Section 175

Amendment status not verified — confirm the current text below against the official source.

* 319. Precautions in case of dangerous tanks, wells, holes etc.- (1) If any tank, pond, well, hole, stream, dam, bank or other place appears to the Commissioner to be for want of sufficient repair, protection or enclosure dangerous to the passers-by or to persons living in the neighbourhood, the Commissioner may, by notice, require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom. (2) If immediate action is necessary, he shall, before giving such notice or before the period of notice expires, himself take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in section 175. * 320. Power to stop dangerous quarrying.- If in the opinion of the Commissioner the working of any quarry or the removal of stone, earth or other material from any place is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger of abating the nuisance arising or likely to arise therefrom. * 321. Precautions against fire.- (1) The Commissioner may, by notice, require the owner of any structure, booth or tent partly or entirely composed of, or having any external roof, verandah, pandal or wall partly or entirely composed of, cloth, grass, leaves, mats or other highly inflammable materials to remove or after such structure, booth, tent, roof, verandah, pandal or wall, or may grant him permission to retain the same on such conditions as the Commissioner may think necessary to prevent danger from fire. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 334 (2) The Commissioner may, by notice, require any person using any place for the storage for private use of timber, firewood, or other combustible things to take special steps to guard against danger from fire. (3) Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, he may, with the sanction of the council by notice, require the owner or occupier of the building to alter or reconstruct any staircase in such manner or to provide such additional or emergency staircase as he may direct; and when any building, booth, or tent is used for purposes of public entertainment he may require, subject to such sanction as aforesaid, that it shall be provided with an adequate number of clearly indicated exits so placed and maintained as readily to afford the audience ample means of safe egress, that the seating be so arranged as not to interfere with free access to the exits and that gangways, passages, and the staircases leading to the exits shall during the presence of the public be kept clear of obstructions. Control over waters, etc. * 322. Prohibition of construction of wells, tanks etc., without the permission of Commissioner.- (1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the previous permission of the Commissioner. (2) The Commissioner may grant permission subject to such conditions as he may deem necessary or may, for reasons to be recorded in writing by him, refuse it. (3) If any such work is begun or completed without such permission, the Commissioner may --- (a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Commissioner shall direct, or (b) grant permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-section (1). * 323. Filling in of pools, etc. which are a nuisance.- (1) If in the opinion of the Commissioner. – * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 335 (a) any pool, ditch, tank, well, pond, bog, swamp, quarry, hole, drain, cess-pool, pit, water-course, or any collection of water, or (b) any land on which water may at any time accumulate is or is likely to become a breeding-place of mosquitoes or in any other respect a nuisance, the Commissioner may, by notice, require the owner or person having control thereof to fill up, cover over, weed and stock with larvicidal fish, petrolize, drain or drain off the same in such manner and with such materials as the Commissioner shall direct or to take such order with the same for removing or abating the nuisance as the Commissioner shall direct. (2) If a person on whom a requisition is made under sub-section (1) to fill up, cover over, or drain off a well, delivers to the Commissioner within the time specified or compliance therewith written objections to such requisition, the Commissioner shall report such objections to the council, and shall make further inquiry into the case, and he shall not institute any prosecution for failure to comply with such requisition except with the approval of the council, but the Commissioner may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance proceed in accordance with section 475 and, pending the decision of the council on the question whether the said well shall be permanently filled up, covered over, or otherwise dealt with, may cause such well to be securely covered over so as to prevent the ingress of mosquitoes, and in every such case, the Commissioner shall, with the approval of the council, determine whether the expenses of any work already done as aforesaid shall be paid by such owner or by the Commissioner out of the municipal fund or shall be shared and, if so, in what proportions. * 324. Regulation or prohibition of certain kinds of cultivation.- (1) The council, on the report of the Director of the Medical Services, the municipal health officer of the Director of Agriculture that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any place within the limits of the municipality is injurious to the public health may, with the previous sanction of the Government, by public notice, regulate or prohibit the cultivation, use of manure or irrigation, so reported to be injurious: * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 336 Provided that when such cultivation or irrigation has been practiced during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested, for any damage caused to them by absolute prohibition. * 325. Cleansing of insanitary private tank or well used for drinking.- (1) The Commissioner may, by notice, require the owner of, or person having control over, any private water-course, spring, tank, well or other place, the water of which is used for drinking, bathing, or washing clothes to keep the same in good repair and to clean it of silt, refuse or vegetation and to protect it from pollution by surface drainage in such manner as the Commissioner may think fit. (2) If the water of any place which is used for drinking, bathing or washing clothes, as the case may be, is proved to the satisfaction of the Commissioner to be unfit for the purpose, the Commissioner may, by notice, require the owner or person having control thereof to --- (a) refrain from using or permitting the use of such water; or (b) close or fill up such place or enclose it with a substantial wall or fence. * 326. Duty of council in respect of public well or receptacle of stagnant water.- the municipal council shall maintain in a cleanly condition all wells, tanks and reservoirs which are not private property and may fill them up or drain them when it appears necessary to do so. * 327. Prohibition against or regulation of washing animals or clothes or drinking in public water-courses, tanks, etc.- The council may, in the interests of the public health, regulate or prohibit the washing of animals, clothes or other things or fishing in any public spring, tank, well, public water-course or part thereof within the municipality and may set apart any such place for drinking or for bathing or for washing clothes or animals, or for any other specified purpose. * 328. Provision of public wash-houses.- (1) The council may construct or provide and maintain public wash-houses, salavaithuraikal or places for the washing of clothes, and may require the payment of such rents and fees for the use of any such wash-house, salavaithurai or place as it may determine. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 337 (2) The council may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as it may think fit. (3) If a sufficient number of public wash-houses, salavaithuraikal or places be not maintained under sub-section (1), the council may without making any charge therefor appoint suitable places for the exercise by washermen of their calling. * 329. Prohibition against washing by washermen at authorised places. – (1) The council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling within the municipality, except at -- (a) public wash-houses, salavaithuraikal or places maintained or provided under section 328, or (b) such other places as it may appoint for the purpose. (2) When any such prohibition has been made no person shall, in contravention of such prohibition wash clothes, except for himself or for personal and family service or for hire on and within the premises of the hirer, at any place within municipal limits other than a public wash-house, salavaithurai or a place maintained or appointed under this Act. * 330. Prohibition against defiling water of tanks, etc., whether public or private.