Amendment status not verified — confirm the current text below against the official source.
Prohibition of use of steam-whistle or steam-trumpet without permission of the Commissioner.— (1) No person shall, without the written permission of the Commissioner, use or employ in any factory or any other place, any steam-whistle or steam-trumpet for the purpose of summoning or dismissing workmen or persons employed: 5[Provided that, no such permission of the Commissioner, under this sub-section shall be required, if such factory or any other place is situated in the area, notified by the Maharashtra Industrial Development Corporation, within the jurisdiction of the corporation.] (2) The Commissioner may at anytime revoke any permission which he has given for the use of any such instrument as aforesaid, on giving one month’s notice to the person using the same. (3) Provided that nothing in sub-section (2) shall be deemed to require one month’s notice to be given by the Commissioner, if he suspends or revokes any such permission for any reason specified in sub-section (3) of section 479. 1 The word “bakehouse” was repealed by Bom. 2 of 1911, s. 14. 2 The word “bakehouse” was repealed by Bom. 2 of 1911, s. 14. 3 Bom. 3 of 1887 was repealed by Bom. 2 of 1891 which was repealed by Bom. 5 of 1917, which was again repealed by Act 5 of 1923, Central Acts. 4 Act 15 of 1881 is repealed by Act 12 of 1911 (the Indian Factories Act, 1911) which is again repealed by Act 25 of 1934, Central Acts. 5 This proviso was added by Mah. 23 of 2016, s. 3. 1888 : III] The Mumbai Municipal Corporation Act 317 1[394. Certain articles 2[or animals] not to be kept, and certain trades, processes and operations not to be carried on, without a licence; and things liable to be seized, destroyed, etc., to prevent danger or nuisance.— (1) Except under and in accordance with the terms and conditions of the licence granted by the Commissioner, no person shall,— (a) keep, or suffer or allow to be kept, in or upon any premises,— (i) any article specified in Part I of Schedule M; or, (ii) any article specified in Part II of Schedule M, in excess of the quantity therein specified as the maximum quantity (or where such article is kept alongwith any other article or articles specified in that Schedule, such other maximum quantity as may be notified by the Commissioner) of such article which may at any one time be kept in or upon the same premises without a licence; (b) keep, or suffer or allow to be kept, in or upon any premises, for sale or for other than domestic use, any article specified in Part III of Schedule M; (c) keep, or suffer or allow to be kept, in or upon any premises, horses, cattle or other four- footed animals for sale, for letting out on hire or for any purpose for which any charge is made or any remuneration is received, or for the sale of any produce thereof; (d) keep or use, or suffer or allow to be kept or used, in or upon any premises, any article 3[or animal] which, in the opinion of the Commissioner, is dangerous to life, 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, kept or used or suffered or allowed to be kept or used; (e) carry on or allow or suffer to be carried on, in or upon any premises,— (i) any of the trades specified in Part IV of Schedule M, or any process or operation connected with any such trade; (ii) any trade, process or operation, which, in the opinion of the Commissioner, is dangerous to life, 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; (f) carry on within 4[Brihan Mumbai] or use or allow to be used any premises for, the trade or operation of a carrier. (2) The State Government may, by notification in the Official Gazette, add to, amend or delete any item in Schedule M and thereupon, the said Schedule shall be deemed to be amended accordingly but without prejudice to anything done or omitted to be done before such amendment. (3) A person shall be deemed— (a) to have known that keeping any article 5[or animal] or carrying on a trade, process or operation is, in the opinion of the Commissioner, dangerous or likely to create a nuisance within the meaning of clause (d) or, as the case may be, paragraph (ii) of clause (e), of sub-section (1), after written notice to that effect, signed by the Commissioner, has been served on such person or affixed to the premises to which it relates; (b) to keep or to suffer or allow the keeping of an article 6[or animal] or to carry on or allow to be carried on a trade, process or operation within the meaning of clause (d), or, as the case may be, paragraph (ii) of clause (e), of sub-section (1), if he does any act in furtherance of keeping of such article 7[or animal] or carrying on of such trade, process or operation or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman, watchman or otherwise. 1 Sections 394 and 394A were substituted for the original section 394 by Mah. 32 of 1962, s. 2. 