Chapter XIX Chapter XIX

(1) The Council may construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a municipal market or a municipal slaughter-house or of extending or improving any existing municipal market or slaughter-house, and may from time to time build and maintain such municipal markets and slaughter-houses and such stalls, shops, sheds, pens and other buildings or conveniences for the use of the persons carrying on trade or business in, or frequenting, such municipal markets or slaughter-houses, and provide and maintain in such municipal markets such machines, weights, scales and measures for weighing and measuring goods sold therein as the Council shall think fit. (2) The Council may, at any time, close either temporarily or permanently any municipal market or municipal slaughter-house or any portion thereof.

Private markets, etc. not to be held without licence. No person shall use or allow to be used any place in any municipal area — (i) as a private market; or (ii) as a private slaughter-house; or (iii) for the storage or sale of flesh or fish or animals or birds intended for human food, except under and in accordance with the conditions of a licence granted in accordance with the provisions of the bye-laws made in this behalf: Provided that no licence under this section shall be required for selling or storing of flesh or fish contained in hermatically sealed receptacles. (2) Whoever uses or allows to be used any place for any of the purposes specified in sub-section (1), without a licence, or in contravention of any conditions subject to which a licence may have been granted under sub-section (1) shall, on conviction, be punished with fine which may extend to five thousand rupees if the contravention is of clause (i) or (ii) of sub-section (1) and with fine which may extend to one thousand rupees if the contravention is of clause (iii) of that sub-section, and in the case of continuing contravention of the said clause (i) or (ii) with further fine of one hundred rupees, and of the said clause (iii) with further fine of fifty rupees, for every day after the first during which such contravention continues.

(1) It shall be lawful for a Council with the sanction of the Collector to establish municipal slaughter-houses or to license private slaughter-houses beyond the limits of the municipal area and all provisions of this Act and of bye-laws in force thereunder relating to such slaughter-houses within the municipal area shall have full force in respect of slaughter-houses established or licensed under this section, as if they were within the municipal area. (2) It shall be lawful for the Council to prohibit the import into the municipal area of meat except of animals slaughtered at a municipal slaughter-house or a slaughter-house licensed by the Council under sub-section (1). (3) Nothing in sub-section (2) shall be deemed to apply to cured or preserved meat.

Restriction on slaughter of animals for sale. (1) No person shall, without written permission of the Chief Officer, slaughter or cause to be slaughtered any animal for sale or supply of meat in the municipal area except in a municipal slaughter-house or a licensed private slaughter-house. (2) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to Five thousand rupees. (3) The Chief Officer may seize the carcass or meat of any animal slaughtered contrary to the provisions of sub-section (1) and may cause it to be sold, destroyed or disposed of in such other manner as he may think fit.

Provisions for requiring private market buildings and slaughter houses to be properly paved and drained. The Council may, by a written notice, require the owner, or the person in charge, of any private market or slaughter-house, to cause— (a) the whole or any portion of the floor of the market place or slaughter-house to be raised or paved with dressed stone or other suitable material; (b) such drains to be made in or from the market-building, market-place or slaughter-house, of such material, size and description, at such level and with such outfall, as to the Council may appear necessary; (c) a supply of water to be provided for keeping such market-building, market-place or slaughter-house in a clean and wholesome state; (d) any shop, stall, shed, standing or other structure, in any private market to be altered or improved, in such manner as the Council may consider necessary; (e) any privy, water-closet or urinal or any other sanitary arrangement to be constructed or made at such site and in such manner as the Council may deem necessary and expedient; and (f) any other measures to be taken which in its opinion are necessary in the interest of public health or sanitation.

Provisions regarding approaches and environs of private markets. (1) The Council may— (a) define or determine the limits of any private market or declare what portions of such market shall be made part of the existing approaches, streets, passages and ways to and in such market; and (b) after hearing the owner or the person in charge of such market, by written notice, require such owner or person to— (i) lay out, construct, alter, clear, widen, pave, drain and light, to the satisfaction of the Council, such approaches, streets, passages and ways to or in such market, (ii) provide such conveniences for the use of persons resorting to such market, and (iii) provide adequate ventilation and lighting of the market-building, or any portion thereof including shops and stalls, as the Council may think fit. (2) The Council may, by written notice, require such owner or occupier to maintain in proper order the approaches, streets, passages and ways to and in such market and such other conveniences as are provided for the use of persons resorting thereto.

