Chapter XXII LICENSES AND FEES

(1)The Zonal Commissioner shall have the power to grant license in matters pertaining to the following subjects: (a) Establishment and operation of Markets either wholesale or retail; (b) Establishment and operation of Trade Establishments; (c) Establishment and operation of Slaughterhouses; (d) Establishment and operation of Restaurants; (e) Establishment and operation of Industries; (f) Establishment and operation of Commercial undertakings; (g) Establishment and operation of Corporate Offices; (h) Establishment of Service apartments, paying guest accommodation; (i) Establishment and operation of Shared office and living spaces; (j) Establishment and operation of Hospitals and nursing homes; (k) Establishment and operation of Resthouses; (l) Establishment and operation of Theatres, fairs, circuses and places of public amusement; (m) Establishment and operation of Milk Trade; (n) Keeping of animals and birds; (o) Establishment of Stables, cattle sheds and cow houses; (p) Providing for Places for burial of the dead; (q) Establishment of Food trucks or any cart stands; (r) Erection of Advertisements in public places (2) The manner of procuring license for matter pertaining to subjects specified under sub section (1) shall be provided for under the Rules or Byelaws.

The State Government or the Central Government shall not be required to procure a license from the Corporation in respect of any place in the occupation or under the control of or any property belonging to such Government.

(1)Whenever it is provided in this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which and the restrictions and conditions subject to which, the same is granted, and shall be given under the signature of the Zonal Commissioner or of a Corporation officer empowered to grant the same for that particular zone. (2) Every application for a license or permission shall be addressed to the Zonal Commissioner every such license or written permission granted, shall be subject to payment of such fee as may be fixed by the corporation in such manner as may be prescribed, different rates may be fixed for different licences or permission by the Corporation (3) Any license or written permission granted under this Act may be suspended or revoked by the Zonal Commissioner, if any of its restrictions or conditions are infringed or evaded by the person to whom the same has been granted or if the said person is convicted of an infringement of any of the provisions of this Act or of any bye-law made hereunder in any matter to which such licence or permission relates. (4) If any premises are used in contravention of the terms of the license granted or is being used even after the license has been suspended or revoked by the Zonal Commissioner, the Zonal Commissioner may at any time by written notice require that the same shall be discontinued by the person so using it.

If the Zonal Commissioner is of the opinion that any eating House, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary

The Zonal Commissioner shall make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, flesh, fish, fruit, vegetables, corn, bread, flour, 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 preparation for sale.

(1)The Zonal Commissioner or any person authorized 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. (2) If the Zonal 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. (3) No claim shall lie against the Zonal 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. (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.

(1) Any person aggrieved by any notice issued or action taken or proposed to be taken by the Zonal Commissioner under section 310 may appeal to the Chief Commissioner. (2) The decision of the Chief Commissioner shall be final.

In any case in which no time is laid down in the foregoing provisions of this Act for the presentation of an appeal allowed thereunder such appeal shall be presented,- (a) where the appeal is against an order granting a licence or permission, within sixty days after the date of the publication of the order on the notice board of the corporation; and (b) in other cases within sixty days after the date of receipt of the order or proceeding against which the appeal is made.

The Zonal Commissioner may summon any person to attend before him, and to give evidence or produce documents, as the case may be, in respect of any question relating to taxation, or inspection, or registration or to the grant of any licence or permission under the provisions of this Act

(1) If, under this Act, or any rule, bye-law or regulation made under it the licence or permission of the Corporation, the standing committee or Zonal Commissioner or registration in the office of the Corporation is necessary for the doing of any act, and if such act is done without such licence or permission or registration then,- (a) the Zonal Commissioner may, by notice, require the person so doing such act to alter, remove, or as far as practicable restore to its original state the whole or any part of any property, movable or immovable, public or private, affected thereby within a time to be specified in the notice. (b) the Zonal Commissioner or any officer duly authorised by him may also enter into or on any building or land where such act is done and take all such steps as may be necessary to prevent the continuance of such act; and (c) if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall be liable on conviction by a magistrate to a fine not exceeding Rs. 50,000 for every such offence. (2) No claim shall lie against the Zonal Commissioner or any other person for any damage or inconvenience caused by the exercise of the power given under this section or by the use of the force necessary for the purpose of carrying out the provisions of this section.

(1) The Chief Commissioner may recover any reasonable expenses incurred under section 358 from the person or any one of the persons to whom the notice, requisition or order was addressed in the same manner as the tax on buildings or lands and may in executing work or taking measures under section 358 utilise any materials found on the property concerned or may sell them and apply the sale proceeds in or towards the payment of the expenses incurred. (2) If the person to whom notice is given is the owner of the property in respect of which it is given, the Chief Commissioner may (whether any action or other proceeding has been brought or taken against such owner or not) require the person if any, who occupies such property, or any part thereof, under the owner to pay to the corporation instead to the owner the rent payable by him in respect of such property, as it falls due, upto the amount recoverable from the owner under sub-section (1) or to such smaller amount as the Chief Commissioner may think proper, and any amount so paid shall be deducted from the amount payable by the owner. (3) For the purpose of deciding whether action should be taken under subsection (2) the Chief Commissioner may require any occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable; and such occupier shall be bound to furnish such information. (4) The provision of this section shall not affect any contract made between any owner and occupier respecting the payment of expenses of any such work as aforesaid.