- It shall not be lawful for any person to -- (a) bathe in or in any manner defile the water in any place set apart by the council or by the owner thereof for drinking purposes; or (b) deposit any offensive or deleterious matter in the dry bed of any places set apart as aforesaid for drinking purposes; or (c) wash clothes in any place set apart as aforesaid for drinking or bathing; or (d) wash any cooking utensil or any animal or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter in any place set apart as aforesaid for bathing or washing clothes; or (e) cause or suffer to drain into or upon any place set apart as aforesaid for drinking, bathing, washing clothes or cause or suffer anything to be brought there into or do anything whereby the water may be fouled or corrupted. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 338 Control over abandoned lands, untrimmed hedges, etc. * 331. Untenanted buildings or lands.- If any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted, and thereby becomes a resort of idle and disorderly persons or in the opinion of the Commissioner becomes a nuisance, the Commissioner may, after due enquiry by notice, require the owner or person claiming to be owner to secure, enclose, clear or clean the same. * 332. Removal of filth or noxious vegetation.- The Commissioner may, by notice, require the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state, or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within twenty-four hours or such longer period and in such manner as may be specified in the notice. * 333. Fencing of buildings or lands and pruning of hedges and trees.- The Commissioner may, by notice, require the owner or occupier of any building or land near a public street to -- (a) fence the same to the satisfaction of the Commissioner; or (b) trim or prune any hedges bordering on the street so that they may not exceed such height from the level of the adjoining roadway as the Commissioner may determine; or (c) cut and trim any hedges or trees over-hanging the said street and obstructing it or the view of traffic or causing it damage; or (d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of traffic so as to cause danger. Control over insanitary buildings * 334. Lime-washing and cleaning of buildings.- If it appears to the Commissioner necessary for sanitary purposes so to do, he may, by notice, require the owner or occupier of any building to lime-wash or otherwise cleanse the building inside and outside in the manner and within a period specified in the notice. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 339 * 335. Further powers with reference to insanitary building.- (1) Whenever the Commissioner considers -- (a) that any building or portion thereof is, by reason of its having no plinth or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleaning, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood or is, for any reason, likely to endanger the public health or safety, or (b) that a block or group of building is, for any of the said reasons or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, he may, by notice require the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such buildings or portions of buildings, to execute such works or to take such measures as he may deem necessary for the prevention of such danger. (2) No person shall be entitled to compensation for damages sustained by reason of any action taken under or in pursuance of this section save when a building is demolished in pursuance of an order made thereunder or so demolished to such extent as to require reconstruction, in which cases the municipal council shall make compensation to the owner thereof. (3) When any building is so far demolished under this section as to require reconstruction, allowance shall be made in determining the compensation for the benefit accruing to the premises from the improvement thereof. * 336. Buildings unfit for human habitation.- (1) If any building or portion thereof intended for or used as a dwelling place appears to the Commissioner to be unfit for human habitation, he may apply to the council to prohibit the further use of such structure for such purpose; and the council may, after giving the owner and occupiers of the structure a reasonable opportunity of showing cause why such order should not be made, make a prohibitory order as aforesaid. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 340 (2) When any such prohibitory order has been made, the Commissioner shall communicate the purpose thereof to the owner and occupiers of the structure and on the expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier of such structure shall use or suffer it to be used for human habitation until the Commissioner certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction or the council withdraws the prohibition. (3) (a) When such prohibitory order has remained in operation for three months, the Commissioner shall report the case to the council which shall thereupon consider whether the structure should not be demolished. (b) The council shall give the owner not less than thirty days notice of the time and place at which the question will be considered, and the owner shall be entitled to be heard when the question is taken into consideration. (4) If upon such consideration the council is of opinion that the structure has not been rendered fit for human habitation and that steps are not being taken with due diligence to render it so fit and that the continuance of the structure is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighbourhood, it shall record a decision to that effect, with the grounds of the decision and the Commissioner shall in pursuance of the said decision by notice require the owner to demolish the structure. (5) If the owner undertakes to execute forthwith the works necessary to render the structure fit for human habitation and the Commissioner considers that it can be so made fit, the Commissioner may postpone the execution of the decision of the council for such time not exceeding six months as he thinks sufficient for the purpose of giving the owner an opportunity of executing the necessary works. * 337. Abatement of overcrowding in dwelling-house or dwelling place.- (1) If it appears to the Commissioner that any dwelling-house or other building which is used as a dwelling place, or any room in such dwelling-house or buildings, is so overcrowded as to endanger the health of the inmates thereof, he may apply to a Magistrate, to abate such overcrowding; and the Magistrate after such inquiry as he * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 341 thinks fit to make, may, by order in writing, require the owner of the building or room, within a reasonable time to be specified in the said order not exceeding four weeks to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room or may pass such other orders as he may deem just and proper. (2) The council may, by order in writing declare what amount of superficial and cubic space, shall be deemed for the purposes of sub-section (1) to be necessary for each occupant of a building or room. (3) If any building or room referred to in sub-section (1) has been sub-let the landlord of the lodgers, tenants or other actual inmates of the same, shall, for the purposes of this section, be deemed to be the owner of the building or room. (4) It shall be incumbent on every tenant, lodger or other inmate of a building or room to vacate on being required by the owner so to do, in pursuance of any requisition made under sub-section (1). Control over certain animals * 338. Prohibition against feeding certain animals on filth.- No person shall feed or permit any animal which is kept for dairy purpose or may be used for food, to be fed in filth. * 339. Prohibition against keeping animals or bird so as to be dangerous or a nuisance.- No person shall keep any animal or bird in or near his premises or in a public place so as to be a nuisance or so as to be dangerous. * 340. Power to destroy stray pigs and dogs.- (1) The council may, and if so directed by the District Magistrate shall, give public notice that unlicensed pigs or dogs straying within specified limits will be destroyed. (2) When such notice has been given, any person may destroy, in any manner not inconsistent with the terms of the notice, any unlicensed pig or dog, as the case may be, found straying within such limits. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 342 General * 341. Powers of Commissioner to use or all materials of dangerous structure taken down etc., and procedure when there is no owner or occupier.- (1) When the Commissioner takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit in virtue of his powers under this Chapter, the Commissioner may sell the materials or things taken down, cut down or removed and apply the proceeds in or towards payment of the expenses incurred. (2) If after reasonable inquiry it appears to the Commissioner that there is no owner or occupier to whom notice can be given under any section in this Chapter he may himself make such order with the property mentioned in such section as may appear to him to be necessary and may recover the expense incurred by the sale of such property (not being land) or of any portion thereof. * 342. Limitation of compensation.