Updated: Sunday April 28, 2013/AlAhad
Jamada El Thaniah 18, 1434/Ravivara
Vaisakha 08, 1935, at 05:24:18 PM
The Pakistan Hotels and Restaurants Act, 1976
Act LXXXI of 1976
[Gazette of
An Act to provide measures for controlling and regulating the standards of service and amenities for tourists in hotels and restaurants.
The following Act of Parliament received the assent of the President on the 31st December 1976, and is hereby published for general information:---
Whereas it is expedient to provide measures for controlling and regulating the
standards of service and amenities for tourists in hotels and restaurants and
for matters ancillary thereto or connected therewith;
And whereas the Provincial Assemblies of the Punjab, Sind and North-West
Frontier Province, and Parliament, exercising the powers of the Provincial
Assembly of Baluchistan under Article 234 of the Constitution of the Islamic
Republic of Pakistan, have passed resolutions under Article 144 of the Constitution
to the effect that Parliament may by law regulate the standards of service and
amenities for tourists in hotels and restaurants;
It is hereby enacted as follows;---
Short title, extent, application and commencement.- (1) This Act may be called the Pakistan Hotels and Restaurants Act, 1976.
(2) It extends to the whole of
(3) It shall apply to all the hotels and restaurants in
(4) It shall come into force at once.
Definitions.-In this Act, unless there is anything repugnant in the subject or
context,-
(a) "apprentice" means any person who has contracted with a hotel or
a restaurant to perform the stipulated apprenticeship in such hotel or
restaurant;
(b) "Committee" means the committee set up by the Federal Government
under section 4;
(c) "Controller" means a Controller appointed under section 3 and
includes a Deputy Controller and an Assistant Controller and such other person
as may be authorised by the Federal Government by notification in the official
Gazette to perform all or any of the functions of the Controller;
(d) "customer" means a person availing facilities offered in a
restaurant on monetary consideration;
(e) "fair rates" means the rates fixed under section 10 and includes
revised rates;
(f ) "guest" means a person who is in possession or enjoyment of accommodation provided to him in a hotel on monetary consideration;
(g) "hotel" means a lodging, or boarding and lodging, establishment
with a minimum of ten lettable bed rooms, provided for tourists on monetary
consideration, which conforms to any of the prescribed minimum criteria, but
does not include,---
(i) a home or hostel which is exclusively or mainly used for the aged or
invalid persons or students and is run by or under the control of a charitable
or educational institution; or
(ii) any rest house, hostel or cirouit house exclusively meant for visiting
Government officials or officials of other organisations, though run on a
commercial basis;
(h) "manager" means the person incharge of the management of a hotel
or a restaurant a;
(i) "owner" means the person who holds title to a hotel or restaurant
and is entitled to receive the whole or any part of the earnings received from
a guest or customer on account of accommodation or services provided in the
hotel or restaurant, and includes a keeper or assignee for the time being discharging
the responsibility of the owner in respect of such hotel or restaurant;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "public rooms" means rooms in a hotel which are meant for the
common use of all guests;
(l) "restaurant" means a public eating house providing standard and
variety of cuisines on monetary consideration to tourists which conforms to the
minimum prescribed criteria;
(m) "service" means any service provided in a hotel or a restaurant;
and
(n) "tourist" means a person, whether a citizen of
Appointment of Controller, Deputy Controllers and Assistant Controllers.---(1)
The Federal Government may, by notification in the official Gazette, appoint a
person to be the Controller for the purposes of this Act and such number of
Deputy Controllers and Assistant Controllers as may be necessary for the
performance and discharge of such functions and duties as may be assigned to
them by or under this Act and may, by general or special order provide for the
distribution or allocation of work to be performed by them.
(2) Subject to the provisions of this Act, the Controller shall perform his
functions and discharge his duties under the general supervision and control of
the Federal Government.
(3) Subject to the provisions of this Act and of such orders as may from time
to time be made by the Federal Government in this behalf, the Deputy
Controllers and Assistant Controllers shall perform their functions and
discharge their duties under the general supervision and control of the
Controller.
