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Government of Maharashtra
Official gazette
_
Merch 2015/Chaitra Shake 1937
District Msgistrate Aurangabad
(Notification)
In accordance with the powers conferred by the provisions of Section 33 (IXXA) of the Bombay
Police
Act
l95l,l
and
ofall
other powers enabling him in that behalf the District Collector and the
District Magistrate , for Aurangabad District hereby makes the following for Eating House, mess and
restaurants by whatever name they are called in Aurangabad District (Excluding the territorial limits
ofthe Police Commissionarate Aurangabad ofas under:-
3.
Name:- These Rules shall be called as the Aurangabad District Eating House, Mess and
Reslaurants, Bhojnalayas etc and Lodging and Boarding in Aurangabad District. (Registration and
R"Eulation) Rules 2015. These rules shall be applicable to the entire Aurangabad District
^
Excluding the territorial limits ofthe Police Commissionarate Aurangabad.
2. Definitions:-
a.
Aurangabad District: - Means the entire teritorial limits of the Aurangabad Revenue Distric!
excluding the territorial limits ofthe Police Commissionarate Area Aurangabad.
b.
Distri* Magistrate: - Means the District Magistrate and District Collector of
Aurangabad
District , and also includes the Additional District Magistrate Aurangabad.
c.
Eating House
i
Means any place where eatables are served for a monitary consideration, and
includes the private mess
,
and restaurants and the Roti Kendras ,Bhojnalaya /juice
centers/cold drink centers / Raswanties /Bhojnalaya /Juices lce cream parlours /snacl$ centers
/Raswantiysweet marts/Namkins /lce creams Parlours
,
i
Bakery producs residential Mess/
Hotel/ Dhaba /Pav bhaji centers ,/Farsan Mart and Coffee homes where the eatables and
meals are being prepared and sold , to the customers for monetary consideration.
d.
Lodging/Boarding House:- Any premises by whatever name called, in which the proprietor
ofthat premises offer any persons Temporary accommodation
as per the
,
on the payment of charges
Tariff, and also includes the premises where the Eatables and Drinks
are offered to
the persons who are offered Accommodation in the premises.,
e.
Registering Authority: - Means the District Magistrate and District Collector of Aurangabad
District, and also includes the Additional District Magistrate Aurangabad.
3.
No person shall open or keep any of Eating Houses/ Lodging/boarding house in the Aurangabad
District unless he holds a certificate of Registration granted under the Bombay Police Act l95l
and Roti
and in accordance with these rules in respect of such Eating House, reslaurants and mess
Kendras. The Eating House license is mandatory for Restaurants Bhojnalaya /juice centervcold
drink centeB
/
Raswanties /Bhojnalaya /Juices
Ice cream Parlours /snacks
centers
/Raswantis/Sweet marts/Namkins /lce creams Parlours / Bakery products residential Mess/ Hotsl/
Dhaba /Pav bhaji centers /Farson Mart and Coffee homes' by whatsoever name called'
obtain the
In the like manner every Proprietor ofthe Eating House, t odging/Boarding house shall
Rules'
necessary registration certificates in accordance with the provisions ofthese
4.
ln the cases of the Eating
Houses /Lodging'rboarding house which are
in
existence and in
Lodging/boarding
operations on the date ofthe commencement ofthis rules, those Eating houses/
Gazette, shall apply
house shall, within 3 months from the publication ofthese rules in the o{Iicial
totheregisteringaurhority,intheprescribedformfortheregistrationoftheEatingHouse
Lodging/boardinghouse,etcinaccordancewiththeprovisionsofthisRules.onthefailureto
proprietor of
submit such application for the registration, under these rules, within 3 months, the
theconcernedEatinghouse/Lodging/boardinghousesha||beundertheliabilitytomakethe
Eating House
paymenr of the penalty of Rs 200 per Day, for the delay cause in registering the
under the provisions oftheso Rules. The said
delay
shall be condoned for the maximum period
be liable for
of 2 months, beyond which, the failure to, submit the Registration application, shall,
the action ofclosure ofthe said Eating House by whatsoever name called'
5.
house
Registrrtion: - An application for the Registration ofthe Eating House/ Lodging/boarding
house in the office
be submitted by the Proprietor of the Eating House / Lodging/boarding
shall
of The
Registration Officer
in the
prescribed form along
with all the
necessary required
documents in DuPlicate.
i)
On the submission
of
such application
for Registration
'
the Registering Authority shall
scrutinizethedocumentsattachedbytheapplicant,andshallconductsuchnecessaryenquiry
ashemaydeemfit,andthereuponiftheRegisteringAuthorityshallifhedeemsfit,issue
house in the
the Registration certificate for the Eating House and the Lodgingiboarding
Prescribed Form.
ii)IftheRegisteringAuthorityRefusesandrejectstheApplication,heshallcommunicatetothe
applicant the reasons thereof.
