{ "schema_version": "qanun-law-text/1", "id": "pk-code-6de8952a14fe30fc", "title": "Pakistan Hotels and Restaurants Act, 1976", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-bpuUY2hr-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "93538d6125772be1b411591893d96a51b64b42ae72516c7fab2604dcde242e9a", "source_sha256": "93538d6125772be1b411591893d96a51b64b42ae72516c7fab2604dcde242e9a", "text_version_id": "law:pk-code-6de8952a14fe30fc:sha256:93538d6125772be1b411591893d96a51b64b42ae72516c7fab2604dcde242e9a", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 14 \r\n \r\n \r\n \r\n \r\n \r\nTHE PAKISTAN HOTELS AND RESTAURANTS ACT, 1976 \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent, application and commencement \r\n2. Definitions \r\n3. Appointment of Controller, Deputy Controllers and Assistant Controllers \r\n4. Setting up of Advisory Committee \r\n5. Registration of hotels and restaurants \r\n6. Classification of hotels \r\n7. Issue of licence \r\n8. Refusal and cancellation of registration and licence \r\n9. Obligation of the transferee, etc., of a hotel and restaurant \r\n10. Controller to fix fair rates \r\n11. Controller to fix limit of persons to be accommodated in any room \r\n12. Rules of establishment of hotel and restaurant \r\n13. Fair rates, etc., to be displayed \r\n14. Reservation of accommodation at the instance of Controller \r\n15. Charge in excess of fair rates prohibited \r\n16. Controller's power to prohibit certain trades and occupations \r\n17. Eviction of guests \r\n18. Procedure and powers of Controller \r\n19. Additional powers of Controller \r\n \r\n \r\n\r\n \r\n \r\nPage 2 of 14 \r\n \r\n20. Apprenticeship scheme and training policy of employees \r\n21. Provision of medical facilities \r\n22. Offences and Penalties \r\n23. Contravention by companies, etc. \r\n24. Mode of recovery \r\n25. Appeal and Revision \r\n26. Indemnity \r\n27. Power to exempt \r\n28. Delegation of powers \r\n29. Power to make rules \r\n30. Other laws not applicable \r\n31. Repeal \r\n \r\n \r\n \r\n \r\nPage 3 of 14 \r\n \r\nTHE PAKISTAN HOTELS AND RESTAURANTS ACT, 1976 \r\nACT No. LXXXI OF 1976 \r\n [1st December, 1976] \r\n \r\nAn Act to provide measures for controlling and regulating the standards of service and amenities \r\nfor tourists in hotels and restaurants \r\n \r\n WHEREAS it is expedient to provide measures for controlling and regulating the standards \r\nof service and amenities for tourists in hotels and restaurants and for matters ancillary t hereto or \r\nconnected therewith; \r\n \r\n AND WHEREAS the Provincial Assemblies of the Punjab, Sind and North-West Frontier \r\nProvince, and Parliament, exercising the powers of the Provincial Assembly of Baluchistan under \r\nArticle 234 of the Constitution of the Islamic Republic of Pakistan, have passed resolutions \r\nunder Article 144 of the Constitution to the effect that Parliament may by law regulate the standards \r\nof service and amenities for tourists in hotels and restaurants; \r\n \r\n It is hereby enacted as follows:― \r\n \r\n 1. Short title, extent, application and commencement.― (1) This Act may be called the \r\nPakistan Hotels and Restaurants Act, 1976. \r\n \r\n (2) It extends to the whole of Pakistan. \r\n \r\n (3) It shall apply to all the hotels and restaurants in Pakistan. \r\n \r\n (4) It shall come into force at once. \r\n \r\n 2. Definitions.― In this Act, unless there is anything repugnant in the subject or context,― \r\n \r\n(a) “apprentice” means any person who has contracted with a hotel or a \r\nrestaurant to perform the stipulated apprenticeship in such hotel or restaurant ; \r\n \r\n(b) “Committee” means the committee set up by the Federal Government under \r\nsection 4; \r\n \r\n(c) “Controller” means a Controller appointed under section 3 and includes a \r\nDeputy Controller and an Assistant Controller and such other person as may \r\nbe authorised by the Federal Government by notification in the official \r\nGazette to perform all or any of the functions of the Controller; \r\n(d) “customer” means a person availing facilities offered in a restaurant on \r\nmonetary consideration ; \r\n \r\n(e) “fair rates” means the rates fixed under section 10 and includes revised rates ; \r\n \r\n(f ) “guest” means a person who is in possession or enjoyment of accommodation \r\nprovided to him in a hotel on monetary consideration ; \r\n \r\n \r\n \r\nPage 4 of 14 \r\n \r\n (g) “hotel” means a lodging, or boarding and lodging, establishment \r\n with a minimum of t en lettable bed rooms, provided for tou rists on \r\n monetary consideration, which conforms to any of the prescribed minimum \r\n criteria, but does not include— \r\n \r\n (i) a home or hostel which is exclusively or mainly used for the aged \r\n or invalid persons or students and is run by or under the control \r\n of a charitable or educational institution ; or \r\n \r\n (ii) any rest house, hostel or circuit house exclusively meant for \r\n visiting Government officials or officials of oth er organisations, \r\n though run on a commercial basis ; \r\n \r\n(h) “manager” means the person incharge of the management of a hotel or a \r\nrestaurant; \r\n \r\n(i) “owner” means the person who holds title to a hotel or restaurant and is \r\nentitled to receive the whole or any part of the earnings received from a guest \r\nor customer on account of accommodation or services provided in the hotel or \r\nrestaurant, and includes a keeper or assignee for the time being discharging the \r\nresponsibility of the owner in respect of such hotel or restaurant; \r\n \r\n(j) “prescribed” means prescribed by rules made under this Act ; \r\n \r\n(k) “public rooms” means rooms in a hotel which are meant for the common use \r\nof all guests ; \r\n \r\n(l) “restaurant” means a public eating house providing standard and variety of \r\ncuisines on monetary consideration to tourists which conforms to the \r\nminimum prescribed criteria ; \r\n \r\n(m) “service” means any service provided in a hotel or a restaurant ; and \r\n \r\n(n) “tourist” means a person, whether a citizen of Pakistan or not, who stays \r\nover-night or more as a guest in a hotel at a place other than his normal place \r\nof residence. \r\n \r\n 3. Appointment of Controller, Deputy Controllers and Assistant Controllers .―(1) The \r\nFederal Government may, by notification in the official Gazette, appoint a person to be the \r\nController for the purposes of this Act and such number of Deputy Controllers and Assistant \r\nControllers as may be necessary for the performance an d discharge of such functions and \r\nduties as may be assigned to them by or under this Act and may, by general or special order , provide \r\nfor the distribution or allocation of work to be performed by them. \r\n (2) Subject to the provisions of this Act, the Controller shall perform his functions and \r\ndischarge his duties under the general supervision and control of the Federal Government. \r\n \r\n \r\n \r\nPage 5 of 14 \r\n \r\n (3) Subject to the provisions of this Act and of such orders as may from time to time be made \r\nby the Federal Government in this behalf, the Deputy Cont rollers and Assistant Cont rollers shall \r\nperform their functions and discharge their duties under the general supervision and control of the \r\nController. \r\n \r\n 4. Setting up of Advisory Committee. As soon as may be after the commencement of this \r\nAct, the Federal Government may set up a Hotels and Restaurants Committee, consisting of as \r\nmany members as the Federal Government may determine, to aid and advise the Federal \r\nGovernment in relation to such matters relating to the administration of this Act as m ay be \r\nprescribed. \r\n \r\n 5. Registration of hotels and restaurants.―(1) The owner of every hotel and restaurant \r\nshall, within a period of two months from the commencement of this Act, or from the opening of the \r\nhotel or restaurant, or from the date on which this Act becomes applicable to such hotel or \r\nrestaurant, whichever is later, apply to the Controller for registration of his hotel or restaurant and \r\nfor determination of fair rates in relation thereto and, in the case of a hotel, also for its classification, \r\non payment of such fee as may be prescribed. \r\n \r\n (2) No hotel or restaurant shall be registered, unless― \r\n \r\n(a) it conforms to the prescribed standard of health, hygiene and comfort, \r\nprovided that the Controller may allow provisional registration subject to such \r\nconditions as he may deem fit and, for good and sufficient reasons, modify, \r\nalter or withdraw any such condition at any time ; \r\n \r\n(b) it furnishes at its expense certificates of medical fitness from a Medical \r\nOfficer of the civil