405. Provisions of municipal markets and slaughter houses.—(1) The Commissioner, when
authorised by 1
[
2
[the Corporation]] in this behalf, may provide and maintain municipal markets and
slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings
and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or
slaughter houses and may provide and maintain in any such markets, buildings and places machines,
weights, scales and measures for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughter houses shall be under the control of the Commissioner who may,
at any time, by public notice, close any municipal market or slaughter house or any part thereof.
406. Use of municipal markets.—(1) No persons shall, without the general or special permission in
writing of the Commissioner, sell or expose for sale any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for
sale by such person, may be summarily removed from the market by or under the orders of the
Commissioner or any officer or employee of 1
[
2
[the Corporation]] authorised by the Commissioner in this
behalf.
1. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f.22-5-2022).
138
407. Private markets and slaughter houses.—(1) No place other than a municipal market shall be
used as a market unless such place has been licensed as a market by the Commissioner.
(2) No place other than a municipal slaughter house shall be used as a slaughter house:
Provided that nothing in this sub-section shall be deemed—
(a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or
ceremony, subject to such conditions (non-compliance with which shall be punishable under this Act)
as the Commissioner may, by public or special notice, impose in this behalf, or
(b) to prevent the Commissioner, with the sanction of 1
[
2
[the Corporation]], from setting apart
places for the slaughter of animals in accordance with religious custom.
408. Conditions of grant of licence for private market.—(1) The Commissioner may charge such
fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may
grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder,
as he thinks fit to impose.
(2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons
for such refusal.
(3) The Commissioner may, with the previous approval of the Standing Committee and for reasons to
be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such
licence.
(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed
with effect from such date as may be specified in the order of suspension or cancellation.
409. Prohibition of keeping market open without licence, etc.—(1) No person shall keep open for
public use any market in respect of which a licence is required by or under this Act without obtaining a
licence therefor, or while the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is suspended or cancelled the
Commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such
language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place
to which the notice relates.
410. Prohibition of use of unlicenced markets.—No person knowing that any market has been opened
to the public without a licence having been obtained therefor when such licence is required by or under this
Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall
sell or expose for sale any animal or article in such market.
411. Prohibition of business and trade near a market.—(1) No animal or article shall be sold or
exposed for sale within a distance of one hundred yards of any municipal market or licensed private market
without the permission of the Commissioner.
(2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for
sale by such person may be summarily removed by or under the orders of the Commissioner or any officer
or employee of 1
[
2
[the Corporation]] appointed by him in this behalf.
412. Levy of stallages, rents and fees.—The Commissioner, with the previous approval of the
Standing Committee, may—
(a) charge such stallages, rents or fees as may from time to time be fixed by him in this behalf—
(i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or
municipal slaughter house;
(ii) for the right to expose articles for sale in a municipal market;
1. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f.22-5-2022).
139
(iii) for the use of machines, weights, scales and measures provided for in any municipal market; and
(iv) for the right to slaughter animals in any municipal slaughter house, and for the feed of such animals
before they are ready for slaughter; or
(b) farm the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period
as he may think fit; or
(c) put up to public auction or dispose of by private sale, the privilege of occupying or using any
stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and
on such conditions as he may think fit.
413. Stallages, rents, etc., to be published.—A copy of the table of stallages, rents and fees, if any,
chargeable in any municipal market or municipal slaughter house, and of the bye-laws made under this Act
for the purpose of regulating the use of such market or slaughter house printed in such language or languages
as the Commissioner may direct, shall be affixed in same conspicuous place in the market or slaughter
house.
414. Power to expel lepers and disturbers, etc. from markets.—The person in charge of a market
shall prevent the entry therein of, and shall expel therefrom, any person suffering from leprosy in whom
the process of ulceration has commenced or from any dangerous disease, who sells or exposes for sale
therein any article or who, not having purchased the same handles any articles exposed for sale therein; and
he may expel therefrom any person whom is creating a disturbance therein.
415. Butcher’s, fish-monger’s and poulter’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, poulterer
or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended
for human food:
Provided that no licence shall be required for any place used for the sale or storage for sale of preserved
flesh or fish contained in airtight or hermetically sealed receptacles.
(2) The Commissioner may by order and subject to such conditions as to supervision and inspection as
he thinks fit to impose grant a licence or may by order refuse for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date
as the Commissioner may, for special reasons, specify in the licence.
(4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this
section, the Commissioner may stop the use thereof by such means as he may consider necessary.
Trades and Occupations
416. Factory, etc., not to be established without permission of the Commissioner.—(1) No person
shall, without the previous permission in writing of the Commissioner, establish in any premises, or
materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ
steam, electricity, water or other mechanical power.
(2) The Commissioner may refuse to give such permission, if he is of the opinion that the establishment,
alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position
would be objectionable by reason of the density of the population in the neighbourhood thereof, or would
be a nuisance to the inhabitants of the neighbourhood.
417. Premises not to be used for certain purposes without licence.—(1) No person shall use or
permit to be used any premises for any of the following purposes without or otherwise than in conformity
with the terms of a licence granted by the Commissioner in this behalf, namely:—
(a) any of the purposes specified in Part I of the Eleventh Schedule;
(b) any purpose which is, in the opinion of the Commissioner dangerous to life, health or property
or likely to create a nuisance;
140
(c) keeping horses, cattle or other quardruped animals or birds for transportation, sale or hire or for
sale of the produce thereof; or
(d) storing any of the articles specified in Part II of the Eleventh Schedule except for domestic use
of any those article’s:
Provided that 1
[
2
[the Corporation]] may declare that premises in which the aggregate quantity of articles
stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such
articles shall be exempted from the operation of clause (d).
