Chapter XVII LICENSES AND FEES

(1) Nothing in this Act or in any rule or bye-law made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule or bye-law in respect of any place in the occupation or under the control of the Central Government or the State Government or in respect of any property of the Central Government or the State Government.

1. (2) Save in so far as the levy of any tax or continuation of levy of any tax on any property of the Union is permissible under Article 285 of the Constitution of India, the property of the Union shall be exempt from any tax levied under this Act.
2. (3) Notwithstanding anything contained in this Act no licence or permission shall be necessary for the Karnataka State Road Transport Corporation in respect of the fixation or erection of posts showing places of stoppage of buses or erection or construction of passenger-shelters, ticket booths and bus stands on any road or land vested in the corporation: Provided that no passenger-shelter, ticket booth or bus stand shall be erected or constructed under this section except with the previous sanction of the Government.
3. (4) In respect of passenger-shelters, ticket booths and bus stands erected or constructed under this section the Karnataka State Road Transport Corporation shall be liable to pay to the corporation such annual ground rent as may be agreed between them, and where there is no such agreement, as may be determined by the Government.

(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any lodging house, eating house, tea- shop, coffee-house, cafe, restaurant, refreshment room, or any place, where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale. Explanation.- In this sub-section ''lodging house'' means a hotel, boarding house, choultry or rest-house other than a choultry or rest-house maintained by the Government or a local authority, or any place where casual visitors are received and provided with sleeping accommodation, with or without food, on payment but does not include a students' hostel under public or recognized control. (2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law made under section 423 relating to such premises whether or not the licensee is prosecuted under this Act.

1. (2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law made under section 423 relating to such premises whether or not the licensee is prosecuted under this Act.

No person shall,-

1. (a) without the permission of the Commissioner or otherwise than in conformity with the terms of such permission, keep pigs in any part of the city;
2. (b) keep any animal or bird on his premises so as to be a nuisance or so as to be dangerous; or
3. (c) feed or permit of be fed on filth any animal, which is kept for dairy purposes or may be used for food.

¹ Omitted by Act 35 of 1994 w.e.f. 1.6.1994.

1[x x x] or pigs are found straying, the same may be summarily destroyed by any person authorised in that behalf in writing by the Commissioner.

(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which quadrupeds are kept or taken in for purposes of profit, shall, in the first month of 1. Substituted by Act 32 of 2003 w.e.f. 16.6.2003. 1[every fifth year] or, in the case of a place to be newly opened, within one month before the opening of such place, apply to Commissioner for a licence. (2) The Commissioner may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence. (3) No person shall, without or otherwise than in conformity with a licence, use any place or allow any place to be used for any such purpose.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

1[every fifth year] or, in the case of a place to be newly opened, within one month before the opening of such place, apply to Commissioner for a licence.

1. (2) The Commissioner may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
2. (3) No person shall, without or otherwise than in conformity with a licence, use any place or allow any place to be used for any such purpose.

(1) All stables, cattlesheds and cow-houses shall be under the survey and control of the Commissioner as regards their site, construction, material and dimensions.

1. (2) The Commissioner may, by notice, require that any stable, cattle- shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned or be supplied with water, or be connected with a sewer or be demolished.
2. (3) Every such notice shall be addressed to the owner or person having control of the stable, cattle-shed or cow-house.
3. (4) The expense of executing any work in pursuance of any such notice shall be borne by the owner.
4. (5) If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under this Act, the Commissioner may, by notice, direct that the same shall no longer be used as a stable, cattle- shed or cow-house. Every such notice shall state the grounds on which it proceeds.

Commissioner may construct or provide public halting places, cart-stands, cattle-sheds and cow-houses and may charge and levy such fees for the use of the same as the standing committee may fix. Explanation.- A cart-stand shall, for the purposes of this Act, include a stand for carriages including motor vehicles within the meaning of the Motor Vehicles Act, 1939 (Central Act IV of 1939) and animals.

1. (2) A statement of the fees fixed by the standing committee for the use of each such place, shall be put up in Kannada and English in a conspicuous part thereof.
2. (3) The Commissioner may farm out the collection of such fees for any period not exceeding 1[five years] at a time on such terms and conditions as he may thinks fit.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

cart-stand, etc.- Where the Commissioner has provided a public halting place, cart-stand, cattle-shed or cow-house, he may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the standing committee of any public place or the sides of any public street.

