Although British India had enacted numerous laws, India opted to adopt its own constitution on independence. However, more than 300 archaic, colonial-era enactments, including the Code of Criminal Procedures 1898, Indian Penal Code 1860, Code of Civil Procedure 1908, and Indian Contract Act 1872, are still in force. Out of these, the lesser known but significant is the Sarais Act of 1867. Under this Act, individuals are still entitled to use washroom facilities at any hotel and can request complimentary water, even at a five-star hotel.
The Sarais Act of 1867 has a pivotal place in the nation’s historical legislative framework governing the hospitality industry. Enacted during the British colonial era, this Act was developed to regulate and maintain standards in inns, lodgings, and sarais that served as crucial stopovers for travellers across the vast country.
The term ‘Sarai’ refers to any structure that is made to provide shelter and accommodation for travellers. In cases in which only a section of a building serves as a sarai, the particular portion is encompassed within the definition. Additionally, the definition extends to include ‘purao’ provided that the provisions of this Act are relevant and applicable to such structures.
Table of Contents
The Sarais Act of 1867
The Sarais Act was passed by the British colonial administration in 1867. Its chief objective was to address the unregulated and often substandard conditions prevailing in inns and rest houses across India. By regulating these ‘sarais’ the British authorities wanted to improve the overall travelling experience for people moving across colonial India’s vast and diverse landscape.
Provisions of the Act
The Sarais Act of1867 included various important provisions that standardise and regulate operations of sarais and inns across the country. These provisions were made to improve the overall experience of travellers and guarantee the proper functioning of hospitality establishments.
The Act sought to strike a balance between the interest of travellers seeking safe and comfortable lodging options and the responsibilities of the proprietors in maintaining suitable accommodations.
Through the application of these regulations, the Act played a pivotal role in shaping and organising the hospitality landscape during its time. The following are the key provisions of the Sarais Act of 1867:
- Licensing Requirements: For legal operations of sarais, the Sarais Act mandated obtaining a valid licence from the local authorities. This licensing process was aimed to establish an accountable and formal guideline for managing such establishments and ensuring their cohesion to prescribed standards.
- Regulation of Facilities: The Act laid down comprehensive guidelines for maintaining and providing essential amenities within inns and sarais. It highlighted the importance of offering adequate provisions such as proper sanitation, clean and comfortable accommodations, access to clean drinking water and availability of meals. These regulations sought to establish a certain level of safety and comfort for travellers.
- Fixing Rates: To curb exploitative pricing practices and promote fairness in the hospitality domain, the Sarai Act bestowed the administration with the authority to fix rates for various services offered by sarais and inns. This act was aimed to ensure that travellers were charged fair and reasonable fees for the services they availed.
- Inspection and Penalties: The Act facilitated regular inspection of inns and sarais by designated authorities. These inspections were a means of monitoring compliance with the set regulations and standards. In the case of non-compliance to the prescribed standards, the Act allowed authorities to impose penalties on errant establishments. In severe cases of dissent, the authorities also had the power to charge hefty fines or close the establishment completely.
Features of the Act
The Sarais Act of 1867 symbolised a significant step towards organising the hospitality industry in India. Some notable features of the Act are as follows:
- Social Welfare: The Act was aimed to safeguard the interests of travellers, providing them with reasonable services and accommodations.
- Infrastructure Development: By setting standards for facilities and services, the Act promoted the advancement of infrastructure in the hospitality sector.
- Control and Regulation: The Act originally gave colonial authorities a means to regulate and control the functioning of inns and sarais, ensuring they adhered to prescribed norms.
Reasons to Repeal
Despite its historic significance, the Sarai Act has been subject to criticism and calls for repeal over the past few years. Several factors have contributed to these demands, underlining the necessity for a conventional and comprehensive legislative framework to govern the ever-evolving hospitality industry. The key reasons in favour of repealing the Act were as follows:
Outdated Provisions: The Sarai Act was introduced during the colonial era, and many of its provisions have become obsolete with time. Because the hospitality industry underwent considerable transformations, changing traveller expectations, and technological advancements, the Act’s provisions failed to keep up with the dynamic nature of the sector. Consequently, outdated regulations became inadequate to address modern requirements and challenges.
Redundancy: Over years, various subsequent laws and regulations have been introduced to address various aspects of the hospitality industry. Some provisions of the Sarai Act were found to be duplicative or overlapping with those found in other legislations. The existence of parallel regulations led to administrative inefficiencies and confusion among stakeholders, making a case for repealing redundant provisions.
Inadequate Enforcement: Despite its well-intentioned provisions, the Sarai Act faced numerous challenges in enforcement, leading to non-compliance by some establishments. Inadequate enforcement mechanisms undermined the effectiveness of the Act in ensuring the desired standardisation and quality of service provided by sarais and inns. This issue further strengthened the case of revising or repealing the Act to implement more effective enforcement measures.
Lack of Consumer Protections: With the expansion of the hospitality industry, the need for robust consumer protections increased. The Sarai Act primarily focused on regulating the operations of establishments and lacked comprehensive provisions to safeguard the rights and interests of travellers and tourists. Without adequate consumer protections, the Act fell short in addressing grievances and disputes between travellers and accommodation providers.
Current Legislation Regarding the Hospitality Industry
In modern India, the hospitality industry is governed by various regulations and laws, ensuring better safety, comfort, and standardisation of travellers and tourists. Some notable legislation involving the tourism industry in India are as follows:
The Tourism Act
This Act was formed to advance and promote tourism in India. This Act also regulates the functioning of guesthouses, hotels, and travel agencies.
The Hotel and Restaurant Licensing Regulations
It regulates and ensures licensing and adherence to quality standards in hotels and restaurants.
The Consumer Protection Act
It was implemented to uphold the rights of the consumers, including tourists, and address any grievances submitted by the visitors.
Limitations of the Act
Although the Sarai Act was a step forward in regulating the hospitality industry during its time, it had several limitations. The Sarai Act of 1867 primarily focused on sarais and inns, leaving out various other forms of accommodations that emerged over time. Not many changes were made to make the Act up to date with the evolving hospitality industry.
Enforcement of the Act’s provisions by the concerned authority was often weak and ill-managed. This led to widespread non-compliance and substandard accommodations.
Conclusion
The Sarais Act of 1867 holds historical significance as one of India’s earliest attempts to regulate the hospitality industry. Although pioneering for its time, the Act subsequently became outdated. The evolution of the hospitality industry and the emergence of new challenges necessitated contemporary and comprehensive legislation. Today, India’s hospitality industry operates under modern laws, striving to provide better services, comfort, and safety for travellers and tourists.
As India’s hospitality sector evolves and becomes a key component of India’s economic growth, the need for an updated and comprehensive legal framework becomes increasingly evident. The support for the repeal of the Sarais Act is a testament to the nation’s commitment to progress and adaptability in shaping a robust hospitality sector for the future.
FAQs on the Sarais Act
When was the Sarais Act implemented?
The Sarais Act was passed in 1867 when India was under British colonial rule.
What purpose does the Act serve?
The primary objective of the Sarais Act of 1867 was to regulate and maintain standards in inns, lodgings, and rest houses (sarais) to improve the travelling experience for people in colonial India.
Why was the Sarai Act criticised?
The Sarais Act faced calls for repeal and criticism due to its outdated provisions, redundancy, and limited scope in addressing the contemporary needs of the hospitality industry.
What are some current legislations governing the hospitality sector in India?
Modern legislation ruling the hospitality industry include the Hotel and Restaurant Licensing Regulations, Tourism Act, and the Consumer Protection Act.