- No person shall be entitled save as provided in section 323, 324 and 335, compensation for any damages sustained by reason of any action taken by the municipal authorities in pursuance of their powers under this Chapter. CHAPTER – XV LICENCES AND FEES General provisions as to licences * 343. Government not to obtain licences and permissions.- Nothing in this Act or in any rule, bye-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye-law or regulation in respect of any place in the occupation or under the control of the Central Government or any State Government or in respect of any property of such Government. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 343 * 344. Conditions precedent to grant or renewal of licence.- Notwithstanding anything contained in this Act or any other law, the Commissioner may refuse to grant or renew a licence under the provisions of this Act or any other Act which authorises him to issue a licence, if the person applying for the licence has made default in the payment of any dues by way of taxes or fees payable by him to the municipal council, provided the Commissioner may, if he deems fit, grant or renew the licence for a period not exceeding two months, on satisfactory guarantee for the payment within the period. Keeping of animals * 345. Licences for places in which animals are kept. – (1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard, or other place in which quadrupeds are kept or taken in for purposes of profit shall apply to the Commissioner for a licence not less than thirty and not more than ninety days before the opening of such place, or before the commencement of the year for which the licence is sought to be renewed, as the case may be. (2) The Commissioner may, by an order and subject to such restrictions and conditions as he may think fit to impose, grant or refuse such licence. (3) No person shall without or otherwise than in conformity with a licence use any place for such a purpose. (4) Nothing in this section shall apply to any such place licensed as a place or public entertainment or resort. * 346. General powers of central over stables, cattles-sheds and cow-houses.- (1) All stables, cattle-sheds and cow-houses shall be under the survey and control of the Commissioner as regards their site, construction, materials and dimensions. (2) The Commissioner may, by notice, require that any stable, cattle-shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned or be supplied with water, or be connected with a sewer or be demolished. (3) Every such notice shall be addressed to the owner of the building or land to which the stable, cattle-shed, cow-house belongs or for the use of occupants of which the same was constructed or is continued. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 344 (4) The expense of executing any work in pursuance of any such notice shall be borne by the said owner. * 347. Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house.- (1) If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under this Act, the Commissioner may, by notice, direct that the same shall no longer be used as a stable, cattle-shed or cow- house. (2) Every such notice shall state the ground therefor. Places of public resort and entertainment. * 348. Licences for use of enclosed place or buildings for public resort or entertainment.- No enclosed place or building, whether permanent or temporary, shall be used for public resort or entertainment in the following cases, unless a licence has been obtained in respect thereof under this Act - (a) In every case where the area within the enclosed place or occupied by the building is sixty square metres or more. (b) In case the area aforesaid is less than sixty square metres, if the public are allowed to take part in any game or competition therein. * 349. Application and grant of licence.- (1) When any person desires to obtain a licence to sue any enclosed place or building for public resort or entertainment, or to construct any enclosure or building for such purpose, he shall send an application to the Commissioner setting forth the name of the owner of the place or building, its situation, size and description, the material of which the enclosure or building is made or proposed to be made, whether it is or is proposed to be permanent or temporary, and the purpose for which it is proposed to be used. (2) Upon the receipt of any such application, the Commissioner shall inspect the place or building in respect of which a licence is required, and may call on the applicant, by notice in writing, to make any alteration or addition in the material or arrangement of the enclosure or building or in the precautions for the safety of the public to be assembled therein, and may refuse to grant a licence until the alteration or addition is made. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 345 (3) (a) If the Commissioner after consulting such authority or officer as the Government may from time to time by notification direct, is satisfied-- (i) that the enclosed place or building may safely be used for the purpose of public resort or entertainment proposed; (ii) that no objection, arising from its situation, ownership, or the purpose proposed exists, he shall give to the applicant a written licence, signed by him, specifying the enclosure or building and the purpose for which it is to be used. Such licence shall be in such form and subject to such fee and conditions as the Government may, from time to time, prescribe. (b) If the Commissioner is not satisfied as aforesaid, he may refuse a licence, recording his reasons for refusal in writing. (4) Every licence granted shall state the period for which it is to continue in force, and shall cease to be in force on the expiration of that period. * 350. Revocation or suspension of licence.- The Commissioner may, for reasons to be recorded in writing, revoke or suspend the licence when he has reason to believe -- (a) that the licences has been fraudulently obtained; (b) that the enclosed place or building has been used for other purposes of public resort or entertainment than that for which the licence was granted; (c) that the place or building can no longer be safely used for the purpose for which the licence was granted; (d) that any condition of the licence has been contravened. * 351. Appeal against order under section 350.- (1) Any applicant for a licence under this Act may appeal from any order made under section 350 to the municipal council. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 346 (2) The appeal shall be made within thirty days from the day on which the applicant received the order appealed against. (3) The appellate authority shall have the same power as the Commissioner to inspect and direct alteration or addition in the enclosed place or building. It may either grant or withhold the licence or make such order as it may think fit. * 352. Power to enter place of public resort to inspect licence or to prevent further use.- It shall be lawful for any officer of police in charge of a station or of higher rank than head constable or any other officer duly authorised by the Government by notification, to enter at any time any enclosure or building for which licence is required under this Act, to inspect the licence, if any has been issued, and, if there is no licence or if the conditions of the licence are not observed and if he sees reason to apprehend imminent danger to the public, to prevent the further use of such enclosure or building as a place of public resort or entertainment. * 353. Government may revise any proceedings under this Act.- The Government may call for and examine the record of any proceeding taken under this Act, may call for any report in connection therewith, may make or cause to be made any further inquiry and may pass any order which it may think fit. * 354. Prohibition of smoking in certain places where entertainments are held.- (1) If any entertainment (including a cinematograph exhibition, dance or drama) to which members of the public are admitted, whether on payment or not, is held in an enclosed place or building, then, no person shall, during the prohibited period as defined in sub-section (2) smoke either --- (a) on the stage except in so far as smoking may be part of the entertainment, or (b) in the auditorium, that is to say, in that portion of the enclosed place or building in which accommodation is provided for members of the public: Provided that the Government may, by notification, exempt any class of entertainments from the provisions of this sub-section. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 347 (2) For the purposes of section (1), “prohibited period” means so much of the period commencing thirty minutes before the beginning of the entertainment and ending with the termination thereof, as may fall within the hours which the Government may, by notification, specify in this behalf for entertainments generally or any class of entertainments. (3) Any person who contravenes the provisions of this section shall be liable to be rejected summarily from the enclosed place or building by any police officer and shall also be punishable with fine which may extend to fifty-rupees. (4) A person rejected under sub-section (3) shall not be entitled to the refund of any payment made by him for admission to the entertainment or to any other compensation. Trades, industries and factories * 355. Purpose for which places may not be used without licence.