1. (1) If the fee leviable under sub-section (1) of section 348 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such cart, carriage, motor vehicle or animal as will, in his opinion, suffice to defray the amount due; in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal. (2) All property seized under sub-section (1) shall be sent within twenty four hours to the Commissioner or to such person as he may have authorised to receive and sell such property and the Commissioner shall forthwith give notice to the owner of the property seized or if the owner is not known or is not resident within the city, to the person who was in charge of such property at the time when it was seized or if such person is not found, give public notice that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold in public auction at a place to be specified in the notice. (3) If at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connection with the seizure, detention and proposed sale is tendered to the Commissioner or other person authorised as aforesaid, the property seized shall be forthwith released. (4) If no such tender is made, the property or a sufficient portion thereof may be sold and the proceeds of the sale applied to the payment of,- (i) the amount due on account of the fees; (ii) such penalty not exceeding the mount of the fee as the Commissioner may direct; (iii) the expenses incurred in connection with the seizure, detention and sale. (5) If, after making the payments referred to in sub-section (4) there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto.

sub-section (1) of section 348 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such cart, carriage, motor vehicle or animal as will, in his opinion, suffice to defray the amount due; in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal.

1. (2) All property seized under sub-section (1) shall be sent within twenty four hours to the Commissioner or to such person as he may have authorised to receive and sell such property and the Commissioner shall forthwith give notice to the owner of the property seized or if the owner is not known or is not resident within the city, to the person who was in charge of such property at

the time when it was seized or if such person is not found, give public notice that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold in public auction at a place to be specified in the notice.

1. (3) If at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connection with the seizure, detention and proposed sale is tendered to the Commissioner or other person authorised as aforesaid, the property seized shall be forthwith released.
2. (4) If no such tender is made, the property or a sufficient portion thereof may be sold and the proceeds of the sale applied to the payment of,-
   • (i) the amount due on account of the fees;
   • (ii) such penalty not exceeding the mount of the fee as the Commissioner may direct;
   • (iii) the expenses incurred in connection with the seizure, detention and sale.
3. (5) If, after making the payments referred to in sub-section (4) there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto.

(1) No person shall open a new private cart-stand or continue to keep open a private cart-stand unless he obtains from the Commissioner a licence to do so. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty days before such place is opened as a cart-stand or not less than thirty days before the 1[expiry of the period of licence] as the case may be. (3) The Commissioner shall, as regards private cart-stand already lawfully established and may, at his discretion as regards a new private cart- stand grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to conservancy as he may think proper, or he may refuse to grant any such licence for any new private cart-stand. The Commissioner may, at any time for breach of the conditions thereof, suspend or cancel any licence which has been granted under this section. The Commissioners may also modify the conditions of the licence to take effect from a specified date. (4) When a licence is granted, refused, suspended, cancelled or modified under this section, the Commissioner shall cause a notice of such grant, refusal, suspension, cancellation or modification, in English and Kannada, to be pasted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained. (5) The Commissioner may levy for every licence granted under this section a fee not exceeding six hundred rupees per annum: Provided that no fees shall be levied in respect of a licence for a cartstand for the use of which no charge is made. (6) Every licence granted under this section shall expire at the 1[end of the period of five years] for which it is granted. 1. Substituted by Act 32 of 2003 w.e.f. 16.6.2003. 1. Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

1. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty days before such place is opened as a cart-stand or not less than thirty days before the 1[expiry of the period of licence] as the case may be.
2. (3) The Commissioner shall, as regards private cart-stand already lawfully established and may, at his discretion as regards a new private cart- stand grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to conservancy as he may think proper, or he may refuse to grant any such licence for any new private cart-stand. The Commissioner may, at any time for breach of the conditions thereof, suspend or cancel any licence which has been granted under this section. The Commissioners may also modify the conditions of the licence to take effect from a specified date.
3. (4) When a licence is granted, refused, suspended, cancelled or modified under this section, the Commissioner shall cause a notice of such grant, refusal, suspension, cancellation or modification, in English and Kannada, to be pasted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained.
4. (5) The Commissioner may levy for every licence granted under this section a fee not exceeding six hundred rupees per annum: Provided that no fees shall be levied in respect of a licence for a cartstand for the use of which no charge is made.
5. (6) Every licence granted under this section shall expire at the 1[end of the period of five years] for which it is granted.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

(1) The occupier of any premises in or on which any animal shall die or on which the carcass of any animal shall be found, and the person having the charge of any animal which dies in a street or in any open place, shall, within three hours after the death of such animal or if the death occurs at night within three hours after sunrise, either,-

1. (a) remove the carcass of such animal to such receptacle, depot or place as may be appointed by the Commissioner in that behalf; or
2. (b) report the death of the animal to an officer of the health department of the 1[ward] of the city in which the death occured with a view to his causing the same to be removed.

