PROCEDURE AND MISCELLANEOUS Licences and permissions.

General provisions regarding licences and permissions.- (1) Every licence and permission granted under this Act or any rule or bye-law made thereunder shall specify the period, if any, for which, and restrictions, limitations and conditions, subjects to which the same is granted and shall be signed by the Commissioner.

1. (2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission, fees shall be paid in advance on such units, and at such rates, as may be fixed by the municipal council.
2. (3) The council may ---
   • (a) place the collection of such fees under the management of such persons as may appear to it proper, or
   • (b) farm out such collection any period not exceeding three years at a time and on such terms and conditions as it may think fit.
3. (4) Every order of a municipal authority granting or refusing a licence or permission shall be published on the notice board of the municipal council.
4. (5) Every order of a municipal authority refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds therefor.
5. (6) Subject to the special provisions in Chapter XIII and Chapter XV regarding buildings and private markets, and subject to such sanction as may be required for the refusal of a licence or permission, any licence or permission granted under this Act or any rule or bye-law or regulation made thereunder, may at any time be suspended or revoked by the Commissioner if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule by-law or regulation made thereunder in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud: Provided that no such suspension or revocation shall be made except after giving the holder of the licence or permission a reasonable opportunity of being heard.
6. (7) It shall be the duty of the Commissioner to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset and sunrise if it is open to the public or any industry is being carried on it at the time, and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act or otherwise than in conformity with the same, he may, at any time, by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, bye-laws or regulations, and condition of a licence or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section , by the Commissioner or any person authorised by him in this behalf or by any force necessary for effecting on entrance under this subsection.
7. (8) When any licence or permission is suspended or revoked, or when the period for which it was granted, or within which application for renewal should be made, has expired, whichever expires later, the grantee shall, for all purposes of this Act or any rule or bye-law made thereunder, be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled, or subject to sub-section (13), until the licence or permission is renewed, as the case may be.
8. (9) Every grantee of any licence or permission shall at all reasonable times, while such licence or permission remains in force, produce the same at the request of the Commissioner.
9. (10) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration required by the provisions of this Act or any rule or bye-law made thereunder the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the municipal council the amount of the fee chargeable for the licence or permission or for registration and may in his discretion also recover summarily and pay over to the council such amount, if any, as he may fix as the costs of the prosecution.
10. (11) Save as otherwise expressly provided in or may be prescribed under this Act, every application for a licence or permission or for registration or the renewal of a licence or permission or registration, shall be made not less than thirty days and not more than ninety days before the commencement of the year.
11. (12) Such recovery of the fee under sub-section (10) shall not entitle the person convicted to a licence or permission or to registration as aforesaid.
12. (13) The acceptance by the municipal council of the prepayment of the fee for a licence or permission or for registration shall not entitle the person making such prepayment to the licence or permission or to registration, as the case may be, but only to refund of an amount not exceeding one-half of the fee as may be decided by the municipal council in case of refusal of the licence or permission or of registration but an applicant for the renewal of a licence or permission or registration shall, until communication of orders on his application, be entitled to act as if the licence or permission or registration had been renewed and save as otherwise specifically provided in this Act, if orders on an application for licence or permission or for registration are not communicated to the applicant within sixty days after the receipt of the application by the Commissioner, the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application, and subject to the law, rules, bye-laws, regulations and all conditions ordinarily imposed.