Chapter XX LICENCES AND FEES

EXEMPTION OF GOVERNMENT FROM TAKING OUT LICENCE.— Nothing in this Chapter shall be construed to require the State Government or the Central Government to take out a licence in respect of any place in the occupation or under the control of or any property belonging to such Government.

CONDITIONS PRECEDENT TO GRANT OR RENEWAL OF LICENCE.— NOTWITHSTANDING anything contained in this Act or any other law, the Secretary may refuse to grant or renew a licence under the provisions of this Act or any other law which authorizes him to issue a licence, if the person applying for the licence has made default in the payment of any taxes or fees payable by him to the Municipality,

LICENCES FOR PLACES IN WHICH ANIMALS ARE KEPT LICENCES FOR PLACES IN WHICH ANIMALS ARE KEPT.—

1. (1) The owner or occupier of any stable, veterinary, infirmaty, stand, shed, yard or other place in which quadrupeds are kept or taken in for purposes of profit, shall, in the first month of every year, or in the case of a place to be newly opened, within one month before the opening of such place, apply to the Secretary for a licence for the use of the same for any such purpose of profit.
2. (2) The Secretary may, by order an subject to such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
3. (3) No person shall without or otherwise than in conformity with a licence, use place for such a purpose.

General powers of control over stables, cattle sheds and cow houses.—

1. (1) All stables, cattle sheds and cow houses shall be under the survey and control of the Secretary as regards their site, construction, materials and dimensions.
2. (2) The Secretary 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.
3. (3) Every notice under sub-section (2) shall be addressed to the owner of the building or land to which the stable, cattle shed or cow house is located.
4. (4) The expense of executing any work in pursuance of any such notice shall be borne by the said owner.

POWER TO DIRECT DISCONTINUANCE OF USE OF BUILDING AS STABLE, CATTLE SHED OR COW HOUSE.— Where any stable, cattle shed or cow house is not constructed or maintained in the manner required by or under this Act, the Secretary may, by notice, for reasons to be recorded therein direct that the same shall no longer be used as a stable, cattle shed or cow house.

PURPOSE FOR WHICH PLACES MAY NOT BE USED WITHOUT LICENCE.—

1. (1) A Municipality may notify by publication in the Gazette or in any other manner as may be prescribed that no place within the Municipal area shall be used for any one or more of the purposes specified [in the rules made in this behalf) or for any other trade without licence and except in accordance with the conditions specified therein and where the licence is for running hostels, restaurants, eating houses, coffee houses, Abkari shop, laundries, travel agency or barber saloons, the licence shall always contain and be deemed to contain a condition that admission or service therein shall be available to any member of the public: Provided that no notification under this sub-section shall take effect before the expiry of sixty days from the date of its publication.
2. (2) The owner or occupier of every such place shall within thirty days of the publication of the notification apply to the Secretary for a licence for the use of such place for such purpose.
3. (3) The Council shall, within thirty days from the date of receipt of the application, by order and subject to such terms and conditions as it deems fit, either grant a licence for the use of a place forconducting a dangerous oroffensivetrade orinthe interest of the public refuse to grant such licence. (3 A) The Secretary shall, within fifteen days from the date of receipt of the application, by order and subject to such terms and condition as he deems fit, either grant licence forusing a place to conducta commontrade orinthe interest of the public refuse to grant such licence.
4. (4) The periods of licence granted under sub-section (3) and (3A) or a licence deemed to have been granted under subsection (6) shall, unless a date is specified therein, expire on completion of three years from the date of its issue.
5. (5) Every application for any licence orpermissionorfor itsrenewal under this Act orthe rulesor bye-laws made thereunder, shall be made not less than thirty days and not more than ninety days before the earliest day on which such licence or permission is required or the licence expires.
6. (6) ,
7. (7) &
8. (8) [x x x x ]

Consultation with the Municipality for establishing the Industrial estate or Industrial development area by the Government.— The Government or any agency controlled by the Government shall consult a Municipality before opening an Industrial Estate or Industrial Development Centre or Industrial Area or Industrial Growth Centre or Export Processing Sector or Industrial Park within the Geographical area of that Municipality.

Application to be made for construction, establishment or installation of factory, workshop or workplace in which steam or other power is to be employed.—

1. (a) to construct or establish any factory, workshop or work place in which it is proposed to employ steam power, water power or other mechanical power or electrical power or, any other factory which does not employ any such power; or
2. (b) to installs in any premises any machinery or manufacturing plants driven by steam, water or other power not being machinery or manufacturing plant [exempted by this Act or the rules made thereunder] shall, before beginning such construction or establishment make [an application to the Municipality in the prescribed form addressed to the Secretary] for permission to undertake the intended work.

