.
(4)Thc prescribed authority shall transmit the

application received under sub- section (1) to the

.

j classification committee constituted by it in the manner

I; prescribed, for its comments and report
(5)The classification committee on inspection ofthe

. premises ofan applicant shall point-our the deficiencies, it

3 any. Suchdefc1enc1cs will have to berectified by the
'

applicant Withinthe stipulated time, to the satisfaction of

'J the committee. Failure. todo so willrestiltI'111 rejectioncfthe

application. .

l

(6) The classrfcation committee shall after such

enquiryor inspection as it may think proper take a Iview
about the eligibility or

otherWise of the
premises for

“

registration

'

physically residing therein along
with his.



DELHI GAZETTE '; EXTRAORDINARY
s

(I) The classification committee. upon its‘evaluzttior.

oi‘tht: stundard of food and facilities and services available

vis-im'is the prescribed checklist, classify the
I

estnlixlislnnents into categories prescribed;
‘

I

(it) The classification committee shall submita report

to the prescribed authority on points mentioned sub-point

(it) midi?)
’

,

'.

(of; On receipt of the report of theclassification
t“<\ttt:tliltl:c‘, the prescribed authority shall, on being satisfied

'

'i\l.lC-\il the correctness of the report. register the premises

of the owner in such mtmner asmay be prescribed and

issue a. mttilicatc of registration in the form prescribed.

This; certificate shall. be valid for a period of three years

unless. earlier revoked.
"

'

'

(ill) The entire process of grant of registration oi‘a

pft'ttllf‘vcs shall be completed within. a period of three months

from thedate of receipt of application and the applicant

shall be informed about the result.
'

-

.

(ii) The prescribed authority shall maintaina

d ircctory of the establishments for the purpose of this Act,

in the form of prescribed. .

~

_

4. Evaluation audcurtification of food, etc.—'-

[involution and certification of food and other services or

innenities provided by an establishmentunder- this Act

ahail he the function of the classification committee and it.

may in the discharge of this function or any other fdttction

assigned to it under this Act, utilise the services of an

authorised agency for purposes of inspection of the

establishments from time to time.

I
I

5. Di5qualification for registration.~ An

establishment shall be. disqualified for registration under

this itch-n
,

(a) if its owner is convicted ot'tmoffcnce

punishable with"imprisonnient exceeding .
.

one month;

(h) if its owner is an undischargnd- insolvent;

and i

-

-

(c) if nitrite of the establishment Stands remnved IV
‘ E‘-

from the directory under Section 1-0 of this . 2

Act.
_

,

o. Obligations of the owne'r.~—I The OWner ol‘an

crinhlisiuncnt shall»

(i) maintain a'register or computerised record

in electronic form giving detailed particulars I

as prescribed, of the guests and keep the
'

same-readily available for inspection at all

times. The register shall have to be renewed

on .yeapto-year basis'and preserved for

such period as may be prescribed;

(ii) spud information of the guests staying in?
”

'

- the eStablishment to the localgputhority .

concerned and the police every fortnight

on the lISth and last .day of every month;

(iii) display the list of guests at the establish-

ment;
.

.

' '

the‘ Lillt'i {0‘1

(iv')- obtain verification ofthc employees in the

1 establishment by the police;

(v) v ima‘mtain establiflment in a good state of
I

-

'

repair and cleanliness and fit for habitation
'

'

bfguestsht alltimcsand shall comply with

“(any titles lielépgcting standards of heitlth,

hygiene-nod safety including the safety;

(vi) display at u-conspicuous place in the

or establishment the certificate ofregistration,

',
'

'

type orrmd offered, the Schedule-ol‘cliarges
for the accommodation and food. names of

einp‘loyeesuitd time of checking out;

(Vii) provide good quality food prepared in

: hygienic- conditions;

(viii) inform the guests-in advance of the type of

'

. accommodation;facilities and food otl‘credr

.the'ratcs-chargcd, time of'opening and

closing of the establishment; etc;

I

‘

(ix) provide. the food and facilities to the guests
'

. ,as promised; and
..

_' 'I 7 'I
’

‘

(x) , inform the prescribedauthority within a

week of the changes. if any, in thethcilities

. atthe establishment as approved at the time

.
I

.

ofregistrazlions .