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

1. (2) When any carcass is so removed by the health department, a fee for the removal of such amount as shall be fixed by the Commissioner, shall be paid by the owner of the animal or, if the owner is not known, by occupier of the premises in or upon which or by the person in whose charge the animal died.

kilometers thereof may not be used without licence and payment of proportionate tax to local body concerned in the latter case.- (1) No place within the limits of the city shall be used for any of the purposes

3[as specified in the bye-laws or as notified by the Government] without a licence obtained from the Commissioner and except in accordance with the condition, specified therein.

2[Provided that, all Micro, small and Medium Enterprises registered under the Micro, Small and Medium Enterprises Development Act, 2006 (Central Act 27 of 2006) in concerned District Industries Centre and Large Industries who have filed Industrial Entrepreneurs Memorandum or Industrial License with the Secretariat of Industrial Assistance, Department of Industrial Policy and Promotion, Government of India are exempted from obtaining trade license.]

1. (2) The Commissioner shall, if so required by the corporation, publish a notification in the Official Gazette and in two or more local newspapers that any place

at a distance within five kilometers of the limits of the city shall not be used for any one or more of the purposes mentioned in

3[the bye-laws or as notified by the Government] without a licence obtained from the Commissioner and except in accordance with the conditions specified therein: Provided that no such notification shall take effect,-

1. (a) unless the sanction of the Government has been obtained therefor; and
2. (b) until the expiry of thirty days from the date of its publication in the Official Gazette.

1. (3) The owner or occupier of every place for the use of which for any purpose a licence is required under sub-section (1) or sub-section (2) shall apply to the Commissioner for such licence not less than thirty days before the place is used for such purpose or within thirty days of the publication of the notification under sub- section (2) in the Official Gazette, as the case may be.
2. (4) Every application for a licence for the use of any place for the purpose of storing or selling explosives, timber or other combustible material shall contain a statement showing the boundaries and measurements of such place.
3. (5) The Commissioner may grant such licence subject to such restrictions and conditions as may be specified by him thereon or he may refuse to grant such licence if it is likely to cause nuisance in the neighbourhood.
4. (6) Every such licence shall expire at the 1[end of the period of five years] for which it is granted, or at such earlier date as the Commissioner may, for special reasons, specify in the licence.
5. (7) Applications for renewal of such licences shall be made not less than thirty days 1[before the expiry of the period of licence.] The licence may be renewed to such conditions or restrictions as may be specified by the Commissioner or he may refuse to renew if it is likely to cause nuisance in the neighbourhood.
6. (8) Where a licence is granted under this section for the use of any place outside the limits of the city, the corporation shall pay to the local authority within the limits of which such place is situated, such proportion of the fee received by the corporation for the grant or renewal of such licence as the Government may, by general or special order, determine.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

² Inserted by Act 42 of 2015 w.e.f.23.12.2015.

³ Substituted by Act 64 of 2025 w.e.f. 12.09.2025

installation of factory or workshop or work-place in which steam or other power is to be employed.- (1) Every person intending to,-

1. (a) construct or establish any factory, workshop or work-place in which it is proposed to employ steampower, waterpower, or other mechanical power or electric power, or
2. (b) to install in any premises any machinery or manufacturing plant driven by steam, water, electric or other power as aforesaid, shall before beginning such construction, establishment or installation make

an application in writing to the Commissioner for permission to undertake the intended work.

1. (2) The application shall specify the maximum number of workers proposed to be simultaneously employed at any time in the factory, workshop, workplace, place or premises and shall be accompanied by,-
   • (a) a plan of the factory, workshop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the Government; and
   • (b) such particulars as to the powers, machinery plant or premises as the corporation may require by bye-laws made in this behalf.
2. (3) The Commissioner shall, as soon as may be, after the receipt of the application,-
   • (a) grant permission applied for either absolutely or subject to such conditions as he thinks fit to impose, or
   • (b) refuse permission if he is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or is likely to cause nuisance in the neighbourhood.
3. (4) Before granting permission under sub-section (3), the Commissioner,-
   • (a) shall, if more than nine workers are proposed to be simultaneously employed at any time in the factory, work-shop, work place or premises, obtain the approval of the inspector of factories appointed under the Factories Act, 1948 (Central Act 63 of 1948), having jurisdiction over the area in the city

where such factory, work-shop, work-place or premises is located as regards the plan of the factory, work-shop, work-place or premises with reference to,-

1. (i) the adequacy of the provision for ventilation and light;
2. (ii) the sufficiency of the height and dimensions of the rooms and doors;
3. (iii) the suitability of the exits, to be used in case of fire;
4. (iv) such other matters as may be prescribed by rules made by the Government, and

1. (b) shall consult and have due regard to the opinion of the health officer as regards the suitability of the site of the factory, workshop, work-place or premises for the purpose specified in the application.

