It was a great calamity before doomsday when the New Year 2022 started with a white-storm which badly hit our known hill station Murree. The calamity discloses that our whole Civil Defense System and Civil Administration is not at all capable to deal with such disaster in any manner whatsoever. National Disaster Management Authority was also conspicuously missing. What else can we call a Disaster? Although, in every field of life we have noticed that our administration was not at all available at the scene of that calamity and the victims were left at mercy of the wild storm. But here I am concentrating only on callous attitude of Hotel Mafia and the ineffective implementation upon the law known as “PAKISTAN HOTELS AND RESTAURANTS ACT, 1976. This law (the Act) LXXXI was promulgated on 04.01.1977 by the Parliament of Pakistan on the strength of resolutions, passed by all the Provincial Assemblies within the mandate of Article 144 of the Constitution of Islamic Republic of Pakistan, 1973. This act was promulgated to provide measures for controlling and regulating the standards of services and amenities for the tourists in hotels and restaurants and for the matters ancillary thereto or connected therewith.
For ready reference and for convenience, some of the relevant provisions of the said act are reproduced hereinbelow:-
SECTION 3: APPOINTMENT OF
CONTROLLER, DEPUTY CONTROLLERS
AND ASSISTANT CONTROLLERS (1)
The Federal Government may, by notification in the official Gazette, appoint a person to be the Controller for the purposes of this Act and such number of Deputy Controllers and Assistant Controllers as may be necessary for the performances and discharge of such functions and duties as may be assigned to them by or under this Act and may, by general or special order provide for the distribution or allocation of work to be performed by them.
SECTION 5: REGISTRATION OF
HOTELS AND RESTAURANTS (1)
The owner of every hotel and restaurant shall, within a period of two months from the commencement of this Act, or from the opening of the hotel or restaurant, or from the date on which this Act becomes applicable to such hotel or restaurant, whichever is later, apply to the Controller for registration of his hotel or restaurant and for determination of fair rates in relation thereto and in the case of a hotel, also for its classification, on payment of such fee as may be prescribed.
SECTION 7: ISSUE OF LICENCE (1)
Every owner shall, after registration of his hotel or restaurant under section 5, obtain a license from the Controller on payment of such fee as may be prescribed.
(2) No owner shall carry on his business or in the case of a hotel, use the classification star sign, without first getting the hotel or restaurant registered and obtaining a license under this Act.
SECTION 10: CONTROLLER TO FIX
FAIR RATES (1)
The Controller may fix fair rates to be charged for board, lodging and other service provided in a hotel at such amount as having regard to the prescribed principles governing fair rates and the classification of hotels, he deems just.
SECTION 13: FAIR RATES, ETC.
TO BE DISPLAYED (1)
The fair rates, the maximum numbers of guests that may be accommodated in a room or unit of accommodation in a hotel and the rules of the establishment shall be displayed in a conspicuous manner in the office and in the public rooms, if any, of every hotel.
(2) The fair rates and the rules of the establishment shall be displayed in a conspicuous manner in the office and the hall and rooms of every restaurant.
SECTION 15: CHARGE IN EXCESS
OF FAIR RATES PROHIBITED
(1) Notwithstanding any agreement to the contrary, no owner shall charge a guest or customer any amount in excess of the fair rates.
From the above provisions of the Act, it is manifestly clear that all the hotels and restaurants are to be registered by a Controller, to be appointed by the Federal Government and the said Controller is also under a statutory duty to fix the fair rates to be charged for boarding, lodging and other services, provided through a hotel and such rates are mandatorily to be displayed at conspicuous places, main hall and rooms of every hotel. Violations of the provisions of such law are liable to be dealt with under section 22 of the Act and penalties are provided for every violation. I am afraid that any Controller within the meaning of above referred act, has been appointed by the Federal Government and if at all any such controller is appointed, the latter has performed his any statutory function. It is now the high time to enforce every provision of the referred Act and the relevant administrative set up is to be bound down to ensure as to strict adherence of all provisions of the said Act.