- (1) The council may, by a notification and by beat of drum, direct that no place within municipal limits shall be used for any one or more of the purposes specified in Schedule III without the licence of the Commissioner and except in accordance with the conditions specified therein and where the licence is for keeping hotels, restaurants, eating-houses, coffee houses, laundries or running barber saloons the licence issued by the Commissioner shall always contain and be deemed to contain a condition that admission or service therein shall be available to any member of the public: Provided that no such notification shall take effect until sixty days from the date of publication. (2) The owner or occupier of every such place shall within thirty days of the publication of such notification apply to the Commissioner for a licence for the use of such place for such purpose. (3) (a) On receipt of any such application, the Commissioner may, subject to the provisions of clauses (b) and (c), grant the licence specifying therein such conditions as he may think fit to impose in accordance with the rules, if any, made by the Government in this behalf or refuse to grant such licence. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974. 348 (b) Before granting or refusing a licence under clause (a), the Commissioner shall cause a full and complete investigation to be made in the prescribed manner in respect of the application and shall have due regard to: - (i) the suitability of the place in respect of which the licence is applied for; (ii) the possibility of any danger to life or health or property or the likelihood of any nuisance being created either from the nature or by reason of the manner in which or the conditions under which the place is proposed to be used; (iii) the provisions of other Acts, if any, and the rules and bye- laws made thereunder, regulating the use of places for the purposes for which a licence is applied for under this Act; and (iv) such other matters as may be prescribed. (c) If the Commissioner is satisfied either on a reference made to him in this behalf or otherwise that -- (i) a licence granted under clause (a) has been obtained by misrepresentation as to an essential fact, or (ii) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the Commissioner may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence. (d) Subject to any rules that may be made in this behalf by the Government, the Commissioner may also vary or amend a licence granted under clause (a). (4) Every such licence shall expire at the end of the year unless for special reasons the Commissioner considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein. (5) Applications for renewal of such licences shall be made not less than thirty and not more than ninety days before the end of every year and applications for licences for places to be newly opened shall be made not less than thirty and not more than ninety days before they are opened. 349 * 356. Applications to be made for construction, establishment or installation of factory, workshop as work-place in which steam or other power is to be employed.- (1) Every person intending --- (a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-power, water power or other mechanical power or electrical power, or (b) to install in any place any machinery or manufacturing plant driven by steam, water or other power as aforesaid, not being machinery or manufacturing plant excluded by rules, shall, before beginning such construction, establishment or installation, make an application in writing to the municipal council for permission to undertake the intended work. (2) The application shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, work-place or place and shall be accompanied by, -- (i) a plan of the factory, workshop, workplace or place prepared in such manner as may be prescribed by rules made in this behalf by the Government, and (ii) such particulars as to the power, machinery, plant or place as the municipal council may require by bye-laws made in this behalf. (3) The municipal council shall, as soon as may be, after the receipt of the application, --- (a) grant the permission applied for, either absolutely or subject to such conditions as it may think fit to impose, or (b) refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance or for any other reason to be recorded in writing. (4) Before granting permission under sub-section (3), the municipal council -- * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974. 350 (a) shall, if more than nine workers are proposed to be employed on any day in the factory, workshop, work-place or place, obtain the approval of the inspector of factories appointed under the Factories Act, 1948 (Central Act 43 of 1948) having jurisdiction in the area of the municipality, or if there is more than one such inspector, or of the inspector designated by the Government in this behalf by general special order, as regards the plan of the factory, workshop, work-place or place with reference to --- (i) the adequacy of the provision for ventilation and light, (ii) the sufficiency of the height and dimensions of the rooms and doors, (iii) the suitability of the exits to be used in case of fire, and (iv) such other matters as may be prescribed by rules made by the Government; and (b) shall consult, and have due regard to the opinion of, the municipal health officer where the municipal council employs such an officer and of the Director of Medical Services in other cases, as regards the suitability of the site of the factory, workshop, work-place or place for the purpose specified in the application. (5) (a) More than nine workers shall not be employed on any day in any factory, workshop, work-place or place, unless the permission granted in respect thereof under sub-section (3) authorised such employment, or unless fresh permission authorising such employment has been obtained from the municipal council. (b) Before granting such fresh permission, the council shall obtain the approval of the inspector of factories referred to in clause (a) of sub-section (4)as regards the plan of the factory, workshop, work- place or place with reference to the matters specified in that clause. (6) The grant of permission under this section, -- (a) shall in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the like, be, subject to such restrictions and control as may be prescribed; and (b) shall not be deemed to dispense with the necessity for compliance with the provisions of sections 291 and 293 or section 305 and 306, as the case may be. 351 Explanation.– In this section “workers” shall in relation to any factory, workshop, work-place or place, have the same meaning as in the Factories Act, 1948 (Central Act 43 of 1948). * 357. Council may issue directions for abatement of nuisance caused by steam or other power .- (1) If, in any factory, workshop, work-place in which steam-power, water-power or other mechanical power or electrical power is used, nuisance in the opinion of the municipal council, is caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the municipal council may issue such direction as it thinks fit for abatement of the nuisance within a reasonable time to be specified for the purpose. (2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the municipal council may – (a) prohibit the use of the particular kind of fuel employed, or (b) restrict the noise or vibration by prohibiting the working of the factory, workshop or work-place between the hours of 9-30 p.m. and 5-30 a.m. * 358. Power of the Government to pass orders or give directions to municipal councils.- The Government may, either generally or in any particular case, make such order or give such directions as it may deem fit in respect of any action taken or omitted to be taken under section 355, section 356 or section 357. * 359. Power of Commissioner to enter any factory, workshop or work-place.- (1) The Commissioner or any person authorised by him in this behalf may enter any factory, workshop or work-place -- (a) at any time between sunrise and sunset; (b) at any time when any industry is being carried on; and (c) at any time by day or by night, if he has reason to believe that any offence is being committed under section 356 or section 357. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974. 352 (2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of any force necessary for the purpose of effecting an entrance under this section. * 360. Prohibition of corruption of water by chemicals etc.