Haryana Municipal (Licensing and Regulation of Lodging Houses) Bye-laws, 1976

Published vide Haryana Government Notification No. GSR 82/....../76, dated 9.4.76

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(1) These bye-laws may be called the Haryana Municipal (Licensing and Regulation of Lodging Houses) Bye-laws, 1976.

(2) They shall apply to all the municipalities.

In these bye-laws, unless the context otherwise requires, -

(a) "Appendix" means an appendix to these rules;

(b) "Lodging house" shall include any hotel, boarding house, rest house, serving flat, Sarai, Dharamshala or any other building or a part thereof wherein lodgers are received and provided with sleeping accommodation either on payment or free of charge;

(1) No person, owner or occupier shall keep or permit any building or part of a building to be used as lodging house, unless he has obtained a licence from the Medical Officer of Health of the municipal committee in this behalf.

(2) The Medical Officer of Health shall fix the number of persons who may occupy any room in a lodging house and the licensee shall not permit more than the number of persons so fixed to occupy such room.

No building or part of a building shall be licensed as a lodging house, unless it has been approved by the Medical Officer of Health or any person authorised by the municipal committee in this behalf as fit for the said purpose.
The Medical Officer of Health or any person authorised by the municipal committee in this behalf shall be the licensing officer of the committee and may grant or refuse a licence. In the event of a breach of a condition of the licence, the Medical Officer of Health or any person authorised by the Municipal Committee in this behalf may revoke the licence.
An application for a licence shall be accompanied by a plan showing the dimensions of all rooms in a lodging house and the purpose for which each room or part of the premises is intended to be used shall also be stated.
Against an order of the Medical Officer of Health or any person authorised by the municipal committee refusing or revoking a licence, an appeal shall lie to the Deputy Commissioner, provided that such an appeal is made within a period of fifteen days from the date of the order. The decision of the Deputy Commissioner on appeal shall be final.
A licensee shall execute such repairs as may be necessary to make the premises fit for use as a lodging house.
A sufficient supply of water, fit for human consumption, shall be provided in every lodging house.
Every lodging house shall be kept clean and an adequate conservancy staff shall be employed. Every room in a lodging house shall be lime or colour washed once a year or more often if the Medical Officer of Health so directs.
A licensee shall comply with any order of the Medical Officer of Health for the purpose of promoting the sanitation or cleanliness of the lodging house.
The Medical Officer of Health or any officer not below the rank of a sanitary supervisor, duly authorised in this behalf by the Medical Officer of Health, may inspect any part of a lodging house between sunrise or sunset.
If the number of persons who may occupy any room has been fixed under clause (2) of bye-law 3, such number shall be painted over the door of such room or a sign board showing the number shall be fixed near the door of every such room.
A licensee shall report immediately the occurrence in such lodging house of any infectious disease as given in the Appendix. The municipal committee may notify any other disease under clause (13) of section 2 of the Haryana Municipal Act, 1973. A licensee shall taken suitable measures to segregate persons suffering from any such disease and all known contacts residing in the lodging house until directions are received from the Medical Officer of Health.
A licence fee of ten rupees per head per annum shall be charged on the total maximum of lodgers authorised under clause (2) of bye-law 3 irrespective of whether the actual number of lodgers in the house is less than the authorised number. The recovery of the fee may be made in lump sum. In case the amount of recovery exceeds one hundred rupees it may be recovered in two equal instalments.

[Provided that no fee shall be charged in case of Government rest house, dharamshalas/sarais, hotels and boarding houses of schools and colleges.]

A room in a lodging house which has been occupied by the person suffering from an infectious disease shall not be allowed to be occupied until disinfection has been carried out in accordance with the direction of the Medical Officer of Health.
The licensee shall keep a register in the form prescribed by the Medical Officer of Health in which he shall record immediately on the arrival or departure of any person who lodges in the lodging house, the following particulars :-

(i) On arrival :-

(a) name, father's name or in the case of married women, the husband's name and permanent and present addresses of every such person.

(b) The caste and occupation of such person.

(d) The place from which person arrived.

(ii) On departure :-

(a) The date of departure of such person.

(b) The place to which such person proceeded on departure.

Any person who commits a breach or abets the breach of these bye-laws shall, on conviction by a Magistrate, be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees and when the breach is continuing breach, with a further fine of ten rupees for every day after the first during which the breach continues.
Any bye-laws relating to lodging houses and applicable to the municipalities immediately before the commencement of these bye-laws shall stand repealed :

Provided that any order made or action taken under the bye-laws so repealed, shall be deemed to have been made or taken under the corresponding provisions of these bye-laws.

Appendix

List of the Infectious Diseases

Enteric fever and its allied fevers.
Diphtheria.
Typhus fever.
Dysentery.
Small pox.
Chicken pox.
Measles.
Plague.
Cholera.
Scarlet fever.
Puerperal fever.
Leprosy.
T.B. All Kinds.
Whooping Cough.
Mumps.
Cerebro-spinal fever.