Suspension or refusal of licence in default

(1) If any person after notice given to him in that behalf by the council fails within the period and in the manner laid down in the said notice to carry out any of the works specified in the preceding section, the council may suspend the licence of the said person, or may refuse to grant him a licence, until such works have been completed.

1. (2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.
   • • 375. 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 so that it is a nuisance or fail to cause anything that is a nuisance to be at once removed to a place to be specified by the council.
   • • 376. Power to close private markets.- The council or any officer duly authorised by it in that behalf may close any private market in respect of which no licence had been applied for or the licence for which has been refused, withheld or suspended or which is held or kept open contrary to the provisions of this Act or the rules made thereunder.
   • • 377. Acquisition of right of private persons to hold private markets.- (1) (a) A municipal council may acquire the rights of any person to hold a private market in any place and to levy fees therein.
   • (b) The acquisition shall be made under the Land Acquisition Act, 1894 and such rights shall be deemed to be land for the purpose of that Act.
2. (2) On payment by the municipal council 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 municipal council.
   • • 378. Duty of expelling persons suffering from leprosy, etc., from markets and power to expel disturbers.- The person in-charge of a market --
   • (a) shall prevent the entry therein or expel therefrom any person suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not having purchased the same, handles and articles exposed for sale therein, and
   • (b) may expel therefrom any person who is creating a disturbance therein.
     • • 379. Butcher’s, fish-monger’s and poulterer’s licence.- (1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fish monger or poulterer, or use any place for the sale of flesh or fish intended for human food in any place within municipal limits: Provided that no licence shall be required for a place used for the selling or storing for sale of preserved flesh or fish contained in airtight and hermetically sealed and unopened receptacles.
3. (2) The Commissioner may, by order in writing and subject to such restrictions as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.
4. (3) Every such licence shall expire at the end of the year in which it is granted unless for special reasons the Commissioner considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein.
   • • 380. Power to prohibit or regulate sale of articles in public streets.- The Commissioner may, with the previous sanction of the council, prohibit by public notice or licence, or regulate the sale or exposure for sale of any animals, birds or articles in or on any public street or part thereof.
   • • 381. Decision of disputes as to 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, of animals including livestock or poultry, or cotton, ground-nut or other industrial crops or of any other raw or manufactured products is a market or not the municipal council shall make a reference to the Government and the decisions of the Government on the question shall be final. Cart-stands ** 382. Provision of public cart-stand, etc.- (1) The municipal council may construct or provide and maintain public landing places, halting places, cart-stands, cattle-sheds and cow-houses and may levy fees for the use of the same.
5. (2) The council may ---
   • (a) place the collection of any such fees under the management of such persons as may appear to it 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. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 29th July, 1976.
6. (3) A statement in English and in regional language of the fees fixed by the council for the use of such place shall be put in a conspicuous part thereof. Explanation. – A cart-stand shall, for the purpose of this Act, include a stand for carriages including motor vehicle within the meaning of the Motor Vehicles Act, 1939 (Central Act 4 of 1939) and animals.
   • • 383. Prohibition of use of public place or sides of public streets as cart-stand, etc.- Where a municipal council has provided a public landing place, halting place, cart-stand, cattle-shed, or cow-house, the Commissioner may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the municipal council, of any public place or the sides of any public street. ** 384. Recovery of cart-stand fees, etc.- (1) If the fee leviable under sub-section (1) of section 382 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of the cart, carriage, motor vehicle or animal concerned as will, in his opinion, suffice to defray the amount due and in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal.
7. (2) All property seized under sub-section (1) shall be sent within twenty- four hours to the Commissioner or to such person as he may have authorised in this behalf to receive and sell such property and the Commissioner shall forthwith give notice to the proprietor of the property seized, or, if the proprietor is not known, or is not resident within the municipality to the person who was in-charge of the said property at the time when it was seized, or if such person cannot be found, publish by beat of drum, that after the expiry of two days, exclusive of Sunday, 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.
8. (3) If, at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connection with the seizure, detention and proposed sale is tendered to the Commissioner or other person authorised as aforesaid, the property seized shall be forthwith released. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 29th July, 1976. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.
9. (4) If no such tender is made, the property or a sufficient portion thereof 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 Commissioner may direct; and (iii) the expenses incurred in connection with the seizure, detention and sale.
10. (5) If, after making the payments referred to in sub-section (4), there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto.