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Section 282: Regulation of certain trades

Rajasthan Municipalities Act, 2009State Rules of Rajasthan · 2009

(1) If the Municipality is satisfied that any building or place used or intended by any person to be used,

(a) for boiling or storing offal, blood, bones, guts or rags,

(b) for sorting, curing or storing fish,

(c) for storing hides, horns or skins,

(d) for tanning,

(e) for the manufacture of leather goods,

(f) for dyeing,

(g) for soap-making,

(h) for washing or drying Wool or hair,

(i) for boiling oil,

(j) for melting tallow or sulphur,

(k) for burning or baking bricks, pottery, lime or surkhi,

(l) for storing hay, straw, fodder, wood, coal or other combustible material,

(m) for storing grain for trade purposes,

(n) as a quarry,

(o) as a cart stand,

(p) as an oil mill,

(q) as a flour mill worked otherwise than by electric power,

(r) as a distillery, [***]

(s) as a manufactory or place of business of any other kind from which offensive or unwholesome smell, fume, soot or dust arises or which may involve risk of fire, [or]

(t) any other activity prescribed by the State Government from time to time, is, or is likely by reason of such use and of its situation, to become a nuisance to the neighbourhood or is so used or so situated as to be likely to be dangerous to life, health or property, the Municipality may, by written notice, require the owner or occupier

(i) at once to discontinue the use , or at once to desist from carrying out or allowing to be carried out the intention so to use, of such place, or

(ii) to use it in such manner or after such structural alterations as the Municipality in such notice prescribes so that it may not become, or may be no longer, a nuisance or dangerous to life, health or property, or

(iii) to remove it to such place as may be demarcated:

Provided that no requisition of the nature specified in clause (i) shall be made in respect of any of the occupations specified in clauses (a) to (j) carried on by the owner or occupier himself or by a member of his family as a cottage industry unless the Municipality provides some other place for carrying on such occupation.

(2) Whoever, after notice has been given under sub-Section (1), uses any place or permits it to be used in manner as to be a nuisance to the neighbourhood or dangerous to life, health or property, shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and with further fine which may extend to one hundred rupees for every day on which such use or permission to use is continued after the date of the first conviction.

(3) Upon a conviction being obtained under this Section, the magistrate shall, on the application of the Municipality, but not otherwise, order such place to be closed and thereupon appoint persons or take other steps to prevent such place being used for any purpose mentioned in sub-Section (1).

(4) Whoever uses, without a licence or during the suspension or after the withdrawal of a licence, any place for any purpose mentioned in sub-Section (1) in any Municipality in which bye-laws are for the time being in force prescribing the conditions on and subject to which the circumstances in which and the areas and localities in respect of which licences for such use may be granted, refused, suspended and withdrawn, shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees and with further fine which shall not be less than one hundred rupees but which may extend to five hundred rupees for every day on which such use is continued after the date of the first conviction.

(5) Any person aggrieved by any order of the Municipality made under sub-Section (1) may within thirty days of the date of such order, exclusive of the time requisite for obtaining a copy thereof, appeal to the Collector and the order of the appellate authority shall be final and shall not be liable to be questioned in any Court.

Where this provision sits

ActRajasthan Municipalities Act, 2009
Section282
Marginal noteRegulation of certain trades
JurisdictionState of Rajasthan
StatusIn force as published by the source

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