1. (2) The application under sub-section (1) shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, workplace or premises and shall be accompanied by -
   • (i) a plan of the factory, workshop, work place or premises prepared in such manner as may be prescribed; and
   • (ii) such particulars as to the power, machinery, plant or premises as may be required by byelaws made in this behalf.
2. (3) The Secretary shall, as soon as may be, after the receipt of the application, report to the Council if the establishment of the factory or workshop or workplace or the installation of the machinery or manufacturing plant, for which permission is applied for, is objectionable by reason of causing nuisance or pollution due to the density of population in the neighborhood and the Council shall, after having considered the application and the reports of the Secretary and of such other authorities specified in sub-section (4) and as far as possible, any how, within a maximum period of 45 days from the date of receipt of the application,—
   • (a) grant the permission applied for absolutely or subject to such conditions as it deems fit; or
   • (b) refuse the permission for reasons to be recorded;
3. (4) The Council shall, before granting or refusing the permission under sub-section (3), obtain and consider,—
   • (a) if the factory or workshop or workplace or premises comes within the purview of the Factories Act, 1948 (Central Act 63 of 1948), a report of the Inspector of the Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948) or an officer of the Industries Department not below the rank of the Industries Extension Officer having jurisdiction over the area, regarding the adequacy of ventilation and light, the sufficiency of the height and dimensions of the rooms and doors, the suitability of the exits to be used in case of fire etc. in the plan of the factory or workshop or workplace or premises and such other matters as may be prescribed;
   • (b) if the connected load of the machinery proposed to be installed exceeds twenty-five horse power or the machinery and other institutions are of the nature that there is possibility to cause nuisance or pollution or the said industry is the one as specified in the seventh schedule, a report of the District Medical Officer of Health, regarding the possibility to cause nuisance or pollution; and.
   • (c) if the connected load of the machinery proposed to be installed exceeds twenty-five horse power or the said industry is the one included in the eighth schedule, a report of the Divisional Fire Officer or any other officer authorised by him, regarding the sufficiency of the planned fire prevention and fire fighting activities: Provided that if a declaration is given by the applicant recommended by the officer in the Industries Department or the Kerala State Pollution Control Board authorised for this behalf, to the effect that no pollution is involved in any industry, in respect of such industry report under clause (b) may not be required.
4. (5) More than nine workers shall not be employed on any day in any factory, workshop, workplace or premises unless the permission granted in respect thereof under sub-section (3) authorises such employment, or unless fresh permission under the said sub-section authorising such employment has been obtained.
5. (6) The grant of permission under this section-
   • (a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed be subject to such restrictions and control as may be prescribed, and
   • (b) shall not be deemed to dispense with the necessity for compliance with the provisions of section 387 and 389 or sections 398 and 399, as the case may be. Explanation.— The word "worker" in sub-section (2) and (5) shall, in relation to any factory, workshop, workplace or premises have the same meaning as in the Factories Act, 1948 (Central Act 63 of 1948).

[449. ABATEMENT OF NUISANCE FROM FACTORY, WORKSHOP ETC.—

1. (1) If the Secretary is of opinion that any factory, workshop or workplace or any machinery installed therein causes nuisance, he may direct the person in charge of such factory or workshop or workplace or machinery for the abatement of such nuisance within a reasonable time.
2. (2) The Council may, if required, obtain expert opinion regarding the assessment of nuisance or its abatement at the cost of the owner of the concerned factory or workshop or workplace or the person in charge of them.
3. (3) If there is a wilful default in the implementation of such direction or in the existing circumstances the abatement of nuisance is found impracticable, the Secretary may prohibit the working of the factory or workshop or workplace or machinery until necessary steps are being taken satisfactorily by the person concerned for the abatement of nuisance.]

[450. EXEMPTION.— Notwithstanding anything contained in Section 448 no permission of the Municipality shall be required for the installation of the following machinery or manufacturing units or Industrial units, as the case may be, namely:—

1. (a) Electrical and non-electrical appliances and machinery intended to be used for domestic or personal purposes;
2. (b) Electrical and non-electrical appliances installed for agricultural purposes;
3. (c) Static transformer stations, condenser stations and rectifier stations which will not require regular attention;
4. (d) portable drilling machines and portable machines used for construction purposes like concrete mixers;
5. (e) a mechanical device installed at workshop or workplace attached to educational institution or for scientific purposes
6. (f) mechanical devices introduced by the Kerala State Electricity Board for generation and transmission of electricity;
7. (g) installations of the Kerala Water Authority for Water Supply and sewerage;
8. (h) Industrial units, certified by the Industries Department of the Government or by the Kerala State Pollution Control Board as non-polluting industry and with machinery having capacity of less than five horse power;