1. (5) All chimneys in connection with any such factory, workshop, or work- place or any such machinery or manufacturing plant shall be of such height and dimensions as the Commissioner may determine.
2. (6) More than nine workers shall not be simultaneously employed at any time in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section (3) authorises such employment or unless fresh permission authorising such employment has been obtained from the Commissioner. Before granting such fresh permission, the Commissioner shall obtain the approval of the inspector of factories referred to

in clause (a) of sub-section (4), as regards the plan of the factory, workshop, work-place or premises with reference to the matters specified in that clause.

1. (7) The grant of permission under this section shall not be deemed to dispense with the necessity for compliance with the provisions of sections 300 and 301 or sections 314 and 315 as the case may be. Explanation.- The word ''worker'' in sub-sections (2), (4) and (6) shall, in relation to any factory, workshop, work-place or premises, have the same meaning as in the Factories Act, 1948 (Central Act 63 of 1948).

(1) If , in any factory, workshop or work-place in which steam-power, water-power or other mechanical power or electric power is used, nuisance is, in the opinion of the Commissioner, caused by the particular kind of fuel used or by the noise or vibration created, he may issue such direction as he thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.

1. (2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the Commissioner may,-
   • (a) prohibit the use of the particular kind of fuel; or
   • (b) prohibit the working of the factory, workshop or work-place,-
     • (i) altogether until such directions have been carried out; or
     • (ii) between the hours of 6 p.m. and 6 a.m. or during any particular time or times between such hours.

(1) No person shall, without the written permission of the Commissioner, use or employ in any factory or any other place, any steam-whistle or steam-trumpet for purpose of summoning or dismissing workmen or persons employed.

1. (2) The Commissioner may at any time revoke any permission which he has given for the use of any such instrument as aforesaid, on giving one month's notice to the person using the same.

workshop, etc., to put up and maintain the factory, workshop, etc., in a cleanly state.- Whenever it shall appear to the Commissioner that any factory, workshop, work-place or any building or place in which steam, water or other mechanical power or electric power is used, is not kept in a cleanly state or is not ventilated in such a manner as to render harmless as far as practicable any gas, vapour, dust or other impurity generated in the course of the work carried on therein which, in the opinion of the Commissioner, is a nuisance or is so overcrowd while work is carried on as to be dangerous or injurious in the opinion of the Commissioner, to the health of the persons employed therein, or that any engine, mill-gearing hoist or other machinery herein is so fixed or so insecurely fenced as to be dangerous to life or limb, the Commissioner may by written notice require the owner of such factory, workshop, work-place or other building or place to make such order as he thinks fit for putting and maintaining the said factory, workshop, work-place or other buildings or place in a cleanly state or for ventilating the same or for preventing the same from being overcrowd or for preventing the danger to life or limb from any engine, mill-gearing, hoist or other machinery therein. Explanation.- Nothing in this section shall be deemed to affect any of the provisions of the Indian Boilers Act, 1923, or to authorise the Commissioner to issue 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 (Central Act 63 of 1948) are applicable.

factory, etc., to discontinue the use of such factory.- Whenever it shall appear to the Commissioner that any factory, workshop or workplace or any building or any place in which steam, water or other mechanical or electric power is employed, is or is likely to become, by reason of the employment of such power or by noise or by any gas, vapour, smoke, vibration, dust or other impurity generated in the course of the work carried on in such place or by any other cause, a nuisance or danger to the life, health or property of persons in the neighbourhood, he may by written notice require the owner or occupier of such factory, workshop, work-place, building or place to discontinue the use of such factory or place for any of the purposes that may be specified in such notice.

(1) The Commissioner or any person authorised by him in this behalf may enter any factory, workshop or work-place,-

1. (a) at any time between sunrise and sunset.
2. (b) at any time when any industry is being carried on, and
3. (c) at any time by day or night if he has reason to believe that any offence is being committed against sections 354, 355, 356, 357 or 358.

1. (2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of the force necessary for the purpose of effecting an entrance under this section.

Commissioner.- The Government may either generally or in any particular case make such order or give such directions as it deems fit in respect of any action taken or omitted to be taken under section 354, 355, 356, 357 or 358.

The corporation shall set apart places for use by the public for bathing purposes and for washing animals.

Commissioner may construct or provide and maintain public bathing-houses, public wash-houses or places for the washing of vessels, clothes and may charge and levy such rents and fees for the use of any such bathing-house, wash-house or place as the standing committee may determine. Such rents and fees shall be recoverable in the same manner as the property tax.

