Any person who within the limits of the municipality –
(i) without a license uses any place for any of the purposes specified, or
(ii) being a holder of license, breaks any condition of such license,or
(iii) keeps any pigs, sheep or goats contrary to conditions of license, >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 649 shall be liable to a fine not exceeding one hundred rupees and further fine not exceeding ten rupees for every day, during which the offence is continued after he has been convicted of such offence.
460. Registers to be maintained- The Municipal Commissioner or the Executive Officer shall maintain in such form, and in such manner, as may be prescribed, two separate registers of which –
(a) one shall contain premises wise information of non-residential uses, indicating the unique premises number, if any, assigned under this Act, and
(b) the other shall contain such information, on the basis of different nonresidential user groups for factories, warehouses, medical institutions, educational institutions, and such other uses, as may be provided by regulations.
461. Municipal license for private markets.
(1) The Municipal Commissioner or the Executive Officer may, with the prior approval of the municipality, grant to any person a license to establish or keep open a private market on payment of such fees as may be determined by the municipality by regulations, and may specify such conditions consistent with this Act as he may deem fit.
(2) When the Municipal Commissioner or the Executive Officer refuses to grant any license, he shall record a brief statement of the reasons for such refusal.
(3) The Municipal Commissioner or the Executive Officer may, with the prior approval of the municipality and for reasons to be recorded in writing, by order, suspend a license in respect of a private market for such period as he thinks fit or cancel such license.
(4) A private market in respect of which the license has been suspended or cancelled under sub-section (3) shall be closed with effect from such date as may be specified in the order of suspension or cancellation.
(5) When the municipality decides to acquire any private market, the Municipal Commissioner or the Executive Officer shall notify the owner of such market the date on which the market shall be acquired by the municipality, such date being not less than sixty days from the date of issue of the notice to the owner; and from that date the market shall vest in the municipality.
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(6) If there is any dispute regarding the amount of compensation to be paid for the acquisition of any private market between the municipality and the owner of the market, the matter shall be referred to the Competent Court of Jurisdiction whose decision shall be final.
462. Private market not to be kept open without a license –
(1) Except under a license granted by the Municipal Commissioner or the Executive Officer, in accordance with the general or special conditions issued by the Standing Committee in that behalf, and in conformity with its terms, no person shall establish or keep a private market or, when established, remove it from one place to another, or re-open or re-establish it after it has been closed for a period in excess of twelve months or enlarge its area or dimensions :
Provided that the Municipal Commissioner or the Executive Officer shall not refuse a license to keep a private market or cancel or suspend the same, for any cause other than the owner's failure to comply with this Act or the rules and regulations, if any, framed under this Act or the terms of his license after compliance has been required of him.
(2) When the Municipal Commissioner or the Executive Officer, has refused, cancelled or suspended any license to keep a private market, he shall cause a notice thereof in Hindi language to be conspicuously exhibited near the building or place where such market is or was to be held.
463. Penalty for using unlicensed market - Any person who being the owner or occupier of any land or building willfully or negligently permits the same to be used as a market without a license granted by the Municipal Commissioner or the Executive Officer, shall be liable to a fine not exceeding ten thousand rupees for every such offence and to a further fine not exceeding one thousand rupees for each day during which the offence is continued after conviction of such offence.
464. Municipal license for sale of flesh, fish or poultry.
(1) No person shall, without or otherwise than in conformity with a license from the Municipal Commissioner or the Executive Officer, carry on the trade of a butcher, fish-monger, poulterer or importer of flesh, intended for human food, or use any place for the sale of flesh, fish or poultry, intended for human food :
Provided that no person shall sell, or expose for sale, any flesh obtained from an animal unless the skinned carcass of the animal is stamped in such manner as the Municipal Commissioner or the Executive Officer may, by general order made in this behalf, require in token of the fact that the animal has been slaughtered in a municipal or licensed slaughterhouse:
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Provided further that no license shall be required for any place used for sale, or storage for sale, of preserved flesh or fish contained in air-tight or hermetically sealed receptacles.
(2) The Municipal Commissioner or the Executive Officer may, by order, and subject to such conditions as to supervision and inspection as he may think fit to impose, grant a license or may, by order and for reasons to be recorded in writing, refuse to grant a license.
(3) The municipality shall, by regulations, determine the procedure for the issue of a license and renewal thereof.
(4) If any place is used for the sale of flesh, fish or poultry intended for human food in contravention of the provisions of this section, the Municipal Commissioner or the Executive Officer may stop the use of such place in such manner, as he may consider necessary.
465. Prohibition of unlicensed activities.
(1) Without or otherwise than in conformity with the terms of a license granted by the Municipal Commissioner or the Executive Officer in this behalf, no person shall, within the municipal area, use, or permit to be used, any land or building -
(a) for keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce, or
(b) as a market in respect of which a license is required under this Act, or
(c) for carrying out work as an artisan, or
(d) for trade of a butcher, fish-monger, poulterer or importer of flesh intended for human food or for sale thereof.
(2) If any land or building, public or private, is used, or permitted to be used, in contravention of the provisions of sub-section (1), the Municipal Commissioner or the Executive Officer may stop the use thereof by such means as he deems fit, and may confiscate any article in respect of which such use is being made, prepare an inventory thereof, and, in the case of perishable items, auction them without notice.
(3) Any person carrying out any trade in contravention to the provision of subsection (1) and (2) shall be liable to a fine of two thousand rupees and for the continuing offence fifty rupees per day from the date of its confirmation after the order is made.
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466. Power to stop use of premises used in contravention of licenses.
(1) If the Municipal Commissioner or the Executive Officer is of the opinion that any premises is being used for a non-residential purpose without a license under this Act or otherwise than in conformity with the terms of a license granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.
(2) If a person continues to use a premises in contravention of the provisions of sub-section (1), the Municipal Commissioner or the Executive Officer may, notwithstanding any other action that may be taken against such person under this Act, levy on such person a continuing fine in accordance with the provisions of sub-section (3) of section 465.