India code link to Delhi Hotels (Control of Accommodation) Act, 1949

ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and application. 2. Definitions. 3. Controlled accommodation in hotels. 4. Temporary booking of controlled accommodation. 5. Booking of controlled accommodation for Government allottees. 6. Service of order. 7. Power of entry, inspection, etc. 8. Appeals. 9. Penalties. 10. Saving as to orders. 11. Protection of action taken under the Act. 12. Power to make rules. THE SCHEDULE.

ACT NO. 24 OF 1949

[22nd April, 1949.]

An Act to provide for the control of accommodation in certain hotels in the 1

[Union territory] of

Delhi.

WHEREAS it is expedient to provide for the control of accommodation in certain hotels in the

[Union territory]

It is hereby enacted as follows:—

Short title, extent and application.—(1) This Act may be called the Delhi Hotels

(Control of Accommodation) Act, 1949.

[(2) It extends to the area which immediately before the 7th April, 1958, were included in the

jurisdiction of—

(a) the Municipality of New Delhi;

(b) the Notified Area Committee, Civil Station, Delhi].

(3) It shall apply to the hotels specified in the Schedule and to such other hotels as may from time to

be added to the Schedule by notification in the Official Gazette by the Central Government.

Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

to, or allow the same to be occupied by any person otherwise than in accordance with the provisions of

this Act.

Temporary booking of controlled accommodation.—(1) The manager of a hotel shall not allot

any controlled accommodation therein or any part thereof to, or allow the same to be occupied by, any

permanent resident but may, subject to the provisions of section 5, allow any temporary resident to stay in

such accommodation or in any part thereof for any period not exceeding seven days or for any further

period by which the period of stay of such temporary resident may be extended under sub-section (2).

(2) When any temporary resident is taken under sub-section (1) as a resident in any controlled

accommodation or part thereof in a hotel for a period not exceeding seven days, the manager of the hotel

may, with the previous permission of the 1

[Director of Estates] obtained in writing in accordance with the

provisions of this section, extend from time to time the period of stay of such temporary resident as his

request by not more than seven days at a time.

(3) The manager of the hotel shall, before he agrees at any time to extend the period of stay of a

temporary resident under sub-section (2), apply in writing to the 1

[Director of Estates] for his permission

under that sub-section and every such application shall be made not less than three days before the date on

which the period of stay of such resident for the extension of which the permission is applied for expires.

(4) On receipt of such application the 1

[Director of Estates] may either grant or refuses to grant such

permission and in doing so he shall be solely guided by the requirements of accommodation for

Government officers or other persons for whom he is required to fined accommodation, and the order

granting or refusing such permission shall be forthwith communicated by the 1

[Director of Estates] to the

manager of the hotel.

(5) When the 1

[Director of Estates] refuses to grant permission to the extension of the period of stay

of any temporary resident under sub-section (4), such temporary resident shall not stay or be allowed to

stay in the controlled accommodation or part thereof, beyond a period of three days from the date on

which the order of 1

[Director of Estates] refusing to grant such permission is communicated to the

manager of the hotel.

Booking of controlled accommodation for Government allottees.—(1) The 1

[Director of

Estates] may by written order direct the manager of a hotel to book for the use of any Government allottee

specified in the order any controlled accommodation or part thereof in such hotel; and thereupon the

manager of the hotel shall forthwith comply with the order and shall accept the Government allottee so

specified as resident in such accommodation or part thereof, as the case may be, and shall allow him to

occupy the same for such period as may be specified in the order and for such further period or periods as

the 1

[Director of Estates] may, from time to time, direct subject to the payment of the usual charges

therefor in accordance with the provisions of sub-section (2).

(2) The charges payable in respect of any accommodation provided under sub-section (1) to a

Government allottee shall—

(a) in the case where it is expressly provided in the order made under that sub-section that such

charges shall be payable by the Central Government, be paid by that Government and;

(b) in other cases, be paid by the Government allottee;

and the time at which and the manner in which the charges shall be so paid shall be such as may be

specified in the order made under sub-section (1).

Service of order.—An order made under this Act shall be served on or communicated to the

manager of a hotel either by delivering or tendering to him a copy of the order, or by post, or in such other

manner as may be prescribed by rules made under section 12.

Subs. by Act 52 of 1964, s. 3 and the second Schedule, for “Estate Officer” (w.e.f. 29-12-1964).

Power of entry, inspection, etc.—The 1

[Director of Estates] may for the purposes of the Act—

(a) enter and inspect any hotel at any time between sunrise and sunset;

(b) authorise any officer subordinate to him to enter and inspect any hotel;

other documents as may be necessary at such time and at such place or to furnish to him such

information with respect to the accommodation contained in the hotel as may be specified in the

order.

Appeals.—(1) Any manager of a hotel aggrieved by an order of the 1

[Director of Estates] may,

within seven days from the date on which the order is communicated to him, present an appeal in writing

to the Chief Commissioner, Delhi:

Provided that no such appeal shall lie except on the ground that the provisions of this, Act have not

been complied with.

(2) The Chief Commissioner may transfer any appeal to the Deputy Commissioner, Delhi.

(3) The Chief Commissioner or, when an appeal has been transferred to him, the Deputy

Commissioner shall, after calling for a report from the 1

[Director of Estates] and after making such further

inquiry, if any, as he thinks fit, decide the appeal.

(4) The decision of the Chief Commissioner or, as the case may be, of the Deputy Commissioner and

subject only to such decision the order of the 1

[Director of Estates] shall be final.

Penalties.—Whoever contravenes or attempts to contravene or abets the contravention of the

provisions of sub-section (3) of section 3, or any of the provisions of section 4 or the provisions of

sub-section (1) of section 5, shall be punishable with fine which may extend to one thousand rupees, or

with imprisonment for a term which may extend to three months, or with both.

Saving as to orders.—Expect as otherwise provided for in this Act, no order made in exercise of

any power conferred by this Act shall be called in question in any Court.

Protection of action taken under the Act.—(1) No suit, prosecution or other legal proceeding

shall lie against any person for anything which is in good faith done or intended to be done under this Act.

(2) No suit or other legal proceeding shall lie against the Central Government for any damage caused

or likely to be caused by anything in good faith done or intended to be done under this Act.

Power to make rules.—The Central Government may, by notification in the Official Gazette,

make rules for carrying out the purposes of this Act.

Subs. by Act 52 of 1964, s. 3 and the second Schedule, for “Estate Officer” (w.e.f. 29-12-1964).

THE SCHEDULE

[See section 1 (3) and 2 (6)]

Imperial Hotel, New Delhi.
Marina Hotel, New Delhi.
Cecil Hotel, Delhi.
Maidens’ Hotel, Delhi.
Swiss Hotel, Delhi.

[6. Central Court Hotel, New Delhi.

Hotel India, New Delhi.
Grand Hotel, Delhi.]

[9. Hotel Ambassador, New Delhi.]