Chapter XV LICENCES AND FEES

1. (1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard, or other place in which quadrupeds are kept or taken in for purposes of profit shall apply to Executive Council for a licence not less than thirty and not more than ninety days before opening of such place, or the commencement of the year for which the licence is sought to be renewed, as the case may be.
2. (2) The Executive Council may, by an order and under such restrictions and regulations as it thinks fit, grant or refuse to grant such licence.
3. (3) No person shall without or otherwise than in conformity with a licence use any place for such purpose.

General powers of control over stables, cattle-sheds and cow-houses:

1. (1) All stables, cattle-sheds, pig sheds and cow-houses shall be under the survey and control of the Executive Officer as regards their site, construction, materials and dimensions.
2. (2) The Executive Officer may by notice require that any stable, cattle-shed, pig sheds or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of it being sufficiently cleaned or be supplied with water, or be connected with a sewer, or be demolished.
3. (3) Every such notice shall be addressed to the owner of the building or land to which the stable, cattle-shed, pig sheds or cow-house belongs, or for the use of the occupant of which the same was constructed or is continued.
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 buildings as stable, cattle-shed or cow-house: If any stable, cattle-shed, pig sheds or cow-house is not constructed or maintained in the manner required by or under this Act the Executive Officer may by such notice direct that the same shall no longer be used as a stable, cattle-shed, pig sheds or cow-house.

Purposes for which places may not be used without licence Purposes for which places may not be used without licence:

1. (1) The Executive Council may publish a notification in the district gazette that no place within municipal limits or at a distance within three miles of such limit shall be used for anyone or more such industries or factories as may be specified in the notification without the licence of the Executive Council and except in accordance with the conditions specified therein: Provided that no such notification shall take effect
   • (a) until sixty days from the date of publication, and
   • (b) except with the previous sanction of the State Government in any area outside the municipal limits.
2. (2) The owner or occupier of every such place shall within thirty days of the publication of such notification apply to the Executive Council for a licence for the use of such place for such purpose.
3. (3) The Executive Council may by an order and under such restrictions and regulations as it thinks fit, grant or refuse to grant such licence.
4. (4) Every such licence shall expire at the end of the year, or for special reasons at an earlier date the Executive Council may specify.
5. (5) Applications for renewal of such licences shall be made not less than thirty and not more than ninety days before the end of every year and applications for licenses for places to be newly opened shall be made not less than thirty and not more than ninety days before they are opened.
6. (6) Where a licence is granted or renewed under this section for the use of any place outside the municipal limits, the municipal council shall pay to the panchayat, if any, having jurisdiction over such place.

Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed:

1. (1) Every such person intending
   • (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 electric power, or
   • (b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid, not being machinery or manufacturing plant exempted by rules shall, before beginning such construction, establishment or installation, make an application in writing to the Executive Council for permission to undertake the intended work.
2. (2) The application shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, work-place or premises and shall be accompanied by-
   • (a) a plan of the factory, workshop, workplaces or premises prepared in such manner as may be prescribed by rules made in this behalf by the State Government, and
   • (b) such particulars as to the power, machinery, plant or premises as the Executive Council may require by regulations made in this behalf.

Grant or refusal of licence: The Executive Council shall, as soon as may be after the receipt of the application under section 182,-

1. (a) grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose, or
2. (b) refuse permission, if it is of the opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.

Approval of State Government to be obtained: Before granting permission under section 183, the Executive Council-

1. (a) shall if more than nine workers are proposed to be employed on any day in the factory, workshop, work-place or premises, obtain the approval of the State Government as regards the plan of the factory, workshop, work-place or premises with reference to-
   • (i) the adequacy of the provisions for ventilation and light,
   • (ii) the sufficiency of the height and dimensions of the rooms and doors,
   • (iii) the suitability of the exits to be used in case of fire, and
   • (iv) such other matters as may be prescribed by rules made by the State Government; and
2. (b) shall consult and have due regard to the opinion of the Municipal Health Officer where the Municipality employs such an officer and of the district Health Officer in other cases, as regards the suitability of the site of the factory, workshop, work-place or premises for the purpose specified in the application.

