Opening of new private markets.

1. (1) The corporation shall from time to time determine whether the establishment of new private markets shall be permitted in 7[Brihan Mumbai] or in any specified portion of the 8[Brihan Mumbai].
2. (2) No person shall establish a new private market for the sale of, or for the purpose of exposing for sale, animals intended for human food, or any other article of human food, except, with the sanction of the Commissioner, who shall be guided in giving such sanction by the decisions of the corporation at the time in force under sub-section (1). 9[The owner or occupier of a place in which a private market is established shall, for the purposes of this sub-section, be deemed to have established such market.]
3. (3) When the establishment of a new private market has been so sanctioned, the Commissioner shall cause a notice of such sanction to be affixed in the English, Marathi, Gujarati, 10[Hindi] and Urdu languages on some conspicuous spot on or near the building or place where such market is to be held. 403. 11[Private markets not to be kept or permitted to be kept open and no place to be used or permitted to be use as slaughter-house, without licence].— (1) No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf—
   • (a) keep open 12[or permit to be kept open] a private market;
   • (b) use 13[or permit to be used] any place in 14[Brihan Mumbai] as a slaughter-house or for the slaughtering of any animal intended for human food;
   • (c) use 15[or permit to be used] any place without 16[Brihan Mumbai] whether as a slaughter- house or otherwise, for the slaughtering of any animal intended for human food to be consumed in 17[Brihan Mumbai].
4. (2) Provided that— The words “the Provincial Govrnment” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “Greater Bomaby” by Mah. 25 of 1996, s. 2, Schedule. The words “the Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words, brackets and figures were inserted by Mah. 31 of 2018, s. 3. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bomaby” by Mah. 25 of 1996, s. 2, Schedule. These words were added by Bom. 5 of 1938, s. 39. This word was inserted by Mah. 21 of 1989, s. 46. This marginal note was substituted for the original by Bom. 20 of 1952, s. 16(2). These words were inserted by Bom. 5 of 1938, s. 40. These words were inserted by Bom. 5 of 1938, s. 40. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Bom. 5 of 1938, s. 40. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

322 The Mumbai Municipal Corporation Act [1888 : III

1. (d) the Commissioner shall not refuse, cancel or suspend any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation framed under section 406 or with some by-law made under this Act, at the time in force and shall not cancel or suspend any such licence without the approval of 1[the Standing Committee]. 2[(dd) the Commissioner may with the previous approval of 3[the Standing Committee] cancel or suspend, any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing, shed, pen or other place therein;]
2. (e) nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he think fit, on the occasion of any festival or ceremony or under special circumstances; 4[(f) the Commissioner may suspend the licence of a trader, an owner of a private market or of an abattoir for a period not exceeding sixty days if it is found that the trader or the owner of the private market or, as the case may be, the abattoir is not taking proper measures to keep the premises clean or is not disposing the trade refuse including carcass of dead animals in the proper manner.] 5[(2A) Any animal or flesh intended for human food found in the possession of any person contravening the provisions of clause (b) or (c) of sub-section (1) may be seized by the Commissioner or any municipal officer or servant or by any police officer and any such animal or flesh may be sold or otherwise disposed of as the Commissioner shall direct. The proceeds, if any, arising from such sale shall belong to the Corporation. (2B) For the purposes of this section, the owner or occupier of any place which is habitually used for the slaughter of animals intended for human food shall be deemed to have used or permitted to be used such place for the slaughter of animals unless he proves that the place was so used without his knowledge.]

1. (3) When the Commissioner has refused, cancelled or suspended any licence to keep open a private market, he shall cause a notice of his having so done to be affixed in the English, Marathi, Gujarati, 6[Hindi] and Urdu languages on some conspicuous spot on or near the building or place where such market has been held.