(1) The Council may — (a) charge such stallages, rents or fees as may from time to time be fixed by it in this behalf— (i) for the occupation or use of any stall, shop, stand, shed, pen or space in a municipal market or municipal slaughter-house; (ii) for the right to expose articles for sale in a municipal market; (iii) for the use of machines, weights, scales and measures provided for in any municipal market; and (iv) for the right to slaughter animals in any municipal slaughter-house and for the feeding and watering of such animals before they are ready for slaughter; or (b) put up to public auction or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed, pen or space in a municipal market or municipal slaughter-house for such period and on such conditions as it may think fit. (2) The Chief Officer shall issue to every person authorised to occupy or use any stall, shop, stand, shed, pen or space or to expose any articles for sale in a municipal market or to slaughter animals in a municipal slaughter-house, under sub-section (1), a licence granted in accordance with the provisions of the bye-laws made in this behalf. (3) Any person who, without a licence from the Chief Officer under sub-section (2), shall occupy any stall, shop, stand, shed, pen or space in a municipal market or sell or expose for sale any article in a municipal market or use a municipal slaughter-house, shall, on conviction, be punished with fine which may extend to fifty rupees. (4) It shall be lawful for the Chief Officer or any officer in charge of a municipal market or a slaughter-house to expel from the market or slaughter-house any person — (i) occupying any stall, shop, stand, shed, pen or space in such market or slaughter-house or exposing for sale therein any articles without a licence from the Council; or (ii) using or attempting to use any municipal slaughter-house without a licence; or (iii) contravening any bye-laws pertaining to such markets or slaughter-houses; or (iv) suffering from any infectious or contagious disease; or (v) creating disturbance in such market or slaughter-house.

Farming of market and slaughter--house rents. (1) It shall be lawful for the Council to lease by public auction or by inviting tenders or by private contract the collecting of any stallages, rents or fees which may be imposed under sub-section (1) of the last preceding section after obtaining adequate security from the lessee for the due fulfilment of the conditions of the lease. (2) Any person to whom the right to collect stallages, rents or fees has been so leased shall have the power to expel from the market or slaughter-house any person occupying any stall, shop, stand, shed, pen or space or exposing any goods for sale in the market or using or attempting to use any such slaughter-house, without payment of the stallage, rent or fee.

Control on preparation of food, eating houses, hotels, lodging houses, etc. (1) No person shall use or permit to be used any premises in the municipal area — (a) as an eating house, tea or coffee shop, restaurant, dining-saloon, refreshment room or for a like purpose; or (b) for the preparation or sale for the purposes of trade of any article of human food or drink; or (c) as a hotel or a lodging house, except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf. (2) The Chief Officer may enter and inspect any premises used for any of the purposes specified in sub-section (1) and may inspect any goods, vessels or implements or other articles used for such purposes and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the cleanly conduct of such business or may require the use of the premises for such purpose to be discontinued. (3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Chief Officer under sub-section (2), shall, on conviction be punished with fine which may extend to five thousand rupees and in the case of continuing offence with further fine which may extend to five hundred rupees for every day after the first during which such offence continues.

(1) No person shall— (a) carry on the trade or business of a dealer in, or importer or seller of, sweet-meats, milk, butter or other milk-products; or (b) use or permit to be used for the purposes of trade, any premises for storing or selling milk or for making, storing or selling butter or other milk-products or sweet-meats, except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf. (2) The Chief Officer may enter and inspect any premises used for any of the purposes specified in sub-section (1) and may inspect any goods, vessels or implements or other articles used for such purpose and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the cleanly conduct of such business or may require the use of the premises for such purpose to be discontinued. (3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Chief Officer under sub-section (2), shall, on conviction, be punished with fine which may extend to five thousand rupees and in the case of continuing offence with further fine which may extend to five hundred rupees for every day after the first during which such offence continues.

