The document discusses regulations around operating spas and health clubs in India according to the Arms Act. Key points include: - There is no national law regulating spas and health clubs, but local municipalities may impose some rules. - To open a spa or health club legally in India, several documents are required including business registration, police approval, compliance with safety acts, and licenses from authorities like FSSAI that regulate food and hygiene. - The Arms Act also regulates the acquisition, possession, manufacture, sale and transport of arms and ammunition in India through a licensing system. It contains penalties for various offenses.

2. SPA AND HEALTH CLUB LICENSES
• THERE IS NO NATIONAL LAW FOR REGULATING SPA AND HEALTH CLUBS. HOWEVER LOCAL BODIES SUCH AS
MUNCIPAL CORPORATIONS, MUNCIPALITIIES MAY IMPOSE CERTAIN RULES FOR OPENING SPA OR HEALTH
CLUBS
• CURRENTLY, THERE IS HARDLY ANY REGULATION OF THIS INDUSTRY IN INDIA. BUT LIKE ANY BUSINESS,
YOU’LL NEED TO HAVE A FEW LEGAL DOCUMENTS BEFORE YOU’RE OPEN FOR BUSINESS. THESE ARE
• FOLLOWING DOCUMENTS THAT ARE REQUIRED TO START SPA OR HEALTH CLUB BUSINESS IN INDIA.
 BUSINESS REGISTRATION
IT IS COMPULSORY TO OBTAIN BUSINESS REGISTRATION BASED ON SCALE OF BUSINESS. OWNER CAN
REGISTER PRIVATE LIMITED COMPANY WITH ROC OR CAN REGISTER PARTNERSHIP/LIMITED LIABILITY
PARTNERSHIP WITH REGISTRAR OF FIRMS. OWNER MUST OBTAIN REGISTRATAION CERTIFICATE BEFORE
COMMENCING BUSINESS

3. SSI REGISTRATION
You need to register your SPA OR HEALTH CLUB as a small-scale industry at your nearest Taluka level.
 POLICE DEPARTMENT’S APPROVAL:
For a spa or health club to operate in a specific area, the local police force must sign a consent document. Fitness
clubs must now obtain a license to operate, which can be done online and in person at the police department.The
process for obtaining a police department clearance is subject to the rules that are specific to each state. Each state
has a different process for obtaining Police Department Clearance.[i]
COMPLIANCE WITH THE OCCUPATIONAL SAFETY AND HEALTH ACT
GST REGISTRATION

4. FSSAI
• Food Safety and Standards Authority of India (FSSAI) is an autonomous statutory body established under the
Food Safety and Standards Act, 2006 (FSS Act)
• Ministry of Health & Family Welfare, Government of India is the administrative Ministry of FSSAI.
• The FSSAI has been established under the Food Safety and Standards Act,
2006 (FSS Act) which is a consolidating statute related to food safety and regulation
in India. It ensures the food products undergo quality checks thereby curtailing the
food adulteration and sale of sub-standard products. It is responsible for the
registering and licensing of the Food Business Operators (FBO) in India and it lays
down the rules and regulations for running the food business in India.

5. • What are the Functions of FSSAI?
Framing of regulations to lay down the standards and guidelines of food safety.
Granting FSSAI food safety license and certification for food businesses.
Laying down procedure and guidelines for laboratories in food businesses.
To provide suggestions to the government in framing the policies.
To collect data regarding contaminants in foods products, identification of emerging risks and
introduction of rapid alert system.
Creating an information network across the country about food safety.
Promote general awareness about food safety and food standards.

6. • The Food Safety and Standard Authority of India has issued a regulation according to which every food
business operator in all of the cities across India need to have an FSSAI license to ensure food safety. It is to
enforce and maintain the hygiene standards at the hotels and other food outlets. It is imperative for the food
business operators to obtain the FSSAI registration and abide by the rules as defined. To acquire a food
business operator license, all the restaurants, hotels, cafes, bars, office and schools cafeterias etc. need to
comply with stringent guidelines and maintain specific hygiene practice. The food business operators can
obtain the registration and license through the FSSAI website.
• Every food business operator involved in the manufacturing, processing, storage distribution and sale of food
products must compulsorily obtain FSSAI Registration or License.
• FSSAI Registration is different f depending on the size and nature of the business, FBO should obtain the
necessary registration or license.

