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The Sarais Act, 1867

Act No. XXII of 1867
Date of Assent: 15th March, 1867
Status: Active

Preamble

An Act for the regulation of public Sarais and Puraos.

WHEREAS it is expedient to provide for the regulation of public Sarais and Puraos: It is hereby enacted as follows:

Definitions

Section 2 - Interpretation Clause

In this Act, unless there be something repugnant in the subject or context:

"Sarai" means any building used for the shelter and accommodation of travellers, and includes, in any case in which only part of a building is used as a sarai, the part so used of such building. It also includes a purao so far as the provisions of this Act are applicable thereto.

"Keeper of a sarai" includes the owner and any person having or acting in the care or management thereof.

"Magistrate of the District" means the chief officer charged with the executive administration of a district in criminal matters whatever may be his designation.

Registration Requirements

Section 3 - Notice of this Act to be Given to Keepers of Sarais

Within six months after this Act shall come into operation, the Magistrate of the District in which any sarai to which this Act shall apply may be situate shall, and from time to time thereafter such Magistrate may, give to the keeper of every such sarai notice in writing of this Act, by leaving such notice for the keeper at the sarai; and shall by such notice require the keeper to register the sarai as by this Act provided.

Section 4 - Registers of Sarais to be Kept

The Magistrate of the District shall keep a register in which shall be entered by such Magistrate or such other person as he shall appoint in this behalf, the names and residences of the keepers of all sarais within his jurisdiction, and the situation of every such sarai. No charge shall be made for making any such entry.

Section 5 - Lodgers, etc., Not to be Received in Sarais Until Registered

After one month after the giving of such notice to register as by this Act provided, the keeper of any sarai or any other person shall not receive any lodger or allow any person, cattle, sheep, elephant, camel or other animal, or any vehicle, to halt or be placed in such sarai until the same and the name and residence of the keeper thereof shall have been registered as by this Act provided.

Section 6 - Magistrate May Refuse to Register Keeper Not Producing Certificate of Character

The Magistrate of the District may, if he shall think fit, refuse to register as the keeper of a sarai a person who does not produce a certificate of character in such form and signed by such person as the Government shall from time to time direct.

Duties of Keepers

Section 7 - Duties of Keepers of Sarais

The keeper of a sarai shall be bound:

  1. When any person in such sarai is ill of any infectious or contagious disease, or dies of such disease, to give immediate notice thereof to the nearest police-station

  2. At all times when required by any Magistrate or any other person duly authorized by the Magistrate of the District in this behalf, to give him free access to the sarai and allow him to inspect the same or any part thereof

  3. To thoroughly cleanse the rooms and verandahs, and drains of the sarai, and the wells, tanks, or other sources from which water is obtained for the persons or animals using it, to the satisfaction of the Magistrate of the District

  4. To remove all noxious vegetation on or near the sarai, and all trees and branches of trees capable of affording to thieves means of entering or leaving the sarai

  5. To keep the gates, walls, fences, roofs and drains of the sarai in repair

  6. To provide such number of watchmen as may, in the opinion of the Magistrate of the District, be necessary for the safety and protection of persons and animals or vehicles lodging in, halting at or placed in the sarai

  7. To exhibit a list of charges for the use of the sarai at such place and in such form and languages as the Magistrate of the District shall from time to time direct

Section 8 - Power to Order Reports from Keepers of Sarais

The keeper of a sarai shall from time to time, if required so to do by an order of the Magistrate of the District served upon him, report, either orally or in writing as may be directed by the Magistrate to such Magistrate or to such person as the Magistrate shall appoint, every person who resorted to such sarai during the preceding day or night.

Maintenance and Safety

Section 9 - Power to Shut Up, Secure, Clear and Clean Deserted Sarais

If any sarai by reason of abandonment or of disputed ownership shall remain untenanted, and thereby become a resort of idle and disorderly persons, or become in a filthy or unwholesome state, or be complained of by any two or more of the neighbours as nuisance, the Magistrate of the District, after due enquiry, may cause notice in writing to be given to the owner requiring them to secure, enclose, clean or clear the same.

Section 10 - Taking Down or Repairing Ruinous Sarais

If a sarai or any part thereof be deemed by the Magistrate of the District to be in a ruinous state, or likely to fall, or in any way dangerous to the persons or animals lodging in or halting at the sarai, he shall give notice in writing to the keeper of the sarai requiring him forthwith to take down, repair or secure the sarai or such part thereof as the case may require.

Section 11 - Sale of Materials of Ruinous Sarais

If any such sarai or any part thereof be taken down by virtue of the powers aforesaid, the Magistrate of the District may sell the materials thereof, and apply the proceeds of such sale in payment of the expenses incurred, and shall restore the over-plus (if any) arising from such sale to the owner of such sarai on demand.

Penalties and Enforcement

Section 12 - Penalty for Permitting Sarais to be Filthy or Overgrown

Whoever, being the keeper of any sarai, suffers the same to be in a filthy and unwholesome state, or overgrown with vegetation, or after the expiration of two days from the time of his receiving notice in writing from the Magistrate of the District to cleanse or clear the same, shall be liable to the penalties provided in section 14 of this Act.

Section 13 - Power for Government to Make Regulations

The Government may from time to time make regulations for the better attainment of the objects of this Act, provided that such rules be not inconsistent with this Act or with any other law for the time being in force, and may from time to time repeal, alter and add to the same.

Section 14 - Penalty for Infringing Act or Regulations

If the keeper of a sarai offend against any of the provisions of this Act or any of the regulations made in pursuance of this Act, he shall for every such offence be liable on conviction before any Magistrate to a penalty not exceeding twenty taka, and to a further penalty not exceeding one taka a day for every day during which the offence continues.

Section 15 - Conviction for Third Offence to Disqualify Persons from Keeping Sarais

Where a keeper of a sarai is convicted of a third offence under this Act, he shall not afterwards act as keeper of a sarai without the license in writing of the Magistrate of the District, who may either withhold such license or grant the same on such terms and conditions as he may think fit.

Exemptions and Application

Section 16 - Nothing in Act to Apply to Certain Sarais

No part of this Act, except section 8, shall apply to any sarai which may be under the direct management of the Government or of any Municipal Committee.

Section 17 - Power to Government to Extend this Act

This Act shall not apply to a Metropolitan Area.

Section 18 - Short Title

This Act may be called the Sarais Act, 1867.

Historical Context

This Act was enacted to regulate public accommodations for travelers, ensuring proper sanitation, safety, and management of sarais (inns) during the British colonial period.

Current Application

This Act continues to provide regulatory framework for lodging houses and traveler accommodations in Bangladesh, though modern hospitality laws have largely supplemented many of its provisions.

Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-18.html