Limit of workers to be employed: More than nine workers shall not be employed on any day in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section 183 authorizes such employment, or unless fresh permission authorizing such employment has been obtained from the Executive Council. Before granting such fresh permission, the Executive Council shall obtain the approval of the State Government as regards the plan of the factory, workshop, work-place or premises, with reference to the matters specified in section 184.

Control and restriction: The grant of permission under this Chapter-

1. (a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the like, be subject to such restrictions and control as may be prescribed; and
2. (b) shall not be deemed to dispense with the provisions of sections 128 and 130.

Permission deemed to have been granted if not received within sixty days Permission deemed to have been granted if not received within sixty days: Save as otherwise specially provided in this Act, if orders on an application for permission under section 182 are not received by the applicant within sixty days after the receipt of the application by the Executive Council, permission shall be deemed to have been granted subject to the law, rules, by-laws, regulations and all conditions ordinarily imposed.

Exemption from sections 184 and 185: Nothing contained in clause (a) of section 184 and section 185 shall apply if the approval to the factory, workshop, work-place or premises, referred to therein has already been obtained under the provisions of any law relating to factories for the time being in force.

Executive Council may issue directions for abatement of nuisance caused by steam or other power:

1. (1) If in any factory, workshop or work-place in which steam-power, water-power or other mechanical power or electric power is used, nuisance is in the opinion of the Executive Council caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the Executive Council may issue such directions as it thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.
2. (2) If there has been wilful default in carrying out such directions or if abatement is found impracticable the Executive Council may-
   • (a) prohibit the use of the particular kind of fuel employed, or
   • (b) restrict the noise or vibration by prohibiting the working of the factory workshop or work-place between the hours of 9:30 P.M. and 5:30 A.M.

Power of the State Government to pass orders or give directions to Municipalities: The State Government may, either generally or in any particular case, make such order or give such directions as they deem fit in respect of any action taken or omitted to be taken under sections 182, 183, 184, 185, 186, 187, 188, 189 or any of them.

The Executive authority may enter any factory, workshop or work-place:

1. (1) The Executive authority or any person authorized by him in this behalf may enter any factory, workshop or work-place-
   • (a) at any time between sunrise and sunset;
   • (b) at any time when any industry is being carried on; and
   • (c) at any time by day or night, if he has reason to believe that any offence is being committed under sections 182, 183, 184, 185, 186, 187, 188, 189 or any of them.
2. (2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of any force necessarily for the purpose of effecting an entrance under this section.

Provision of municipal slaughter-houses:

1. (1) The Municipalities shall provide a sufficient number of places for use as municipal slaughter-houses and may charge rents and fees for their use at such rates as it may think fit.
2. (2) The Municipality may-
   • (a) place the collection of such rents and fees under the management of such persons 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.
3. (3) Municipal slaughter-houses may be situated within or with the sanction of the State Government, outside the municipal area.

Licence for slaughter-houses:

1. (1) The owner of any place within municipal limits or at a distance within three miles of such limits which has been in use before the commencement of this Act as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of any carcasses, shall apply to the Executive Council for a licence not less than thirty and not more than ninety days before the opening of such place as a slaughter-house or the commencement of the year for which the licence is sought to be renewed, as the case may be: Provided that this sub-section shall not take effect in any area outside the municipal limits except with the previous sanction of the State Government.
2. (2) The Executive Council may, by an order and subject to such restrictions and regulations as to supervision and inspection as it thinks fit, grant or refuse to grant such licence.