(2) In prescribing the terms of a licence granted under this section for the use of premises as mills or
iron yards or for similar purposes the Commissioner may, when he thinks fit, require the licensee to provide
a space or passage within the premises for carts for loading and unloading purposes.
(3) 3
[
4
[The Corporation]] shall fix a scale of fees to be paid in respect of premises licensed under
sub-section (1):
5* * * * *
418. Seizure of certain animals.—(1) If any horses, cattle or other quadruped animals or birds are kept
on any premises in contravention of the provisions of section 417, or are found abandoned and roaming or
tethered on any street or public place or on any land belonging to 1
[
2
[the Corporation]], the Commissioner
or any officer empowered by him may seize them and may cause them to be impounded or removed to such
place as may be appointed by the Government or 1
[
2
[the Corporation]] for this purpose and the cost of
seizure of these animals or birds and of impounding or removing them and of feeding and watering them
shall be recoverable by sale by auction of these animals or birds:
Provided that anyone claiming such animal or bird may, within seven days of the seizure get them
released on his paying all expenses incurred by the Commissioner in seizing, impounding or removing and
in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and
birds issued under the provisions of section 417.
(2) Whenever the Commissioner is of opinion that the user of any premises for any of the purposes
referred to in sub-section (1) of section 417 is causing a nuisance and such nuisance should be immediately
stopped, the Commissioner may order the owner or the occupier of the premises to stop such nuisance
within such time as may be specified in the order and in the event of the failure of the owner or occupier to
comply with such order, the Commissioner may himself or by an officer subordinate to him cause such user
to be stopped.
(3) Without prejudice to the foregoing provisions of this section any person by whom or at whose
instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall
also be punishable under this Act.
419. Power of Commissioner to prevent use of premises in particular areas for purposes referred
to in section 417.—(1) The Commissioner may give public notice of his intention to declare that in any
area specified in the notice no person shall use any premises for any of the purposes referred to in subsection (1) of section 417, which may be specified in such notice.
(2) No objections to any such declarations shall be received after a period of one month from the
publication of the notice.
(3) The Commissioner shall consider all objections received within the said period, giving any person
affected by the notice an opportunity of being heard during such consideration, and may thereupon make a
1. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f.22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f.22-5-2022).
5. Proviso omitted by Act 7 of 2004, s. 5 (w.e.f. 7-12-2004).
141
declaration in accordance with the notice published under sub-section (1), with such modifications, if any,
as he may think fit but not so as to extend its application.
(4) Every such declaration shall be published in the Official Gazette and in such other manner as the
Commissioner may determine, and shall take effect from the date of its publication in the Official Gazette.
(5) No person shall, in any area specified in any declaration published under sub-section (4), use any
premises for any of the purposes referred to in section 417 specified in the declaration and the
Commissioner shall have the power to stop the use of any such premises by such means as he considers
necessary.
420. Licences for hawking articles, etc.—No person shall, without or otherwise than in conformity
with the terms of a licence granted by the Commissioner in this behalf,—
(a) hawk or expose for sale in any place any article whatsoever whether it be for human
consumption or not;
(b) use in any place his skill in any handicraft or for rendering services to and for the convenience
of the public for the purposes of gain or making a living.
421. Eating houses, etc. not to be used without licence from the Commissioner.—(1) No person
shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in
this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe,
restaurant, refreshment room or any place where the public are admitted for repose or for the consumption
of any food or drink or any place where food is sold or prepared for sale.
(2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if
he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such
licence or with the provisions of any bye-law made in this behalf whether the licensee is prosecuted under
this Act or not.
422. Licensing and control of theatres, circuses and places of public amusement.—No person shall,
without or otherwise than in confirmity with the terms of a licence granted by the Commissioner in this
behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort,
recreation or amusement:
Provided that nothing in this section shall apply to private performances in any such place.
423. Power of Commissioner to stop use of premises used in contravention of licences.—If the
Commissioner is of opinion that any eating House, lodging house, hotel, boarding house, tea shop, coffee
house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for
consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema
house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a
licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop
the use of any such premises for any such purpose for a specified period by such means as he may consider
necessary.
Inspection of places of sales, etc.
424. Power of Commissioner to inspect places where unlawful slaughter of animals, etc., is
suspected.—(1) If the Commissioner or any person authorised by him in this behalf has reason to believe
that any animal intended for human consumption is being slaughtered or that the flesh of any such animal
is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may, at any
time by day or night without notice, inspect such place for the purpose of satisfying himself as to whether
any provision of this Act or of any bye-law under this Act at the time in force is being contravened thereat
and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise dispose of any animal or carcass
of any animal or any flesh seized under sub-section (1).
(3) If within one month of such seizure the owner of the animal, carcass or flesh face to appear and
prove his claim to the satisfaction of the Commissioner or if the owner is convicted of an offence under this
142
Act in respect of such animal, carcass or flesh, the proceeds of any sale under sub-section (1) shall vest in
1
[
2
[the Corporation]].
(4) Any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in
any place or manner not duly authorised under the provisions of this Act may be arrested by any police
officer without a warrant.
(5) No claim shall lie against any person for compensation for any damage necessarily caused by any
such entry or by the use of any force necessary for affecting such entry.