- (1) No person engaged in any trade, or industry or manufacture specified in Schedule III shall -- (a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the municipal council or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade, or industry or manufacture as aforesaid; (b) wilfully do any act, connected with an such trade, or industry or manufacture as aforesaid whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place of water is fouled or corrupted. (2) The Commissioner may, after giving not less than twenty-four hours previous notice in writing to the owner or to the person who has the management or control of any work, pipes or conduits connected with any such manufacture or industry or trade as aforesaid, lay open and examine the said works, pipes or conduits; and if upon such examination it appears that sub-section (1) has been contravened by reason of anything contained in or proceeding from the said works, pipes or conduits, the expenses of such laying open and examination, and of any measure which the Commissioner shall in his discretion, require to be adopted for the discontinuance of the cause of such contravention, shall be paid by the owner of the said works, pipes or conduits, or by the person who has the management or control thereof, or through whose neglect or fault the said sub-section has been contravened; but if it appears that there has been no contravention of the said sub- section, the said expenses and the compensation for any damage occasioned by the said laying open and examination shall be paid by the Commissioner. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974. 353 Slaughtering * 361. Provision of municipal slaughter-houses.- (1) (a) the municipal council shall provide a sufficient number of places within municipal limits for use as municipal slaughter-houses and may charge rents and fees for their use at such rates as it may deem fit. (b) Such rents and fees shall be recoverable in the same manner as the property tax. (2) The council may --- (a) place the collection of such rents and fee under management of such persons as may appear to it proper, or (b) farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit. * 362. Licence for slaughter-houses.- (1) The owner of any place within municipal limits which is used as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of any carcasses, shall apply to the Commissioner for a licence sixty days before the opening of such place as a slaughter-house or before the commencement of the year for which the licence is sought to be renewed, as the case may be. (2) The Commissioner may, by an order and subject to such restrictions and regulations as to supervision and inspection as he thinks fit, grant or refuse to grant such licence. * 363. Slaughter of animals during festivals and ceremonies.- The Commissioner may allow any animal to be slaughtered in such place as he thinks fit on occasions of festivals and ceremonies or as a special measure. * 364. Slaughter of animals for sale as food.- No person shall -- (a) slaughter within the municipality, except in a public or licensed slaughter-house, any cattle, horse, sheep, goat or pig for sale as food, or skin or cut up any carcass without or otherwise than in conformity with a licence from the Commissioner; or (b) dry any skin or permit it to be dried in such manner as to cause a nuisance: * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 354 Provided that the Commissioner may authorise any person to slaughter, without licence and without the payment of any fee, any animal for the purpose of a religious ceremony. * 365. Sections 353 and 354 to be subject to Act 8 of 1965.- Sections 363 and 364 shall have effect subject to the provisions of the Puducherry Animals and Birds Sacrifices Prohibition Act, 1965. The milk trade ** 366. Regulation of milk trade.- (1) No person shall without or otherwise than in conformity with a licence from the Commissioner -- (a) carry on or be employed in, within the municipality, the trade or business of a dealer in, or importer or seller or hawker of, milk or diary produce; or (b) use any place in the municipality for the sale of milk or dairy- produce; Provided that no such licence shall be given to any person who is suffering from an infectious disease: Provided further that such licence shall be deemed to have been suspended while the person to whom it is granted is suffering from an infectious disease. (2) Such licence may be refused or may be granted on such conditions as the Commissioner may deem necessary which may extend to the construction, ventilation, conservancy, supervision and inspection of the premises whether within or outside municipal limits where the animals from which the milk-supply is derived are kept. Markets, butchers, fish-mongers, hawkers. * 367. Public markets.- All markets which are acquired, constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets and such markets shall be open to all persons irrespective of their caste or creed. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. ** The provisions of section 366 where declared extended to the Commune Panchayat specified below with effect from 16-7-1974 vide Extraordinary Gazette No. 92 dated 22nd July, 1974. 355 * 368. Powers in respect of public market.- (1) The council may provide places for use as public markets. (2) The council may, in any public market, levy any one or more of the following fees at such rates and may place the collection of such fees under the management of such person as may appear to it proper or may farm out such fees for any period not exceeding three years at a time and on such terms and subject to such conditions as it may deem fit – (a) fees for the use of, or for the right to expose goods for sale in, such markets; (b) fees for the use of shops, stalls, pens or stands in such markets; and (c) fees on vehicles or pack animals carrying, or on persons bringing, goods into such markets for sale; (d) fees on animals brought for sale into or sold in, such markets; and (e) licence fees on brokers, commission agents, weighmen and measurers practicing their calling in such markets. (3) The council may, with the sanction of the Government, close any pubic markets or part thereof. * 369. Control of the Commissioner over public markets.- (1) No person shall, without the permission of the Commissioner, or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market. (2) Any person who contravenes sub-section (1) or any conditions of the licence or any bye-law made under section 443 or who commits default in payment of the fees leviable under section 368, may, after three clear days’ notice, be summarily removed from such market by any municipal officer or servant and any lease or tenure which any person may possess may be terminated for such period and from such date as the Commissioner may determine without prejudice to legal rights of municipal council to prosecute the person or to recover the fees leviable under section 368 and the expenses, if any, which the municipal council may incur in such removal. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 356 * 370. Licence for private market.- (1) No person shall open a new private market or continue to keep a private market unless he obtains from the council a licence to do so. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought sixty days before such place is opened as market or before the commencement of the year for which the licence is sought to be renewed, as the case may be. (3) (a) The council may grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water-supply, width of paths and weight and measures to be used, and rents and fees to be charged in such market as the council may think proper. (b) The council may, however, at any time after giving the holder of the licence an opportunity of showing cause, suspend or cancel any licence which has been granted under this section for breach of the conditions thereof. (c) The council may also modify the conditions of licence to take effect from a specified date. (4) When a licence is granted, refused, suspended, cancelled or modified under this section the council shall cause a notice of such grant, refusal, suspension, cancellation or modification in English and in the regional language to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained. (5) Every licence granted under this section shall expire at the end of the year. * 371. Fee for licence.- When a licence granted under section 370 does not permit the levy of any fees of the nature specified in sub-section (2) of section 368, it shall be granted free of fee, provided that where permission to levy any such fee is granted, a fee not exceeding six hundred rupees shall be charged by the municipal council for such licence. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 357 * 372. Sale in unlicensed private markets. – It shall not be lawful for any person to sell, or expose for sale, any animal or article in any unlicensed private market. * 373. Power of council in respect of private market.- The council may, by notice, require the owner, occupier or farmer of any private market to -- (a) construct approaches, entrances, passages, gates, drains and cess-pits for such market and provide it with flush-out or other latrines of such description and in such position and number as the council may think fit; (b) roof and pave the whole or any portion of it, or pave any portion of the floor with such materials as will in the opinion of the council secure imperviousness and ready cleansing; (c) ventilate and light it properly and provide it with a supply of water; (d) provide passage of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the council may direct; and (e) keep it in a cleanly and proper state and remove all filth and refuse therefrom. * 374. Suspension or refusal of licence in default.