hospital of the area in respect of its staff in such form as \r\nmay be prescribed ; \r\n \r\n(c) its building is structurally safe and adequately protected against fire or an \r\naccident arising out of electricity or gas and safety of the tourists is ensured. \r\n \r\n (3) The Controller, or an officer authorised by him in this behalf, or a member of the \r\ncommittee may, at any time, inspect the premises of a hotel or restaurant, call for any information, \r\nplan or data in respect of any matter concerning such hotel or restaurant or, at the cost of the \r\nowner, carry out, or require the owner to carry out, test of any articles or appliances or foodstuff. \r\n \r\n 6. Classification of hotels.―Subject to such general or particular directions as the \r\nFederal Government may issue, the Controller shall, according to the prescribed minimum criteria, \r\nby noti fication in the official Gazette, classify hotels, according to the star classification system, \r\nas— \r\n \r\n(a) one star hotels, being hotels which conform to the prescribed minimum criteria \r\nof hotels of that class, but do not conform to the prescribed minimum criteria \r\nof a higher star class hotel ; \r\n \r\n \r\n \r\nPage 6 of 14 \r\n \r\n(b) two star hotels, being hotels which conform to the prescribed minimum \r\ncriteria of hotels of that class, but do not conform to the prescribed minimum \r\ncriteria of a higher star class hotel ; \r\n \r\n(c) three star hotels, being hotels which conform to the prescribed minimum \r\ncriteria of hotels of that class, but do not conform to the prescribed minimum \r\ncriteria of a higher star class hotel; \r\n \r\n(d) four star hotels, being hotels which conform to the prescribed minimum \r\ncriteria of hotels of that class, but do not conform to the prescribed minimum \r\ncriteria of a higher star class hotel ; and \r\n \r\n(e) five star hotels, being hotels which conform to the prescribed minimum \r\ncriteria of hotels of that class. \r\n \r\n 7. Issue of licence.― (1) Every owner shall, after registration of his hotel or restaurant \r\nunder section 5, obtain a licence from the Controller on payment of such fee as may be \r\nprescribed. \r\n (2) No owner shall carry on his business or, in the case of a hotel, use the classification \r\nstar sign, without first getting the hotel or restaurant registered and obtaining a licence under this \r\nAct. \r\n \r\n (3) A licence granted under this section shall, unless sooner suspended or cancelled, remain \r\nin force for a period of one year from the date of issue and may thereafter be renewed for a period of \r\none year at a time on payment of the prescribed fee: \r\n \r\n Provided that if an application for renewal of a licence is made before the expiry of the \r\nperiod of its validity, the licence shall continue in force until orders are passed on such application. \r\n \r\n 8. Refusal and cancellation of registration and licence.― (1) The Controller may \r\nrefuse to register a hotel or restaurant if it does not conform to the minimum prescribed criteria. \r\n \r\n (2) The registration and licence of a hotel or restaurant may be cancelled or suspended, or the \r\nstar classification of a hotel may be lowered, if― \r\n \r\n(a) its owner is declared insolvent by a competent court; \r\n \r\n(b) its business is wholly or partly discontinued or suspended without the approval \r\nof the Controller, except where such suspension or discontinuance is for the \r\npurposes of making repairs, improvements, renovations or expansion or, in the \r\ncase of seasonal business, is for the period of the slack season, and the fact of \r\nsuch suspension or discontinuance in each case has been duly reported to the \r\nController in advance; \r\n \r\n(c) its owner or any person acting on his behalf contravenes any of the provisions \r\nof this Act or the rules or orders made thereunder ; \r\n \r\n \r\n \r\nPage 7 of 14 \r\n \r\n(d) it ceases to conform to the requirements of registration under section 5 or, in \r\nthe case of a hotel, to the prescribed minimum criteria for the class assigned to \r\nit ; or \r\n \r\n(e) its owner fails to enter the names and other particulars of guests in the \r\nprescribed register. \r\n \r\n 9. Obligation of the transferee, etc., of a hotel and restaurant. Where a hotel or \r\nrestaurant registered and licensed under this Act is transferred or assigned to, or devolves upon, any \r\nperson, it shall be incumbent upon that person to report, within one month of its taking effect, to the \r\nController the fact of such transfer, assignment or devolution and obtain a fresh licence under this \r\nAct. \r\n \r\n 10. Controller to fix fair rates.