Setting up of Advisory Committee.-As soon as may be after the commencement of
this Act, the Federal Government may set up a Hotels and Restaurants Committee,
consisting of as many members as the Federal Government may determine, to aid
and advise the Federal Government in relation to such matters relating to the
administration of this Act as may be prescribed.
Registration of hotels and restaurants.--- (1)The owner of every hotel and
restaurant shall, within a period of two months from the commencement of this
Act, or from the opening of the hotel or restaurant, or from the date on which
this Act becomes applicable to such hotel or restaurant, whichever is later,
apply to the Controller for registration of his hotel or restaurant and for
determination of fair rates in relation thereto and in the case of a hotel,
also for its classification, on payment of such fee as may be prescribed.
(2) No hotel or restaurant shall be registered, unless,---
(a) it conforms to the prescribed standard of health, hygiene and comfort,
provided that the Controller may allow provisional registration subject to such
conditions as he may deem fit and, for good and sufficient reasons, modify,
alter or withdraw any such condition at any time;
(b) it furnishes at its expense certificates of medical fitness from a Medical
Officer of the civil hospital of the area in respect of its staff in such form
as may be prescribed;
(c) its building is structurally safe and adequately protected against fire or
an accident arising out of electricity or gas and safety of the tourists is
ensured.
(3) The Controller, or an officer authorised by him in this behalf, or a member
of the committee may, at any time, inspect the premises of a hotel or
restaurant, call for any information, plan or data in respect of any matter
concerning such hotel or restaurant or, at the cost of the owner, carry out, or
require the owner to carry out, test of any articles or appliances or
foodstuff.
Classification of hotels.-Subject to such general or particular directions as
the Federal Government may issue, the Controller shall, according to the
prescribed minimum criteria, by notification in the official Gazette, classify
hotels, according to the star classification system, as,---
(a) one star hotels, being hotels which conform to the prescribed minimum
criteria of hotels of that class, but do not conform to the prescribed minimum
criteria of a higher star class hotel;
(b) two star hotels, being hotels which conform to the prescribed minimum
criteria of hotels of that class, but do not conform to the prescribed minimum
criteria of a higher star class hotel;
(c) three star hotels, being hotels which conform to the prescribed minimum
criteria of hotels of that class, but do not conform to the prescribed minimum
criteria of a higher star class hotels;
(d) four star hotels, being hotels which conform to the prescribed minimum
criteria of hotels of that class, but do not conform to the prescribed minimum
criteria of a higher star class hotel; and
(e) five star hotels, being hotels which conform to the prescribed mini.mum
criteria of hotels of that class.
Issue of licence--- (1) Every owner shall, after registration of his hotel or
restaurant under section 5, obtain a licence from the Controller on payment of
such fee as may be prescribed.
(2) No owner shall carry on his business or in the case of a hotel, use the
classification star sign, without first getting the hotel or restaurant
registered and obtaining a licence under this Act.
(3) A licence granted under this section shall, unless sooner suspended or
cancelled, remain in force for a period of one year from the date of issue and
may thereafter be renewed for a period of one year at a time on payment of the
prescribed fee t Provided that if an application for renewal of a licence is
made before the expiry of the period of its validity, the licence shall
continue in force until orders are passed on such application.
Refusal and cancellation of registration and licence.- (1)The Controller may
refuse to register a hotel or restaurant if it does not conform to the mini mum
prescribed criteria.
(2) The registration and licence of a hotel or restaurant may be cancelled or
suspended, or the star classification of a hotel may be lowered, if,---
(a) its owner is declared insolvent by a competent Court;
(b) its business is wholly or partly discontinued or suspended without the
approval of the Controller, except where such suspension or discontinuance is
for the purposes of making repairs, improvements, renovations or expansion or,
!n the case of seasonal business, is for the period of the slack season, and
the fact of such suspension or discontinuance in each case has been duly reported
to the Controller in advance;
(c) its owner or any person acting on his behalf contravenes any of the
provisions of this Act or the rules or orders made thereunder;
(d) it ceases to conform to the requirements of registration under section 5
or, in the case of a hotel, to the prescribed minimum criteria for the class
assigned to it ; or
(e)its owner fails to enter the names and other particulars of guests in the
prescribed register.
