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Sarvesh Kumar Sharma Advocate (Advocacy)     24 August 2009

meaning

a hotel mantion signbord note-

RIGHTS OF ADDMISSION RESERVED

what is d meaning ?

owner of hotel or those who are comming in d hotel.

whome rights are reserved?

 



Learning

 8 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 August 2009

"Right of Admission Reserved", means constitutiional "discrimination" and a perfect case under the CPA, under the IPC,  under the BMC acts and a host of other Acts.

Keep Smiling .... hemant

Y V Vishweshwar Rao (Advocate )     24 August 2009

A Hotel is a private Business Place of the Proprietor - He allows the Customers of his  Hotel and he reserves the right admission  with him - entry of Customers subject to rights of Hotel Owners - subject to Rigth of Admission Reserved - with Hotel managment !

Arun Krishnan (Student)     24 August 2009

Right Of Admission Reserved(ROAR), is usually used on tickets, posters and flyers to show that the event organiser has the final say on who is admitted, regardless of whether or not you have a ticket and ID (far less often MRRA is used instead, meaning "Management Reserve Right of Admission")

And here  this means they reserve the right to deny you entrance to the hotel

2 Like

Anjali (Student)     26 October 2009

what kind of arguements e presented from the Restaurant or Hotel's side to justify thier "Right to Admission Resered"? if someone could give me the name of any judgment in this regard it would be great...plz help...i have a hearing in 2 days...
 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 October 2009

1. A hotel or Restaurant requires a permit to operate from the Civic authorities and a host of other authorities (S&E, Fire Dept., Pollution Dept., Police dept., Hygenie dept.,Food dept, ESIC, PF,  , etc...).   These  permits are given for the safety of the patrons (customers = public) who visit the Hotel or Restaurant.The above licences or permits ARE NOT  issued, if the owner declares that  "Right of Admission" is reserved by the owner for the general Public.

 

FOR proper justificafions, the owner may restrict the Right of Admission to certain categories of people or customers in the following event/s :
 

a)  if the customer is a nusiance under the influence of alcohol, drug or lunatic
b)  if the customer is naked (though simple dress code is allowed)
c)  if the customer is below 18 years of age, that too in a resturant / hotel who has been given a permit for serving alcohol or drugs or whatever.
d)  if the customer is fighting or distrubing or causing annoyance to other customers
e)  If the customer/s indulge in prostitution, gayism, gambling etc...
f)  ...etc...

 

NOTE :  IF the owner does not use his above "Right of Admission", then another customer can sue the Hotel / Restaurant for  "deliberate negligence with criminal abetment" and for  "defiency in service" besides for "damages" to untold extents.

 

There is no such system of  taking a Ticket or a Pass or a Permit to enter a Hotel or Restaurant in India, and the entry is "COMPULSORILY FREE", under the above mentioned acts.

 

HOPE the above clarity of  "Right of Admission" is introspected for legal purposes.

 

2.  Smoking,  Drinking, Dancing & Prostitution etc...  is banned in certain types of Hotels & Restaurants and even in private clubs and associations.  A special permit with conditions are issued for the above functioning, depending.    Children / Females etc... may be barred using the "Right of Admission" to such category Hotels ./ restaurants.

 

3.  Hotels or Restaurant, even though privately owned,  "WHEN OPENED"  for business (or say  customer service)  is strictly a deemed  "PUBLIC PLACE".
The Hotel or Restaurant is not meant to service the Owner, his own staff or his private clientale,  which is possible in a  "private Club"  or a Association, where "Right of Admission" is reserved & restricted  "FOR ONLY MEMBERS"
Please check up defination for  "deemed" and  "public place" and "public" in IPC, Pollution Act, CPA Act, district civic acts etc...

 

.4.  There is no defination of  the word  "Public"   or   "Customer" in   Indian Laws.  Anybody (seth, beggar, foreigner, public servant on duty or otherwise, diseased person etc... ) have a right to enter the Restaurant and Hotel  "WHEN OPENED" for business during business timings as granted by the licensing authorities.

 

5.  Any outward incident taking place in a licensed  "Hotel or Restaurant", is a business hazard and a "negligence" and  "deficiency in service" towards his customers (public).  Whereas his own staff etc... are not covered under the CPA Act for  "deficiency".
A non-customer or general public from Assam can file a suo-moto application against the several violations of various laws and permits (as described above in no. 01) with the Courts for mandatory compliance of statutory laws.

 

6.  The pollution board and the civic authorities has classified all Hotels and Restaurants as public places, in context for Smoking, Pollution, Safety etc ...

 

7.  PLEASE do not say that the Hotel & Restaurant owner reserves the right to entrance, for  on-duty Public Servants from the following : S&E, Fire Dept., Pollution Dept., Police dept., Food dept ,  etc...

 

8.  PLEASE further do not say that the Schools, Hospitals, Parks etc... have the right to deny "ENTRY" permission to the general public.  It would start a GHETTO system, banned under the provisions of our Constitution.

 

9.  PLEASE further do not say that the Hotels or Restaurant reserve the right to serve you half cooked food, adulterated water, Snake or Frog soup, deep Fried insects, which is served to you by a  wound-open Leprosy patient,  compulsorily when you maide to sit down cross-legged on the dirty floor.

 

10.  You would be further surprised to note that  a Muslim follower has a right to go to a Hindu temple and offering prayings and vice-versa in any place of worship, barring "idiotic"  and "hallucinated" religious sentiments.  All religious places in India,  "DO NOT"   require  "ANY"  of permit to open and function and presently no "Laws or Regulations" have been framed by the legislature, for the same.

 

As far as judgements on the issue are concerned, there are several judgements under the CPA Act and other Acts, which just needs to be searched around for, if time permits for the searcher.

 

This post is given without any Rights of  (Admission, Posting, Writing or Reading or Modifying or whatsoever) .....  heeee... heee... heee...heeee

 

Keep Smiling .... Hemant Agarwal
 

Anjali (Student)     27 October 2009

 i have a problem at hand where d restaurant dint allow d maid of the customers to enter d restaurant pointing towards their "right of admission reserved" Board....i have to fight from the restaurants' side...now tell me...

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 October 2009

A proper re-reading and introspecting my explaination as above will help you in your question, which is answered in detail in the post itself.

Keep Smiling .... Hemant Agarwal

 

 

 

Sudhir Kumar, Advocate (Advocate)     08 August 2014

A hotel or restaurant can deny entry to customer or his maid or anyone as elaborated by Mr Hemant Aggarwal.

 

However, notwithstanding any of above views,  if they refuse entry on cast ground then they are punishable under Untouchability Act.


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