―(1) The Controller may fix fair rates to be charged for \r\nboard, lodging and other service provided in a hotel at such amount as, having regard to the \r\nprescribed principles governing fair rates and the classification of hotels, he deems just. \r\n \r\n (2) The Controller may either fix a consolidated rate for lodging, board and service, or for \r\nlodging and service only or fair rates separately for― \r\n \r\n(a) lodging with reference to the nature of the accommodation and the number of \r\nguests to be accommodated ; \r\n \r\n(b) board, partial or full ; and \r\n \r\n(c) other service. \r\n \r\n (3) Fair rates may be fixed separately for daily and monthly guests. \r\n \r\n Explanation.― A guest who agrees to reserve accommodation, or for whom accommodation \r\nis reserved, for a period of one month or more shall be deemed to be a monthly guest, provided he \r\nactually stays for one month or more or has actually paid in advance for one month ; and where the \r\nreservation is not for any specified period or is for a period less than a month, the guest shall be \r\ndeemed to be a daily guest. \r\n \r\n (4) The Controller may fix fair rates to be charged for board and o ther s ervice \r\nprovided in a restaurant at such amount, as having regard to the prescribed principles governing fair \r\nrates and to all the circumstances, he deems just. \r\n \r\n (5) The Controller may from time to time revise the fair rates fixed by h im under this \r\nsection. \r\n \r\n (6) An order fixing or revising fair rates shall take effect on the first day of such month \r\nfollowing the month in which the order is made as may be specified therein. \r\n \r\n (7) Until such time as fair rates are fixed in relation to any hotel or restaurant under this \r\nsection, the rate, if any, charged by such hotel or restaurant, immediately before this Act becomes \r\n \r\n \r\nPage 8 of 14 \r\n \r\napplicable to i t, for equivalent lodging, board or service to th at provided, shall be deemed to be the \r\nfair rates fixed under this section. \r\n \r\n 11. Controller to fix limit of persons to be accommodated in any room.―(1) The \r\nController may fix the maximum number of guests to be accommodated in each room or other \r\nunit of accommodation in a hotel. \r\n \r\n (2) No room for which an order has been made under sub-section (1) s hall be used to \r\naccommodate any number of guests in excess of the number specified in the order, except with \r\nthe previous permission of the Controller in writing. \r\n \r\n (3) The Controller may from time to time revise any order made by him under sub- section \r\n(1) so as to increase or reduce the number of guests specified in such order. \r\n \r\n 12. Rules of establishment of hotel and restaurant. Every owner shall prepare the rules of \r\nthe establishment in respect of his hotel or restaurant conforming with the provisions of this Act and \r\nthe rules made thereunder and get them approved by the Controller. \r\n \r\n 13. Fair rates, etc., to be displayed.―(1) The fair rates, the maximum number of guests \r\nthat may be accommodated in a room or unit of accommodation in a hotel and the rules of the \r\nestablishment shall be displayed in a conspicuous manner in the office and in the public rooms, if \r\nany, of every hotel. \r\n \r\n (2) The fair rates and the rules of the establishment shall be displayed in a \r\nconspicuous manner in the office and the hall and rooms of every restaurant. \r\n \r\n 14. Reservation of accommodation at the instance of Controller.