‘

7. Restrictions tin-owners of estalilislimcnts--- The

owner ot‘the eatablislunentsrtell not-4+ -

(i) ,_

maintain-a front office and the entire house

‘

'

’
'

should appertr like a normal residential
house;

(ii)" carry out or allow any commercial activity

oftours and travel, siglwseeing. transport,

handicrafls or any other similar activity in

I
I

.
or ftom the establishment;

(iii) indulge or allow any such activity which

advarsely affects the privacy 'and rights: oi“

.

~ the neighbours and residents of the locals;~ ;

(iv)
'

make misrepresentation tainny person in

f l'CS})ECl oi' the establishment-rand
'

, (v) indulge in any kind-oftottti'ng 'activity

'

: ti. Obliga tlonsof the guest,"- The guest shall. uniting

his;- other obligations, comply with the followings.
'

namely :-—»=~ a

.

‘

.

:

(a) I

He shall disclose-his correct parl.icular:. in

A

V

making entries in the register nmintmnetl

by the owned
"

;

(b) l’ie'shall be responsible for. his good

f conduct'and behaviour and shall not

‘ indulge in any disorderly actiVity leading

to breatiltof peace, civil and social

atmosphere of the localityor create any

nuisance to adversely affect the rights; of

other guests and residents of the

eStalilisltnietit:
chen in the

(c) He shall not run at separate‘kit
'

establishment:
r.



DELHI GAZETTI:. EXTRAORDINARY

{Isl} it. shall be responsible for the repair of'

It:mage caused by him or by any person
'

whom he permits on the establishment.
through any oftheir willful or negligent act,

but not for damage.caused by normal wear
and tear

(e) lie shall cooperate fully with the: owneroi
‘

I

the establishment to maintain the premises
neat and clean, to pay charges as due in .

time and to abide by other rules of the

establishment; and i'u

II) He shall not allow any other person to stay
’

I

in the establishment oxernight.

9. Redressnl (Itigrievarrce of guest.—-—_ ( l) Where-tho

I‘,I‘II‘I"ii{"!‘.‘-.)l‘ an establishment makes (false representation Or

IIIirrepresentation to the guest in'respect‘ of the;
U‘I'lillJi 'Is-Ii'IInent or tailsto’ provide'the food and other'fa‘cilities
or ii! I'Ienit-ies promised to him. the guest may make a written.

I

1'

Ioniplnint to the prescribed authority alongwith srich

II.II: no I.,nt5 or IIIrIterizrl as he relies upon.

I ?I A complaint under sub—scctiori (i) may be tiled

III-I
lil email or post alongwith the

permanent address of

.he Minolaumnt

$3) The prescribed authdrity Sl‘Iall.niake an enquiry .

into the: complaint and'atter providing a reasonable»

III—,1Nti’ltli4in to the owner, either reject the complaint or if

the allegations are substantiated. remove the name of tth
Istablishnicnt from the directory under Section 10 cfthisI
.KCl.

HI. Removal of name from the directory.—-— (1)”lhe _

proscribed authority may in the manner prescribed and by
.In ortlnr in writing, remove the name of an establishment

no. I; It1C Ilitectoryand revoke its certificate ofregistration
-.II 2.;In. til the lollowing grounds namely: ~——

\

(i) it there is change in the ownership oi an

establishment;

(ii) if its owner is convicted of an offencef.
punishable with imprisonment exceeding
one month;

(iii) it its- owner is an undischarged insolvent;

tit-"I if the owner has contravened any of the

provisiOns ofthis Act or any rule or order

made there under; and

(V) it an establishment adverselyaffects the .

"

‘

privacy and rights of the neighbouring
'

residents.

(2) The action taken under subsection ,(l)1shall not. ;

preclude such owner from being prosecuted under any

provision of this Act and any other law.
’

l t . Notice of removal ofname of establishment from

on ceiory.~=— Before removing the name ofan establishment
iron the directory under Section 10,- the prescribed authority
shall give notice to the owner in the manner and form

[Pns'r ltI‘I/I
‘ prescribed stating thegrohnd on which itpropoSes to

take-I a.cti0n, givinghirnareasonable opportunity ofshowing
cause against it

12 Publication of- list-rot" persons removed from
I Sregister.--’lhe prescribedoutlierItyshall fiorn time to time

I publish, by notification in the Official Gazette the names
and addresses of theestablishments and the owners

thereof, whose registration under this Act has been
i

revoked

13. Return ofthe certificate ofthe registration.——~

When a certificateofregistratibn has been revoked under

this Act- the personholding such certificate shall, within

seven days from the date ofIssue of theorder oi revocation

return
it to theprescribed authority

.