Control of stables. (1) No person shall use any premises in the municipal area — (a) as a stable for milch cattle; or (b) for the stallage or keeping of horses, camels, donkeys and animals other than milch cattle and animals intended for human food, except under and in accordance with a licence granted under the provisions of the bye-laws made in this behalf. (2) The Chief Officer may enter and inspect any premises used for any of the purposes specified in sub-section (1) and may inspect any animals kept on such premises or any vessels or implements used on such premises and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the proper ventilation, sanitation or drainage of such premises, or for the proper supply of water to the animals kept on such premises or may require the use of such premises for such purpose to be discontinued. (3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Chief Officer under sub-section (2), shall, on conviction, be punished with fine which may extend to five thousand rupees, and in the case of continuing offence with further fine which may extend to five hundred rupees for every day after the first during which such offence continues.

Notwithstanding anything contained in section 259 and 260 no licence shall be required under the said sections for the use of any premises for any purpose or for carrying on any trade specified therein, in respect of which a licence has been obtained under the law for the time being in force in the State of Goa regarding prevention of food adulteration.

Factory, etc., not to be established without licence. (1) No person shall, without a licence granted in accordance with the bye-laws made in this behalf, establish or materially alter, enlarge or extend or permit the establishment, material alteration, enlargment or extension of any factory, workshop or place of business in which it is intended to employ steam, electricity, water or other mechanical power. (2) The Council may after giving the applicant a reasonable opportunity of being heard and recording the reasons refuse to grant a licence if it is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or place of business would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance or danger to the inhabitants of the neighbourhood. (3) Whoever establishes, alters, enlarges or extends or permits the establishment, material alteration, enlargement or extension of any such factory, workshop or place of business without a licence or in contravention of any condition subject to which the licence may have been granted shall, on conviction, be punished with fine which may extend to five thousand rupees. Explanation:— Nothing in this section of section 265 shall be deemed to affect any provision of the Indian Boilers Act, 1923, or authorise any order relating to the fixing or fencing of any engine, mill-gearing, hoist or other machinery in any factory to which the provisions of the Factories Act, 1948, are applicable.

Prohibition of use of steam whistles, etc. (1) No person shall use or employ in any factory or any other premises any whistle or trumpet operated by steam or mechanical means for the purpose of summoning or dismissing workmen or persons employed, except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf. (2) Whoever uses or employs any such whistle or trumpet as aforesaid in contravention of any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to fifty rupees and in the case of continuing offence with further fine which may extend to five rupees for every day after the first during which such offence continues.

Certain other trades and occupations not to be carried on without licence. (1) No person shall use any premises in the municipal area for any trade or occupation except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf. Provided that no such licence shall be required for the use of any premises in the municipal area under any self-employment Schemes or Information Technology Software and enabled services specially notified by the Government, subject to the payment of taxes and fees payable under the provisions of this Act, rules or bye-laws made thereunder. (2) The Chief Officer may enter and inspect any premises used for any of the purposes specified in sub-section (1) and may inspect any goods, vessels or implements or other articles used for such purpose and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the prevention of any nuisance or danger therefrom or may require the use of the premises for such purpose to be discontinued. (3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued under sub-section (2) shall, on conviction, be punished with fine which may extend to five thousand rupees, and in the case of continuing offence with further fine which may extend to five hundred rupees for every day after the first during which such offence continues.

Certain articles not to be kept without licence. (1) No person shall keep or allow to be kept in or upon any premises any article specified in Schedule VIII, except under and in accordance with the conditions of licence granted under the provisions of the bye-laws made in this behalf. (2) No person shall, except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf, keep or allow to be kept— (a) any of the articles specified in Part I of Schedule IX in or upon any premises in quantities exceeding at any one time the respective maximum quantities specified opposite such article; or (b) any of the articles specified in Part II of the said Schedule in or upon any premises for sale or for purposes other than domestic use. (3)Whoever keeps in or upon any premises any article in contravention of the provisions of sub-section (1) or (2), or in contravention of any conditions subject to which a licence may have been granted shall, on conviction, be punished with fine which may extend to two thousand rupees, and in the case of continuing offence with further fine which may extend to one hundred rupees for every day after the first during which such offence continues. (4)The Chief Officer may at any time enter upon any premises and may seize any article kept in contravention of the provisions of sub-section (1) or (2) or in contravention of any conditions subject to which a licence may have been granted under sub-section (1) or sub-section (2).