― (1) Subject to such \r\ndirections as may be given in this behalf by the Federal Government, the Controller may by o rder \r\ndirect the owner or the manager of a hotel to reserve in the hotel such accommodation as \r\nmay be specified in the order. \r\n \r\n (2) Subject to any direction by the Federal Government in this behalf, the Controller may \r\nallot the accommodation reserved under sub-section (1) to any p erson and such person sh all \r\nthereupon be deemed to be a guest at the hotel in relation to the accommodation allotted to him. \r\n \r\n (3) Where any accommodation is reserved under sub-section (1), the owner or the manager \r\nof the ho tel shall make the accommodation so reserved, or such portion of it as the Controller may \r\ndirect, available to the Controller for occupation by the person to whom it has been allotted, at the \r\nexpiry of forty-eight hours from the service upon him of a notice in writing in this behalf by the \r\nController. \r\n \r\n (4) Nothing in this section shall prevent the owner or the manager of the hotel from letting \r\nany accommodation reserved under sub-section (1) to a guest other than the person to whom such \r\naccommodation is allotted by the Controller, upon the condition that if and when a notice is \r\nreceived from the Controller under sub-section (3) such guest will vacate the accommodation within \r\nforty-eight hours of the receipt of such notice. \r\n \r\n \r\n \r\nPage 9 of 14 \r\n \r\n 15. Charge in excess of fair rates prohibited.―(1) Notwithstanding any agreement to the \r\ncontrary, no owner shall charge a guest or customer any amount in excess of the fair rates. \r\n \r\n (2) Any agreement for the payment of any charges in excess of the fair rates shall be void in \r\nrespect of such excess, and shall be construed as if it were an agreement for payment of the fair \r\nrates. \r\n \r\n (3) Any sum paid by a guest in excess of the fair rates shall be recoverable at any time within \r\na period of six months from the date of payment from the owner or the manager of the hotel to whom \r\nit was paid, or from the legal representative of either of these persons, and without prejudice to any \r\nother mode of recovery which may be open to him, the guest may deduct such amount from any sum \r\npayable by him for his accommodation. \r\n \r\n 16. Controller's power to prohibit certain trades and occupations. The Controller may, \r\nby order in writing, prohibit, within one hundred yards of a hotel or restaurant, the carrying on of \r\nany trade, profession, occupation or industry which in his opinion is likely to be— \r\n \r\n(i) injurious to the health and well being of guests or customers or a hazard to \r\ntheir safety ; \r\n \r\n(ii) a nuisance as defined in the Pakistan Penal Code (Act XLV of 1860) ; or \r\n \r\n(iii) offensive to good taste. \r\n \r\n 17. Eviction of guests .―(1) Except as hereinafter provided, no guest at a hotel shall be \r\nevicted or refused board or other service so long as he pays, or is ready and willing to pay, the fair \r\nrates and observes the displayed rules of the establishment and conforms with the provisions of this \r\nAct and the conditions prescribed thereunder. \r\n (2) A guest or a customer who has been guilty of conduct which amounts to nuisance, or is a \r\nsource of annoyance to oth er guests or customers, or threatens or intimidates any other guest or \r\ncustomer, or is likely to endanger the person or life of any individual in a hotel or restaurant, may \r\nbe evicted by the owner or manager of the hotel or restaurant, provided that, if the own er or \r\nmanager has good reason to apprehend an immediate breach of peace or commission of an offence \r\nby the guest or customer, he may use such force as may be necessary to restrain the guest or \r\ncustomer from so doing and shall immediately intimate the fact to the local police. \r\n \r\n (3) Any guest or customer aggrieved by eviction or refusal of board or other services under \r\nsub-section (1) or sub-section (2) may lodge a complaint with the Controller who shall, after holding \r\nsummary enquiry in the prescribed manner, pass such order as he may deem fit. \r\n \r\n 18. Procedure and powers of Controller.―(1) The Controller shall not refuse \r\nregistration, or cancel or suspend the licence, of a hotel or restaurant, except after holding \r\nsummary enquiry in the prescribed manner. \r\n \r\n (2) For the purpose of holding an enquiry under sub-section (1) or any other enquiry which \r\nhe may deem necessary for the purposes of this Act, the Controller shall have the same powers as are \r\nvested in a civil court in respect of― \r\n \r\n \r\nPage 10 of 14 \r\n \r\n \r\n(a) proof of facts by affidavit ; \r\n \r\n(b) summoning and enforcing the attendance of any person and examining him on \r\noath ; \r\n \r\n(c) compelling the production of documents and other material evidence; and \r\n \r\n(d) issuing commissions for the examination of witnesses. \r\n \r\n \r\n 19. Additional powers of Controller.