Obligation of the transferee, etc., of a hotel and restaurant.-Where a hotel or
restaurant registered and licensed under this Act is transferred or assigned
to, or devolves upon, any person, it shall be incumbent upon that person to
report, within one month of its taking effect, to the Controller the fact of
such transfer, assignment or devolution and obtain a fresh licence under this
Act.
Controller to fix fair rates.- (I) The Controller may fix fair rates to be
charged for board, lodging and other service provided in a hotel at such amount
as having regard to the prescribed principles governing fair rates and the
classification of hotels, he deems just.
(2) Tile Controller may either fix a consolidated rate for lodging, board and
service, or for lodging and service only or fair rates separately for,---
(a)lodging with reference to the nature of the accommodation and the number of
guests to be accommodated;
(b) board, partial or full; and
(c) other service.
(3) Fair rates may be fixed separately for daily and monthly
guests.Explanation.-A guest who agrees to reserve accommodation, or for whom
accommodation is reserved, for a period of one month or more shall be deemed to
be a monthly guest, provided he actually stays for one month or more or has
actually paid in advance for one month ; and where the reservation is not for
any specified period or is for a period less than a month, the guest shall be
deemed to be a daily guest.
(4) The Controller may fix fair rates to be charged for board and other service
provided in a restaurant at such amount, as having regard to the prescribed
principles governing fair rates and to all the circumstances, he deems just.
(5) The Controller may from time to time revise the fair rates fixed by him
under this section.
(6) An order fixing or revising fair rates shall take effect on the first day
of such month following the month in which the order is made as may be
specified therein.
(7) Until such time as fair rates are fixed in relation to any hotel or
restaurant under this section, the rates, if any, charged by such hotel or
restaurant, immediately before this Act becomes applicable to it, for
equivalent lodging, board or service to that provided, shall be deemed to be
the fair rates fixed under this section.
Controller to fix limit of persons to be accommodated in any, room.-- (1) The
Controller may fix the maximum number of guests to be accommodated in each
room or other unit of accommodation in a hotel.
(2) No room for which an order has been made under subsection (1) shall be used
to accommodate any number of guests in excess of the number specified in the
order, except with the previous permission of the Controller in writing.
(3) The Controller may from time to time revise any order made by him under
subsection (1) so as to increase or reduce the number of guests specified in
such order.
Rules of establishment of hotel and restaurant.-Every owner shall prepare the
rules of the establishment in respect of his hotel or restaurant conforming
with the provisions of this Act and the rules made thereunder and get them
approved by the Controller.
Fair rates, etc., to be displayed.- (1) The fair rates, the maximum number of
guests that may be accommodated in a room or unit of accommodation in a hotel
and the rules of the establishment shall be displayed in a conspicuous manner
in the office and in the public rooms, if any, of every hotel.
(2) The fair rates and the rules of the establishment shall be displayed in a
conspicuous manner in the office and the hall and rooms of every restaurant.
Reservation of accommodation at the instance of Controller.(1) Subject to such
directions as may be given in this behalf by the Federal Government, the
Controller may by order direct the owner or the manager of a hotel to reserve
in the hotel such accommodation as may be specified in the order.
(2) Subject to any direction by the Federal Government in this behalf, the
Controller may allot the accommodation reserved under subsection (1) to any
person and such person shall thereupon be deemed to be a guest at the hotel in
relation to the accommodation allotted to him.
(3) Where any accommodation is reserved under subsection (1), the owner or the
manager of the hotel shall make the accommodation so reserved, or such portion
of it as the Controller may direct, available to the Controller for occupation
by the person to whom it has been allotted, at the expiry of forty-eight hours
from the service upon him of a notice in writing in this behalf by the
Controller.
