Permission to be made for establishment of any place of business of scrap merchant or for dealing in second-hand property or automobile workshop or tinker shop

Permission to be made for establishment of any place of business of scrap merchant or for dealing in second-hand property or automobile workshop or tinker shop.-

1. (1) Every person intending to establish any place of business of scrap merchant or for dealing in second-hand property or any automobile workshop or tinker shop shall, before establishing such place, make an application to the licensing authority for permission to undertake such business.
2. (2) The application shall be accompanied by-
   • (a) a plan of the place of business or automobile workshop or tinker shop prepared in such manner as may be prescribed;
   • (b) such other particulars as may be prescribed.
3. (3) The licensing authority shall, as soon as may be, after the receipt of the application-
   • (a) grant the permission applied for subject to such conditions as it thinks fit to impose; or
   • (b) refuse permission if it is of opinion that such establishment-
     • (i) is objectionable by reason of the density of population in the locality; or
     • (ii) is likely to cause a nuisance to the residents of the locality; or
     • (iii) is likely to cause traffic or health hazards to the residents of the locality; or
     • (iv) does not contain adequate space for parking the vehicles which would be normally expected.
4. (4) Before any permission is refused under clause
   • (b) of sub-section (3), the applicant shall be given an opportunity to make his representation within a reasonable time, not ordinarily exceeding fifteen days and any representation made by him in this behalf shall be duly taken into consideration before final orders are passed.
5. (5) Before granting or refusing permission under this section, licensing authority shall consult and have due regard to the opinions of the health officer and traffic police as regards the suitability of the place where the business of scrap merchant or dealer in second-hand property or the automobile workshop or tinker shop is to be established.
6. (6) If orders on an application for permission under sub-section
7. (1) are not received by the applicant within sixty days after the receipt of the application by the licensing authority, permission shall be deemed to have been granted subject to any law for the time being in force regarding the establishment of the automobile workshop or tinker shop.
8. (7) Any person aggrieved by an order of the licensing authority under this section refusing permission may, within such time as may be prescribed, appeal to such authority as the Government may, by notification, specify, and such authority may make such order in the case as it thinks fit.
9. (8) Every permission shall be granted subject to such conditions as may be specified in the permission and on payment of such fee not exceeding two hundred rupees.