―For the purposes of this Act, the Controller may― \r\n \r\n(i) call for such information, reports, or returns from an owner or a manager as \r\nmay be necessary for satisfying himself that the provisions of this Act, the \r\nrules and orders made thereunder are being duly complied with ; \r\n \r\n(ii) require an owner or a manager to produce before himself or an officer \r\ndesignated by him for the purpose any book of account, document or other \r\npapers in his possession or pow er whi ch contain or are b elieved to contain \r\ninformation relating to the hotel or restaurant of which he is the owner or \r\nmanager ; \r\n \r\n(iii) require an owner or a manager to undertake through an agency qualified to do \r\nso scientific tests of water, food and other articles of human consumption at \r\nthe cost of the owner, to determine their quality and conformity with the \r\nrequirements of health and hygiene ; \r\n \r\n(iv) d eclare the site of any restaurant not registered under this Act, a fit site for a \r\nrestaurant and issue directive to the management of su ch a restaurant to \r\nimprove, within a period of six months from the date of such order, the \r\nconditions, services and facilities at the restaurant to conform to the prescribed \r\nminimum criteria ; \r\n \r\n(v) call for any other information relating to development of hotel industry. \r\n \r\n 20. Apprenticeship scheme and training policy of employees. ― The Controller shall― \r\n \r\n(i) ensure that apprentices in a hotel or restaurant do not exceed ten per cent of \r\nthe employees in any specified trade ; \r\n \r\n(ii) fix, with due regard to the salaries of the regularly employed staff, the stipend \r\nto be paid to an apprentice over and above the cost of his training and \r\ndetermine the duration of his apprenticeship ; \r\n \r\n(iii) lay down the age limit, educational qualifications, standards of physical fitness \r\nand psychological and mental health of apprentices ; \r\n \r\n \r\n \r\nPage 11 of 14 \r\n \r\n(iv) di rect the programming for training various categories of employees of hotels \r\nand restaurants at a recognised vocational institution at the various specialised \r\ncourses run thereat so that the percentage of qualified trained staff in a hotel or \r\nrestaurant attains, within a reasonable time, the minimum standard as may be \r\ndetermined by the Controller ; and \r\n \r\n(v) lay down the maximum percentage of untrained staff that may be employed at \r\na hotel or restaurant at any time. \r\n \r\n 21. Provision of medical facilities.―(1) The owner of every hotel registered and licenced \r\nunder this Act shall provide the following medical facilities for guests, namely: ― \r\n(i) One and two star hotels: \r\n \r\n(a) A doctor on call available in close proximity of the hotel premises. \r\n \r\n(b) First aid equipment and a reasonable stock of life saving drugs. \r\n \r\n(c) Two employees trained and qualified in first aid. \r\n \r\n(d) Ensure availability of an ambulance, van or car to rush patients to \r\na hospital in emergencies. \r\n \r\n(ii) Three star hotels: \r\n \r\n(a) As in sub clauses (a) to (c) in clause (i). \r\n \r\n(b) A drug store or chemist’s shop with twenty-four hours’ service, if \r\nno existing in close proximity. \r\n \r\n(c) An ambulance or van. \r\n \r\n(iii) Four and five star hotels: \r\n \r\n(a) A doctor on call available in close proximity of the hotel premises. \r\n \r\n(b) A separate consulting room with reasonable stock of life saving drugs \r\nand first aid equipment. \r\n \r\n(c) Four employees trained and qualified in first aid. \r\n \r\n(d) An ambulance or a van convertible into an ambulance in emergency. \r\n \r\n(e) A drug or chemist's shop with twenty-four hours' service, if not \r\nexisting in close proximity. \r\n \r\n \r\n \r\nPage 12 of 14 \r\n \r\n (2) The management of a hotel shall take all possible care and provide all necessary medical \r\naid without any loss of time to a guest suffering from any serious attack, including heart attack and \r\nhaemorrhage, or an accident. \r\n \r\n 22. Offences and Penalties.