1. (2) The Commissioner may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as he may think fit.
2. (3) If a sufficient number of public wash-houses or places be not maintained under sub-section (1) the Commissioner may without making any charge therefor appoint suitable places for the exercise by washermen of their calling.
3. (4) In public wash-houses, the clothes of persons suffering from infectious diseases and of persons residing in the premises occupied by persons suffering from such diseases shall be washed separately in a separate block wherever set apart for the purpose and shall be washed by such methods as the Commissioner may lay down in that behalf.

(1) The Commissioner may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, either within the city or outside the city within five kilometers of the boundary thereof except at,-

1. (a) public wash-houses or places maintained or provided under section 362; or
2. (b) such other places as he may appoint for the purpose.

1. (2) When any such prohibition has been made no person who is by calling a washerman shall, in contravention of such prohibition, wash clothes, except for himself or for personal and family service or for hire on and within

the premises of the hirer, at any place within or without the corporation limits other than in a public wash-house or place maintained or appointed under this Act:

Provision of corporation slaughter-houses.- (1) The corporation shall provide a sufficient number of places for use as corporation slaughter- houses and the Commissioner may charge and levy such rents and fees for their use as the standing committee may determine, Such rents and fees shall be recoverable in the same manner as the property tax.

1. (2) The Commissioner may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as he may think fit.
2. (3) Corporation slaughter-houses may be situated within the city limits or

outside the limits of the city with the sanction of the Government.

(1) The owner of any place within the limits of the city or at a distance within five kilometers of such limits which is used as a slaughter house for the slaughtering of animals or for the skinning or cutting up of carcasses shall, not less than thirty days before the commencement of the year for which the licence is sought or in the case of a place to be newly opened, not less than one month before the opening of the same, apply to the Commissioner for a licence: Provided that this sub-section shall not be applicable to any area outside the limits of the city except with the previous sanction of the Government.

1. (2) The Commissioner may by an order, and subject to such restrictions and regulations as to supervision and inspection, as he thinks fit, grant or refuse to grant such licence.

Commissioner may allow any animal to be slaughtered in such place as he thinks fit on occasions of festivals and ceremonies or as a special measure.

No person shall slaughter within the city except in a corporation or licensed slaughter-house any cattle, horse, sheep, goat or pig for sale or food or skin or cut up any carcass without or otherwise than in conformity with a licence from the

Public markets.- All markets which are acquired, constructed, repaired or maintained out of the corporation fund shall be deemed to be public markets.

1. (1) The corporation may provide places for use as public markets.
2. (2) The Commissioner may, in any public market charge and levy any one or more of the following fees at such rates as the standing committee may determine and may place the collection of such fees under the management of such persons as may appear to him proper or may farm out such fees on such terms and subject to such conditions as he may deem fit, namely:-
   • (a) fees for the use of, or for the right to expose goods for sale in, such markets;
   • (b) fees for the use of shops, stalls, pens or stands in such markets;
   • (c) fees on vehicles or pack-animals carrying or on persons bringing goods for sale in such markets;
   • (d) fees on animals brought for sale into, or sold in such markets; and
   • (e) licence fees on brokers, commission agents, weighmen and measurers practising their calling in such markets.
3. (3) Such fees shall by recoverable in the same manner as the property tax. (4)The corporation may, with the sanction of Government, close any public market or part thereof.

No person shall, without the permission of the Commissioner, or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market. (2) Any person who contravenes sub-section (1) or any condition of the licence or any regulation made under section 378 or in any bye-law made under section 423 or who commits default in payment of the fees leviable under section 369 may after three clear days' notice be summarily removed form such market by any corporation officer or servant and any lease or tenure which any person may possess may be terminated for such period and from such date as the Commissioner may determine with-out prejudice to the legal rights of the corporation to prosecute the person or to recover the fees leviable under section 369 and expenses, if any which the corporation may incur in such removal.

1. (2) Any person who contravenes sub-section (1) or any condition of the licence or any regulation made under section 378 or in any bye-law made under section 423 or who commits default in payment of the fees leviable under section 369 may after three clear days' notice be summarily removed form such market by any corporation officer or servant and any lease or tenure which any person may possess may be terminated for such period and from such date as the Commissioner may determine with-out prejudice to the legal rights of the corporation to prosecute the person or to recover the fees leviable under section 369 and expenses, if any which the corporation may incur in such removal.

(1) The corporation shall determine whether the establishment of new private markets for the sale of or for the purpose of exposing for sale, animals intended for human food or any article of human food shall be permitted in the city or any specified part of it.

1. (2) (a) No person shall establish any new private market without or otherwise than in conformity with a licence issued by the Commissioner with the sanction of the standing committee which shall be guided in giving or refusing sanction by the resolutions of the corporation passed under sub- section (1).
   • (b) Applications for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty days before such place is opened as a market.

(1) No person shall without or otherwise than in conformity with

¹ Omitted by Act 32 of 2003 w.e.f. 16.6.2003.

