Sarais Act, 1867

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 4579044230ab745a79c89614bb46a9c05d142e3d229a3bb6a542c3ab62ab539f.

Page 1 of 6 
 
  
 
 
 
 
THE SARAIS ACT, 1867 
 
 
 
CONTENTS 
 
PREAMBLE 
1. Interpretation-clause 
 
2. Sarai 
 
3.  Notice of this Act to be given to keepers of sarais 
 
4.  Registers of sarais to be kept 
 
5.  Lodgers, etc.,not to be received in sarais until registered 
 
6.  Magistrate may refuse to register keeper not producing certificate of character 
 
7.  Duties of keepers of sarais 
 
8.  Power to order reports from keepers of sarais 
 
9.  Power to shut up, secure, clear and clean deserted sarais 
 
10.  Taking down of repairing ruinous saris 
 
11.  Sale of materials of ruinous sarais 
 
12.  Penalty of any permitting sarais to be filthy or overgrown 
 
13.  Power for Provincial Government to make regulations 
 
14.  Penalty for infringing Act or regulations 
 
15.  Conviction for third offence to disqualify persons from keeping sarais 
 
16.  Nothing in Act to apply to certain sarai 
 
17.   Power to Provincial Government to extend this Act 
 
18. Short title 
 
SCHEDULE 
 

 
 
Page 2 of 6 
 
THE SARAIS ACT, 1867 
 
1ACT No. XXII OF 1867 
 
[15th March, 1867] 
 
An Act for the regulation of public Sarais and Puraos. 
 
 Preamble. WHEREAS it is expedient to provide for the regulation of public Sarais and 
Puraos:  
 
 It is hereby enacted as follows:— 
 
 1. Interpretation-clause.___ [Repeal of Bengal Regulation XIV of 1807, section 11, clause 5.] 
Rep. by the Amending Act, 1891 (XII of 1891). 
 
 2. “Sarai”. In this Act, unless there be something repugnant in the subject or context,— 
 
 “sarai” means any building used for the shelter and accommo dation of travellers, and 
includes, in any c ase in which only part of a building is used as a sarai, the part so used of such 
building. It also includes a purao so far as the provisions of this Act are applicable thereto. 
 
 “Keeper of a sarai”. “keeper of a sarai” includes the owner and any person h aving or acting 
in the care or management thereof: 
 
 “Magistrate of the District.”— 2“Magistrate of the District” means the chief officer charged 
with the executive administration of a district in criminal matters whatever may be his designation: 
 
 3*           *             *              *             *        *             * 
 
 3. Notice of this Act to be given to keepers of sarais. Within six months after this Act shall 
come into operation, the Magistrate of the District in which any sarai to which this Act shall apply 
may be situate shall, and from time to time thereafter such Magistrate may, give to the keeper of 
every such sarai notice in writing of this Act, by leaving such notice for the keeper at the sarai; and 
shall by such notice require the keeper to register the sarai as by this Act provided. 
 
 Such notice may be in the form in the Schedule to this Act annexed or to the like effect. 
 
 4. Registers of sarais to be kept. The Magistrate of the District shall keep a register in which 
shall be entered by such Magistrate or such other person as he shall appoint in this behalf, the names 
and residences of the keep ers of all sarais within his jurisdiction, and the situation of every such 
sarai. 
 
 No charge shall be made for making any such entry. 
 
 1For Statement of Objects and Reasons, see Gazette of India, 1867, p.194 and for Proceedings in Council relating to the Bill, see ibid., 
 Supplement pp. 62, 72, 158, 225 and 232. 
 The Act has been applied to Phulera in the Excluded Area of Upper Tana wal to the extent the Act is applicable in the N.W.F.P., subject to 
 certain modifications, and extended to the Excluded Area of Upper Tanawal (N..W.F.P.) other than Phulera with effect from such date and  
 subject to such modifications as may be notified. see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
 The Act has been applied to Baluchistan by the Baluchistan Laws Regulation. 1913 (II of 1913), s. 3. 
 It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1 950 (G.G.O. 3 of 1950); and applied in the 
 Federated Areas of Baluchistan, see Gaz. of India, 1937, Pt. I, p. 1499. 
 2This reference should now be read as “District Magistrate”, see para. 2 of section 3 of the Code of Criminal Procedure, 1898 (Act 5 of 
 1898). 
 3The words “Words in the singular include the plural, and vice versa”, rep. by the Repealing and Amending Act, 1914 (10 of 1914), and the 
 definition of “L.G.” by A. O., 1937. 
 
 
Page 3 of 6 
 
 5. Lodgers, etc.,not to be received in sarais until registered. After on e month after the 
giving of such notice to register as by this Act provided, the keeper of any sarais or any other person 
shall not receive any lodger or allow any person, cattle, sheep, ele phant, camel or other animal, or 
any vehicle, to halt or be place d in such sarais until the same and the name and residence of the 
keeper thereof shall have been registered as by this Act provided. 
  