7. • Central FSSAI License Registration
Businesses having annual turnover above 20 crore can apply for FSSAI central license. Eligible food Business
Operators like Importers, Manufacturers, operators in central government, Railways, airports, seaports, etc. need to
take a Central FSSAI license from Food Standards and Safety Authority of India. The license can be applied for a
tenure of a minimum of 1 year to a maximum of 5 years.
• Basic FSSAI Registration
Small businesses or startups having annual turnover below Rs.12 lakhs can apply for basic FSSAI Food safety
registration. As operations scale up and turnover reaches Rs. 12 lakh bar, the basic registration will need to be
upgraded to state license.
• State FSSAI License Registration
Businesses having annual turnover between Rs.12 lakhs to 20 crore can apply for FSSAI state license. Food
business operators like small to medium-sized manufacturers, storage units, Transporters, Retailers, Restaurants
Marketers, distributors etc. are however required to obtain the FSSAI State License Registration. The license can
be obtained for a tenure ranging for a minimum of 1 year to a maximum of 5 years.
TYPES OF FSSAI REGISTRATION

8. FSSAI Guidelines for Restaurants & Eateries
• Personal Hygiene of Employees
Employees (s) should not handle food when they are ill.
Employee(s) should not scratch his skin or prick his nose and pimples.
Employee(s) should not have long nails and no nail enamels applied to them.
Employee(s) should not wear dirty clothes and should not wear accessories while handling food.
In addition to this, a worker, before he enters a kitchen, should wear an apron, gloves, and headcover. Finally, workers
should wash their hands before work and wear clean and covered clothes.
• Food Premises and Facilities
The walls and ceilings in the food preparation area should be clean, and the walls should be smooth, light-colored,
non-absorbent, and should be easy to clean. The walls should be painted neatly and adequately, and there should be
no paint flaking. The windows in these rooms should be covered with wire mesh and shatterproof glasses. The doors
should have tight air filters or curtains so that dust particles do not enter the room. The ceiling should be kept clean
with no wires or electrical fittings hanging. Proper handwashing areas should be provided along with covered
garbage bins in the food preparation area so that the food does not get infected by the germs. Spraying of
insecticides during food preparation should be strictly prohibited from these premises.

9. • Handling of Food
The receiving area should be kept clean and sanitized. The food should be received in clean containers. There
should be separate containers for vegetarian and non-vegetarian foods and cooked and uncooked foods. There
are specific instructions to be followed in the food storage place to handle the foods correctly. The site should be
cleaned frequently, and it should be well-lit.
• Food Serving Area
Food should be served with the appropriate equipment, and touching food with bare hands should be avoided. If
food is maintained at room temperature, it should be consumed within 4 hours. Hot food that is served should be
stored above 60-degree Celsius, and cold food should be kept below 5 degrees Celsius.
Cleanliness and Sanitation
The kitchen floor should be smooth and cleaned every day so that it helps in avoiding contamination of food. The
plates should be scraped and rinsed to remove loose food and detergent should be used to remove the stuck
food. Proper drainage amenities would help in the prevention of contaminated water and steps should be taken to
to see that there are no drainage problems in and around the area. It is recommended to have separate dustbins
for both food wastes and non-food wastes so that the food wastes can be sent for biodegrading and the non-
food wastes can be sent for recycling. The dustbins should not be overfilled and should be cleaned and disposed
of regularly.