1. (1) Industrial units in the area declared by the Government or the Government controlled agency as an Industrial Estate, Industrial Development Area, Industrial Development Plot, Industrial Growth Centre, Export Processing Zone or Industrial Park:

The Secretary may enter any factory, workshop or workplace The Secretary may enter any factory, workshop or workplace.—

1. (1) The Secretary or any person authorised by him in this behalf may enter any factory or workshop or workplace-
   • (a) at any time between sunrise and sunset;
   • (b) at any time when an industry is being carried on; and
   • (c) at any time by day or by night, if he has reason to believe that the provision under section 448 or section 449 are being violated.
2. (2) No claim shall lie against any person for any damage or inconvenience caused by the exercise of power under this section or by the use of any force necessary for the purpose of effecting an entrance under this section.

PROVISION OF MUNICIPAL SLAUGHTER HOUSE.—

1. (1) Every Municipality shall provide sufficient number of places for the use as municipal slaughter houses and may charge rents and fees at such rates as it may think fit for use thereof. But, if any complaint is received regarding the conduct of such slaughter houses from nearby residents, steps shall be taken to start such slaughterhouses only after examining such complaints in detail.
2. (2) The Municipality may-
   • (a) place such slaughter houses under the management of such persons as may appear to it proper for the collection of such rents and fees, or.
   • (b) farm out such collection on such terms and conditions as it may think fit for any period not exceeding three years at a time.
3. (3) The Municipality shall make necessary arrangements for maintaining the municipal slaughter houses in a hygienic manner and for the disposal of waste.

LICENCE FOR SLAUGHTER HOUSE.—

1. (1) The owner of any place within a municipal area which is used as a slaughter house for the slaughtering of animals or for the skinning or cutting up of any carcasses shall, in the first month of every year or in case of place to be newly opened, one month before the opening of the same, apply to the Secretary for a licence.
2. (2) The Secretary may, by order and subject to such restrictions and regulations as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.
3. (3) Every person to whom a licence has been issued under sub-section (2) shall maintain the slaughter house in a hygienic manner and make necessary arrangements for the disposal of waste, failing which, the Secretary shall cancel the said licence forthwith.

SLAUGHTER OF ANIMALS DURING FESTIVALS AND CEREMONIES.—

SLAUGHTER OF ANIMALS AND SKINNING OR CUTTING CARCASSES SLAUGHTER OF ANIMALS AND SKINNING OR CUTTING CARCASSES.—

1. (1) No person shall slaughter within a municipal area except in a public or licensed slaughter house any cattle, sheep, goat or pig for sale as food without or otherwise than in conformity with a licence from the Secretary. But no sale of meat as food, prepared after slaughtering, shall be made unless it is subjected to the inspection at the spot where slaughter was done by the officers prescribed.
2. (2) No person shall skin or cut up any carcass without or otherwise than in conformity with a licence from the Secretary or dry or permit to be dried any skin in such manner as to cause a nuisance.

REGULATION OF MILK TRADE.—

1. (1) No person shall without or otherwise than in conformity with a licence from the Secretary-
   • (a) carry on within a municipal area the trade or business of a dealer in or importer or seller or hawker of milk or dairy produce;
   • (b) use any place in a municipal area for the sale of milk or dairy produce; Provided that no such licence shall be granted to any person who is suffering from a dangerous disease.
2. (2) The licence under sub-section (1) may be granted on such conditions as the Secretary may deem necessary which may extend to the construction, ventilation, conservancy, supervision and inspection of the premises, within the municipal area where the animals from which the milk supply is derived are kept or for reasons to be recorded in writing be refused.

PUBLIC MARKET. — All markets which are acquired, constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets and such markets shall be open to all members of the public.

POWERS IN RESPECT OF PUBLIC MARKETS. —

1. (1) A Municipality may provide places for use as public markets.
2. (2) The Municipality may, in any public market, levy any one or more of the following fees at such rates and may place the collection of such fees under the management of such persons as may appear to it proper or may farm out collection of such fees for any period not exceeding three years at a time and on such terms and subject to such conditions as it may deem fit-
   • (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, pans or sands in such markets,
   • (c) fees on goods for sale brought to such markets on vehicles or pack animals or by head load;
   • (d) fees on animals brought for sale into or sold in such markets, and
   • (e) licence fees on brokers, commission agents, weighmen and measures practising their calling in such markets.
3. (3) The Municipality may, with the sanction of the Government close any public market or part thereof.

CONTROL OF SECRETARY OVER PUBLIC MARKETS.—

1. (1) No person shall, without the permission of the Secretary or, if the collection of fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.
2. (2) The Secretary may expel from any public market any person who or whose servant has been convicted for disobeying any bye-law, for the time being in force in such market and may prevent such person from further carrying on by himself or his servants or agents any trade or business in such market or occupying any shop, stall, or other place therein and may determine any lease or tenure which such person may posses in any such shop, stall or place.