 6. Magistrate may refuse to register keeper not producing certificate of character. The 
Magistrate of the District may, if he shall think fit, refuse to register as the keeper of a sarai a person 
who does not pro duce a certificate of character in such form and signed by such per son as the 
l[Provincial Government] shall from time to time direct. 
 
 7. Duties of keepers of sarais. The keeper of a sarai shall be bound— 
 
(1)  when any person in such sarai is ill of any infectious or contagious disease, or 
dies of such disease, to give im mediate notice thereof to the nearest police -
station: 
 
(2)  at all times when required by a ny Magistrate or any other person duly, 
authorized by the Magistrate of the District in this behalf, to give him free 
access to the sarai and allow him to inspect the same or any part thereof: 
 
(3)  to thoroughly cleanse the rooms and verandahs, and drains of the sarai, and the 
wells, tanks, or other sources from which water is obtained for the persons or 
animals using it, to the satisfaction of, and so often as shall be required by, the 
Magistrate of the District, or such person as he shall appoint in this behalf: 
 
(4)  to remove all noxious vegetation on or near the sarai, and all trees and 
branches of trees capable of affording to thieves means of entering or leaving 
the sarai: 
 
(5)  to keep the gates, walls, fences, roofs and drains of the sarai in repair: 
 
(6)  to provide such number of watchmen as may, in the opinion of the Magistrate 
of the District, subject to such rules as the l[Provincial Government] may pres-
cribe in this behalf, be necessary for the safety and protection of persons and 
animals or vehicles lodging in, halting at or placed in the sarai: and 
 
(7)  to exhibit a list of charges for the use of the sarai at such place and in such 
form and languages as the Magistrate of the District shall from time to time 
direct. 
 
 8. Power to order repor ts from keepers of sarais. The keeper of a sarai shall from time to 
time, if required so to do by an order of the Magistrate of the District served upon him, report, either 
orally or in writing as may be directed by the Magistrate to such Magistrate or to such person as the 
Magistrate shall appoint, every person who resorted to such sarai during the preceding day or night. 
 
 If written reports are required for any space of time exceeding a single day or night, 
schedules shall be furnished by the Magistrate of the District to the keeper. 
 
 ISubs. by A. O., 1937. for. “L.G.”. 
 
 
Page 4 of 6 
 
 The keeper shall from time to time fill up the said schedules with the information so required, 
and transmit them to the said Magistrate, in such manner and at such intervals as may fro m time to 
time be ordered by him. 
 
 9. Power to shut up, secure, clear and clean deserted sarais. If any sarai by reason of 
abandonment or of disputed ow nership shall remain untenanted, and thereby become a resort of idle 
and disorderly persons, or become  in a filthy or unwholesome state, or be complained of by any two 
or more of the neighbours as a nuisance, the Magistrate of the District, after due enquiry, may cause 
notice in writing to be given to the owner or to the per son claiming to be the owner, i f he be known 
and resident within the district, and may also cause such notice to be put on some cons picuous part 
of the sarai, requiring the persons concerned therein, whoever they may be, to secure, enclose, clean 
or clear the same; 
 
 and if such requis ition shall not be complied with within eight days, the Magistrate of the 
District may cause the necessary work to be executed, and all expenses thereby incurred shall be paid 
by the owner of the sarai, and shall be recoverable like penal ties under this A ct, or, in case of 
abandonment or disputed ownership of the sarai, by the sale of any material found therein. 
 
 10. Taking down of repairing ruinous saris. If a sarai or any part thereof be deemed by the 
Magistrate of the District to be in a ruinous stat e, or likely to fall, or in any way dangerous to the 
persons or animals lodging in or halting at the sarai, he shall give notice in writing to the keeper of 
the sarai requiring him forthwith to take down, repair or secure (as the case may be) the sarai or such 
part thereof as the case may require. 
 
 If the keeper do not begin to take down, repair or secure the sarai, or such part as aforesaid 
within three days after such notice, and complete such work with due diligence, the Magistrate shall 
cause all or so much of the sarai as he shall think necessary to be taken down, repaired or otherwise 
secured. 
 
 All the expenses so incurred by the Magistrate shall be paid by the keeper of the sarai, and 
shall be recoverable from him as  hereinafter mentioned. 
 
 11. Sale of materials of ruinous sarais. If any such sarai or any part thereof be taken down 
by virtue of the powers aforesaid, the Magistrate of the District may  sell the materials thereof, or so 
much of the same as shall be taken down under the provisions of t he last preceding section, and 
apply the proceeds of such sale in payment of the expenses incurred, and shall restore the over -plus 
(if any) arising from such sale to the owner of such sarai on demand, and may recover the deficiency 
(if any) as if the amount thereof were a penalty under this Act. 
 
