Amendment status not verified — confirm the current text below against the official source.
23A[(1) No place within a municipal area shall be used,-- (a) generally for industries, factories, trades, workplaces and other services which directly or indirectly adversely affect public interests such as environment, public safety and public health or cause nuisance; (b) and particularly for such matters as may be prescribed,-- (i) without payment of licence fee at such rate as may be prescribed by the Government for each purpose or at such rate as the Municipality may fix subject to the said rate by a notification published in such manner as may be prescribed; and (ii) except in accordance with the terms of the licence granted in such manner as may be prescribed: Provided that the licence shall be deemed to contain conditions to the effect that anything done in accordance with the licence shall not be detrimental to any public interest and in the matter of services, admission and service to the place wherein it is provided shall be available to any member of the public: Provided further that if adequate steps for the protection of environment/public interest have not been taken as per the conditions of the licence, the use of a land for which licence is required under this section for such matters as may be prescribed, if not otherwise proved, shall be deemed to have been causing nuisance: Provided also that a notification of the Municipality under this section shall come into force on the date of completion of sixty days from the date of its publication.] (2) The owner or occupier of every such place shall within thirty days of the publication of the notification apply to the Secretary 23B[or Officer authorised by him] for a licence for the use of such place for such purpose. 23B[(2A) The Secretary or the officer authorized by him shall, issue an acknowledgement to the applicant on receipt of application along with the supporting document in such form, as may be prescribed, and shall verify the application and all supporting documents immediately on receipt, and if any supporting document required is not attached with the application the Secretary or the officer authorized by him shall immediately inform the applicant in writing the missing document, if any, and allow the applicant to submit the missing document at the earliest but not later than five days from the date of receipt of application.] 23C[(3) The Secretary or the Officer authorized by him shall, within five days from the date of receipt of all supporting documents along with the prescribed clearance from other departments or authorities, by order and subject to such terms and conditions, as he deems fit, grant the licence for use of the place for conducting any industries, factories, trades, entrepreneurship activities or other services, as the case may be.] 23D[x x x x] 25A[(4) The period of licence granted 25B[under sub-section (3)] or a licence deemed to have been granted under sub-section (6) shall unless a date is specified therein, expire on completion of 25C[five years] from the date of its issue. (5) Every application for any licence or permission or for its renewal under this Act or the rules or bye-laws made thereunder, shall be made not less than thirty days and not more than ninety days before the earliest day on which such licence or permission is required or the licence expires. 23B[(5A) The license once granted under this section shall remain in force for a period of five years and shall be renewed without any application on payment of the prescribed fee, thirty days before the end of validity of the licence for a further period of five years.] (6) If the order on an application for any licence or permission are not communicated to the applicant within thirty days after the receipt of the application by the Secretary or within such longer period as may be prescribed in any class of cases, the application shall be deemed to have been allowed for the period required in the application subject to the Act, rules and bye-laws and all conditions which would have been ordinarily imposed.] [x x x x] Substituted by Act 2 of 2015 (w.e.f. 13/11/2014) Inserted by Act 14 of 2018 (w.e.f. 20/10/2017). Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). Sub-section 3A omitted by Act 14 of 2018 (w.e.f. 20/10/2017). Substituted for the words "in the Sixth Schedule" by Act 14 of 1999, w.e.f. 24-3-1999. Substituted by Act 35 of 2005 dt.24/08/2005. Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). Prior to the amendment it read as "under sub-section (3) and (3A)" Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). Prior to the amendment it read as "three years" Sub sections (7) to (10) and Explanation omitted by Act 19 of 2017 (w.e.f. 01/06/2017) Inserted by Act 8 of 2014 (w.e.f. 25/11/2012).