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NCT Delhi - Act

THE NATIONAL CAPITAL TERRITORY OF DELHI (INCREDIBLE INDIA) BED AND BREAKFAST ESTABLISHMENTS (REGISTRATION & REGULATION) ACT, 2007

DELHI
India

THE NATIONAL CAPITAL TERRITORY OF DELHI (INCREDIBLE INDIA) BED AND BREAKFAST ESTABLISHMENTS (REGISTRATION & REGULATION) ACT, 2007

Act 11 of 2007

Published on 19 July 2007
Commenced on 19 July 2007
[This is the version of this document from 9 August 2021.]
[Note: The original publication document is not available and this content could not be verified.]

[Amended by The National Capital Territory of Delhi (Incredible India) Bed and Breakfast Establishments (Registration and Regulation) (Amendment) Act , 2021 (Act 4 of 2021) on 9 August 2021]

to provide for the registration and regulation of the Bed and Breakfast EstablishmentScheme in the National Capital Territory of Delhi and matters connected therewith orincidental thereto.BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi inthe Fifty-eighth year of the Republic of India as follows:-

Chapter I
PRELIMINARY

1. Short title, extent, commencement and application.- (1) This Act may be called

The National Capital Territory of Delhi (Incredible India) Bed and BreakfastEstablishments (Registration and Regulation) Act, 2007.

(2)It extends to the whole of the National Capital Territory of Delhi.

(3)It shall come into force at once.

(4)It shall not apply to other types of transient accommodation such as hotels, motels,guest-houses, boarding, lodging houses, etc.

2. Definitions.- In this Act, unless the context otherwise requires, -

(a)“appellate authority” means the Principal Secretary or Secretary of the Tourism

Department of Government or any other officer appointed by the Government;

(b)“applicant” means the owner of the establishment who applies for registration

under section 3;

(c)“authorised agency” means an agency notified by the prescribed authority for

rendering promotional, facilitation and marketing support to it or for rendering assistanceto the classification committee in the matter of inspection, evaluation and certification ofstandard of food and other services and amenities available at the establishment.

(d)“bed and breakfast” means providing lodging and food services to the guest in the

establishment;

(e)“certificate of registration” means a certificate issued under sub-section (9) of

section 3 showing the registration of an establishment;

(f)“classification committee” means a committee constituted by the prescribed

authority for inspection and evaluation of the services at the establishment andclassification thereof;

(g)“directory” means a directory of registered establishments;

(h)“establishment” means a residential premises registered under section 3 of this Act

where guests are provided bed and breakfast on payment;

(i)“family” means the owner of the establishment and includes his spouse, parents ,

children and other close relations physically residing in the establishment;

(j)“Government” means the Lieutenant Governor of the National Capital Territory of

Delhi appointed by the President under article 239 and designated as such under article

239. AA of the Constitution;

(k)“guest” means a person residing temporarily in the establishment;

(l)“local authority” means a municipality and includes any other body that provides

services like water, electricity, etc.;

(m)“owner” means owner of the establishment and includes the person who for the

time being is authorised by him to be in-charge of the management of the establishment;

(n)“prescribed “ means prescribed by rules made under this Act;

(o)“prescribed authority” means a person or authority appointed by the Government

by notification in the Official Gazette to perform all or any of the functions of the„prescribed authority‟ under this Act;

(p)“register” means a register or computerised record in electronic form maintained

by the owner containing the prescribed particulars of the guests;

(q)“revising authority” means the Lieutenant Governor or an officer or authority

appointed by him as such by notification in the official Gazette;

(r)“room” means a bed-room with not more than two beds and provision for extra

beds for children accompanying the guest;

(s)“rule” means a rule made by the Government under this Act by notification in the

official Gazette;

(t)“scheme” means the Incredible India Bed & Breakfast Establishment Scheme

referred to in sub-section (2) of section3;

(u)“touting” means enticing, misguiding or coercing for shopping, accommodation,

transportation, sight-seeing or pestering for any particular premises, person,establishment, dealer or manufacturer, with consideration of personal benefit.

Chapter II
REGISTRATION AND CLASSIFICATION OF BED AND BREAKFAST

ESTABLISHMENTS

3. Registration.- (1) Any owner intending to let out his residential premises to the

guest or guests, may apply for registration thereof as an establishment to the prescribedauthority, in such form and manner alongwith the registration fees as may be prescribed.

