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Section 314: Power to close unlicensed places

Jharkhand Municipal Act 2011State Act of Jharkhand · Act 7 of 2012

The Municipal Commissioner or the Executive Officer may order any land, in respect of which a conviction has been made under section 313 to be closed as a market-place, and thereupon may take action to prevent such land being so used, and every person who sells or exposes for sale of any article, animals, meat or fish, intended for >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 559 human food or butter ghee, fruits or vegetables on any land which has been so closed, shall be liable to a fine not exceeding twenty-five rupees.

315. Regulations to be framed for markets and slaughterhouses –

(1) The Municipal Commissioner or the Executive Officer, may, with the approval of the Standing Committee, from time to time, make regulations, not inconsistent with any provisions of this Act or of any regulation made under this Act for the time being in force –

(a) for preventing nuisances or obstruction in any market building, market place or slaughterhouse or in the approaches thereto;

(b) fixing the days and the hours on and during which any market or slaughterhouse may be held or kept open for use;

(c) for keeping every market building, market place and slaughterhouse in a clean and proper state and for removing filth and refuse therefrom;

(d) requiring that any market building, market place or slaughterhouse be properly ventilated and be provided with sufficient supply of water;

(e) requiring that any market buildings and market places, passages be provided between the stalls of sufficient width for the convenient use of the public.

(2) Any person who slaughters for sale any animal at any place within municipality, other than the one fixed by the municipality under this section 310 shall be punishable with fine which may extend to two thousand rupees.

316. Levy of stallage, rent and fee - Subject to such regulations as may be made from time to time, the Municipal Commissioner or the Executive Officer, either on his own or through any other agency, as the case may be, may charge stallage, rent or fee for the occupation or use of facilities in a municipal market or a municipal slaughterhouse.

317. Use of premises as a hotel or lodging house –

(1) No person shall use or permit to be used any premises in the municipal area–

(a) as an eating house, tea or coffee shop, restaurant, dining saloon, refreshment room or for a like purpose; or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 560

(b) for the preparation or sale for the purposes of trade of any article of human food or drink; or

(c) as a hotel or a lodging house, except under and in accordance with the conditions of a license granted under the provisions of the regulations made in this behalf.

(2) The Municipal Commissioner or the Executive Officer may enter and inspect any premises used for any of the purposes specified in sub- section

(1) and may inspect any goods, vessels or implements or other articles used for such purposes and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the cleanly conduct of such business or may require the use of the premises for such purpose to be discontinued.

(3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Municipal Commissioner or the Executive Officer under sub section (2), shall be liable to a fine, which may extend to two thousand rupees and in the case of continuing offence with further fine which may extend to fifty rupees for every day during which such offence continues.

318. Trade on milk and other products –

(1) No person shall –

(a) carry on the trade or business of a dealer in, or importer or seller of, sweet meats, milk, butter or other milk-products; or

(b) use or permit to be used for the purposes of trade, any premises for storing or selling milk or for making, storing or selling butter or other milk-products or sweet-meats, except under and in accordance with the conditions of a license granted under the provisions of the regulations made in this behalf.

(2) The Municipal Commissioner or the Executive Officer may enter and inspect any premises used for any of the purposes specified in subsection (1) and may inspect any goods, vessels or implements or other articles used for such purpose and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the cleanly conduct of such business or may require the use of the premises for such purpose to be discontinued.

>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 561

(3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Municipal Commissioner or the Executive Officer under sub section (2), shall, on conviction be punished with fine which may extend to five hundred rupees and in the case of continuing offence with further fine which may extend to fifty rupees for every day during which such offence continues.

319. Use of premises for keeping milch cattle and other animals -

(1) No person shall use any premises in the municipal area –

(a) as a stable for milch cattle; or

(b) for the stallage or keeping of horses, camels, donkeys and animals other than milch cattle and animals intended for human food, except under and in accordance with a license granted under the provisions of the regulations made in this behalf.

(2) The Municipal Commissioner or the Executive Officer may enter and inspect any premises used for any of the purposes specified in subsection (1) and may inspect any animals kept on such premises or any vessels or implements used on such premises and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the proper ventilation, sanitation or drainage of such premises, or for proper supply of water to the animals kept on such premises or may require the use of the premises for such purpose to be discontinued.

(3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Municipal Commissioner or the Executive Officer under sub section (2), shall, be fined which may extend to two thousand rupees and in the case of continuing offence with further fine which may extend to fifty rupees for every day during which the offence is continued.

320. Power to take measures for the improvement of milk supply - The municipality may for the purpose of improving the supply of milk and milk products within the municipality –

(a) provide and set apart grazing grounds, dairies and residences for dairymen and milk-sellers within the municipality, >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 562

(b) with the sanction of the State Government, acquire land for the purposes specified in clause (a) outside the limits of the municipality,

(c) charge such fees for the use of such grazing grounds, dairies and residences as may be fixed by regulations made in that behalf,

(d) subject to such terms and conditions as the municipality may think fit, to impose, subsidize by such means as they may consider proper or guarantee the payment from the funds at their disposal of such sums as they may think fit, by way of interest on the capital expended, on the establishment, extension, maintenance, equipment or furnishing of privately-owned grazing grounds or private dairies either within or outside the municipality,

(e) provide or assist in the provision of facilities for and in connection with the transport of milk and other dairy produce into the municipality from any municipal or private dairy, and

(f) establish, furnish and maintain depots or stores for the sale of milk and other dairy produce from municipal and other dairies.

321. Power to make rules for the improvement of milk supply -

(1) The municipality may, subject to the approval of the State Government, make regulations consistent with this Act, -

(a) prohibit the use of any place within municipality for the purpose of the trade or business of a dairyman or as a dairy or for the sale of milk or milk products except under license from the Municipal Commissioner or the Executive Officer,

(b) prescribe and regulate the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of the dairies and cattle-sheds in the occupation of persons following the trade of dairymen or sellers of milk or milk products, and providing for the inspection of milch cattle and for securing the cleanliness of milk stores, milk shops and vessels used by such seller or dairymen for milk and milk products,

(c) prohibit the entry into the municipal limits of milk and milk products except under a license from Municipal Commissioner or the Executive Officer,

(d) require notice to be given by the Municipal Commissioner or the Executive Officer whenever any milch cow or buffalo is affected >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 563 with any contagious disease and prescribe precautions to be taken to protect milk against infection and contamination, and

(e) make provision generally to prevent the adulteration of milk within the municipality.

(2) Whoever contravenes any regulations made under this section, or any condition of any license granted under any such regulations, shall be liable for every such offence to a fine not exceeding two thousand rupees.

322. Prohibition of sale of diseased animals or adulterated articles intended for human food - No person shall sell, expose or hawk or keep for sale any animal intended for human consumption, which is diseased, and no person shall sell, store for sale, expose or hawk for sale or manufacture any food, drink or drug intended for human consumption or medical treatment which is adulterated or unfit for human consumption.

Where this provision sits

ActJharkhand Municipal Act 2011
Section314
Marginal notePower to close unlicensed places
JurisdictionState of Jharkhand
StatusIn force as published by the source

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