LICENCE FOR PRIVATE MARKETS.—

1. (1) No person shall open a new private market or continue to keep open a private market except on a licence from the Municipality.
2. (2) Application for a licence under sub-section (1) shall be made by the owner of the place in respect of which the licence is sought to be renewed, not less than six weeks before the expiry of the period for which the licence has been granted and in the case of a new market, six weeks before the date on which the market is proposed to be opened.
3. (3) The Municipality shall, as regards private markets already established and may, at its direction as regards new private markets grant the licence applied for 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 market as it may think proper or it may, for reasons to be recorded in writing, refuse to grant any such licence for any new private market. The Municipality may, however at any time, modify the conditions of a licence to take effect from any specified date or suspend or cancel any licence for breach of any conditions thereof.
4. (4) Where a licence is granted, refused, modified, suspended or cancelled under this section, the Municipality shall cause a notice of such grant, refusal, modification, suspension or cancellation in English and the language of the locality 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. (5) Every licence granted under this section shall expire at the end of the year in which it is granted, EXPLANATION.— For the purpose of his section private market includes also a shopping complex having more than six shop rooms.

FEES FOR LICENCE.— Where a licence granted under section 460 permits the levy of any fees of the nature specified in sub-section (2) of section 458, a fee not exceeding 33 1/3 per cent of the gross income of the owner from the market in the preceding year shall be charged by a Municipality for such licence; Provided that-

1. (i) in the case of a market which was in existence only for a portion of the preceding year, the gross income of the owner from the market for the preceding years shall be deemed to be an amount which bears to the income of the portion of the year the same proportion as the whole year bears to the portion of the preceding year during which the market was in existence.
2. (ii) in the case of a new market, the licence fees fixed by a Municipality shall not be less than-

1. (a) fifty rupees where the area of the market is not more than ten ares;
2. (b) hundred rupees where the area of the market is above ten ares, but not more than twenty ares;
3. (c) one hundred and fifty rupees where the area of the market is above twenty ares.

SALE IN UNLICENSED PRIVATE MARKETS.— No person shall sell or expose for sale any animal or article in any unlicensed private market.

POWER OF MUNICIPALITY IN RESPECT OF PRIVATE MARKET.— A Municipality may, by notice, require the owner, occupier or farmer of any private market to-

1. (a) Construct approaches, entrances, passages gates, drains and cess pits or such market and provide it with latrines of such description and in such position and number as the Municipality may think fit.
2. (b) roof and pave the whole or any portion of it or pave any portion of the floor with such materials as will in the opinion of the Municipality secure imperviousness and ready cleansing;
3. (c) ventilate 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 markets as the Municipality may direct; and
5. (e) keep it in cleanly and proper state and remove all filth and refuse therefrom.

Suspension or refusal of licence in default.—

1. (1) Where any person after notice given to him in that behalf by the Municipality fails within the period and in the manner specified in the said notice to carry out any of the works specified in section 463, the Municipality may suspend the licence of the said person or may refuse to grant to him a licence, until such works have been completed.
2. (2) No person shall open or keep open any such market after suspension or refusal of the licence.

PROHIBITION OF NUISANCE IN PRIVATE MARKET.— No owner, occupier agent or manager in charge of any private market or of any shop, stall, shed or other place therein shall keep the same so as to cause a nuisance or shall fail to cause anything that is a nuisance to be at once removed to a place to be specified by the Municipality.

POWER TO CLOSE PRIVATE MARKET.— The Secretary or any officer duly authorised by him in that behalf may close any private market in respect of which no licence has been applied for or the licence for which has been refused, withheld or suspended or which is held or kept open contrary to the provision of this Act.

Acquisition of rights of private persons to hold private markets.—

1. (1) A Municipality may acquire the right of any person to hold a private market in any place and to levy fee therein and where the right to hold the market is acquired during the currency of a licence issued to such person, he shall be paid compensation for the unexpired period of the licence calculated on the basis of the profit he would have derived from the market, had his right to hold the market been not acquired.
2. (2) On such acquisition under sub-section (1), the rights of the person to hold the private market and to levy fees therein shall vest in the Municipality,

DUTY OF EXPELLING PERSONS SUFFERING FROM INFECTIOUS DISEASES ETC., FROM MARKET AND POWER TO EXPEL DISTURBERS.— The person in charge of a market shall prevent the entry therein or expel therefrom any person suffering 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 the sale therein and may expel therefrom any person who is creating disturbance therein.