(2)The establishments in the National Capital of Delhi registered by CentralGovernment under The Incredible India Bed and Breakfast Establishments Scheme shallbe deemed to have been approved and registered under this Act.

(3)The residential premises to be registered as establishment under this Act shallconform to the following conditions, namely: -

(a)that the residential premises is purely a residential unit and the owner has been

physically residing therein alongwith his family;

(b)that the owner shall let out to the guests not more than two-thirds of the bed- rooms

consisting of minimum one double-bed room and maximum five double- bedrooms;

(c)that each bedroom has an attached bath-room and Wet Commode and adequate

arrangement for water and power supply, proper ventilation and lighting, suitablefurniture and other facilities;

(d)that the premises is in a good state of repair and the required standard of hygiene,

cleanliness and safety including fire safety is maintained;

(e)that the premises has adequate parking facility either within it or in its vicinity;

(f)that the premises has been recommended by the classification committee for its

registration as an establishment under this Act.

(g)any other condition which may be prescribed.

(4)The prescribed authority shall transmit the application received under sub-section

(1)to the classification committee Constituted by it in the manner prescribed, for itscomments and report.

(5)The classification committee on inspection of the premises of an applicant shallpoint out the deficiencies, if any. Such deficiencies will have to be rectified by theapplicant within the stipulated time, to the satisfaction of the committee. Failure to do sowill result in rejection of the application.

(6)The classification committee shall after such enquiry or inspection as it maythink proper take a view about the eligibility or otherwise of the premises for registration.

(7)The classification committee upon its evaluation of the standard of food andfacilities and services available vis-à-vis the prescribed checklist, classify theestablishments into categories prescribed.

(8)The classification committee shall submit a report to the prescribed authority onpoints mentioned sub-point (6) and (7).

(9)On receipt of the report of the classification committee, the prescribed authorityshall, on being satisfied about the correctness of the report, register the premises of theowner in such manner as may be prescribed and issue a certificate of registration in theform prescribed. This certificate shall be valid for a period of three years unless earlierrevoked.

(10)The entire process of grant of registration of a premises shall be completed within a period of three months from the date of receipt of application and the applicant shall be informed about the result.[ section 3,in sub -section (10)for the words “three months ”,the words “one month ” shall be substituted .] [Substituted by The National Capital Territory of Delhi (Incredible India )Bed and Breakfast Establishments (Registration and Regulation ) (Amendment ) Act ,2021]

(11)The prescribed authority shall maintain a directory of the establishments for thepurpose of this Act, in the form of prescribed.

4. Evaluation and certification of food, etc.- Evaluation and certification of food

and other services or amenities provided by an establishment under this Act shall be thefunction of the classification committee and it may in the discharge of this function orany other function assigned to it under this Act, utilise the services of an authorisedagency for purposes of inspection of the establishments from time to time.

5. Disqualification for registration.- An establishment shall be disqualified for

registration under this Act, -

(a)if its owner is convicted of an offence punishable with imprisonment exceeding one

month;

(b)if its owner is an undercharged insolvent; and

(c)if name of the establishment stands removed from the directory under section 10 of

this Act.

6. Obligations of the owner.- The owner of an establishment shall –

(i)maintain a register or computerised record in electronic form giving detailed

particulars as prescribed, of the guests and keep the same readily available for inspectionat all times. The register shall have to be renewed on year-to-year basis and preserved forsuch period as may be prescribed;

(ii)send information of the guests staying in the establishment to the local authority

concerned and the police every fortnight on the 15th and last day of every month;

(iii)display the list of guests at the establishment;

(iv)obtain verification of the employees in the establishment by the police;

(v)maintain establishment in a good state of repair and cleanliness and fit for

habitation of guests at all times and shall comply with any rules respecting standards ofhealth, hygiene and safety including fire safety;

(vi)display at a conspicuous place in the establishment the certificate of registration,

type of food offered, the schedule of charges for the accommodation and food, names ofemployees and 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

offered, the rates charged, time of opening and closing of the establishment, etc;

(ix)provide the food and facilities to the guests as promised; and

(x)inform the prescribed authority within a week of the changes, if any, in the

facilities at the establishment as approved at the time of registration.