Slaughter of animals during festivals and ceremonies:

Slaughter of animals for sale as food Slaughter of animals for sale as food: No person shall slaughter within the Municipality, except in a public or licensed slaughter-house, any cattle, horse, goat or pig for sale as food or skin or cut up any carcass without or otherwise than in conformity with a licence from the Executive Council or dry or permit to be dried any skin in such a manner as to cause a nuisance:

Regulation of milk trade Regulation of milk trade:

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

Public markets: 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 persons of whatever caste or creed:

Powers in respect of public markets:

1. (1) The Board of Councillors may provide places for use as public markets.
2. (2) The Board of Councillors may in any public market levy any one or more of the following fees at such rates and may take place the collection of such fees under the management of such persons as may appear to it proper or may farm out 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, pens or stands in such markets;
   • (c) fees on vehicles or pack-animals carrying, or on persons bringing, goods for sale in such markets;
   • (d) fees on animals brought for sale into, or sold in, such markets; and
   • (e) licence fees for brokers, commission agents, weighmen and measurers practising their calling in such markets.
3. (3) The Municipality may, with the sanction of the State Government, close any public market or part thereof.

Control of the Executive Council over public markets:

1. (1) No person shall, without the permission of the Executive Council or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.
2. (2) The Executive Council may expel from any public market any person who or whose servant has been convicted of disobeying any regulations at the time 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 possess in any such shop, stall or place.

Licence for private market:

1. (1) No person shall open a new private market or continue to keep open a private market unless he obtains from the Executive Council a licence to do so.
2. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed as the case may be.
3. (3) The Executive Council shall as regards private markets already lawfully established, and may at its discretion 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 the Executive Council may think proper; or the Executive Council may refuse to grant any such licence for any new private market. The Executive Council may, however, at any time, for breach of the conditions thereof, suspend or cancel any licence which has been granted under this section. The Executive Council may also modify the conditions of the licence to take effect from a specified date.
4. (4) When a licence is granted, refused, suspended, cancelled or modified under this section, the Executive Council shall cause a notice of such grant, refusal, suspension, cancellation or modification in English and in a regional language of the district to be posted 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.

Fee for licence: When a licence granted under section 200 permits the levy of any fees of the nature specified in sub-section (2) of section 198, a fee not exceeding fifteen percent of the gross income of the owner from the market in the preceding year shall be charged by the Executive Council for such licence.

Sale in unlicensed private markets: It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market.

Powers of Executive Council in respect of private markets: The 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 for such market and provide it with latrines of such description and in such position and number as the Executive Council 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 Executive Council secure imperviousness and ready cleansing;
3. (c) ventilate it properly and provide it with a 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 market as the Executive Council may direct; and
5. (e) keep it in a clean and proper state and remove all filth and refuse therefrom.

Suspension or refusal of licence in default:

1. (1) If any person after notice given to him in that behalf by the Executive Council fails within the period and in the manner laid down in the said notice to carry out any of the works specified in section 203, the Executive Council may suspend the licence of the said person, or may refuse to grant him a licence, until such works have been completed.
2. (2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.

Prohibition against nuisances in private markets: 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 in such a condition as to become a nuisance or fail to cause anything that is a nuisance to be at once removed to a place to be specified by the Executive Council.

Power to close private markets: The Executive Council or any officer duly authorised by it 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 contrary to the provisions of this Act.

Acquisition of rights of private persons to hold private markets:

1. (1) The Board of Councillors may acquire the rights of any person to hold a private market in any place and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894, and such rights shall be deemed to be land for the purposes of that Act.
2. (2) On payment by the Board of Councillors of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold a private market and to levy fees therein shall vest in the Municipality.

Prohibition against sale on public roads: The Executive Officer may, with the sanction of the Executive Council, prohibit by public notice or license, or regulate the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof.

Decision of disputes whether places are markets: If any question arises whether any place, where persons assemble for the sale or purchase of articles of food or clothing or livestock or poultry, or cotton, groundnut or other industrial crops or of any other raw or manufactured products, is a market or not, the Board of Councillors concerned shall make a reference to the State Government and the decision of the State Government on the question shall be final.