BUTCHER’S FISHMONGER’S AND POULTERER’S LICENCE.—

1. (1) No person shall without or otherwise than in conformity with a licence from a Municipality [carry on the occupation of butcher, fishmonger or poulterer] or use any place for the sale of flesh or fish intended for human food in any place within a Municipal area: Provided that no licence shall be required for a place used for the selling or storing for sale of [preserved fish or flesh kept in airtight and scaled containers].
2. (2) The Secretary 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. (3) No person shall exhibit or expose to public view for sale or otherwise, the carcasses or animal or bird (whether dressed or not) in any licensed premises or in any other place in such a manner as to cause annoyance or offence to the sense of sight of public.
4. (4) Every licence granted under sub-section (2) shall, unless an earlier date is specified therein, expire at the end of the year in which it is granted.

Power to prohibit or regulate the sale of articles in public streets.—

1. (1) The Municipality may, prohibit, by public notice, or regulate by licence or otherwise the sale or exposure for sale, of any animals or articles in or on any public street or part thereof.
2. (2) Where any person exposes for sale any animal or articles in any public street or part thereof in contravention of any public notice issued under sub-section (1) or of the restrictions and conditions of a licence granted thereunder or of any regulation under the said sub-section, the Secretary may, without prejudice to any other action that may be taken against him under this Act, cause to be removed -
   • (a) such animal or articles, and
   • (b) any vehicle, package, box or any other thing on which the articles referred to in clause (a) is placed.
3. (3) Any animal caused to be removed by the Secretary under sub-section (2) may, notwithstanding that such animal is not a cattle as defined in the Kerala Cattle Trespass Act, 1961 (26 of 1961), be impounded and dealt with under the provisions of that Act.
4. (4) Any article, vehicle, package, box, or any other thing caused to be removed by the Secretary under sub-section (2) shall, unless the owner thereof turns upto take back such article, vehicle, package, box or other thing and pays to the Secretary the charges for the removal and storage thereof, be disposed of by the Secretary by public auction or in such other manner and within such time as the Secretary thinks fit.
5. (5) The charges for the removal and storage of the article, vehicle, package, box or other thing sold under sub-section (4) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the article, vehicle, package, box or other thing sold, on a claim being made thereof within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the municipal fund.

Decision on disputes as to whether places are markets.— Where any question arises as to whether any place within a Municipal area where person assemble for the sale or purchase of article of food or clothing or livestock or poultry, or coconut or palmyra product or other industrial crops or of any other raw or manufactured products is a market or not, the Municipality shall make a reference to the Government and the decision of the Government on the question shall be final.

Provision of public cart stands etc.—

1. (1) A Municipality may, subject to such [guidelines] as the Government may issue in this behalf, construct or provide public landing places, halting places and cart stands and may levy fees for the use of the same.
2. (2) The Municipality may-
   • (a) place the collection of any such fees under the management of such person as may appear to it to be proper; or
   • (b) farm out the collection of any such fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.
3. (3) A statement in English and the language of the locality, showing the fees fixed by the Municipality for the use of such place, shall be put up in a conspicuous part thereof. Explanation.— A cart stand shall, for the purposes of this Act, include a [bus stand, taxi stand, autorickshaw stand, lorry stand and stand for other vehicles and for animals].

PROHIBITION OF USE OF PUBLIC PLACE OR SIDES OF PUBLIC STREETS AS CART STAND ETC.— Where a Municipality has provided a public landing place, halting place or cart stand, the Secretary may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the Municipality of any public place or the sides of any public street, and may in addition to the penalty imposed by or under this Act seize and detain any cart, carriage or vessel plying in disobedience of such prohibition and may release it after obtaining satisfactory guarantee for the due observance of such prohibition.

RECOVERY OF CART STAND FEES ETC.—

1. (1) Where the fee leviable under sub-section(l) of section 472 in respect of a vehicle or animal 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 vehicle or animal as well, in his opinion, suffice to defray the amount due or in the absence of any such appurtenances or load or in the event of the value being insufficient to defray the amount due, may seize and detain the vehicle or animal.
2. (2) Any property seized under sub-section (1) shall be sent within twenty four hours to the Secretary or to such person as he may authorise to receive and sell such property and the Secretary or such person shall forthwith give notice to the proprietor of the property seized or, where the proprietor is not known or is not a resident of the municipal area, to the person who was in charge of the said property at the time when it was seized or, where such person cannot be found, publish, in such manner as may be prescribed, that after the expiry of two days, excluding Sunday if any, from the date of service or publication of such notice, the property will be sold by auction at a place to be specified in the notice.
3. (3) Where at any time before the sale has begun, the amount due on account of the fee, together with such sum as may be fixed by the Secretary or the person authorised under sub section (1), towards expenses incurred in connection with the seizure and detention, is tendered to the Secretary or such person, the property seized shall forthwith be released.
4. (4) Where no such tender is made, the property may be sold and the proceeds of the sale applied to the payment of-
   • (i) the amount due on account of the fee;
   • (ii) such penalty not exceeding the amount of the fee as the Secretary may direct; and
   • (iii) the expenses incurred in connection with the seizure, detention and sale.
5. (5) The balance of the sale proceeds, if any, shall be kept as a deposit for a period of one year from the date of sale and if not claimed within that period shall be credited to the municipal fund.