1'4Restoration ofregistration.--l.f.theprescribed

authority is must“ ed that the e are sufficient grounds tor

the restoration of the registration ofIIan establishment

Whose certificate had been revoked, it may. after recording
the reasons therefor, order such restoration and issue a v

. fiesh certificate of registration, on payment bfprescrib'etl
fee and completion of other formalities and include its name

I

'

in the
directory

CHAPTER Ill

PRIVILLGES OF ES'I'ABLISHM ENTS

15- Establishmentmot to requirelicence.-—— Notwith- ‘:
’

{standing anything containedor the Sarais Act 1867 I22 III“

1867),.01 the Delhi Municipal Corporation 'Act. 1957 (66 off

1957) orthe New DelhiMunicipal Council Apt, 1994 (114of

1994) or the Delhi Police Act, 1978 (34 of 1978) or any other

Act relevant to the subject, for the t'irnc,being'In forno, the
'

owner oi‘an establishmen I: shall not be required to'obtain II

licence front any authority under the said Act for the pin—
pose ofproviding tend or lodging services to theguests It

I

his establishment.
16. Establishmentnot to be treated as comnreicurt

unit..——"— (1) Notwithstanding the provisions of‘any other

IIltjrw for the time being in force, the establishment strait not

'

be treated ast'cmnnIrercial one
and

shall only be liable to

pay: -——

.

(a) rI-power and water tariff as {applicable to

_

domestic or residential use;'jand -

'

(b) , property tax asapplicableto residential
'

._
tenanted premises with respect to the

'

portion let not to the guests, restricted to
'

the period of occupancy thereof, fully or

. partly as the case may be

-

. .(2)Notwithstanding anything in the Delhi Value

Added Tax Act, 2004 (DelhiAct 3. of2005) the owner oi an
'

I'
establishment shall not be required to pay the. value added
tax levied under the said Act.

-

l

(.3) Nonvithstanding,-'the provisions of the-Delhi Tait:
On Luxuries Act, 1996 (Delhi Act it) of 1996),.the owner oi~

I

the establishment shall not be required to pay the In):
I

‘ levied under the said AcIt.



. 1

3.313133." __3

11131111 GAZETTE ; EXTRAORDINARY

'

V

'

1'.

1

CHAPTER 1v '3
APPEAL AND REVISQN

t7. Appeal.-— ( t ‘1 l f an owner is aggrieved with an

1,11t'i1‘3l' of the prescribed authority under this Act, he may
11 lithl’; 1111 appeal to the appellate authority. Every such appeal:
shall b1: preferred to the appellate authority within thirty .-
1111.11 the date of communication oi the order:

l’1ovidcd that the uppeilate authority may entertain

111111ppcal .1ftLr the expiry ofsaid period ofthirty days ithis

111.1111l that: there was sufficient cause for not filing it

witliin that period
'

‘

12)‘1he appellant shall have a right to be represented
by 11 legal practitioner and the prescribed authority may be

1'1: 1111'...emu-d bv Such officer or personas the Government
=11:1\ appoint.-

ti) On receipt of any such appeal, the appellate.
nirrhoritx shall after nit/int; the appellant reasonable

t'i'1,1pt1i'tunitvolbeinghcard and alter makingsuchenqttiry,
11 it deems pr'..opcr dispose oftlte appeal for. reasons to be

" "

113cm dtdin \v1' hing.

(.4) the proceedings before the appellate authority.:.halll1e completed within four months

1.15 Revision.~- the revisingauthoritv may, either
3111 its own nir'ition or Otherwise, within a period of ninety
1.1y 5 f1om the date ol the order ofthe appellate authority,_
1‘ill 3111 iii.‘ records ofany case decided by the appellate
1111thoritr. and pass such order thereon as it may- deem fi

. propcr. Such order shall be final and no further appeal shall

he 11111111111111:
'

Provided that the revising authority may entertain'a

revision after the expiry ofthc said period ofninety days, if

11 is; satisfied that there is sufficient cause for'not- filing it;

within that period:

Provided further that no order tinder- this saction' .

