Law:

Section:

Pakistan Hotels and Restaurants Act (LXXXI of 1976)-------Ss. 2, 5 and 22---Non-registration of restaurants or tea shops---Penalty imposed upon owners of such restaurants for non-registration---Validity--Every hotel or restaurant in order to be made liable for registration must fall within purview of definition of hotel or restaurant---Authority while determining whether-any particular restaurant or hotel conforms to the, requirements of definition of hotel or restaurant must provide opportunity of hearing to owners thereof---Order imposing penalty against said persons for contravening provisions of the act must be a speaking order stating reasons for taking of such action---Imposition of penalty upon owners for non-registration of their restaurants without hearing their view-point and without recording an, reasons was not warranted under law--=Cases were remanded to Authority for taking fresh action against owners of restaurants after giving them opportunity of hearing and then determining whether restaurants or tea shops owned by them required registration in terms of S. 5, Pakistan Hotels and Restaurants Act, 1976 and thereafter, take the necessary action. JUDGMENT MAMOON KAZI, J: --By this common judgment we propose to dispose of Constitutional Petitions Nos. D-75/86, D-77/86, D-78/86, D­1125/86, D-1330/86, D-1331/86, D-1332/86, D-1333/86 and D-897/89 as common questions of law are involved therein. 2. The petitioners, who are owners of restaurants or tea shops etc., are aggrieved by the action taken by the respondents under section 5 of the Pakistan Hotels and Restaurants Act, 1976 (Act LXXXI of 1976) read with section 22 of the said Act. It may be pointed out that the said Act which cam. into force in 1976 provides for measures for controlling and regulating the standard of service and amenities for tourists in hotels and restaurants and a . matters ancillary thereto or connected therewith. Section 5 of the said Act provides as follows:-- "5. Registration of hotels and restaurants.--(1) The owner of every hotel and retaurant: shall, within a period of two months from the commencement of this Act, or from the opening of the hotel or restaurant, or from the…

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