- (1) If any person after notice given to him in that behalf by the council fails within the period and in the manner laid down in the said notice to carry out any of the works specified in the preceding section, the council may suspend the licence of the said person, or may refuse to grant him a licence, until such works have been completed. (2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal. * 375. Prohibition against nuisances in private markets.- No owner, occupier, agent or manager in charge of any private market, or of any shop, stall, shed or other place therein shall keep the same so that it is a nuisance or fail to cause anything that is a nuisance to be at once removed to a place to be specified by the council. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 358 * 376. Power to close private markets.- The council or any officer duly authorised by it in that behalf may close any private market in respect of which no licence had been applied for or the licence for which has been refused, withheld or suspended or which is held or kept open contrary to the provisions of this Act or the rules made thereunder. * 377. Acquisition of right of private persons to hold private markets.- (1) (a) A municipal council may acquire the rights of any person to hold a private market in any place and to levy fees therein. (b) The acquisition shall be made under the Land Acquisition Act, 1894 and such rights shall be deemed to be land for the purpose of that Act. (2) On payment by the municipal council of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold a private market and to levy fees therein shall vest in the municipal council. * 378. Duty of expelling persons suffering from leprosy, etc., from markets and power to expel disturbers.- The person in-charge of a market -- (a) shall prevent the entry therein or expel therefrom any person suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not having purchased the same, handles and articles exposed for sale therein, and (b) may expel therefrom any person who is creating a disturbance therein. * 379. Butcher’s, fish-monger’s and poulterer’s licence.- (1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fish monger or poulterer, or use any place for the sale of flesh or fish intended for human food in any place within municipal limits: Provided that no licence shall be required for a place used for the selling or storing for sale of preserved flesh or fish contained in airtight and hermetically sealed and unopened receptacles. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 359 (2) The Commissioner may, by order in writing and subject to such restrictions as to supervision and inspection as he thinks fit, grant or refuse to grant such licence. (3) Every such licence shall expire at the end of the year in which it is granted unless for special reasons the Commissioner considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein. * 380. Power to prohibit or regulate sale of articles in public streets.- The Commissioner may, with the previous sanction of the council, prohibit by public notice or licence, or regulate the sale or exposure for sale of any animals, birds or articles in or on any public street or part thereof. * 381. Decision of disputes as to whether places are markets.- If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, of animals including livestock or poultry, or cotton, ground-nut or other industrial crops or of any other raw or manufactured products is a market or not the municipal council shall make a reference to the Government and the decisions of the Government on the question shall be final. Cart-stands ** 382. Provision of public cart-stand, etc.- (1) The municipal council may construct or provide and maintain public landing places, halting places, cart-stands, cattle-sheds and cow-houses and may levy fees for the use of the same. (2) The council may --- (a) place the collection of any such fees under the management of such persons as may appear to it proper; or (b) farm out the collection of any such fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 29th July, 1976. 360 (3) A statement in English and in regional language of the fees fixed by the council for the use of such place shall be put in a conspicuous part thereof. Explanation. – A cart-stand shall, for the purpose of this Act, include a stand for carriages including motor vehicle within the meaning of the Motor Vehicles Act, 1939 (Central Act 4 of 1939) and animals. * 383. Prohibition of use of public place or sides of public streets as cart-stand, etc.- Where a municipal council has provided a public landing place, halting place, cart-stand, cattle-shed, or cow-house, the Commissioner may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the municipal council, of any public place or the sides of any public street. ** 384. Recovery of cart-stand fees, etc.- (1) If the fee leviable under sub-section (1) of section 382 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of the cart, carriage, motor vehicle or animal concerned as will, in his opinion, suffice to defray the amount due and in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal. (2) All property seized under sub-section (1) shall be sent within twenty- four hours to the Commissioner or to such person as he may have authorised in this behalf to receive and sell such property and the Commissioner shall forthwith give notice to the proprietor of the property seized, or, if the proprietor is not known, or is not resident within the municipality to the person who was in-charge of the said property at the time when it was seized, or if such person cannot be found, publish by beat of drum, that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold by auction at a place to be specified in the notice. (3) If, at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connection with the seizure, detention and proposed sale is tendered to the Commissioner or other person authorised as aforesaid, the property seized shall be forthwith released. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 29th July, 1976. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 361 (4) If no such tender is made, the property or a sufficient portion thereof may be sold and the proceeds of the sale applied to the payment of -- (i) the amount due on account of the fee; (ii) such penalty not exceeding the amount of the fee as the Commissioner may direct; and (iii) the expenses incurred in connection with the seizure, detention and sale. (5) If, after making the payments referred to in sub-section (4), there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto. * 385. Licence of private cart-stand.- (1) No person shall open a private cart-stand or continue to keep open a private cart-stand unless he obtains from the council a licence to do so. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty days and not more than ninety days before the opening of such place as a cart-stand or before the commencement of the year for which the licence is sought to be renewed, as the case may be. (3) (a) The council shall as regards private cart-stands already lawfully established and may, at its discretion, as regards new private cart- stands, grant the licence applied for subject to such regulations as to supervision and inspection and to such conditions as to conservancy as the council may think proper; or the council may refuse to grant any such licence. (b) The council may however, at any time for breach of the conditions thereof suspend or cancel any licence which has been granted under this section. The council may also modify the conditions of the licence to take effect from a specified date: Provided that the municipal council may refuse to renew the licence in the case of any private cart-stand already lawfully established so far as motor vehicles are concerned if such stand is found to be unsuitable for use as a bus-stand by Government or by the Regional Transport Authority under section 76 of the Motor Vehicle Act, 1939 (Central Act 4 of 1939). * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 362 (4) When a licence is granted, refused, suspended cancelled or modified under this section, the council shall cause a notice of such grant, refusal, suspension, cancellation or modification, in English and in regional language to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained. (5) The council may levy for every licence granted under this section, a fee not exceeding six hundred rupees per annum. (6) Every licence granted under this section shall expire at the end of the year. * 386. Acquisition of right of persons to keep private cart-stands.- (1) (a) A municipal council may acquire the rights of any person to keep a private cart-stand in any place and to levy fees therein. (b) The acquisition shall be made under the Land Acquisition Act, 1894 (Central Act 1 of 1984) and such rights shall be deemed to be land for the purposes of that Act. (2) On payment by the municipal council of the compensation awarded under the said Act in respect of such property, and any other charges incurred in acquiring it, the rights of such person to keep the private cart-stand and to levy fees therein shall vest in the municipal council. Porters * 387. Licensing of porters.