10. ARMS ACT
Section 24B. Prohibition as to carrying of notified arms in or through public places in disturbed areas,
etc.―
(1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tranquility or
imminent danger of such disturbance in any area and that for the prevention of offences involving the use of
arms in such area it is necessary or expedient so to do, it may, by notification in the Official Gazette,―
(a) specify the limits of such area;
(b) direct that during the period specified in the notification no person shall carry or otherwise have in his
possession any arms of such description as may be specified in the notification through or in any public place in
such area;

11. (c) authorise any such officer subordinate to the Central Government or a State Government as may be specified in
the notification,― (POLICE)
(i) to search at any time during the period specified in the notification any person in, or passing through, or any
premises in or forming part of, or any animal or vessel or vehicle or other conveyance of whatever nature in or
passing through, or any receptacle or other container of whatever nature in, any public place in such area if
such officer has reason to believe that any notified arms are secreted by such person or in such premises or on
such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container;
(ii) to seize at any time during the period specified in the notification any notified arms being carried by or
otherwise in the possession of any person, through or in a public place in such area or discovered through a
search under sub-clause (i), and detain the same during the period specified in the notification.
(2) The period specified in a notification issued under sub-section (1) in respect of any area shall not, in the first
instance, exceed ninety days, but the Central Government may amend such notification to extend such period from
time to time by any period not exceeding ninety days at any one time if, in the opinion of that Government, there
continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or
imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is
necessary or expedient so to do.

12. SECTION 27. Punishment for using arms, etc.―
(1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for
a term which shall not be less than three years but which may extend to seven years and shall also be liable to
fine. ( 3 -7 YEARS)
(2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable
with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment
for life and shall also be liable to fine.
(3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7
and such use or act results in the death of any other person, 2 [shall be punishable with imprisonment for life, or
death and shall also be liable to fine.]
SECTION 5. Licence for manufacture, sale, etc., of arms and ammunition.―
SECTION 7. Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or
prohibited ammunition.―

13. SECTION 28. Punishment for use and possession of firearms or imitation firearms in certain cases.―
Whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm with intent to resist or
prevent the lawful arrest or detention of himself or any other person shall be punishable with imprisonment for a
term which may extend to seven years [and with fine].
SECTION 32. Power to confiscate.―
(1) When any person is convicted under this Act of any offence committed by him in respect of any arms or
ammunition, it shall be in the discretion of the convicting court further to direct that the whole or any portion
of such arms or ammunition, and any vessel, vehicle or other means of conveyance and any receptacle or thing
containing, or used to conceal, the arms or ammunition shall be confiscated:
(2) An order of confiscation may also be made by the appellate court or by the High Court when exercising its
powers of revision.

14. 37. Arrest and searches.―
(a) all arrests and searches made under this Act or under any rules made thereunder shall be carried out in
accordance with the provisions of the 1 [Code of Criminal Procedure, 1973 (2 of 1974)], relating respectively to
arrests and searches made under that Code;
(b) any person arrested and any arms or ammunition seized under this Act by a person not being a magistrate or
a police officer shall be delivered without delay to the officer in charge of the nearest police station and that
officer shall— (i) either release that person on his executing a bond with or without sureties to appear before a
magistrate and keep the things seized in his custody till the appearance of that person before the magistrate, or
(ii) should that person fail to execute the bond and to furnish, if so required, sufficient sureties, produce that
person and those things without delay before the magistrate

15. SECTION 41. Power to exempt.―
Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it
may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the
notification,―
(a) [exempt any person or class of persons (either generally or in relation to such description of arms and
ammunition as may be specified in the notification)], or exclude any description of arms or ammunition, or
withdraw any part of India, from the operation of all or any of the provisions of this Act; and
(b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of
persons or the description of arms and ammunition or the part of India to the operation of such provisions.