(4) Nothing in this section shall prevent the owner or the manager of the hotel
from letting any accommodation reserved under subsection (1) to a guest other than the person to whom
such accommodation is allotted by the Controller, upon the condition that if
and when a notice is received from the Controller under subsection.
(3) such guest will vacate the accommodation within forty-eight hours of the
receipt of such notice.
Charge in excess of fair rates prohibited.-- (1) Notwithstanding any agreement
to the contrary, no owner shall charge a guest or customer any amount in excess
of the fair rates.
(2) Any agreement for the payment of any charges in excess of the fair rates
shall be void in respect of such excess, and shall be construed as if it were
an agreement for payment of the fair rates.
(3) Any sum paid by a guest in excess of the fair rates shall be recoverable
at any time within a period of six months from the date of payment from the
owner or the manager of the hotel to whom it was paid, or from the legal
representative of either of these persons, and without prejudice to any other
mode of recovery which may be open to him, the guest may deduct such amount
from any sum payable by him for his accommodation.
Controller's powers to prohibit certain trades and occupations.-The Controller
may, by order in writing, prohibit, within one hundred yards of a hotel or
restaurant, the carrying on of any trade, profession, occupation or industry
which in his opinion is likely to be,---
(i) injurious to the health and well being of guests or customers or a hazard
to their safety;
(ii) a nuisance as defined in the Pakistan Penal Code (Act LXV of 1860); or
(iii) offensive to good taste.
Eviction of guests.- (1) Except as hereinafter provided, no guest at a hotel
shall be evicted or refused board or other service so long as he pays, or is
ready and willing to pay, the fair rates and observes the displayed rules of
the establishment and conforms with the provisions of this Act and the
conditions prescribed thereunder.
(2) A guest or a customer who has been guilty of conduct which amounts to
nuisance, or, is a source of annoyance to other guests or customers, or
threatens or intimidates any other guest or customer, or is likely to endanger
the person or life of any individual in a hotel or restaurant, may be evicted
by the owner or manager of the hotel or restaurant, provided that, if the owner
or manager has good reason to apprehend an immediate breach of peace or commission
of an offence by the guest or customer, he may use such force as may be
necessary to restrain the guest or customer from so doing and shall immediately
intimate the fact to the local police.
(3) Any guest or customer aggrieved by eviction or refusal of board or other
services under subsection (1) or subsection (2) may lodge a complaint with the
Controller who shall, after holding summary enquiry in the prescribed manner,
pass such order as he may deem fit.
Procedure and powers of Controller.- (I) The Controller shall not refuse
registration, or cancel or suspend the licence, of a hotel or restaurant,
except after holding summary enquiry in the prescribed manner.
(2) For the purpose of holding an enquiry under subsection (I) or any other
enquiry which he may deem necessary for the purposes of this Act, the
Controller shall have the same powers as are vested in a civil Court in respect
of,---
(a) proof of facts by affidavit;
(b) summoning and enforcing the attendance of any person and examining him on
oath;
(c) compelling the production of documents and other material evidence and
(d) issuing commissions for the examination of witnesses.
Additional powers of Controller.-For the purposes of this Act, the Controller
may- (i) call for such information, reports, or returns from an owner or a
manager as may be necessary for satisfying himself that the provisions of this
Act, the rules and orders made thereunder are being duly complied with;
(ii) require an owner or a manager to produce before himself or an officer
designated by him for the purpose any book of account, document or other papers
in his possession or power which contain or are believed to contain information
relating to the hotel or restaurant of which he is the owner or manager;
(iii) require an owner or a manager to undertake through an agency qualified to
do so scientific tests of water, food and other articles of human consumption
at the cost of the owner, to determine their quality and conformity with the
requirements of health and hygiene;
(iv) declare the site of any restaurant not registered under this Act, a fit
site for a restaurant and issue directive to the management of such a
restaurant to improve, within a period of six months from the date of such
order, the conditions, services and facilities at the restaurant to conform to
the prescribed minimum criteria;
(v) call for any other information relating to development of hotel industry.