7. Restrictions on owners of establishments.- The owner of the establishment

shall not –

(i)maintain a front office and the entire house should appear like a normal

residential house;

(ii)carry out or allow any commercial activity of tours and travel, sight-seeing,

transport, handicrafts or any other similar activity in or from the establishment;

(iii)indulge or allow any such activity which adversely affects the privacy and rights

of the neighbours and residents of the locality;

(iv)make misrepresentation to any person in respect of the establishment; and

(v)indulge in any kind of touting activity.

8. Obligations of the guest.- The guest shall, among his other obligations, comply

with the following; namely: –

(a)He shall disclose his correct particulars for making entries in the register maintained

by the owner;

(b)He shall be responsible for his good conduct and behavior and shall not indulge in

any disorderly activity leading to breach of peace, civil and social atmosphere of thelocality or create any nuisance to adversely affect the rights of other guests and residentsof the establishment;

(c)He shall not run a separate kitchen in the establishment;

(d)He shall be responsible for the repair of damage caused by him or by any person

whom he permits on the establishment through any of their willful or negligent act, butnot for damage caused by normal wear and tear,

(e)He shall cooperate fully with the owner of the establishment to maintain the

premises neat and clean, to pay charges as due in time and to abide by other rules of theestablishment; and

(f)He shall not allow any other person to stay in the establishment overnight.

9. Redressal of grievance of guest.- (1) Where the owner of an establishment

makes false representation or misrepresentation to the guest in respect of theestablishment or fails to provide the food and other facilities or amenities promised tohim, the guest may make a written complaint to the prescribed authority alongwith suchdocuments or material as he relies upon.

(2)A complaint under sub-section (1) may be filed by fax, email or post alongwith thepermanent address of the complainant.

(3)The prescribed authority shall make an enquiry into the complaint and after providinga reasonable opportunity to the owner, either reject the complaint or if the allegations aresubstantiated, remove the name of the establishment from the directory under section 10of this Act.

10. Removal of name from the directory.- (1) The prescribed authority may in the

manner prescribed and by an order in writing, remove the name of an establishment fromthe directory and revoke its certificate of registration on any of the following grounds,namely:-(i). if there is change in the ownership of an establishment;(ii). if its owner is convicted of an offence punishable with imprisonment exceedingone month;(iii). if its owner is an undischarged insolvent;(iv). if the owner has contravened any of the provisions of this Act or any rule or ordermade there under; and(v). if an establishment adversely affects the privacy and rights of the neighbouringresidents.

(2)The action taken under sub-section (1) shall not preclude such owner from beingprosecuted under any provision of this Act and any other law.

11. Notice of removal of name of establishment from directory.- Before removing

the name of an establishment from the directory under section 10, the prescribedauthority shall give notice to the owner in the manner and form prescribed, stating theground on which it proposes to take action, giving him a reasonable opportunity ofshowing cause against it.

12. Publication of list of persons removed from register.- The prescribed authority

shall from time to time publish by notification in the official Gazette the names andaddresses of the establishments and the owners thereof, whose registration under this Acthas been revoked.

13. Return of the certificate of the registration.- When a certificate of registration

has been revoked under this Act, the person holding such certificate shall, within sevendays from the date of issue of the order of revocation, return it to the prescribed authority.

14. Restoration of registration.- If the prescribed authority is satisfied that there are

sufficient grounds for the restoration of the registration of an establishment whosecertificate had been revoked, it may, after recording the reasons therefor, order suchrestoration and issue a fresh certificate of registration, on payment of prescribed fee andcompletion of other formalities and include its name in the directory.

Chapter III
PRIVILEGES OF ESTABLISHMENTS

15. Establishment not to require licence.- Notwithstanding anything contained in

the Sarais Act, 1867 (22 of 1867), or the Delhi Municipal Corporation Act, 1957 (66 of

1957.

) or the New Delhi Municipal Council Act, 1994 (44 of 1994) or the Delhi PoliceAct, 1978 (34 of 1978) or any other Act relevant to the subject, for the time being inforce, the owner of an establishment shall not be required to obtain a licence from anyauthority under the said Act, for the purpose of providing food or lodging services to theguests at his establishment.

