Vidhi Codex

section 229

Certain offensive and dangerous trades not to be established within the limits to be fixed by the Board without license

The Meghalaya Municipal Act, 1973
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Statutory text
  1. (1) Within such local limits as may be fixed by the Board at a meeting, no place shall be used with out license from the Board which shall be renewable annually, for any of the following purposes, namely:-
    • (a) meeting tallow;
    • (b) boiling offal or blood;
    • (c) skinning or disemboweling animal;
    • (d) the manufacture of bricks, pottery, tiles or lime in a kiln, panja or clamp or by any other similar method;
    • (e) as a soap-house, oil boiling house, dyeing house;
    • (f) as tannery, slaughter-house;
    • (g) as a manufactory or place of business from which the offensive or unwholesome odour may arise;
    • (h) as a yard or depot for hay, straw, bamboo, thatching gram, jute or other dangerously inflammable material for the purpose of any trade;
      • (i) any store-house for kerosene, petroleum, naptha, coaltar or any inflammable oil or spirit or wholesale stock of matches exceeding one hundred gross;
    • (j) as a shop for the sale of meet;
    • (k) as a place for the storage of rags or bones, or both;
    • (l) tea stall;
    • (m) sweetmeat stall;
    • (n) hotel or eating house;
    • (o) aerated water;
    • (p) bakery, including biscuit factory.
  2. (2) Such license shall not be withheld unless the Board has reason to believe that the business which it is intended to establish or maintain would be offensive or dangerous to persons residing in or frequenting the neighbourhood.
  3. (3) The Board at a meeting may, subjectto such restrictions, if any, as it may impose, extend the provisions of this section to yards or depots for trade in coal, coke, timber or wood.
  4. (4) The grant of a license for the purposes mentioned in clause (i) of sub-section (1) shall be consistent with the provisions of the Indian Petroleum Act, 1899 (Act VIII of 1899), and no such license shall be granted unless the said provisions have compiled with by the applicant for the license. NOTES Section 299-The Board is a statutory authority constituted under the Act. In refusing renewal of a license, under sub-section (2) of this section, it exercise a statutory power affecting the right of a citizen to carry on trade or business. When the Board directs a person to close down his established hotel or restaurant such an order certainly involves civil consequences. Even though the Board’s order may be administrative in character, it has to be made consistently with the principles of natural justice, in as much as it involves civil consequences so far as the affected citizen is concerned.

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