(1) The municipality may give notice of its intention to declare that in any area specified in the notice, no person shall, for environmental reasons stated therein, use any premises for any purpose specified in the notice.
(2) Any objection to any such notice shall be received within a period of thirty days from the date of the notice.
(3) The municipality shall consider all objections received within the period as aforesaid, giving any person affected by the notice an opportunity of being heard, and may, thereupon, make a declaration in accordance with the notice under subsection (1), with such modifications, if any, as it may think fit.
(4) Every such declaration shall be published in the manner provided by regulations and shall take effect from the date of such publication.
(5) No person shall, in any area specified in the declaration published under subsection (4), use any premises for any purpose specified in the declaration and the Municipal Commissioner or the Executive Officer shall have the power to stop such use of any such premises by such means as he may consider necessary.
(6) The municipality shall ensure that such declaration is in conformity with the provisions of any land use plan in force in the municipal area under any State law regulating such use.
Chapter 40 Municipal Licenses
455. Premises not to be used for non-residential purpose without municipal license-
(1) Except as hereinafter provided in this Act, no person shall use, or permit to be used, any premises for any of the non residential purposes mentioned in the Schedule without or otherwise than in conformity with the terms of a license granted by the Municipal Commissioner or the Executive Officer, so as not to contravene the provisions of sub-section (2) of this section :-
Provided that no such license shall be given in respect of any non-residential use of a premises, if such use is otherwise than in conformity with the provisions of this Act, or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 647 any other law for the time being in force, or the rules or the regulations or the orders made thereunder:
Provided further that except in cases which come under the provisions of sub-section (2) of this section or section 457 or section 458, the power to issue such license within its jurisdiction may be exercised by the Municipal Commissioner or the Executive Officer, subject to such conditions, and in such manner, as may be determined by regulations.
(2) In the case of a non-residential use of a premises for a purpose for which a license or permission is required from the State Government or any statutory body under any law for the time being in force, no license under this section shall be given until the license or the permission under the said law has been produced before the Municipal Commissioner or the Executive Officer, and duly authenticated copies thereof have been submitted to him:
Provided that in the case where the production of a license under this Act is a precondition for the grant of a license under any other law for the time being in force, the Municipal Commissioner or the Executive Officer may grant a provisional license, which shall be authenticated to be final only upon the production of a license or permission under the said law:
Provided further that such provisional license shall have validity only for the purpose of fulfilling the preconditions of the grant of a license under any other law as aforesaid.
(3) In specifying the terms of a license granted under this section, the Municipal Commissioner or the Executive Officer may require the licensee to take all or any of such measures as he may deem fit to guard against danger to life, health or property or for the abatement of nuisance of any kind.
(4) The municipality shall, by regulations, determine the fees to be paid in respect of a license granted under sub-section (1), and may specify different fees for different categories of non-residential uses in different areas within the municipal area :
Provided that no such fees shall exceed two thousand and five hundred rupees in any case.
(5) The municipality may, by regulations, determine -
(a) as to when the initial license is to be taken out and the procedure of annual renewal thereof, is to begin, and
(b) the matters connected with the display of license, inspection of premises, power of inspectors, and such other matters as may be deemed necessary.
456. Power to grant license for fairs and melas - The Municipal Commissioner or the Executive Officer may require the owner or lessee of a fair or mela or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 648 exhibition or entertainment to produce consent letter from the owner or lessee of the land on which such fair or mela or exhibition or entertainment is held before granting license in that behalf. The license shall be granted by the Municipal Commissioner or the Executive Officer on such terms and conditions and on payment of such fee as may be determined by the municipality.
457. Licensing of places for keeping horses and cattle -
(1) Within such limit as the municipality may determine, no cartman, livery stablekeeper of vehicles plying for hire or dairyman shall keep horses, ponies or cattle for the purposes of trade or business except in a place licensed by the Municipal Commissioner or the Executive Officer.
(2) The Municipal Commissioner or the Executive Officer may license places for such purpose, and may levy a fee, subject to the approval of the standing committee, not exceeding twenty rupee on the issue and renewal in the first and seventh months of each year.
(3) Every license granted under sub-section (1) shall be subject to such conditions as the Municipal Commissioner or the Executive Officer may impose in respect of the site, construction, materials and dimension of any structure erected for keeping horses, ponies or cattle or in respect of the fencing, drainage, cleansing of such place as he thinks necessary.