16. Establishment not to be treated as commercial unit.- Notwithstanding the

provisions of any other law for the time being in force, the establishment shall not betreated as commercial one and shall only be liable to pay -(a)power and water tariff as applicable to domestic or residential use; and(b)property tax as applicable to residential tenanted premises with respect to theportion let out to the guests, restricted to the period of occupancy thereof, fully or partlyas the case may be.

(2)Notwithstanding anything in the Delhi Value Added Tax Act, 2004 (Delhi Act 3 of

2005.

), the owner of an establishment shall not be required to pay the value added taxlevied under the said Act.

(3)Notwithstanding the provisions of the Delhi Tax on Luxuries Act, 1996 (Delhi Act 10of 1996), the owner of the establishment shall not be required to pay the tax levied underthe said Act.

Chapter IV
APPEAL AND REVISION

17. Appeal.- (1) If an owner is aggrieved with an order of the prescribed authority

under this Act, he may make an appeal to the appellate authority. Every such appeal shallbe preferred to the appellate authority within thirty days of the date of communication ofthe order:Provided that the appellate authority may entertain an appeal after the expiry ofsaid period of thirty days if it is satisfied that there was sufficient cause for not filing itwithin that period.

(2)The appellant shall have a right to be represented by a legal practitioner and theprescribed authority may be represented by such officer or person as the Governmentmay appoint.

(3)On receipt of any such appeal, the appellate authority shall after giving the appellantreasonable opportunity of being heard and after making such enquiry, as it deems proper,dispose of the appeal for reasons to be recorded in writing.

(4)The proceedings before the appellate authority shall be completed within four months.

18. Revision.- The revising authority may, either on its own motion or otherwise,

within a period of ninety days from the date of the order of the appellate authority, callfor the records of any case decided by the appellate authority, and pass such order thereonas it may deem proper. Such order shall be final and no further appeal shall lie therefrom:Provided that the revising authority may entertain a revision after the expiry of thesaid period of ninety days, if it is satisfied that there is sufficient cause for not filing itwithin that period:Provided further that no order under this section shall be made to the prejudice ofa person unless he had a reasonable opportunity of being heard either personally orthrough a counsel or by a duly authorised agent.

Chapter V
OFFENCES AND PENALTIES

19. Penalty for not providing facilities to the guests as promised.- Any owner who

does not provide services to the guests, as promised, shall be punishable with fine whichmay extend to five thousand rupees.

20. Penalty for false statement.- Any owner who willfully provides false

information in the application of registration or furnishes false information or makes afalse statement or undertaking or suppresses a material fact with the intention to misleadthe prescribed authority, shall be punishable with imprisonment for a term which mayextend to three months, or with fine which may extend to ten thousand rupees, or withboth.

21. Certificate not to be assigned.- Any owner who lends, transfers or assigns the

certificate of registration or fails to return it on its expiry or revocation, shall bepunishable with imprisonment which may extend to six months, or with fine which mayextend to twenty thousand rupees, or with both.

22. Certificate and documents to be shown to the person on demand.- (1) Any

owner registered under this Act shall at all times, on demand, produce and show hiscertificate of registration and any other document required under this Act to -(a)the prescribed authority or any officer duly authorised by him in this behalf; and(b)any bonafide guest.

(2)Any owner who refuses on demand to show his certificate of registration ordocuments, or allow it to be read by any of the persons authorised under sub-section (1),shall be punishable with fine which may extend to two thousand rupees.

23. Penalty for malpractice.- If any owner or any other person to whom this Act

may be made applicable, commits a malpractice or contravenes any of the provisions ofthis Act, for which no specific penalty has been provided, he shall be punishable withimprisonment for a term which may extend to three months, or with fine which mayextend to five thousand rupees, or with both.

24. Obstructing lawful authorities.- An owner who willfully obstructs or offers any

resistance to or otherwise interferes in the discharge of the functions of the prescribedauthority or any officer authorised by him in pursuance of this Act or the rules madethereunder, shall be punishable with imprisonment for a term which may extend to sixmonths, or with fine which may extend to twenty thousand rupees, or with both.

25. Offences to be cognizable.- Notwithstanding any thing contained in the Code of

Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be acognizable offence.

26. Court competent to try offences under this Act.- No court other than the court

of Metropolitan Magistrate shall try an offence under this Act.

