Chapter XXIII LICENSES AND FEES

(1) The Commissioner shall have the power to grant license in matters pertaining to the following subjects, namely:-

1. (a) Establishment and operation of Markets either whole sale or retail;
2. (b) Establishment and operation of Trade Establishments;
3. (c) Establishment and operation of Slaughter houses;
4. (d) Establishment and operation of Restaurants;
5. (e) Establishment and operation of Industries;
6. (f) Establishment and operation of Commercial under takings;
7. (g) Establishment and operation of Corporate Offices;
8. (h) Establishment of Service apartments, paying guest accommodation;
   • (i) Establishment and operation of Shared office and living spaces;
9. (j) Establishment and operation of Hospitals and nursing homes;
10. (k) Establishment and operation of Rest houses;
11. (l) Establishment and operation of Theatres, fairs, circuses and places of public amusement;
12. (m) Establishment and operation of Milk Trade;
13. (n) Keeping of animals and birds;
14. (o) Establishment of Stables, cattle shed sand cow houses;
15. (p) Providing for Places for burial of the dead;
16. (q) Establishment of Food trucks or any cart stands; and
17. (r) Erection of Advertisements in public places.

1. (2) The manner of procuring license for matter pertaining to subjects specified under sub-section (1) shall be provided for under the Rules or Bye- laws.

The State Government or the Central Government shall not be required to procure any license from the City 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 Commissioner, who is empowered to grant the same for the City Corporation of a particular zone.

1. (2) Every application for a license or permission shall be addressed to the Commissioner of the City Corporation and every such license or written permission granted, shall be subject to payment of such fee as may be specified by the City Corporation in such manner as may be prescribed, and different rates may be fixed for different licences or permission by the City Corporation.
2. (3) Any license or written permission granted under this Act may be suspended or revoked by the Commissioner of the City Corporation, if property tax or any other taxes or dues remain unpaid or any of the prescribed 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 there under in any matter to which such licence or permission relates.

1. (4) If any premise is 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 Commissioner of the City Corporation, he may at any time by written notice require that the same shall not be continued by the person so using it.

If the 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, including sealing of the premises or the property, as he may consider necessary.

The 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.

The Commissioner or any person authorized by the Commissioner 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

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 authorized 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 City 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 in to any place under this section.

1. (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 Commissioner under this Chapter may appeal to the Chief Commissioner, Greater Bengaluru

Authority.

1. (2) The decision of the Chief Commissioner shall be final.

The period of limitation for the

The 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 City Corporation, the Standing Committee or the Commissioner, the registration in the office of the City Corporation shall be necessary for the doing of any act, and if such act is done without such licence or permission or registration then,-

1. (a) the 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 the time specified in the notice;
2. (b) the Commissioner or any officer duly authorised by him may 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

1. (c) if no penalty has been specially provided in this Act for so doing such act, the person so doing shall be liable on conviction by a magistrate to a fine not exceeding fifty thousand rupees for every such offence.

1. (2) No claim shall lie against the 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 Commissioner may recover any reasonable expenses incurred 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 308, 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.

1. (2) If the person to whom notice is given is the khatadar of the property in respect of which it is given, the Commissioner may (whether any action or other proceeding has been brought or taken against or not) require the person

respect of such property, as it falls due, up to the amount recoverable from the owner under sub-section (1) or to such smaller amount as the Commissioner may think proper, and any amount so paid shall be deducted from the amount payable by the owner.

1. (3) For the purpose of deciding whether action may be taken under sub- section (2) the 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.
2. (4) The provision of this section shall not affect any contract made between any khatadar and occupier respecting the payment of expenses of any such work as aforesaid.