Apprenticeship scheme and training policy of employees.--The Controller
shall,---
(i) ensure that apprentices in a hotel or restaurant do not exceed ten per
cent.of the employees in any specified trade;
(ii) fix, with due regard to the salaries of the regularly employed staff, the
stipend to be paid to an apprentice over and above the cost of his training and
determine the duration of his apprenticeship;
(iii) lay down the age limit, educational qualifications, standards of physical
fitness and psychological and mental health of apprentices;
(iv) direct the programming for training various categories of employees of
hotels and restaurants at a recognised vocational institution at the various
specialised courses run thereat so that the percentage of qualified trained
staff in a hotel or restaurant attains, within a reasonable time, the minimum
standard as may be determined by the Controller; and
(v) lay down the maximum percentage of untrained staff that may be employed at
a hotel or restaurant at any time.
Provision of medical facilities.- (1) The owner of every hotel registered and
licensed under this Act shall provide the following medical facilities for
guests, namely:---
(i) One and two star hotels;
(a) A doctor on call available in close proximity of the hotel premises.
(b) First-aid equipment and a reasonable stock of life saving drugs.
(c) Two employees trained and qualified in first-aid.
(d) Ensure availability of an ambulance, van or car to rush patients to a
hospital in emergencies.
(ii) Three star hotels;
(a) As In sub-clauses (a) to (c) in clause (i).
(b) A drug store or chemist's shop with twenty-four hours' service, if no existing in close proximity.
(c) An ambulance or van.
(iii) Four and five star hotels;
(a) A doctor on call available in close proximity of the hotel promises.
(b) A separate consulting room with reasonable stock of life-saving drugs and
first-aid equipment.
(c) Four employees trained and qualified in first-aid.
(d) An ambulance or a van convertible into an ambulance in emergency.
(e) A drug or chemist's shop with twenty-four hours' service, if not existing
in close proximity.
(2) The management of a hotel shall take all possible care and provide all necessary
medical aid without any loss of time to a guest suffering from any serious
attack, including heart attack and haemorrhage, or an accident.
Offences and Penalties.- (1) Any owner who fails to apply for registration
within the time specified in section 5 shall be liable to pay to the Controller
a penalty of such sum not exceeding five thousand rupees as the Controller may
impose and, in the case of a continuing failure an additional penalty which may
extend to one thousand rupees for every day after the first during which he has
persisted in the failure.
(2) Any owner or manager who serves any food or beverage which is injurious to
health, or who does not take sufficient care to ensure protection of food and
beverage against contamination through flies or in any other way, or serves any
food or beverage in unclean or contaminated utensils, shall be liable to pay to
the Controller a penalty of such sum not exceeding one thousand rupees a3 the
Controller may impose.
(3) Any owner or manager who fails to comply with any order passed or direction
given under the provisions of this Act by the Controller or any other authority
prescribed in this behalf shall be liable to pay to the Controller a penalty of
such sum not exceeding one thousand rupees as the Controller may impose.
(4) Any owner or manager who charges a guest or customer any amount in excess
of the fair rates shall, in addition to refund such guest or customer the
amount charged in excess of fair rates, be also liable to pay to the Controller
a penalty of such sum not exceeding one thousand rupees as the Controller may
impose for such excess charging for the first time and, in the case of any such
subsequent excess charging, a penalty not exceeding two thousand rupees.
(5) If a restaurant not registered under this Act fails to carry out the
directive issued under clause (iv) of section 19 within the period specified
therein, the Controller may suspend the operation of such restaurant and may
also impose a penalty of such sum not exceeding five thousand rupees as the
Controller may impose on the owner of such restaurant.
(6) If the owner or manager oaf a hotel or restaurant not licensed under this
Act advertises it as a hotel or restaurant, or in any manner whatsoever uses
the star sign, he shall be liable to pay to the Controller a penalty of such
sum not exceeding one thousand rupees as the Controller may impose and, in the
case of his continuing to so advertise or use the star sign, an additional
penalty which may extend to two hundred rupees for every day after the first
during which he so continues or-uses star sign.