LICENCE FOR PRIVATE CART-STAND.—

1. (1) No person shall open a new private cart- stand or continue to keep open a private cart-stand without a licence from the Municipality.
2. (2) An application for a licence under sub-section (1) shall be made by the owner of the place in respect of which the licence is sought, no less than six weeks before such place is proposed to be opened as a cart-stand.
3. (3) The Municipality shall, as regards private cart-stands already lawfully established and may, at its discretion, as regards new private cart-stands, grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to conservancy as it may think proper, or it may, for reasons to be recorded in writing, refuse to grant any such licence for any new private cart-stand. The Municipality may, however, at any time modify the conditions of a licence to take effect from any specified date or suspend or cancel any licence granted under this section for breach of the conditions thereof.
4. (4) Where a licence is granted, refused, modified, suspended or cancelled under this section, the Municipality shall cause a notice of such grant, refusal, modification, suspension or cancellation in English and the language of the locality, 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. (5) The Municipality may levy for every licence granted under this section a fee not exceeding [three thousand rupees] per annum.
6. (6) Every licence granted under this section shall expire at the end of the year in which it is granted.

DUTY OF SECRETARY TO INSPECT.— The Secretary 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.

POWER OF SECRETARY FOR PURPOSES OF INSPECTION.—

1. (1) The Secretary 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.
2. (2) Where the Secretary or any person authorised by him has reason to believe that in any place any animal intended for human food is being slaughtered or any carcasses, 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 laws, byelaws or regulations or any condition of a licence is being contravened.
3. (3) No claim shall lie against the Secretary or any person acting under his authority or the Municipality for any damage or inconvenience caused by the exercise of powers under this section or by the use of any force necessary for effecting an entry into any place under this section.
4. (4) In any legal proceeding in respect of the powers exercised under this section in which it is alleged that any animal, 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.

PREVENTING INSPECTION BY SECRETARY,— No person shall, in any manner whatsoever, prevent the Secretary or any person authorised by him from exercising the powers under section 477.

POWER OF SECRETARY TO SEIZE disc-eased ANIMAL, NOXIOUS FOOD, ETC.— Where any animal, poultry or fish intended for food appears to the Secretary or to the person authorised by him, to be diseased, or any food appears to him to be noxious, or if any vessel or utensil used in manufacturing, preparing or containing such articles appears to be of such kind or in such state as to render the article noxious, he may seize or carry away or secure such animal, article of food, utensil or vessel, in order that same may be dealt with as hereinafter provided, Explanation.— Meat subject to the process of blowing shall be deemed to be noxious,

REMOVING OR INTERFERING WITH ARTICLES SEIZED.—

POWER TO DESTROY ARTICLES POWER TO DESTROY ARTICLES.—

1. (1) Where any animal or article of food is seized under section 479, it may, with the consent of the owner or person in whose possession it was found, be forthwith destroyed in such manner as to prevent it being used for human food or exposed for sale, and where the article is perishable, without such consent.
2. (2) Any expenses incurred in destroying any animal or article under sub-section (1) shall be paid by the owner thereof or person in whose possession it was at the time of its seizure.

PRODUCTION OF ARTICLE SEIZED BEFORE MAGISTRATE AND POWER OF MAGISTRATE TO DEAL WITH THEM.—

1. (1) Articles of food, animals, poultry, fish, utensils or vessels seized from a Municipal area under section 479 and not destroyed under section 481 shall, as soon as possible, be produced before a Magistrate of the First Class having jurisdiction in that area.
2. (2) Where the Magistrate, whether on a complaint or otherwise, on taking such evidence as he considers necessary, is of opinion 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 479, he may order the same -
   • (a) to be forfeited to the Municipality;
   • (b) to be destroyed at the expense of the owner thereof or persons 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 article as aforesaid.

Registration or closing of ownerless places for disposal of the dead.—

1. (1) Every owner or person having control of any place used at the commencement of this Act as a place for burial, burning, or otherwise disposing, of the dead, shall, where such place is not already registered, apply to the Municipality to have such place registered.
2. (2) Where it appears to the Municipality that there is no owner or person having control of such place, it shall assume such control and register such place or may, with the sanction of the Government, close it.

