Section 438: Certain things not to be kept, and certain trades and operations not to be carried on without licence

(1) Except under and in conformity with the terms and conditions of a licence granted by the 1Municipal Commissioner, no person shall —\br @s (a) keep in or upon any premises any article specified in the bye-laws in any quantity or in excess of the quantity specified in the bye-laws as the maximum quantity of such article which may at one time be kept in or upon the same premises without a licence ; and\br @s (b) keep in or upon any building intended for or used as a dwelling or within fifteen feet of such building cotton, in pressed bales or boras or loose, in quantity exceeding four hundred-weight ;\br @s (c) keep, or allow to be kept, in or upon any premises horses, cattle or other four-footed animals—\br @s (i) for sale,\br @s (ii) for letting out on hire,\br @s (iii) for any purposes for which any charge is made or any remuneration is received, or\br @s (iv) for sale of any produce thereof ;\br @s (d) carry on or allow to be carried on, in or upon any premises—\br @s (i) any trade or operations connected with any trade specified in the bye-laws,\br @s (ii) any trade or operation which is dangerous to life or health or property, or likely to create a nuisance either from its nature or by reason of the manner in which or the conditions under which, the same, is or is proposed to be carried on;\br @s (e) carry on within the City, or use any premises, for the trade or operation of a farrier.\br @s (2) A person shall be deemed to have known that a trade or operation is dangerous or likely to create a nuisance within the meaning of paragraph (ii) of clause (d) of sub-section (1), if written notice to that effect, signed by the 1Municipal Commissioner, has been served upon such person or affixed to the premises to which it relates.\br @s (3) A person shall be deemed to carry on or to allow to be carried on a trade or operation within the meaning of clause (d) of subsection (1) if he does any act in furtherance of such trade or is in any way engaged or concerned therein whether s principal, agent, clerk, master, servant, workman, handicrafts-man or otherwise.\br @s (4) When any premises are used in the manner described in clause (c) or (d) of sub-section (1) it shall be presumed, until the contrary is proved, that the owner or occupier of such premises, or both have permitted such use.\br @s (5) It shall be lawful for the 1Municipal Commissioner —\br @s (a) to grant any licence referred to in sub-section (1) subject to such further restriction or conditions (if any), as he shall think fit in the circumstances of the case, or (b) to withhold any such licence. \br @s (6) Every person to whom a licence is granted by the1Municipal Commissioner under sub-section (1) shall keep such licence in or upon the premises, if any, to which it relates.\br @s (7) The 1Municipal Commissioner may at any time by day or night enter or inspect any premises for the use of which a licence has been granted under this section.\br @s (8) Nothing in sub-sections (6) and (7) shall be deemed to apply to mills for spinning or weaving cotton, jute, wool or silk or to any other large mill or factory which the 1Municipal Commissioner may from time to time with the approval of the Executive Committee, specially exempt from the operation thereof.\br @s (9) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for effecting such entry : Provided that force shall not be used for effecting an entry, unless when there is reason to believe that an offence is being committed against some provision of this Act or some bye-law made under this Act.\br @s