Consequences of failure to obtain licences, etc., or of breach of the same

Consequences of failure to obtain licences, etc., or of breach of the same.

1. (1) Where, under this Act or any rule, bye- law or regulation made thereunder, the licence permission of the Municipality or the Secretary of registration with the Municipality is necessary for the doing of any act and where such act is done without such licence or permission registration or in a manner inconsistent with the terms of any such licence or permission-
   • (a) the Secretary may, by notice, require the person doing such act to alter, remove, 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; or
   • (b) the Secretary or any officer duly authorised by him may enter 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.
2. (2) Where the notice under sub-section (1) is not complied with, the Secretary may seize the unlicensed article or articles kept in unlicensed premises and all the articles seized shall be disposed of in the manner provided for the disposal of articles seized under section 474; Provided that where the articles are released, an undertaking shall be obtained from the person obtaining the release that he shall comply with the provisions relating to licence, permission or registration under this Act or any rule, bye-law or regulation made thereunder or the terms of the licence, permission or registration as the case may be.
3. (3) Where no penalty has been specifically provided in this Act for the doing of such act, the person so doing shall be liable, on conviction, to a fine not exceeding five hundred rupees for such offence.
4. (4) No claim shall lie against the Secretary or any other person authorised by him for any damage or inconvenience caused by the exercise of the power under this section or by use of force necessary for the purpose of carrying out the provisions of this section.
5. (5) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Secretary or any officer authorised by him in writing in this behalf may, if satisfied that immediate action is necessary, cause it to be closed any trade, business or premises which is held or kept open, in respect of which a licence, permission or registration has to be obtained under the provisions of this Act or any other Act from the Municipality, but has not been so obtained or the licence, permission or registration has been refused, withheld, revoked or suspended.