Licensing of places for disposal of the dead.—

1. (1) No new place for the disposal of the dead, whether public or private, shall be opened, formed, constructed or used except on a licence from the Municipality.
2. (2) An application for a licence under sub-section (1) shall be accompanied by a plan of the place to be registered showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the Municipality may require.
3. (3) On receipt of an application under sub-section (2) the Secretary shall,—
   • (a) send the application to the Municipal Health Officer where the Municipality has appointed a Municipal Health Officer, and in other cases, to the District Medical Officer of the Health Department having jurisdiction over the area and to the concerned District Collector for their opinion on the application; and
   • (b) publish a public notice inviting objections and suggestions, if any regarding the application.
4. (4) The Municipality, after considering the views of the officers under sub-section (3) and all other objections and directions received before the date specified in the notice, may—
   • (a) grant or refuse to grant a licence; or
   • (b) postpone the grant of a licence, until objections to the site have been removed or any particulars called for by it having been furnished.

PROVISION OF BURIAL AND BURNING GROUNDS AND CREMATORIA WITHIN OR WITHOUT MUNICIPAL AREA.—

1. (1) Every Municipality shall, where there is no necessary land or arrangement to be used as burial or burning grounds or crematoria, arrange land to be used as burial or burning grounds or crematoria within or outside the limits of the Municipal area, by meeting the expense from the Municipal fund, in accordance with the provisions of Section 484 and may charge rent and fees for the use thereof: Provided that in providing burial or burning grounds or crematoria outside the limits of the Municipal area, the opinion of the District Medical Officer also shall be sought and the prior permission of the Local Self Government Institution, within the area of which it is intended to be provided, shall be obtained.
2. (2) The Municipality may farm out the collection of such rents and fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.
3. (3) Where the Municipality provides any such place without the limits of its municipal area, all the provisions of this Act and all bye-laws framed thereunder for the management of such places within the municipal area shall apply to such place.

Burial and burning grounds to be at distant places from residential buildings.— No Municipality shall grant a licence under Section 484 for using any place as crematoria for burial or burning of dead bodies within a distance of fifty metres from residential buildings or utilise for such purposes under Section 485:

REGISTER OF REGISTERED, LICENSED AND PROVIDED PLACES AND PROHIBITION OF USE OF OTHER PLACES REGISTER OF REGISTERED, LICENSED AND PROVIDED PLACES AND PROHIBITION OF USE OF OTHER PLACES.—

1. (1) A register shall be kept at the office of the Municipality in which the places registered, licensed, or provided under sections 483, 484 and 485 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.
2. (2) A notice that such place has been registered, licensed or provided as aforesaid shall be affixed in English and in the language of the locality to some conspicuous places at or near the entrance to the burial ground or other place as aforesaid.
3. (3) No person shall bury, burn or otherwise dispose of any corpses except in a place which has been registered, licensed or provided as aforesaid: Provided however that the Secretary may permit any burial or burning in private ground in individual cases. Provided further that the Secretary shall not give any permission without considering the objections, if any, received from any owner of the land adjacent to the land where the burial or burning is intended to be done or from any other neighbours.

REPORT OF BURIALS AND BURNINGS.— The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal of the corpse at such places to any person appointed by the Secretary in that behalf.

Prohibition of the use of burial and burning grounds which are harmful to health or are overcrowded with graves.—

1. (1) Where a Municipality is satisfied that—
   • (a) any registered or licensed place for the disposal of the dead is in such a state or situation as to be or likely to become harmfull to the health of persons living in the neighbourhood thereof; or
   • (b) any burial ground is overcrowded with graves and if in the case of a public burial 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, it may, with the previous sanction of the Government, give notice that it shall not be lawful after a period to be specified in such notice to bury, burn or otherwise dispose of any corpse at such place.
2. (2) Every notice given under sub-section (1) shall be published in the Gazette and in such other manner as may be prescribed.
3. (3) After the expiry of the period specified in such notice no person shall bury, burn or otherwise dispose of a corpse at such place.