1[xxx] licence granted by the Commissioner in this behalf continue to keep open a private market. Application for the renewal of the licence shall be made not less than thirty days before the commencement of the year for which licence is sought.

1. (2) The Commissioner may, by an order, subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water-supply, width of paths and ways, weights and measures to be used and rents and fees to be charged in such markets, as he thinks fit,-
   • (a) grant or refuse to grant or renew such licences, or
   • (b) withhold the licence until the owner or occupier executes such works as may be specified in the order: Provided that the Commissioner shall not refuse or withhold such licence for any cause other than the failure of the owner or occupier thereof to comply with some provision of this Act or some regulation made under section 422 or some bye-law made under section 423 without the approval of the standing committee.
2. (3) The Commissioner shall cause a notice that the market has been so licensed to be affixed in English and in Kannada in some conspicuous place at or near the entrance to every market.
3. (4) The Commissioner, if a licence has been refused or withheld as aforesaid, shall cause a notice of such refusal or withholding to be affixed in

Period of licence.- Every licence granted under section 371 or section 372 shall expire at the

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

1[end of the period of five years] for which it is granted.

When a licence granted under section 372 permits the levy of any fee or fees of the nature specified in sub- section (2) of section 369 a fee not exceeding fifteen per cent of the gross income of the owner from the market in the preceding year shall be charged and levied by the Commissioner for such licence.

It shall not be lawful for any person to sell or expose for sale any animal or article in any un-licensed private market.

Commissioner may by notice require the owner, occupier or farmer of any private market for the sale of any animal or article of food, to,-

1. (a) construct approaches, entrances, passages, gates, drains and cesspits for such market and provide it with privy of such description and in such position and number as the Commissioner may think fit;
2. (b) roof and pave the whole or any portion of it with such material as will, in the opinion of the Commissioner, secure imperviousness and ready cleaning;
3. (c) ventilate and light it properly and provide it with supply of water;
4. (d) provide passages of sufficient width between the stalls, and make such alterations in the stalls, passages, shops, doors or other parts of the market as the Commissioner may direct; and
5. (e) keep it in a clean and proper state and remove all filth and rubbish therefrom.

(1) If any person, after notice given to him in that behalf by the Commissioner, fails within the period and in the manner laid down in the said notice to carry out any of the works specified in section 376 the Commissioner may, with the sanction of the standing committee, suspend the licence of the said person or may refuse to grant him a licence until such works have been completed. (2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.

1. (2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.

bazaars, slaughter houses and places set apart for sacrifice of animals,- The Commissioner may, with the approval of the standing committee, make regulations not inconsistent with any provision of this Act, or of any bye-law made under section 423,-

1. (a) for preventing nuisance or obstruction in any market-building, market-place, bazaar or slaughter-house, or in the approaches thereto, or in any of the roads, paths or ways in any market or bazaar;
2. (b) fixing the days and the hours on and during which any market, bazaar or slaughter house may be held or kept open for use;
3. (c) for keeping every market-building, market-place, bazaar, slaughter- house and place specified under section 371 in a clean and proper state, and for removing filth and rubbish therefrom;
4. (d) requiring that any market-building, market-place, bazaar, slaughter- house or place specified as aforesaid be properly ventilated and be provided with a sufficient supply of water;
5. (e) requiring that in market-buildings, market-places and bazaars, passages be provided between the stalls of sufficient width for the convenient use of the public; and
6. (f) requiring that in market-building, market-places and bazaars separate areas be set apart for different classes of articles.

The person incharge of a market shall prevent the entry therein of, and shall expel therefrom, any person suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not having purchased the same, handles any articles exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.

(1) The corporation may acquire the rights of any person to hold a private market in any place and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894, and such rights shall be deemed to be land for the purposes of that Act.

1. (2) On payment by the corporation of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold such market and to levy fees therein shall vest in the corporation.

(1) No person shall, without or otherwise than inconformity with a licence from the Commissioner, carry on the trade of a butcher, fishmonger or poulterer or use any place for the sale of fresh fish or poultry intended for human food,- (a) in any place within the limits of the city; (b) in any place within five kilometers of such limits and not included in any municipality constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964): Provided that no licence shall be required for a place used for the selling or storing for sale of presented flesh of fish contained in air-tight and hermetically sealed receptacles. (2) The Commissioner may by order and subject to such restrictions as to supervision and inspection as he thinks fit grant or refuse to grant such licence. (3) Every such licence shall expire at the 1[end of the period of five years] for which it is granted or at such earlier date as the Commissioner may, for special reasons, specify in the licence. 1. Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

1. (a) in any place within the limits of the city;
2. (b) in any place within five kilometers of such limits and not included in any municipality constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964): Provided that no licence shall be required for a place used for the selling or storing for sale of presented flesh of fish contained in air-tight and hermetically sealed receptacles.