ofRegistration
iii) Ifthe Registering Authority grants Registration certificate than such certificate
on 3l st December ofthe
shall be vatid for the a year beginning form I st January and ending
registering authority '
current year , Subject to further renewal , on year to year basis by the
unless the same is cancelled or revoked by the Registering Aulhority'
6] The Registration Fee to be
prid by the applicrnt: - Every certificate ofRegisration in respect of
an Eating House at the District shall be as under
a. Eating HousdRestaurant Having Sitting Capacity
of
Rs 550
of
Rs I 100
of
Rs. 2200^
0-10 Persons:b. Eating House/Restauranl Having Sitting Capacity
I
l-25Persons
c. Eating Housey'Restaurant Having Sitting Capacity
26-50 Persons
d. Eating House/ Restaurant Having Sitting Capacity
of
Rs-4400i-
5l-100 Persons
e. Eating House/Restaurant Having Sitting Capacity
of
Rs 100001
/
Rs 5000/-
Above Hundred Persons
f. For Roti Kendras /juice centers/cold drink centers
Raswanties /Bhojnalaya /Juices Ice cream parlours
/
snacks centers / /Sweet marts,Namkins / / Bakery products
residential Mess/ Hotel/ Dhaba /Pav bhaji centers
/
Farsan Man and Coffee homes
7l
tf the certificate is lost or destroyed ,the registering authority may on an application to him and
on payment of a fee of Rs 500/- and such Enquiry as he may think
A
fit
issue a duplicate copy
of
the certificate lost or destroyed as the case maybe
8l
Every registering authority shall maintain a register in respect of the c€rtificale of Registration
issued and renewed by him from time to time
9l lfthe Applicant has applied for the Registration ofthe Eating House/ Lodging/boarding house,
and if it is a partnership firm ,then the Applicant shall be required to submit the registered
partnership deed and a registration certificate {Register of Companies I along with other
documenl which is already mentioned in clause herein after,
I0l
The Applicant shall submit the following documents along with the Registration Applicationr
[A] Prescribed Application form
[B] Shop Act License coPy
[C] Food and drug License
coPY
[D] 7/12 Extract OR ProPerty card copy
IE] Municipality /Planning Authority's NOC
[G] Building Permission before construction
[H] Building completion certifi cate
[J] Commercial NA order
[K] Photographs ofthe proposed site and also regarding parking space and other
arrangements
[L] Owner permission /consent deed, if the premises is rented
[M] National Highway Authority's N O C [subject to location]
[N] NOC of District Health officer Zilla Parishad
Police Station and
[O] police Verification Report to b€ submitted through the concemed
the SuPerintendent of police, Aurangabad.
[P] Undertaking in the pr€scribed form.
n
I
l]
A renewal license fee to be paid by the applicant every year shall be as follows
Al Hotels /Restaurants /canteens /Bhojnalaya
Bl Eating
House with Ba$ permit rooms
etc.
etc
RS 2500
RS' 2500
Cl Delayed renewal of Liccnse Eating House Aurangbad District up to 3 month form the
ofdue date ofrenewal oflicense Till maximum 3 further months: - Rs. 200 /Ivtonth
Dl
Change of
location
E] Inclusion ofname of Partner in the
Rs 1000
License
Rs 1000
of partners]
{For more than one parher Rs 1500 shall be charges for every addition
l2l
This Rules shall be applicable to all the canteens at all the Railway canteens ST Stand Canteen
Cinema Theatre also
l3l The normal timings between which
between 5 Am
finished
till
till I I
Pm.
lf
the restaurant, Eating House, etc shall be kept open shall be
for the reasons that the eatables served to ay customer could not
be
I1.00 pm, then the time for closure ofthe said eating house shall be extended up to
further 15 minutes. Thereafter
if
any eating house, is reported to be kept open then necessary
penal action shall be taken against the concemed eating house and its proprietor in accordance
with the provision of the Bombay Police Act, in addition to the fine which shall imposed by the
Registering Authority, which shall not be more than Rs. 5,000L.
141
Reglstration of Lodging and Boardint House- No person shall run any lodginS,/boarding house unless he
obtain the necessary registration certificate for the same from the registration authority in accordance
with the Rules here in framed. Any person intending to start lodging and boarding house within the
territorial jurisdiction the District Collector Aurangabad shall apply to the registering authority in the
prescribed form for the registration of the lodging/boarding house,
151 The Applicant shall submit
the following documents for the Registration of the Lodging and
Boarding License
(aI
Prescribed application form
(b)
Shop Act l-icense
(c)
Food and Drug License
(d) Eating house License in case of the lodging/boarding house attached to any eating house.
lel 7h2
ExlracllPR card/Namuna no.8 copy
(fl
No obiection certificate form DHo /zP Aurangabad
(g)
Building sanctioned plan
(h) No obiection Certificate from the concerned planning authority
(J) Copy of Commercial N A order
(K) Building completion certifi cate
(l) Undertaking in the prescribed form
71
registration of the
"A License fee for grant of the Registration to be paid by the applicant for seeking
161
Lodging/boarding house shall be as follows:-
I
Lodging House
5 Star Hotel
Rs 20,000
2
Lodging House in 4 Star Hotel
Rs I5,000
3
Lodging House in3 Star Hotel
Rs 10,000
4
Lodging-BoardingHouses
in
Rs 10,000
(ln addition to the above fees, the applicant shall also deposit)
17]FeesforgrantofRegistrationtobepaidbytheapplicantshallbeasfollowsforeveryLlcensein
respect of Lodging and Boarding -
Rates (Rs)
Particulars of Rooms
Sr. No.