16. ARMS ACT SIMPLIFIED MANNER
• ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND TRANSPORT OF
ARMS AND AMMUNITION IS REGULATED BY ARMS ACT 1959.
• LICENSE ARE GRANTED BY CENTRAL GOVERNMENT FOR ACQUISITION, POSSESSION, MANUFACTURE, SALE,
IMPORT, EXPORT AND TRANSPORT OF ARMS AND AMMUNITION.
• CENTRAL GOVERNMENT MAY IN CASE OF EXTENSIVE DISTURBANCE OF PUBLIC PEACE AND TRANQUILLITY
OR IMMINENT DANGER OF DECLARE ANY AREA TO BE REGULATED AREA. (EX- KASHMIR)
• OFFICERS OF CENTRAL GOVT OR STATE GOVT (EX- POLICE) HAS POWER
TO CONDUCT SEARCH OF ANY PERSON, PROPERTY, VEHICLE ETC UNDER SUCH REGULATED AREA.
TO SEIZE ANY ARMS IN CASE OF RECOVERY OF ARMS.
TO ARREST PERSON COMMITING OFFENCE UNDER ARMS ACT.
• FOR CONTRAVENTION OF THE ARMS ACT, ACCUSED PERSON WILL BE CONVICTED FOR IMPRIOSNMENT AND
FINES. IMPRISONMENT ARE DIFFERENT FOR DIFFERENT OFFENCES ACCORDING TO THE SEVERITY AND
SERIOUSNESS OF THE OFFENCE.

17. SECTION 15. Punishment for contravention in relation to poppy straw.—
Whoever, in contravention of any provisions of this Act or any rule or order made or condition of a licence granted
thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits
omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be
punishable,—
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to
2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with
rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh
rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less
than one lakh rupees but which may extend to two lakh rupees: 16
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
NDPS ACT
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985

18. SECTION 17. Punishment for contravention in relation to prepared opium.—
Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted
thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses
uses prepared opium shall be punishable,—
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to
1[one year], or with fine which may extend to ten thousand rupees, or with both; or
(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with
rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh
rupees; or
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less
than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

19. SECTION 30. PREPARATION.—
If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any
of the provisions of 1[sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug
or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was
determined to carry out his intention to commit the offence but had been prevented by circumstances
independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than
one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment
with which he would have been punishable in the event of his having committed such offence, and also with fine
which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been
punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily
(that is to say in the absence of special reasons) been punishable, in the event aforesaid:

20. SECTION 41. Power to issue warrant and authorisation.—
(l) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially
empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has
reason to believe to have committed any offence punishable under this Act, or for the search, whether by day or by
night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic
substance or controlled substance in respect of which an offence punishable under this Act has been committed or
any document or other article which may furnish evidence of the commission of such offence or any illegally
acquired property or any document or other article which may furnish evidence of holding any illegally acquired
property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed:

21. (2) Any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence
or any other department of the Central Government including the para-military forces or the armed forces as is
empowered in this behalf by general or special order by the Central Government, or any such officer of the revenue,
drugs control, excise, police or any other department of a State Government as is empowered in this behalf by
general or special order of the State Government if he has reason to believe from personal knowledge or
information given by any person and taken in writing that any person has committed an offence punishable under
this Act or that any narcotic drug or psychotropic substance or controlled substance in respect of which any offence
under this Act has been committed or any document or other article which may furnish evidence of the commission
of such offence or any illegally acquired property or any document or other article which may furnish evidence of
holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this
Act is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him but
superior in rank to a peon, sepoy or a constable to arrest such a person or search a building, conveyance or place
whether by day or by night or himself arrest such a person or search a building, conveyance or place.
(3) The officer to whom a warrant under sub-section (1) is addressed and the officer who authorised the arrest or
search or the officer who is so authorised under sub-section (2) shall have all the powers of an officer acting under
section 42.

