The Karnataka High Court recently established a comprehensive set of guidelines for the regulation, inspection, and safety of paying guest (PG) accommodations in Bengaluru. These directives aim to ensure adherence to statutory requirements while safeguarding the rights and safety of occupants. Justice Suraj Govindraj delivered the ruling on September 10, addressing concerns over the regulation of these establishments.
Protocol for Compliance and Safety
The court has mandated that authorities submit a consolidated protocol within six weeks. This protocol should detail applicable requirements, enforcement responsibilities, inspection methodologies, and penalties for non-compliance. During the hearing, representatives from the Bruhat Bengaluru Mahanagara Palike (BBMP) and the Greater Bangalore Authority (GBA) reported that notices had been issued to 68 PG accommodations in Bengaluru North. Furthermore, it was revealed that out of the approximately 5,000 accommodations in Bengaluru East, nearly 2,500 operate without proper licenses, sanctioned plans, or adequate fire safety measures.
Licensing and Identification
The court directed that local authorities identify all premises functioning as PG accommodations, including those operating without valid licenses or in buildings not approved for such use. The inspection should focus on the actual activities rather than the names used by operators.
Compliance with Building and Land-Use Norms
Authorities are tasked with ensuring that PG premises comply with sanctioned building plans, permitted land use, zoning requirements, and structural safety norms. The existence of a trade license does not legitimize unauthorized construction, the court clarified.
Occupancy and Overcrowding
To combat overcrowding, guidelines require verification of sanctioned capacity, room and bed numbers, actual occupancy, and the area available per occupant. The Bengaluru PG licensing framework specifies a minimum area of 70 square feet per occupant, and authorities must verify compliance with this standard.
Fire and Electrical Safety Prioritized
Fire safety is to be treated as a critical life-safety requirement, with inspections covering fire clearances, extinguishers, smoke detectors, emergency lighting, and evacuation routes. Electrical safety inspections are also mandated, focusing on panels, circuit protection, and other potential hazards. Immediate risks necessitate prompt legal action.
CCTV Functionality
The court emphasized that CCTV systems must be fully operational, extending beyond mere installation. Inspections must ensure adequate camera coverage, recording accuracy, and storage capacity. CCTV should not invade privacy in sensitive areas like bedrooms and bathrooms. Tampering with footage is sanctioned under the law.
Protection for Vulnerable Occupants
PG operators must implement security measures proportionate to their accommodations’ nature and occupancy, especially where women and vulnerable individuals reside. This includes controlled entry, visitor verification, and emergency communication systems. The court highlighted that complaints of harassment or violence must be legally addressed and not suppressed by operators.
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Operational Responsibility
The court clarified the distinct responsibilities of owners, lessees, and operators. Operators are accountable for day-to-day compliance with safety and occupancy regulations, while ownership does not automatically translate to liability for operational violations.
Submission of Consolidated Protocol
The court instructed competent authorities to submit a consolidated protocol detailing legal requirements, enforcement responsibilities, and inspection strategies. Uniform and non-discriminatory enforcement is emphasized, stressing that lawful PG accommodations are not inherently undesirable but must comply with statutory frameworks.
Coordinated Efforts Among Authorities
Various authorities, including the Greater Bengaluru Authority, Fire Department, Health Department, and others, have been directed to collaborate in implementing these guidelines. The court will revisit this matter on September 28 to assess compliance and further actions.