(7) Any owner who fails to comply with the provisions of section 21 shall be
liable to one or more of the following penalties, namely:---
(a) Penalty of such sum not exceeding two thousand rupees as the Controller
may impose;
(b) forfeiture of licence; and
(c) cancellation of registration.
Contravention by companies, etc.-If the person contravening, or failing to
comply with, any provision of this Act or any rule, order or direction made or
issued thereunder is a company or other body corporate, every director,
secretary or other officer or agent thereof, unless he proves that the
contravention or failure took place without his knowledge or that he exercised
due diligence to prevent its taking place, shall be liable to the penalty
provided for such contravention or failure.
Mode of recovery.-(1) Any sum imposed as penalty under this Act shall be
recoverable as an arrear of land revenue.
Appeal and Revision.-Any person aggrieved by an order under this Act may,
within thirty days of the date of the order, prefer an appeal to,---
(a) the Deputy Controller, where such order has been passed by an Assistant
Controller;
(b) the Controller, where such order, not being an order passed in appeal under
clause (a), has been passed by a Deputy Controller;
(c) the prescribed appellate authority, where such order, not being an order
passed in appeal under clause (b), has been passed by the Controller.
(2) The Federal Government may of its own motion, or on the application of any
owner or manager aggrieved by an order passed under subsection (1) within the
prescribed time and in the prescribed manner, pass such order in relation
thereto as it thinks fit Provided that no order against an owner or a manager
shall be passed unless he has been given an opportunity of showing cause
against it and of being heard.
Indemnity.-No suit, prosecution or other legal proceeding shall lie against the
Federal Government, the Controller, a Deputy Controller, an Assistant
Controller, the Provincial Government, any officer or authority subordinate to
the Federal Government or a Provincial Government, or a member of the Committee
in respect of anything which is in good faith done or intended to be done under
this Act.
Power to exempt.-The Federal Government may, by notification in the official
Gazette, exempt any hotel or restaurant from the operation of all.or any of the
provisions of this Act for such period, and on such conditions, if any, as may
be specified in the notification.
Delegation of powers.- (1) The Federal Government may, by notification in the
official Gazette, direct that all or any of its powers under this Act
shall, subject to such conditions, if any, as may be specified in the notification,
be exercised,---
(a) by any officer or authority subordinate to the Federal Government;
(b) by any Provincial Government or by any officer or authority subordinate to
such Government.
(2) A Provincial Government may, with the approval of the Federal Government,
constitute a Hotels and Restaurants Committee to perform, within the Province,
all or any of the functions of the Committee.
Power to make rules.- (1) The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality to the foregoing
power, such rules may provide for,---
(a) fixation and revision of criteria for the registration and classification
of hotels and restaurants;
(b) lowering or altering the classification of a hotel, if in the opinion of
the Controller it fails to maintain the prescribed standard of classification
already assigned;
(c) the manner of issuance of "Sign Shields" including star
classification of hotels and restaurants for display in hotels and restaurants
at conspicuous laces;
(d) principles governing fair rates;
(e) determining the format, content and display of fair rates for hotels and
restaurants;
(f) matters in relation to which the Committee may render aid and advice;
(g) meetings of the Committee;
(h) fixation of fees for registration and licenses;
(i) form of a certificate of medical fitness referred to in section 5 and the
time at which it shall be submitted to the Controller;
(j) manner of holding summary enquiry; and
(k) any other matter which is to be or may be prescribed.
Other laws not applicable.-Nothing contained in the Sarais Act, 1867 (XXII of
1867), or the Karachi Hotels and Lodging-Houses (Control) Act, 1950 (LXV of
1950), shall apply to a hotel or restaurant to which this Act for the time
being applies.
Repeal.-The Pakistan Hotels and Restaurants Ordinance, 1976 (XXXIX of 1976), is
hereby repealed.
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