;l1all be made 11111114 prejudice ofa person unless he hada

11' risonrrbie Opportunity ofbeing heard either personally 0r

through
a counsel or hv a duly authorised agent

CHAFFERV

(,‘)FFl.-".N('I['LS AND PENALTiES
t9. Penalty for not providing facilities totlre

guests as promised.»- Any owner who’does trot provide
services to the guests, as promised, shall be punishable
with line which may extend to five thousand rupees,

'

2t). Penalty for false-5taten'tent.——— Any otvner who

1.11'iilfully provides l’aiseinforrnatiori in the. application of

registration or fumishes false infonnation or makes a-false

.;tutc1ncnt1.1rttnde1’takirrg‘ or- SUpprcss'cs a material fact With
’

'

the intention to mislead the prescribed authority, shallbe

111111 ishnhh witli'impr isonment for a term which may extend

to three months or with fine which may extend to ten

1l1 11.15..nrd rupees or with both.

21. tert'ificate not to be assigned.- Any owner who :.

lends. transfers or assigns the certificate ofregistration or"

'3 fails to- return it on its expiry or revocation shall b1:

punishable with. imprisonment which may extend to sir

. months, or with fine Which may e\tend
to twenty thousand

rupees or with both _

22. ._Certificate and documents to be shown to the -.

-

person on dénrn‘nd——-( l')Any. ownerregisteredunder this

Act shall .at all times, on' demand, produce and show hi:

certificate of registration and any other
document required

under this Act to:—-~
-

1(a) the prescribed authority or any officer duiv

authorised by himin this behalf; and

(bi any bo‘nafide. guest.
(7')Any’ Owner who refuses ondemand to show his

.c'ertilicatc ofregistration or documents. or allow it to ht

read by any of the persons authorised. under sub-section

'(l)_ shall be punishable with line which may extend to two

’thousand rupees
.- ,

.

23. Penalty for malpractice—f lfany ownerorany

'otlrcr person- to whom this Act may be madeapplicable
commits a malpractice 0r contravenes any of the provisions
of this Act for which no specific penalty has beenprovided
he shall be prinishable with imprisonment fora tenn which -

mayextend to three months, or with fine which may extend

. to live: thousand rupees, or with both.

"

24. Obstrricting lawful authorities—v An owner

who willfully obstructs or'ofl’crs anv [resistance to or

otherwise interferes in the discharge of the functions of

the prescribed authority or any officer authorised by him

in pursuance of this Act or the rules made thereunder.
'

'

shall be punishable with imprisonment for a term which

1

may extend to six months, or with fine which may extend to

twenty thorrrsand rupees or: with both“
'

25. Offences to he cognizahle..- Notwithsinndtnu
V

any thing containedin the Code of Criminal ljroccdure.

W73 '.(2 of 1974) every offence punishable under this /\'c.t

'

.' shall be acognizable oftence.’

26.- Court competent to try offences under tith-

1‘Act.—— No court Other than the court of. Metropolitan

Magistrate shalltry an offence under this Act.
'

27. Jurisdiction'of'civ'ilcourts"bar'red.- N11 civil
'

corntshall have jurisdiction in respect of any matter in

relation to which the' Government or any 111er er'.1111
.

authorized by it or any offat or authority nppoinu. d or

specified by orunder this Act, is empowered to t:.\c1c1..'1.

any poiver, andno injunction shall begranted by 1111} Ci\' it

court in. respect of anything which'is done or intt- titled 11-

be doneby or under this Act.

'CHAPIER V]

IVliSCELLANEOUS
'

28.
~

Notice of changes. ——~' -(1) Whenever an
I

establishment for which certificate ofregistration is held

by aperson devolves by inheritance or otherwise. upon

any otherperson or undergoes a. change in respect oi an.

particular entered in the directory under this Act, such

person 'shall within
sixty days of the date ol web

1"



cw lotion or change, give notice in writing of the change
i.“ llrt‘ p resctibed authority;

I II the prescribed authority on receipt of such
.

int tttrillitI it under sub-section (1), if satisfied, shall tnake
ire L 053Ity change it in the certificate of registration and the

'

dirt-I. Ion maintained by it;

3) Notwithstanding anything contained in sub—
'-

-I..-:’tii on (1,2) the prescribed authority may cancel the

(I ttifit.ate oi reg. st:ation and remove from the directory, .

the mime of the establishment in whose favour the
rt‘IEIllno was issued if the succeeding person is not
qtralI lied to be registered under this Act.

.-‘I‘. Power to irrspeet.~-—— The prescribed authority or

any trt'l'rt't' person authorised by it in this behalfmay inspect-
at all n: .r..on.thin times, the premises ofthe

eStablishmentVs.
'

/

rtJtdtr'lundet this Att .- .