22. SECTION 42. Power of entry, search, seizure and arrest without warrant or authorisation.—
(l) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central
excise, narcotics, customs, revenue intellegence or any other department of the Central Government including para-
military forces or armed forces as is empowered in this behalf by general or special order by the Central
Government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue,
drugs control, excise, police or any other department of a State Government as is empowered in this behalf by
general or special order of the State Government, if he has reason to believe from personal knowledge or
information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, or
controlled substance in respect of which an offence punishable under this Act has been committed or any document
or other article which may furnish evidence of the commission of such offence or any illegally acquired property or
any document or other article which may furnish evidence of holding any illegally acquired property which is liable
for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyance or
enclosed place, may between sunrise and sunset,—
(a) enter into and search any such building, conveyance or place;
(b) in case of resistance, break open any door and remove any obstacle to such entry;

23. (c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any
animal or conveyance which he has reason to believe to be liable to confiscation under this Act and any document
or other article which he has reason to believe may furnish evidence of the commission of any offence punishable
under this Act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing
or forfeiture under Chapter VA of this Act; and
(d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed
any offence punishable under this Act:
1[Provided that in respect of holder of a licence for manufacture of manufactured drugs or psychotropic
substances or controlled substances granted under this Act or any rule or order made thereunder, such power shall
be exercised by an officer not below the rank of sub-inspector:
Provided further that] if such officer has reason to believe that a search warrant or authorisation cannot be
obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender,
he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after
recording the grounds of his belief.
(2) Where an officer takes down any information in writing under sub-section (1) or records grounds for his belief
under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior.

24. SECTION 45. Procedure where seizure of goods liable to confiscation not
practicable.—
Where it is not practicable to seize any goods (including standing crop) which are liable to confiscation under this
Act, any officer duly authorised under section 42 may serve on the owner or person in possession of the goods, an
order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of
such officer

25. NDPS SIMPLIFIED MANNER
 Whoever
produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to
warehouse
SECTION SUBSTANCE PUNISHMENT
15 Poppy straw
• SMALL QTY – UPTO 2 YEARS OR UPTO
RS.10,000/- FINE OR BOTH
• ABOVE SMALL QTY LESS THAN COMMERCIAL
QTY – UPTO 10 YEARS OR UPTO RS.1,00,000/-
FINE OR BOTH
• COMMERCIAL QTY – MINIMUM 10 YEARS
MAXIMUM 20 YEARS OR MINIMUM RS
MAXIMUM RS. 2,00,000/- FINE OR BOTH
17 Opium

26. • IF ANYONE MAKES PREPARATION TO COMMIT ANY OFFENCE HE CAN BE PUNISHED FOR ONE HALF OF THE
PUNISHMENT PRESCRIBED FOR THE OFFENCE.
• MAGISTRATE CAN ISSUE ARREST WARRANT DIRECTED TO POLICE OR OTHER OFFICER TO ARREST PERSON
WHO HAS COMMITTED OFFENCE UNDER NDPS ACT.
• OFFICER OF EXCISE, REVENUE INTELLENGENCE, NARCOTICS, POLICE CAN ARREST PERSON WHO HAS
COMMITTED OFFENCE UNDER NDPS ACT WITHOUT WARRANT. SUCH OFFIICERS CAN ENTER AND INSPECT
ANY PREMISES WHERE SUCH ACTIVITIES ARE BEING CARRIED. SUCH OFFICERS CAN MAKE SEARCH AND
SEIZURE OF ANY PROHIBITED SUBSTANCE.
• WHERE GOODS CANNOT BE SIEZED AND MOVED THEN , AN ORDER THAT HE SHALL NOT REMOVE, PART WITH
OR OTHERWISE DEAL WITH THE GOODS EXCEPT WITH THE PREVIOUS PERMISSION OF SUCH OFFICER
CAN BE MADE BY SUCH OFFICER.

27. DAILY TASK
• VISIT AND EXPLORE FSSAI WEBSITE https://www.fssai.gov.in/
• PREPARE SHORT NOTE ON
NDPS ACT AND HOW IT IS RELATED TO THE HOSPITSLITY SECTOR
ARMS ACT AND HOW IT IS RELATED TO THE HOSPITALITY SECTOR

28. ANY QUESTIONS OR DOUBTS ?

29. Adv. Rushikesh R Maddalwar
+91 7507008447
rushikeshmaddalwar24@gmail.com
Faculty for Hospitality Law