- The Government may make rules providing for, -- (a) the grant of licences to persons carrying on the calling of porter in any public landing place, halting place or cart-stand provided by the municipal council; (b) the revocation or suspension of any such licence; (c) the terms and conditions subject to which and the authority by whom, such licence may be granted or renewed; (d) The authority to which any person aggrieved by refusal to grant or renew or by revocation, or suspension of such licence may appeal; and (e) the fees not exceeding twelve rupees per annum to be paid in respect of any such licence. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 363 Inspection of places for sale, etc. * 388. Duty of Commissioner to inspect.- It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter, oil and any other articles exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or preparation for sale. * 389. Powers of Commissioner for purposes of inspection.- (1) The Fommissioner or any other person authorised by him in writing for the purpose may, without notice enter any slaughter house or any place where animals, poultry or fish intended for food are exposed for sale or where articles of food are being manufactured or exposed for sale at any time by day or night, when the slaughter, exposure for sale or manufacture is being carried on and inspect the same and any utensil or vessel used for manufacturing, preparing or containing any such article. (2) If the Commissioner or any other person so authorised by him has reason to believe that in any animal intended for human food is being slaughtered or any carcass is being skinned or cut up or that any food is being manufactured, stored prepared, packed, cleansed, kept or exposed for sale, or sold without, or otherwise than in conformity with a licence, he may enter any such place without notice, at any time by day or night for the purpose of satisfying himself whether any provision of any law or rules or bye-laws or regulations made thereunder or any conditions of licence is being contravened. (3) No claim shall lie against the Commissioner or any person acting under his authority or the council for any damage or inconvenience necessarily caused by the exercise of power under this section or by the use of any force necessary for effecting an entry into any place under this section. (4) In any legal proceedings in respect of powers exercised under this section in which it is alleged that any animal, poultry, fish or articles of food were not exposed for sale, manufactured, slaughtered, skinned, cut up, stored, prepared, packed, cleansed kept for sale, sold or were not intended for human food, the burden of proof shall lie on the party so alleging. * 390. Preventing inspection by Commissioner.- No person shall in any manner whatsoever prevent the Commissioner or any other person duly authorised by him exercising his powers under section 389. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 364 * 391. Power of Commissioner to seize diseased animals, noxious food, etc.- If any animal, poultry or fish intended for food appears to the Commissioner or to any other person duly authorised by him, to be diseased, or any food appears to him to be noxious, or if any utensil or vessel used for manufacturing, preparing or containing such article appears to be of such kind or in such state as to render the article noxious, he may seize or carry away or secure such animal, poultry, fish, article, utensil, or vessel, in order that the same may be dealt with as hereinafter provided. Explanation. – Meat subject to the process of blowing shall be deemed to be noxious. * 392. Removing or interfering with articles seized.- No person shall remove or in any way interfere with an animal or article secured under section 391. * 393. Power to destroy article seized.- (1) When any animal, poultry, fish or articles of food or any utensil or vessel is seized under section 391 it may with the consent of the owner or person in whose possession it was found, be forthwith destroyed and if the article is perishable, without such consent. (2) Any expenses incurred in destroying anything under sub-section (1) shall be paid by the owner or person in whose possession it was at the time of its seizure. * 394. Production of articles etc., seized before Magistrate and powers of Magistrate to deal with them.- (1) Articles of food, animals, poultry, fish, utensils, vessels, and similar other articles seized under section 391 and not destroyed under section 393 shall as soon as possible be produced before a Magistrate. (2) If it appears to the Magistrate having jurisdiction on complaint or suo motu after taking such evidence as he thinks necessary that any such animal, poultry or fish is diseased, or any such article is noxious or any such utensil or vessel is of such kind or in such state as is described in section 391, he may order the same, --- * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 365 (a) to be forfeited to the council; (b) to be destroyed at the charge of the owner or person in whose possession it was at the time of seizure, in such manner as to prevent the same being again exposed or hawked about for sale, or used for human food or for the manufacture or preparation of or for containing, any such articles as aforesaid. Disposal of the dead * 395. Registration or closing of ownerless places for disposal of dead.- (1) Every owner or person having the control of any place used on the date of the commencement of this Act, as a place for burying, burning or otherwise disposing of the dead shall if such place be not already registered apply to the council to have such place registered. (2) If it appears to the council that there is no owner or person having the control of such place, it shall assume such control and register such place, or may, with the sanction of the Government, close it. * 396. Licensing of places for disposal of dead.- (1) No new place for the disposal of the dead, whether public or private, shall be opened, formed, constructed, or used unless a licence has been obtained from the council on application. (2) Such application for licence shall be accompanied by a plan of the place to be registered, showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the council may require. (3) The council may --- (a) grant or refuse a licence, or (b) postpone the grant of a licence until objections to the site have been removed or any particulars called for by it have been furnished. * 397. Provision of burial and burning grounds and crematoria within municipality.- (1) The council, may, and shall if no sufficient provision exists, provide, at the cost of the municipal fund, places to be used as burial or burning grounds or crematoria, within the limits of the municipality, and may charge rents and fees for the use thereof. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 366 (2) The council may farm out the collection of such rents and fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit. * 398. Register of registered, licenced and provided places and prohibition of use of other places.- (1) A book shall be kept at the municipal office in which the places registered, licenced or provided under section 395, section 396 or section 397 and all such places registered, licenced or provided before the commencement of this Act, shall be recorded, and the plans of such places shall be filed in such office. (2) Notice that such place has been registered, licenced or provided as aforesaid shall be affixed in English and in regional language to some conspicuous place at or near the entrance to the burial or burning ground or other place as aforesaid. (3) No person shall bury, burn or otherwise dispose of any corpse except in a place which has been registered, licenced or provided, as aforesaid. * 399. Report of burials and burnings.- The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal of a corpse at such place to any person appointed by the Commissioner in that behalf. * 400. Prohibition against use of burial and burning grounds dangerous to health or over-crowded with graves.- (1) If the council is satisfied --- (a) that any registered or licenced place for the disposal of the dead is in such a state or situation as to be, or likely to become, dangerous to the health of persons living in the neighbourhood thereof, or (b) that any burial ground is over-crowded with graves and if in the case of a public burial or burning ground or other place as aforesaid another convenient place duly authorised for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. 367 it may, with the previous sanction of the Government, give notice that it shall not be lawful after a period to be specified in such notice to bury, burn or otherwise dispose of any corpse at such place. (2) Every notice given under sub-section (1) shall be published in the Official Gazette and by beat of drum. (3) After the expiry of the period specified in such notice it shall not be lawful to bury, burn or otherwise dispose of a corpse at such place. * 401. Prohibitions in respect of corpses.