‘

:50. Power to delegate.—- The Governmentrnay by
V

notification in the Official Gazette, direct that any power
'

I.

r‘ tot cisnlile by it under this Act, may also be exercised by
sat: h officer as may be mentioned therein, subject to such .

.IntitiliS ifam as mav be Set out therein.

.31. Compounding of offences—(l ) lire Govemment
us no“. person_.'-.nrthorisetl by it, by general or special order

in th:I. Ithalt‘, may either before or after the institution of
,

111'. l'-roe-tedious, compound sirc'h offences punishable by
‘

or under this Act as prescribed

1"") Where an offence has been compouirded, the
I

ot'i’crrtlt‘r il'lll custody, shall be discharged and no further

prorer:dings shall be taken against him in-respect
of the,

IItRI HUI. .Io c ornpourrded

32. Protection ofaction taken in good faith-«No
suit, proceention or other legal proceedings shall lie against
the a“. lover-ninerrt or any person or officer authorised by it or

..r.-.VI,I :tuthnrity appointed or specified by or under this Act,
it rnydtirrg which is done or intended to be done-Vin good .

turtlr, rn pursrrance ol‘this Act or any rule made thereunder.

3.5. Power to make rIules.——( l) The Govermnentmay
.

he intilicntionin the Oliiciai Gazettemake rules for canying
out the provisions (tithe Act.

('2‘) in particular and without prejudiccto the

gen-era l ity o l" the foregoing powers, such rtiles may provide
for all or any ofthe following matters, namely :--.

(a) the form and manner ofapplication for
.

_ registration;

(b) the fees for registration;

(0) any additional condition.requiredVto be.
. '2

tuliilled for registration;
‘

(d)
'

the constitution of the classification“
(101111ni (166',

(e) the check- list ofservices and amenities at
"

the establishment;

if) the categories of classification;

DELHI GAZET'l’E..: EXTRAORDINARY
, lVPAR'I' _L\.’.'

ljg)’ the form of certificate of registration;

V'V _ (h): the- format f.the
'

"establishments,

(i) j. Vthe It’oriri ofmaintenance of registers and.

books by theowner.of the establishments

(j) titheperiod forwhich .a:register shall be
'

.»:eresVe'ch by lite owner;

-

_ (k) - themanner in which the name of an

establishment shall be removed from the

directory and its certificate of registration
revoked;

(l)~ the form and 'manner of notice to
"

.
- ,iestablislnnent before removal of its'name

V

froth the directory;
~ (in) 'the offences. which may be eornpourrded

. ‘ahd the manner of‘compounding; and

in)?“ Iaiiyothernratter which'is required to be, or
'

‘

_may be, prescribed.

(3) Every rule made under this section shall be laid as

seen as may be after it is made, before the Legislative
. Assembly of the National Capital Territory ot‘Delhi while

it is in session for a total period of thirty days which may
:

becomprisedin one session or in two successive sessions

andiflVbeforethe expiry of the session immediately
'

. following, the session entire successive sessions aforesaid,

the Assembly/agrees in. inakingany modification in the

rule or agrees "that the rule should not be made, thernle

shallthereafter‘ have effect orily’in-such’inodified form (it

be or noeffect as the case may be, so, however, that am
'

- Vsuch niodificatidn or annulment shall be Without prejudice
V

'

to
the validity ofanything previously done under that rule.

,

34. Repeat and savings.-—— (1) National Capital

'lerritory 0!; Delhi (incredible lndia) Bed & Breakfast

. Establishment. (Registration and Regulation) (Delhi

. Ordinance No.iof2007) is hereby repealed.
’

(2) Notwithstanding "such repeal, anything done or
. any action taken under the saidOrdinance shall be deemed

‘

_

to have done or taken under this Act

3.5 Removal of difficulties.-—— (l) lfany difficulty
arises in giving effect to the provisions of this Act. the.

Government may, by the order pubiished'rn the Official

Gazette, make such provisions not inconsistent with the

provisions of this Act, as may appear
to be iretiessary for

.

removing the difficulty;

_ Provided thatno such order be made under this
'

section after the expiry of one year. from; the date at

"commencement of this Act.

(2) Every order made Under this section {shall be laid .

I assoon- as may:-beafterit is made, before the Legislative
'

Assembly of the National CapitalTerritory ofDelhi.

RAKEISH SYAL, ll. Secy.

Printed by the. Manager, (rovt. of indie Press, .Ring_ Road, Maynpuri New [)clhr— “(7064
and Published by the

Controller of Publications Delhi- l l0054.

directory
of