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Section 245: Regulation of offensive trades

Uttar Pradesh Municipalities Act, 1916State Act of Uttar Pradesh · Act 2 of 1916

245. (1) If it is shown to the satisfaction of a Municipality that any building or place within the limits of the municipality which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to occasion a public nuisance, the Municipality may at its option require by notice the owner or occupier of the building or place -

(a) to desist or refrain, as the case may be, from using or allowing to be used, the building or place for such purpose, or

(b) only to use, or allow to be used, the building or place for such purpose under such conditions or after such structural alterations as the Municipality imposes or prescribed in the notice with the object of rendering use of the building or place for such purpose free from objection.

(2) Whoever, after receiving notice given under sub-section (1), uses or allows to be used any building or place in contravention of the notice shall be liable on conviction to a fine which may extend to two hundred rupees and to a further fine which may extend to forty rupees for every day on which he so uses or allows to be used the place or building after the date of the first conviction.

(3) The [State Government] may, by notification, make the provisions of this section, or of any by-law made under heading "G" of section 298, applicable to any area beyond the municipality lying within a distance of a mile from the municipal boundary.

Where this provision sits

ActUttar Pradesh Municipalities Act, 1916
Section245
Marginal noteRegulation of offensive trades
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Subs. by A. O. 1950 for (Provl. Govt.), which had been Subs. by the A. O. 1937 for (L.G.).
  • other. This power has been delegated to Commissioner (now prescribed authority) see not. no. 1103/XI-504-E, d. June. 5, 1918 and pp. 476-478 of M. M., 1952 edition.

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