 12. Penalty of any permitting sarais to be filthy or overgrown. Whoever, being the keeper 
of any sarai, suffers the same to be in a filthy and unwholesome state, or overgrown with vegeta tion, 
or after the expira tion of two days from the time of his receiv ing notice in writing from the 
Magistrate of the District to cleanse or clear the same, or after he shall have been convicted of 
suffering the same to be in such a state or so overgrown as aforesaid, shall allow  the same to 
continue in such state, or so overgrown, shall be liable to the penalties provided in section 14 of this 
Act: 
 
 Proviso. Provided that the Magistrate of the District may, in lieu of enforcing such daily 
penalty, enter on and cleanse or clear t he said sarai, and the expense incurred by the Magistrate in 
 
 
Page 5 of 6 
 
respect there of shall be paid to him by the keeper, and shall be recoverable as by this Act provided 
in the case of penalties. 
 
 13. Power for Provincial Government to make regulations. The l[Provincial Government] 
may from time to time make regulations for the better attainment of the objects of this Act, provided 
that such rules be not inconsistent with this Act or with any other law for the time being in force, and 
may from time to time repeal, alter and add to the same. 
 
 All regulations made under this Act and all repeals thereof, and alterations and additions 
thereto, shall be published in the 2[official Gazette]. 
 
 14. Penalty for infringing Act or regulations. If the keeper of a sarai offe nd against any of 
the provisoins of this Act or any of the regulations made in pursuance of this Act, he shall for every 
such offence be liable on conviction before any Magistrate to a penalty not exceeding twenty rupees, 
and to a further penalty not excee ding one rupee a day for every day during which the offence 
continues: 
 
 Provided always that this Act shall not exempt any person from any penalty or other liability 
to which he may be subject, irrespective of this Act. 
 
 All penalties imposed under this Act may be r ecovered in the same manner as f ines may be 
recovered under 3section 61 of the of Code of Criminal Procedure (Act V of 1898). 
 
 15. Conviction for third offence to disqualify persons from keeping sarais. Where a 
keeper of a sarai is convicted o f a third offence under this Act, he shall not afterwards act as keeper 
of a sarai without the license in writing of the Magistrate of the District, who may either withhold 
such license or grant the same on such terms and conditions as he may think fit. 
 
 16. Nothing in Act to apply to certain sarai. No part of this Act, except section 8, shall 
apply to any  sarai which may be under the direct management of the 1 [Provincial Government] or of  
any Municipal Committee. 
 
 17. Power to Provincial Government to  extend this Act. [Extent of Act.] Omitted by A. O., 
1949, Sch. 
 
 4*It shall be lawful for the l[Provincial Government] by notification in the 2[official Gazette], 
to 5extend this Act, mutatis mutandis to any 6[part of the territories under its Government] 7* * *. 
 
 18. Short title. This Act may be called the Sarais Act, 1867. 
 
 1Subs. by A.O., 1937, for “L. G.”. 
 2Subs. ibid., for “local official Gazette”. 
 3See now sections 386, 387 and 389 of the Code of Criminal Procedure, 1898 (Act 5 of 1898). 
 4The word “But” omitted by A. O., 1949, Sch. 
 5It has been extended to the Punjab, see Notification No. 4499, dated 13 th December, 1879, in Punjab Government Gazette, 1879, Pt. I, p. 
 727, but its application to that part of the Hazara District, known as Upper Ta nawal, which then formed part of the Punjab, is barred by the 
 Hazara (Upper Tanawal) Regulation, 1900 (2 of 1900). 
 It has been extended, mutatis mutandis to the whole of the Province of West Pakistan with effect from the 12th day of October, 1959, see 
 West Pakistan Gazette, 1959, Pt. I, p. 797. 
 6Subs. by A.O., 1949, Sch., for “other part of British India, except the towns of Calcutta, Madras and Bombay”. 
 7The words “and the Settlement of Prince of Wales Island, Singapore and Malacca” rep. by the Amending Act, 1891 (12 of 1891). 
 
 
 
 
Page 6 of 6 
 
SCHEDULE 
FORM OF NOTICE 
 
 Take notice that on the day of 1867, an Act called the Sarais Act, 1867 was passed, and that 
before the day of 18, you being keeper of a sarai [or purao] within [ here state that the district over 
which the jurisdiction of the Magistrtate giving the notice extends ], must have your sarai  [or purao]  
registered and that the register is to be kept at [ here state where the register is to be kept ] and that, if 
you do not have your sarai [or purao] so registe red, you will be liable to a penality not exceeding 
twenty rupees, and to a further penality not exceeding one rupee a day for every day during which 
the offence continues, and that on your applying to [ here give the name and address of the person to 
keep the register] he will register your sarai [or purao] free of all charge to you. 
 
 
 
Dated the day  of 18. 
 
 
_____________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 13-09-2024