Other Important Laws

NO SMOKING LAW

Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

           

Prohibition of smoking in a public place

The owner or the manager or in charge of the affairs of a public place in hotels and restaurant- shall display prominently a board, of a minimum size of 60 cm by 30 cm in the Indian languages(s)

At least one should be at the entrance of the public place and one at noticeable place(s) inside, containing the warning “No Smoking Area-Smoking here is an offence “.

Prohibition in the hotel

The owner or the manager or in charge of the affair of a hotel having thirty rooms or restaurants having seating capacity of thirty persons or more shall ensure that,

The smoking and non-smoking areas are physically segregated.

The smoking area shall be located in such manner that the public is not required to pass through it in order to reach the non-smoking area.

Each area shall contain boards indicating thereon “Smoking Area/Non-Smoking area”.

 Prohibition of advertisement of cigarette and other tobacco products

The size of the board used for advertisement for cigarettes and any other tobacco products

Should be displayed at the entrance or inside a hotel where cigarettes and any other such tobacco products are offered for distribution or sale

The display shall not exceed 90 cm by 60 cm and number of such boards shall not exceed two.

Each such board shall contain in the Indian language as applicable, one of the following warning, namely: -

Tobacco Causes Cancer, or

Tobacco Kills

The board shall contain only the brand name or picture of the tobacco products and no other promotional message and picture

Prohibition of sale to minors

The owner or the manager or the In charge of the hotel or restaurants where cigarettes and other tobacco products are sold

 shall display a board of minimum size of 60cm by 30cm at noticeable place(s)

containing the warning “Sales of tobacco products to a person under the age of eighteen years is a punishable offence”, in Indian language(s) applicable.

Credit Card law in India

a)     Hotel should check the credit limits from the guest.

b)    Date of Expiry.

c)     Card should be from banks approved by RBI.

d)    Card no. should not appear in the hot bulletin of the bank.

e)     Amount payable should not cross the credit limit of the hotel or bank.

f)     The signature of the card holder must tally with credit card signature.

g)    If the credit limit crosses then authorization should be taken from the bank.

h)     Authorization number should be mentioned on the credit card charge slip with date.

i)      The name of the hotel and a/c no in bank of hotel must be clear.

Restriction on playing music in the public area or guest room

·         The permission for playing loud music in public area or in rooms of the hotel which disturbs the guest is not allowed.

·         Music should be within 124 decibel.

·         Special permission is to be taken under law for playing music in loud speakers in residential area post 10 p.m.

NOISE POLLUTION- Environment (Protection) Act, 1986 (29 of 1986)

Definitions-

(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);

(b) “Area / zone” means all areas which fall in any of the four categories given in the Schedule annexed to these rules;

(c) “authority” means and includes any authority or officer authorized by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer not below the rank of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;

(d) “court” means a governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice and includes any court of law presided over by a judge, judges or a magistrate and acting as a tribunal in civil, taxation and criminal cases;

(e) “educational institution” means a school, seminary, college, university, professional academies, training institutes or other educational establishment, not necessarily a chartered institution and includes not only buildings, but also all grounds necessary for the accomplishment of the full scope of educational instruction, including those things essential to mental, moral and physical development;

(f) “hospital” means an institution for the reception and care of sick, wounded, infirm or aged persons, and includes government or private hospitals, nursing homes and clinics;

(g) “person” shall include any company or association or body of individuals, whether incorporated or not;

(h) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution.

(i) “public place” means any place to which the public have access, whether as of right or not, and includes auditorium, hotels, public waiting rooms, convention centres, public offices, shopping malls, cinema halls, educational institutions, libraries, open grounds and the like which are visited by general public; and

(j) “Night time” means the period between 10.00 p.m. and 6.00 a.m.

Catering Contract

Guest Count:

An initial guest count will be given at time of booking. A final guest count is required prior to the date of the event. Any pricing consideration given based on your initial guest count may be adjusted at the discretion of hotel; restaurant and catering companies. Catering should the increase/decrease of the final guest demand.

Date &Reservation Fee/Deposit:

There is a date & reservation fee of the total anticipated contract price. The date of your event is secured when this fee has been paid and should not be considered to be booked until that time. This fee is based on the final guest count provided by you at the time of event booking. This fee will be deducted from the final bill.

Deposit Guarantees & Cancellations:

A percentage of reservation fees held for the event that would be returned to you in case of cancellation.

Final Bill Presentation and Payment:

Final bill less reservation fee will be presented to you after your final guest count has been received. This bill is considered final unless changes in service expectations, menu or guest count occurs after that presentation. Any changes agreed upon by hotel; restaurant and catering companies and it’s customer after the final bill has been presented will be added and a new final invoice will be presented.

Enforcement of gender equality and guarantee against sexual harassment

In the absence of an enacted law to provide for the effective enforcement of gender equality and guarantee against sexual harassment, the Supreme Court of India (in the matter of Vishaka & others vs. State of Rajasthan) laid down certain guidelines and norms for due observance at all work places whether public or private sector and these guidelines are treated as the law declared by the Supreme Court under Article 141 of the Constitution of India ("Guidelines") and enforceable in law until suitable legislation is enacted by the Indian Parliament.

Some of the important norms prescribed under the Guidelines are:

Preventive Steps and Awareness:

All employers or persons in charge of work place whether in the public or private sector are required to take appropriate steps to prevent sexual harassment in the organization and undertake the following steps:

There should be an express prohibition of sexual harassment at the work place and this prohibition should be notified, published and circulated in appropriate ways so that awareness of the rights of female employees is created in the Company. For instance, company can incorporate the policy related to sexual harassment in its Employee Handbook/Manual and make it available to each of its employee on her/his joining the services of the company. For the employees who are already working with the company, the management may circulate the revised and amended Employee Handbook (containing the policy against sexual harassment) or alternatively make it available online on intranet. It is advisable to seek acknowledgement receipt of the Handbook from the employees. If the management has concerns related to publishing the policy on prominent places on notice boards of the Company, inclusion of the policy in the Employee Handbook and circulation of this Handbook to each of the employees should be undertaken.

Appropriate work conditions are provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee women have reasonable grounds to believe that she is disadvantaged in connection with her employment.

Appropriate disciplinary action should be initiated by the Company in the event of misconduct.

Complaints Committee:

An appropriate complaint mechanism would need to be created for the redress of the compliant made by the concerned employee. The complaint mechanism would need to be adequate to provide, where necessary, a Complaints Committee, a special counselor or other support service.

The Complaints Committee would need to be headed by a woman and not less than half of its members would need to be women. Further, to prevent the possibility of any undue pressure or influence from the senior levels, such Complaints Committee would need to involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.

The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.

Employee's Initiative:

Employees should be allowed to raise issues related to sexual harassment at employee meetings and at other appropriate forums and it should be affirmatively discussed in employer-employee meetings.

In view of the aforesaid Guidelines, the Company would need to observe the aforesaid norms and circulate the guidelines against sexual harassment, may be as part of its Employee Handbook and ensure compliance of the guidelines laid down under the matter of Vishaka & others Vs  State of Rajasthan by the Supreme Court of India.