― (1) Any owner who fails to apply for registration within \r\nthe time specified in section 5 shall be liable to pay to the Controller a penalty of such sum not \r\nexceeding five thousand rupees as the Controller may impose and, in the case of a continuing \r\nfailure, an additional penalty which may extend to one thousand rupees for every day after the first \r\nduring which he has persisted in the failure. \r\n \r\n (2) Any owner or manager who serves any food or beverage which is injurious to health, or \r\nwho does not take sufficient care to ensure protection of food and beverage against contamination \r\nthrough flies or in any other way, or serves any food or beverage in unclean or contaminated \r\nutensils, shall be liable to pay to the Controller a penalty of such sum not exceeding one thousand \r\nrupees as the Controller may impose. \r\n \r\n (3) Any owner or manager who fails to comply with any o rder passed or direction given \r\nunder the provisions of this Act by the Controller or any other authority prescribed in this behalf \r\nshall be liable to pay to the Controller a penalty of such sum not exceeding one thousand rupees \r\nas the Controller may impose. \r\n \r\n (4) Any owner or manager who charges a guest or customer any amount in excess of the fair \r\nrates shall, in addition to refund such guest or customer the amount charged in excess of fair rates, be \r\nalso liable to pay to the Controller a penalty of such sum not exceeding one thousand rupees as the \r\nController may impose for such excess charging for the first time and, in the case of any su ch \r\nsubsequent excess charging, a penalty not exceeding two thousand rupees. \r\n \r\n (5) If a restaurant not registered under this Act fails to carry out the directive issued under \r\nclause (iv) of section 19 within the period specified therein, the Controller may suspend the \r\noperation of such restaurant and may also impose a penalty of such sum not exceeding five thousand \r\nrupees as the Controller may impose on the owner of such restaurant. \r\n \r\n (6) If the owner or manager of a hotel or restaurant not licensed under this Act advertises it as \r\na hotel or restaurant, or in any manner whatsoever uses the star sign, he shall be liable to pay to the \r\nController a penalty of such sum not exceeding one thousand rupees as the Controller may impose \r\nand, in the case of his continuing to so advertise or use the star sign, an additional penalty which \r\nmay extend to two hundred rupees for every day after the first during which he so continues or uses \r\nstar sign. \r\n \r\n (7) Any owner who fails to comply with the provisions of section 21 shall be liable to one or \r\nmore of the following penalties, namely:― \r\n \r\n(a) Penalty of such sum not exceeding two thousand rupees as the Controller may \r\nimpose ; \r\n \r\n(b) forfeiture of licence ; and \r\n \r\n(c) cancellation of registration. \r\n \r\n \r\nPage 13 of 14 \r\n \r\n \r\n 23. Contravention by companies, etc. If the person contravening, or failing to comply \r\nwith, any provision of this Act or any rule, order or direction made or issued thereunder is a \r\ncompany or other body corporate, every director, secretary or other officer or agent thereof, unless \r\nhe proves th at the contravention or failure took place without his knowl edge or that he \r\nexercised due diligence to prevent its taking place, shall be liable to the penalty provided for such \r\ncontravention or failure. \r\n \r\n 24. Mode of recovery.― Any sum imposed as penalty under this Act shall be \r\nrecoverable as an arrear of land revenue. \r\n \r\n 25. Appeal and Revision.― Any person aggrieved by an order under this Act may, \r\nwithin thirty days of the date of the order, prefer an appeal to― \r\n \r\n(a) the Deputy Controller, where such order has been passed by an Assistant \r\n Controller ; \r\n \r\n(b) the Controller, where such order, not being an order passed in appeal under \r\nclause (a), has been passed by a Deputy Controller ; \r\n \r\n(c) the prescribed appellate authority, where such order, not being an order passed \r\nin appeal under clause (b), has been passed by the Controller. \r\n \r\n (2) The Federal Government may of its own motion, or on the application of any owner \r\nor manager aggrieved by an order passed under sub-section (1) within the prescribed time and in the \r\nprescribed manner, pass such order in relation thereto as it thinks fit: \r\n \r\n Provided that no order against an owner or a m anager s hall be p assed unless he h as b een \r\ngiven an opportunity of showing cause against it and of being heard. \r\n \r\n 26. Indemnity.