1. (2) The Commissioner may by order and subject to such restrictions as to supervision and inspection as he thinks fit grant or refuse to grant such licence.
2. (3) Every such licence shall expire at the 1[end of the period of five years] for which it is granted or at such earlier date as the Commissioner may, for special reasons, specify in the licence.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

The Commissioner may, with the sanction of the standing committee, prohibit by public notice or licence or regulate the sale or exposure for sale of any animal, bird or article in or on any public street or part thereof.

If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, or live-stock or poultry, or cotton, groundnut or other industrial crops or of any other raw or manufactured products, is a market or not, the Commissioner shall make a reference to the

Duty of Commissioner to inspect.- It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, fresh fish, vegetables, corn, bread, floor, milk, ghee, butter, oil and any other articles exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale.

Commissioner or any person authorised by him in writing for the purpose may without notice enter any slaughter house or any place where animals, poultry or fish intended for food are exposed for sale or where articles of food are being manufactured or exposed for sale at any time by day or night, when the slaughter, exposure for sale or manufacture is being carried on and inspect the same and any utensil or vessel used for manufacturing, preparing or containing any such article.

1. (2) If the Commissioner or any person so authorised by him has reason to believe that in any place any animal intended for human food is being slaughtered or any carcass is being skinned or cut up or that any food is being manufactured, stored, prepared, packed, cleansed, kept or exposed for sale or sold without, or otherwise than in conformity with a licence, he may enter any such place without notice, at any time by day or night for the purpose of satisfying himself whether any provision of this Act, bye-laws, or regulations or any condition of a licence is being contravened.
2. (3) No claim shall lie against the Commissioner or any person acting under his authority or the corporation for any damage or inconvenience caused by the exercise of powers under this section or by the use of any force necessary for effecting entry into any place under this section.
3. (4) In any legal proceedings in respect of powers exercised under this section in which it is alleged that any animals, poultry, fish or articles of food were not kept, exposed, hawked about, manufactured, prepared, stored, packed or cleansed for sale, or were not intended for human food, the burden of proof shall lie on the party so alleging.

No person shall in any manner whatsoever obstruct the Commissioner or person duly authorised by him in the exercise of his powers under the preceding section.

food, etc.- If it appears to the Commissioner or a person duly authorised by him,-

1. (a) that any animal, poultry or fish intended for food is diseased; or
2. (b) that any article of food is noxious; or
3. (c) that any utensil or vessel used in manufacturing, preparing or containing any article of food is of such kind or in such state as to render the articles noxious, he may seize or carry away or secure such animals, poultry, fish, article, utensil or vessel in order that the same may be dealt with as hereinafter provided. Explanation.- For purposes of this section meat subjected to the process of blowing shall be deemed to be noxious.

No person shall remove or in any way interfere with any-thing secured under the preceding section.

(1) When any animal, poultry, fish or other article of food (or any utensil or vessel) is seized under section 387, it may, with the consent of the owner or person in whose possession it was found, be forthwith destroyed, and if the article is perishable, without such consent. (2) Any expenses incurred in destroying anything under sub-section(1), shall be paid by the owner or person in whose possession such thing was at the time of the seizure.

1. (2) Any expenses incurred in destroying anything under sub-section(1),

shall be paid by the owner or person in whose possession such thing was at the time of the seizure.

(1) Articles of food, animals, poultry, fish, utensils or vessels seized under section 387 and not destroyed under section 389 shall as soon as possible, be produced before a magistrate.

1. (2) Whether or not complaint is laid before the magistrate for any offence under the Indian Penal Code (Central Act 45 of 1860) or under this Act, If it appears to the magistrate on taking such evidence as he thinks necessary that any such animal, poultry, or fish is diseased, or any such article

is noxious or any such utensil or vessel is of such kind or in such state as is described in section 387, he may order the same,-

1. (a) to be forfeited to the corporation; and
2. (b) to be destroyed at the charge of the owner or person in whose possession it was at the time of seizure, in such manner as to prevent the same being again exposed or hawked about for sale, or used for human food or for the manufacture or preparation of, or for containing any such articles as aforesaid.

If it appears to the Commissioner that there is no owner or person having the control of any place used for burying, burning or otherwise disposing of the dead, he shall assume such control and register such place or may, with the sanction of the corporation, close it.

(1) No new place for the disposal of the dead whether public or private shall be opened, formed, constructed or used unless a licence has been obtained form the Commissioner on application. (2) Such application for a licence shall be accompanied by a plan of the place to be registered showing the locality, boundaries and extent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the Commissioner may require. (3) The Commissioner may, with the sanction of the corporation,- (a) grant or refuse a licence; or (b) postpone the grant of a licence until his objections to the site have been removed or the particulars called for by him have been furnished.

