Case Note & Summary
The petitioners, Yogesh Panditrao Khaire and others, are running a hotel named 'Hotel Saheba' in Nashik. They obtained a licence under the Bombay Shops and Establishments Act, 1948 (Act of 1948) and a certificate of registration as an eating house under the Bombay Police Act, 1951 (Act of 1951). The certificate under the Act of 1951 permitted the eating house to remain open only between 5.00 A.M. and 11.00 P.M. However, the Government of Maharashtra issued a notification dated 5th March, 2011 under the Act of 1948 allowing hotels to remain open till 3.00 A.M. The petitioners received notices dated 25th July, 2011 and 7th September, 2011 from police authorities directing them to comply with the timings under the Act of 1951. The petitioners challenged these notices and also sought to quash Rule 9 of the Commissioner of Police, Nashik's notification dated 18th July, 1991, which restricted eating house timings. The court held that the Act of 1948 and the Act of 1951 operate in different fields. The Act of 1948 regulates conditions of employment in shops and establishments, while the Act of 1951 is for maintenance of public order and safety. The Government notification under the Act of 1948 does not override the restrictions imposed under the Act of 1951. The Commissioner of Police has the power under Section 33 of the Act of 1951 to regulate eating houses, and Rule 9 of the 1991 notification is valid. The court dismissed the petition, upholding the police notices and the validity of Rule 9.
Headnote
A) Bombay Police Act - Eating House Regulation - Section 33, Bombay Police Act, 1951 - The Commissioner of Police has power to regulate eating houses for public order and safety. Rule 9 of the notification dated 18th July, 1991 restricting timings of eating houses from 5.00 A.M. to 11.00 P.M. is valid and not ultra vires. (Paras 7-10) B) Bombay Shops and Establishments Act - Overriding Effect - Section 2(2), Bombay Shops and Establishments Act, 1948 - The Government Notification dated 5th March, 2011 under the Shops Act permitting hotels to remain open till 3.00 A.M. does not override the restrictions under the Bombay Police Act, 1951. The two Acts operate in different fields. (Paras 11-14) C) Writ Jurisdiction - Quashing of Notices - Article 226, Constitution of India - The notices issued by police authorities directing the petitioners to comply with the timings under the Police Act are valid and not liable to be quashed. The petitioners cannot claim a right to keep their hotel open beyond 11.00 P.M. based on the Shops Act notification. (Paras 15-18)
Issue of Consideration
Whether the Government Notification dated 5th March, 2011 under the Bombay Shops and Establishments Act, 1948 permitting hotels to remain open till 3.00 A.M. overrides the restrictions imposed under the Bombay Police Act, 1951 and the Commissioner's notification dated 18th July, 1991 limiting eating house timings to 5.00 A.M. to 11.00 P.M.
Final Decision
The court dismissed the petition, upholding the validity of the police notices and Rule 9 of the Commissioner's notification. The court held that the Government Notification under the Shops Act does not override the restrictions under the Police Act.
Law Points
- Bombay Shops and Establishments Act
- 1948 regulates shop timings for employees
- Bombay Police Act
- 1951 regulates eating houses for public order
- Government notification under Shops Act cannot override Police Act restrictions
- Rule 9 of Commissioner's notification valid