― No suit, prosecution or other legal proceeding shall lie against the Federal \r\nGovernment, the Controller, a Deputy Cont roller, an Assistant Controller, the Provincial \r\nGovernment, any officer or authority subordinate to the Federal Government or a Provincial \r\nGovernment, or a member of the Committee in respect of anything which is in good faith done \r\nor intended to be done under this Act. \r\n \r\n 27. Power to exempt ― The Federal Government may, by noti fication in the official \r\nGazette, exempt any hotel or restaurant from the operation of all or any of the provisions of this Act \r\nfor such period, and on such conditions, if any, as may be specified in the notification. \r\n \r\n 28. Delegation of powers.―(1) The Federal Government may, by notification in the \r\nofficial Gazette, direct that all or any of its powers under this Act shall, subject to such \r\nconditions, if any, as may be specified in the notification, be exercised— \r\n \r\n(a) by any officer or authority subordinate to the Federal Government ; or \r\n \r\n \r\n \r\nPage 14 of 14 \r\n \r\n(b) by any Provincial Government or by any officer or authority subordinate to \r\nsuch Government. \r\n \r\n (2) A Provincial Government may, with the approval of the Federal Government, constitute a \r\nHotels and Restaurants Committee to perform, within the Province, all or any of the functions of the \r\nCommittee. \r\n \r\n 29. Power to make rules.―(1) The Federal Government may, by notification in \r\ntheofficial Gazette, make 1rules for carrying out the purposes of this Act. \r\n \r\n (2) In particular and without prejudice to the generality to the foregoing power, such \r\nrules may provide for― \r\n \r\n(a) fixation and revision of criteria for the registration and classification of hotels \r\nand restaurants ; \r\n \r\n(b) lowering or altering the classification of a hotel, if in the opinion of the \r\nController it fails to maintain the prescribed standard of classification already \r\nassigned ; \r\n \r\n(c) the manner of issuance of “Sign Shields” including star classification of hotels \r\nand restaurants for display in hotels and restaurants at conspicuous places ; \r\n \r\n(d) principles governing fair rates; \r\n \r\n(e) determining the format, content and display of fair rates for hotels and \r\nrestaurants ; \r\n \r\n(f) matters in relation to which the Committee may render aid and advice ; \r\n \r\n(g) meetings of the Committee ; \r\n \r\n \r\n(h) fixation of fees for registration and licences ; \r\n \r\n(i) form of a certificate of medical fitness referred to in section 5 and the time at \r\nwhich it shall be submitted to the Controller ; \r\n \r\n(j) manner of holding summary enquiry ; and \r\n \r\n(k) any other matter which is to be or may be prescribed. \r\n \r\n 30. Other laws not applicable.― Nothing contained in the Sarais Act, 1867 (XXII of \r\n1867), or the Karachi Hotels and Lodging-Houses (Control) Act, 1950 (LXV of 1950), shall apply \r\nto a hotel or restaurant to which this Act for the time being applies. \r\n \r\n 231. R epeal. The Pakistan Hotels and Restaurants Ordinance, 1976 (XXXIX of 1976), is \r\nhereby repealed. \r\n \r\n_____________ \r\n \r\n \r\n \r\n1For the Pakistan Hotel and Restaurants Rules, 1977, see S.R.O. No. 1150(I)/77 dated 6/12/77 , Gaz., of P., 1977, Ext., (Islamabad), Pt. II, pages \r\n2017-2067. \r\n2This Section has been omitted in its application to the Islamabad Capital Territory, see Ordinance No. 27 of 1981, s. 5 and Sch., IV. \r\n \r\n \r\nRGN Dated: 31-03-2026", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-6de8952a14fe30fc:sha256:93538d6125772be1b411591893d96a51b64b42ae72516c7fab2604dcde242e9a:chars-0-1799:a0d8134a6c0f5a8f68bd11c71bdaae05d07e343c724ad9fe6eca1f60484d1e67", "character_start": 0, "character_end": 1799, "utf8_byte_start": 0, "utf8_byte_end": 1799, "passage_sha256": "a0d8134a6c0f5a8f68bd11c71bdaae05d07e343c724ad9fe6eca1f60484d1e67", "reader_fragment": "p-0-1799-a0d8134a6c0f5a8f" }, { "passage_id": "law:pk-code-6de8952a14fe30fc:sha256:93538d6125772be1b411591893d96a51b64b42ae72516c7fab2604dcde242e9a:chars-1799-3599:c9cd986f81149e52025477cdefe54b9f0502e0c82eede66f4976ecc58967470b", "character_start": 1799, "character_end": 3599, "utf8_byte_start": 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