(applicable in whole district)
1,000
1to 10 Rooms
1
Having
2
Having 11 to 25 Rooms
1,500
3
Having 25 to 50 Rooms
2,000
4
Having 51 to 100 Rooms
3,000
5
Having more than 100 Rooms
5,000
181 Renewal
every year shall be as follows'
of License- A renewat license fee to be paid by the applicant
A)
I
Lodging House in 5 Star Hotel
Rs 5,000
2
Lodging House in 4 Star Hotel
Rs 4,000
J
Lodging House in3 Star Hotel
Rs 3,000
4
Lodging-Boarding Houses
Rs 2,000
1,2
B)
Rates (Rs)
Particula.s of Rooms
Sr. No.
(applicable in whole district)
191 Oelay
Having 1 to 10 Rooms
1,000
Having 11to 25 Rooms
1,500
Having 25 to 50 Rooms
2,000
Having 51 to 10O Rooms
3,000
Having more than 100 Rooms
5,000
in Renewal of ucense up to 1year - A fee to be paid by the applicant shall be as follows
for License in respect of l-odging and BroodinB
Provided that a fee of Rs. 250 per month shall be charged form the date of expiry of License,
if there is delay up to 1 year in making application for renewal. lf there is delay beyond up to
L
year in making apptication the license shall be treated as cancelled, in such cases before
cancellation of license revenue fine will be recovered from applicant in any case,
if
licensing
authentic want to continue renewal of License Renewal charSes in extra, which was mentioned
in rule 11.
copy
2Ol Duplicate copy of Licensee Rs 5OO Shall be paid by the applicant for obtaining the Duplicate
of the Certificate of Lodging and Boarding House
211
The Necessary enquiry shall be made by the ReSistering Authority as he deems fit , in respect of
the Application submitted by the Proprietor for the Registration of the todging /Boarding House
Either by Himself or through
any officer authorized by him and thereafter take appropriate
decision on merits regarding the Grant or Refusal
ofthe ticense/ ReBistration Certificate for the
Lodging /Boarding House
221
lf at any point of time it
apPears
to the Registering Authority, that the Prop' Of
Lodging
activities, which is
/Eoarding House is indulged in any kind of illegal, unauthorized, immoral,
detrimental to the public Peace, and safety, and is a threat to the I internal security of the state,
thentheResisteringauthority,afterconductingthenecessaryenquiry,inthisregard,shallpass
such orders regarding
the cancellation of the certificate of Registration of such Lodging
down'
/Boarding House, and shall cause the said Lodging /Boarding House to be shut
13
231 Applicants shall submit
the following
documents
for the purpose of the renewal of the
registration of the Lodging and Boarding House
(a)
Renewal Fees paid by Challan in SBI'
(b)
No ob.iection certificate of DHO ZP
{C) No Objection Certificate of B and
C
Department
(d) lnsurance of Place where License
is
granted
24]lnsuchcasesLicenseshallbeSrantedandthevalidforthemonthofDecemberofthe
subs€quent Year.
251
and the
That every registration certificate issued under this rules in respect of the Eating House
LodginSandBoardingHouseshallbeinheritableinaccordancewiththeprevailinSlawandthe
Personal Law of Succession apPlicable to the registration certificate holder'
26]Thescheduleheretoappendedtobetheofficertowhomanappea|shalllieagainstanyorder
Lodging/boarding
refusing to grant or renew any certificate of Registration for any Eating House/
house made under any rules or orders for authority mentioned
of the said schedule functioning
within thejurisdiction ofthe officer within 30 days from refusing
Schedule
Sr
Registering AuthoritY
no
oficer to whom an Appeal shall be placed
District Magistrate &
Additional District Magistrate
I
Divisional Commissioner Aurangabad
Aurangabad
Provided that an appeal can be filed after the Expiry ofthe period of thirty days
'
ifthe applicant
satisfiestheappellateauthority,thattherewassufficientcause,whichhadpleventedhimtofile
the appeal within the prescribed period.
27]RepealandSavings:.Theruleswhichwereinforcerelatingtothesubjectmatteroftheserules,
prior to the coming into existence ofthese rules stand repealed'
Aurangabad
Darc:a
3lollZrts
(Vikra
Distric t M a g{-strate Au ra n ga bad
1,4