- (1) Except with the permission of the Commissioner, no person shall --- (a) burn, bury or otherwise dispose of any corpse except at a place provided or maintained for the purpose; (b) retain a corpse on any premises, without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance; (c) bury or cause to be buried any corpse or part thereof in a grave whether dug, or constructed of masonry or otherwise, in such manner that the surface of the coffin or the surface of body where no coffin is used, is at a depth less than one and a half metres from the surface of the ground; or (d) build or dig or cause to be built or dug any grave in any burial ground at a less distance than six decimetres from the margin of any other existing grave; or (e) carry a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the council may, by public notice, from time to time think fit to require; (f) except when no other route is available, carry a corpse along any street, along which the carrying of corpses is prohibited by a public notice issued by the council in this behalf; * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. 368 (g) remove a corpse which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle; (h) whilst conveying a corpse, place or leave the same on or near any street without urgent necessity; (i) reopen for the interment of a corpse, a grave or vault already occupied; (j) after brining or causing to be brought to a burning ground any corpse fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground; (k) when burning or causing to be burnt any corpse permit the same or any portion thereof to remain without being completely reduced to ashes or permit any cloth or other article used for the conveyance or burning of such corpse to be removed or to remain on or near the place of burning without its being completely reduced to ashes; (l) exhume any body except under the provisions of section 176 of the Code of Criminal Procedure, 1898** (Central Act 5 of 1898) or of any other law for the time being in force, from any place for the disposal of the dead. Explanation. – For the purposes of this section, the expression “corpse” includes any part thereof. (2) Any person who contravenes any provision of sub-section (1), shall, on conviction, be punished with fine which may extend to one hundred rupees or in default with imprisonment which may extend to one month. * 402. Certificate for disposal of the dead.- No person in charge of any place for the disposal of the dead shall permit the disposal of any dead body at such place except on the production of a certificate signed by such authority as may be prescribed. * 403. Fencing, etc., of private burial grounds.– The owner of, or other person having control over any private burial ground, shall fence and maintain the same properly to the satisfaction of the Commissioner. * The section came into force on the 26th day of January, 1976 vide Extraordinary Gazette No. 11 dated 19th January, 1974. ** Now, Section 176 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 369 * 404. Grave-diggers, licence.- (1) No person shall discharge the office of a grave- digger or other attendant at a public place for the disposal of the dead other than a place provided by the Government unless he has been licensed in that behalf by the Commissioner. (2) The council may, after giving the holder of the licence an opportunity of showing cause, withdraw or cancel the licence. CHAPTER – XVI CATTLE-POUNDS ** 405. Cattle-trespass Act to cease to apply to municipalities. – The provisions of the Cattle-trespass Act, 1871 (Central Act 1 of 1871) (hereinafter in this section referred to as the said Act) shall cease to apply in relation to the municipalities to which this Act applies. Provided that: (a) nothing in this section shall affect the liability of any person to any penalty under the said Act. (b) any appointment, notification, order, rule made or issued or deemed to be made or issued under the said Act in respect of any cattle-pounds within the limits of any municipalities shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under this Act, and continue in force until superseded by any appointment, notification, order or rule made or issued under this Act; (c) any cattle-pound in this local area established or deemed to be established under the said Act shall be deemed to be vested in the council within whose limits it is situated and shall be maintained and managed by the council in accordance with the provisions of this Act. Explanation. – For the purposes of this Chapter, “cattle” means and includes bulls, bullocks, heifers, cows and their young, elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, rams, lambs, goats and kids. * The section came into force on the 26th day of January, 1976 vide Extraordinary Gazette No. 11 dated 19th January, 1974. ** The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. 370 * 406. Power to establish cattle-pounds and appoint pound-keepers.- (1) Notwithstanding anything contained in any law for the time being in force, every municipal council within the limit of its jurisdiction shall, from time to time, appoint such places as it thinks fit to be public pounds, and may appoint suitable persons to be keepers of such pounds. (2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the directions and control of the municipal council. * 407. Duties of pound-keepers.- (1) Every pound-keepers shall maintain such registers and prepare such returns as the Government may from time to time by rules prescribe. (2) When cattle are brought to a pound, the pound-keepers shall enter in the register --- (a) the number and description of the animals; (b) the day and hour on and at which they were so brought; (c) the name and residence of the seizer; and (d) the name and residence of the owner; if known; and shall give the seizer or his agent a copy of the entry. (3) The pound-keeper shall take charge of, feed and water, the cattle until they are disposed as hereinafter provided. * 408. Impounding cattle.- (1) It shall be the duty of every police officer and it shall be lawful for any municipal officer or servant authorised by the Commissioner in this behalf to seize and take to any public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within the municipal area. (2) It shall be lawful for any person who is the owner or who is in- charge of any private or public property to seize and take to any such public pound for confinement therein, any cattle trespassing upon such property or causing damage thereto. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 371 (3) Whoever forcibly opposes the seizure of cattle liable to be seized under this section, and whoever rescues the same after seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both. * 409. Delivery of cattle claimed.- If the owner of cattle which are impounded under section 408 or his agent appears and claims such cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 412. * 410. Security in respect of impounded cattle.- (1) Every pound-keeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the form prescribed by rules, a declaration regarding the ownership of such cattle and to deposit by way of security such sum as the Government may, by rules, prescribe. Different scales may be prescribed for different areas or different classes of cattle. (2) If any cattle belonging to such owner are again impounded within a period of six months from the date on which the security is deposited and if the seizure is not adjudged illegal the amount of deposit or a part thereof, as may be prescribed by rules, shall stand forfeited to the council. If cattle are not impounded as aforesaid the amount of security deposit shall, on application made by or on behalf of the depositor, be refunded to him on the expiry of that period. * 411. Sale of cattle not claimed.- (1) If within ten days after any cattle has been impounded, no person appearing to be the owner of such cattle claims the cattle under section 409 such cattle shall be forthwith sold by auction. (2) If within the period specified in sub-section (1) the owner or his agent claims the cattle but refuses or fails to pay the pound-fees and the expenses chargeable under the next succeeding section, the cattle or as many of them as may be necessary, shall be sold by auction: Provided that, if the cattle is not sold at auction under sub-section (1) or sub- section (2), it shall be disposed of in such other manner as the Government may by rules prescribe. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 372 (3) The Government may make rule prescribing the manner in which auction under sub-section (1) or sub-section (2) may be held. (4) The surplus remaining after deducting the pound-fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who within fifteen days after the sale, proves to the satisfaction of the Commissioner, that he was the owner of such cattle and shall, in any other case, form part of the municipal fund. (5) No police officer, or councillor or officer or servant of the council, including the pond-keeper, shall directly or indirectly, purchase any cattle at a sale under sub-section (1) or sub-section (2).