27. Jurisdiction of civil courts barred.- No civil court shall have jurisdiction in

respect of any matter in relation to which the Government or any other person authorizedby it or any officer or authority appointed or specified by or under this Act, is empoweredto exercise any power, and no injunction shall be granted by any civil court in respect ofanything which is done or intended to be done by or under this Act.

Chapter VI
MISCELLANEOUS

28. Notice of changes.- (1) Whenever an establishment for which certificate of

registration is held by a person, devolves by inheritance or otherwise upon any otherperson or undergoes a change in respect of any particular entered in the directory underthis Act, such person shall, within sixty days of the date ofsuch devolution or change, give notice in writing of the change to the prescribedauthority;

(2)The prescribed authority on receipt of such intimation under sub-section (1), ifsatisfied, shall make necessary changes in the certificate of registration and the directorymaintained by it;

(3)Notwithstanding anything contained in sub-section (2), the prescribed authority maycancel the certificate of registration and remove from the directory, the name of theestablishment in whose favour the certificate was issued if the succeeding person is notqualified to be registered under this Act.

29. Power to inspect.- The prescribed authority or any other person authorised by it

in this behalf may inspect at all reasonable times, the premises of the establishmentsregistered under this Act.

30. Power to delegate.- The Government may by notification in the official Gazette,

direct that any power exercisable by it under this Act, may also be exercised by suchofficer as may be mentioned therein, subject to such conditions, if any, as may be set outtherein.

31. Compounding of offences.- (1) The Government or any person authorised by it,

by general or special order in this behalf, may either before or after the institution of theproceedings, compound such offences punishable by or under this Act, as prescribed.

(2)Where an offence has been compounded, the offender, if in custody, shall bedischarged and no further proceedings shall be taken against him in respect of the offenceso compounded.

32. Protection of action taken in good faith.- No suit, prosecution or other legal

proceedings shall lie against the Government or any person or officer authorised by it orany authority appointed or specified by or under this Act, for anything which is done orintended to be done in good faith, in pursuance of this Act or any rule made thereunder.

33. Power to make rules.- (1) The Government may by notification in the official

Gazette make rules for carrying out the provisions of the Act.

(2)In particular and without prejudice to the generality of the foregoing powers, suchrules may provide for all or any of the following matters, namely:-

(a)the form and manner of application for registration;

(b)the fees for registration;

(c)any additional condition required to be fulfilled for registration;

(d)the constitution of the classification committee;

(e)the check-list of services and amenities at the establishment;

(f)the categories of classification;

(g)the form of certificate of registration;

(h)the format of the directory of establishments;

(i)the form of maintenance of registers and books by the owner of the

establishments;

(j)the period for which a register shall be preserved by the owner;

(k)the manner 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 establishment before removal of its name from

the directory;

(m)the offences which may be compounded and the manner of compounding; and

(n)any other matter which is required to be, or may be, prescribed.

(3)Every rule made under this section shall be laid as soon as may be after it is made,before the Legislative Assembly of the National Capital Territory of Delhi, while it is insession for a total period of thirty days which may be comprised in one session or in twosuccessive sessions, and if, before the expiry of the session immediately following, thesession or the successive sessions aforesaid, the Assembly agrees in making anymodification in the rule or agrees that the rule should not be made, the rule shallthereafter have effect only in such modified form or be of no effect as the case may be,so, however, that any such modification or annulment shall be without prejudice to thevalidity of anything previously done under that rule.

34. Removal of difficulties.- (i) If any difficulty arises in giving effect to the

provisions of this Act, the Government may, by the order published in the officialGazette, make such provisions not inconsistent with the provisions of this act, as mayappear to be necessary for removing the difficulty.Provided that no such order be made under this section after the expiry of oneyear from the date of commencement of this Act.

(2)Every order made under this section shall be laid, as soon as may be after it ismade, before the Legislative Assembly of the national Capital Territory of Delhi.

35. Repeal and Savings.

(1)National Capital Territory of Delhi (Incredible India) Bed & BreakfastEstablishment(Registration and Regulation) (Delhi Ordinance No. 1 of 2007) is herebyrepealed.

(2)Notwithstanding such repeal, anything done or any action taken under the saidOrdinance, shall be deemed to have done or taken under this Act

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