1. (2) Such application for a licence shall be accompanied by a plan of the place to be registered showing the locality, boundaries and extent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the Commissioner may require.
2. (3) The Commissioner may, with the sanction of the corporation,-
   • (a) grant or refuse a licence; or
   • (b) postpone the grant of a licence until his objections to the site have been removed or the particulars called for by him have been furnished.

(1) The corporation may, and shall if no sufficient provision exists, provide places to be used as burial or burning grounds or crematoria, either within, or with the sanction of the Government outside the limits of the city; and may charge and levy rents and fees for the use thereof: Provided that the corporation shall itself undertake the cremation of unclaimed dead bodies free of charge.

1. (2) If the corporation provides any such place without the limits of the corporation all the provisions of this Act and all bye-laws framed under this Act for the management of such places within the corporation shall apply to such place and all offences against such provisions or bye-laws shall be congnizable by a magistrate as if such places were within the corporation limits.

(1) A book shall be kept at the corporation office in which the places registered, licensed or provided under section 391, section 392 or section 393 and all such places registered, licensed or provided before the commencement of this Act, shall be recorded and the plans of such places shall be filed in such office.

1. (2) Notice that the such place has been registered, licensed or provided as aforesaid shall be affixed in English and in Kannada to some conspicuous place at or near the entrance to the burial or burning ground or other places aforesaid.
2. (3) The Commissioner shall annually publish a list of all places registered, licensed or provided as aforesaid or provided by the Government.
3. (4) No person shall bury, burn or otherwise dispose of any corpse except in a place which has been registered, licensed or provided as aforesaid.
4. (5) Where a magistrate on a complaint preferred by the Commissioner or otherwise is satisfied that a corpse has been buried in a place which has not been registered, licensed or provided as aforesaid, he may direct the exhumation of the corpse and its burial in an authorised place.

The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal of a corpse at such place to the officer, if any, appointed by

Prohibition against making of vault or grave in any place of public worship.- No person shall make a vault or grave, or cause any corpse to be buried within the walls or underneath any place of public worship: Provided that the Commissioner may, subject to the general or special orders of the Government, authorise the making of a vault or grave within the precincts of or underneath any place of public worship and the burial of priests or religious ministers in such vault or grave, or in an existing vault or grave.

dangerous to health or overcrowded with graves.- (1) If the Commissioner is of opinion,-

1. (a) that any registered or licensed place for the disposal of the dead or any place provided for such disposal by the Corporation or by the Government is in such a state or situation as to or to be likely to become dangerous to health of persons living in the neighbourhood thereof; or
2. (b) that any burial ground is overcrowded with graves, and if in the case of a public or burning ground or other place as aforesaid another convenient place duly authorised for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, he may with the consent of the corporation and the previous sanction of the Government, give notice that it shall not be lawful after a period to be named in such notice, to bury, burn or otherwise dispose of any corpse at such place.

1. (2) Every notice given under sub-section (1) shall be affixed to some part of such place.
2. (3) After the expiry of the period named in such notice it shall not be lawful to bury, burn or otherwise dispose of a corpse at such place except with the permission of the Commissioner.

1. (a) bury or cause to be buried any corpse or part thereof in a grave

whether dug or constructed of masonry or otherwise in such manner that the surface of the coffin or the surface of the body where no coffin is used, is at a less depth than eight meters from the surface of the ground; or

1. (b) build or dig or cause to be built or dug any grave in any burial ground at a less distance than four meters from the margin of any other existing grave; or
2. (c) without the sanction in writing, of the Commissioner, or an order in writing of a magistrate reopen a grave already occupied; or
3. (d) convey or cause to be conveyed a corpse or part thereof to any burial or burning ground and not cause the burial or burning of the same to commence within six hours after its arrival at such place; or
4. (e) when burning or causing to be burnt a corpse or part thereof, permit the same or any part thereof or its clothing to remain without being completely reduced to ashes; or
5. (f) carry through any street a corpse or part thereof not decently covered; or
6. (g) while carrying a corpse or part thereof within the city leave the same in or near any street for any purpose whatever; or
7. (h) remove, otherwise than in a closed receptacle, any corpse or part thereof, kept or used for the purpose of dissection.

The owner of, or other person having control over, any private burial ground shall fence and maintain the same properly to the satisfaction of the Commissioner.

No person shall discharge the office of a grave digger or other attendant at a public place for the disposal of the dead (other than a place provided by the Government) unless he has been licensed in that behalf by the Commissioner.