Prohibition in respect of corpses.—

1. (1) No person shall-
   • (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 not less than two metres deep from the surface of the ground; or,
   • (b) build or dig, or cause to be built or dug any grave in any burial ground at a distance not less than one metre, from the margin of any other existing grave; or
   • (c) without the sanction in writing of the Secretary or an order in writing of a Magistrate, of competent jurisdiction, reopen a grave already occupied; or
   • (d) convey or cause to be conveyed a corpse or part thereof to a 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
   • (e) when burning or causing to be burnt a corpse or part thereof permit the same or any part thereof or its clothes to remain without being completely reduced to ashes; or
   • (f) carry through any street a corpse or part thereof not decently covered; or
   • (g) while carrying a corpse or part thereof within the municipal area leave the same in or near any street for any purpose whatever; or
   • (h) remove, otherwise than in a closed receptacle, any corpse or part thereof kept or used for the purpose of dissection. 490. [x x x x] [x x x x ]

DISPOSAL OF UNCLAIMED DEAD BODIES.— Notwithstanding anything contained in any other law or direction for the time being in force the Secretary shall arrange for the disposal of unclaimed dead bodies found within his jurisdiction and may incur the expenditure therefore:

GENERAL PROVISIONS REGARDING LICENCES AND PERMISSIONS GENERAL PROVISIONS REGARDING LICENCES AND PERMISSIONS.—

1. (1) Every licence and permission granted under this Act or any rule or bye-law made thereunder shall specify the period, if any, for which, and the restrictions, limitations and conditions, subject to which, the same is granted and shall be signed by the Secretary.
2. (2) Every licence issued by the Secretary shall specify the person to whom, the premises in respect of which, and the trade or business or undertaking for which the licence is granted and for any change in the person, the premises or the business, trade, or undertaking, a fresh licence or permission shall be taken with or without payment of further fee as the Municipality may fix.
3. (3) Where any person intending to obtain a licence or permission for the first time and where the applicant is a person other than the owner of the premises in question, he shall, along with the application produce the written consent of the owner of the premises and the period of the licence shall not exceed the period, if any, specified in the consent.
4. (4) Where the applicant seeking renewal of a licence or permission in respect of the trade or business licensed in the premises mentioned in sub-section (3) is a person different from the original licensee or not the legal heir of the original license the consent of the owner shall be required.
5. (5) Save as otherwise expressly provided by or under this Act, for every such licence or permission, fees may be charged on such units and at such rates as may be fixed by the Municipality with due regard to the expenditure to be incurred for rendering service to the trade and for regulation of the trade for which the licence or permission is granted.
6. (6) The Municipality may—
   • (a) place the collection of such fees under management of such person as may appear to it proper; or
   • (b) farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.
7. (7) Every order of a Municipality refusing to grant or suspending, revoking or modifying a licence or permission shall be published on the notice board of the Municipality.
8. (8) Every order of a Municipality refusing to grant, or suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds.
9. (9) Subject to the provisions in this Chapter and regarding buildings and private markets and subject to such sanction as may be required for the refusal of a licence or permission, any licence or permission granted under this Act or any rule or bye-law made thereunder, may, at any time, be suspended or revoked by the Secretary if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act or of any rule, bye-law or regulation made thereunder in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud.
10. (10) It shall be the duty of the Secretary to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset and sunrise if it is open to the public or any industry is being carried on in it at the time and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may, at any time, by day or night, without notice, enter such place for the purpose of satisfying himself whether any provision of law, rule, bye-law, regulations, any condition of a licence or permission or any lawful directions, regulations, or prohibition is being contravened, and no claim shall lie against any person for any damage or inconvenience caused by the exercise of powers under this sub-section by the Secretary or any person to whom he has lawfully delegated his power or by any force necessary for effecting an entrance under this sub-section.
11. (11) Where any licence or permission is suspended or revoked or where the period for which it was granted or within which application for renewal should be made, has expired, whichever expires later, the grantee shall for all purposes of this Act or any rule or bye-law made thereunder be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled or, subject to sub-section (15) until the licence or permission is renewed, as the case may be.
12. (12) Every grantee of any licence or permission shall, at all reasonable times, while such licence or permission remains in force, produce the same when demanded by the Secretary.
13. (13) Where any person is convicted of an offence in respect of the failure to obtain a licence or permission or make a registration required by the provisions of this Act or any rule or bye-law made thereunder, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the Municipality the amount of the fee chargeable for the licence or permission or registration and, may in his discretion also recover summarily and pay over to the Municipality such amount, if any, as he may fix as the costs of the prosecution.
14. (14) Recovery of the fee under sub-section (13) shall not entitle the person convicted to a licence or permission or to registration under this Act.
15. (15) The acceptance by the Municipality of the prepayment of the fee for a licence or permission or for registration shall not entitle the person making such prepayment to the licence or permission or to registration, as the case may be, but only to refund of the fee in case of refusal of the licence or permission or of registration, but an applicant for the renewal of a licence or permission or registration shall until communication of orders on his application be entitled to act as if the licence or permission or registration had been renewed, and save as otherwise specially provided in this Act, if orders on an application for licence or permission or for registration are not communicated to the applicant within thirty days after the receipt of the application by the Secretary, the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application, and subject to the law, rules, bye-laws, regulations and all conditions ordinarily imposed.