2 These words were inserted by Mah. 42 of 1976, s.11(e). 3 These words were inserted by Mah. 42 of 1976, s.11(a). 4 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 5 These words were inserted by Mah. 42 of 1976, s. 11(b). 6 These words were inserted by Mah. 42 of 1976, s. 11(b). 7 These words were inserted by Mah. 42 of 1976, s. 11(b). 318 The Mumbai Municipal Corporation Act [1888 : III (4) If it appears to the Commissioner that the keeping of any article, 1[or animal] or the carrying on of any trade, process or operation, in or upon any premises, is dangerous or likely to create a nuisance within the meaning of clause (d), or paragraph (ii) of clause (e), of sub-section (1), the Commissioner may, by written notice, require the person keeping the article 2[or animal] or suffering or allowing it to be kept or the person carrying on the trade, process or operation or allowing it to be carried on, as the case may be, to take such measures (including discontinuance of the use of the premises for any such purpose) as may be specified by him in such notice in order to prevent such danger or nuisance; and if such measures are not taken within the specified time, the Commissioner may seize and carry away or seal such article 3[or animal] or any machinery or device used in connection with such trade, process or operation. Any article 4[or animal] or machinery or device so seized and carried away or sealed may be redeemed, within a period of one month from the date of seizure, on payment of such sum and subject to such conditions as to future use or disposition of such article 5[or animal], machinery or device as may be fixed by the Commissioner in that behalf: Provided that, if any article 6[or animal] so seized and carried away or sealed is of an explosive or dangerous nature, the Commissioner may by order in writing cause the same to be forthwith destroyed or otherwise disposed of, as he thinks fit: Provided further that, if any article 7[or animal] or machinery or device so seized and carried away or sealed is not claimed and redeemed by the owner or person found in possession thereof, the Commissioner may by order in writing cause the same to be sold by auction or otherwise disposed of as he thinks fit, forthwith if the article 8[or animal] is of a perishable nature, and in any other case after the expiry of the aforesaid period of one month. The proceeds of the sale or other disposal (if any) shall, after defraying therefrom the cost of the sale or such disposal, be paid to the owner or person found in possession of the article 9[or animal] or machinery or device sold or disposed of. (5) It shall be in the discretion of the Commissioner— (a) to grant any licence referred to in sub-section (1), subject to such restrictions or conditions (if any), as he shall think fit to specify, or (b) for the purposes of ensuring public safety, to withhold any such licence: Provided that, the Commissioner when withholding any such licence shall record his reasons in writing for such withholding and furnish the person concerned a copy of his order containing the reasons for such withholding: Provided further that, any person aggrieved by an order of the Commissioner under this sub-section may, within sixty days of the date of such order, appeal to the Chief Judge of the Small Cause Court, whose decision shall be final. (6) Every person to whom a licence is granted by the Commissioner under sub-section (5) shall,— (a) keep such licence in or upon the premises, if any, to which it relates; (b) put up a board outside such premises on a conspicuous part, indicating thereon the nature of the article 10[or animal] kept or the trade, process or operation carried on, in or upon the premises, the municipal licence number, if any, in respect thereof and the name and local address of the owner or occupier or person in charge of the premises; (c) put proper label on the packing or container of every licensable article to indicate its name, contents and hazardous nature. 1 These words were inserted by Mah. 42 of 1976, s. 11(c). 2 These words were inserted by Mah. 42 of 1976, s. 11(c). 3 These words were inserted by Mah. 42 of 1976, s. 11(c). 4 These words were inserted by Mah. 42 of 1976, s. 11(c). 5 These words were inserted by Mah. 42 of 1976, s. 11(c). 6 These words were inserted by Mah. 42 of 1976, s. 11(c). 7 These words were inserted by Mah. 42 of 1976, s. 11(c). 8 These words were inserted by Mah. 42 of 1976, s. 11(c). 9 These words were inserted by Mah. 42 of 1976, s. 11(c). 10 These words were inserted by Mah. 42 of 1976, s. 11(d). 1888 : III] The Mumbai Municipal Corporation Act 319 (7) The Commissioner may from time to time with the approval of 1[the Standing Committee] specially exempt from the operation of this section any mills for spinning or weaving, cotton, wool, silk or jute or any other large mill or factory.