OTHER POWERS AND PENALTIES
Markets and slaughter houses
162. Establishment of markets.—A municipality may establish and maintain markets at suitable
places of the Municipality for the convenience of the people.
163. Power to remove persons from municipal market.—If any officer specially empowered in
this behalf by the Nagar Panchayat or by the Council is satisfied that any person occupying any stall or
space in any municipal market is in unauthorised occupation of the stall or space or continues to occupy
the stall or space after authority to occupy has ceased, he may, with the previous sanction of the Nagar
Panchayat or of the Council, require such person to vacate the stall or space within such time as may be
mentioned in the requisition and such person may, in addition to any penalty to which he may be liable
under this Act, be summarily removed from the stall or space.
164. Places for slaughter of animals for sale.—(1) The Nagar Panchayat or, as the case may be, the
Council may, and when required by the Government shall fix places with the approval of the State
Government for slaughter of animals for sale, and the Nagar Panchayat or Council may grant and
withdraw licence for the use of such premises, or, if they vest in the Nagar Panchayat or Council, may
charge rent for fees of the use of the places.
(2) When any such premises have been fixed, no person shall slaughter any such animal for sale
within the Municipal area at any other place.
(3) Any person who slaughters for sale any animals at any place within the Municipal area other than
the one fixed by the Nagar Panchayat or as the case may be, the Council under this section shall be
punishable with fine which may extend to five hundred rupees.
165. Inspection before and after slaughter.—A Nagar Panchayat or, as the case may be, the
Council shall arrange for inspection of the animal by a Veterinary Surgeon or a competent person before
the animal is killed and may also arrange for inspection of the meat and organs for the purpose of
certification, as may be laid down by bye-laws of the meat for use as food.
166. Licensing of butcher.—No person shall carry on the profession of a butcher except under a
licence from the municipality.
Nuisances from certain trades, professions, etc.
167. Regulation of offensive trades.—(1) If it is shown to the satisfaction of a Nagar Panchayat or of
a Council that any building or place within the limits of the Municipality which any person uses or
intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of
any article, by reason of such use, or by reason of such intended use, occasions or is likely to cause a
public nuisance, the Nagar Panchayat or the Council may at its option require by notice the owner or
occupier of the building or place—
(a) to desist or refrain, as the case may be, from using, or allowing to be used, the building or
place for such purpose, or
(b) only to use, or allow to be used, the building or place for such purpose under such conditions
or after such structural alterations as the Nagar Panchayat or the Council imposes or prescribes in the
notice with the object of rendering the use of the building or place for such purpose free from
objection.
(2) Whoever, after receiving a notice given under sub-section (1), uses or allows to be used any
building or place in contravention of the notice shall be punishable with fine which may extend to four
hundred rupees for every day on which he so uses or allows to be used the place or building after the date
of the first conviction.
168. Certain offensive and dangerous trades not to be established within the limits to be fixed
by the municipality without licence.—(1)Within such local limits as may be fixed by the municipality
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no place shall be used without a licence from the municipality which shall be renewable annually, for any
of the following purposes, namely:—
(a) melting tallow;
(b) boiling offal or blood;
(c) skinning or disembowelling animal;
(d) the manufacture of bricks, pottery, tiles or lime in a klin, panja or lamp or by any other
similiar method;
(e) as a soap-house, oil-boiling house, dyeing house;
(f) as tannery, slaughter-house;
(g) as a manufactory or place of business from which offensive or unwholesome odour may arise;
(h) as a yard or depot for hay, straw, bamboo, thatching grass, jute or other dangerously
inflammable material for the purpose of any trade;
(i) any store-house for kerosene, petroleum napthamcoal-tar or any inflammable oil or wholesale
stock of matches exceeding one hundred gross;
(j) as a shop for the sale of meat;
(k) as a place for the storage of rags or bones, or both;
(l) tea stall;
(m) sweetmeat stall;
(n) hotel or eating house;
(o) aerated water;
(p) bakery, including biscuit factory.
(2) Such licence shall not be withheld unless the municipality has reason to believe that the business
which it is intended to establish or maintain would be offensive or dangerous to persons residing in or
frequenting the neighbourhood.
(3) The municipality may, subject, to such restrictions, if any, as it may impose, extend the provisions
of this section to yards or depots for trade in coal, coke, timber or wood.
(4) The grant of a licence for the purposes mentioned in clause (i) of sub-section (1) shall be
consistent with the provision of the Petroleum Act, 1934 (30 of 1934) and no such licences shall be
granted unless the said provisions have been complied with by the applicant for the licence.
169. Cinemas, dramatic performances, circuses, etc.—(1) No place within a municipality shall be
kept open for the purposes of regular gain or otherwise by means of public cinematographic exhibitions,
dramatic performances, circuses, variety shows, or for purposes of public resort for similar recreations or
amusements unless a licence has been granted therefor by the municipality, which licence shall be
annually renewable and in accordance with such conditions as the municipality, subject to rules, may
deem fit to impose:
Provided that such conditions shall not be inconsistent with the terms of any licence which may be
required for such place under any other Act.
(2) No place within the municipality shall be used for the purposes of public cinematographic,
performance, circus, variety shows, or as a place of public resort for similar recreations or amusements,
otherwise than for the purpose of regular gain, unless a licence has been granted for such purpose by the
municipality and in accordance with such conditions as the municipality, subject to rules, may think fit to
impose:
Provided that such conditions shall not be inconsistent with the terms of any licence which may be
required for such places under any other Act:
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Provided further that this sub-section shall not apply to private amateur performances or to
performances held wholly for the benefit of charity, in any such place.
(3) If within a period of three months following the receipt of an application for licence under
sub-section (1) or sub-section (2) the Nagar Panchayat or the Council at a meeting has not passed order
thereon, either granting or refusing a licence, it shall be deemed to have granted the licence.
170. Cancellation, revocation, etc., of licences.—Subject to the provisions of section 196, any
licence granted under section 169 by the municipality may, at any time, be suspended or revoked by it, if
any of the restriction, limitations or conditions attached to the licence, be evaded or infringed by the
grantee or if the grantee be convicted of a breach of any of the provisions of this Act or of any rule or
bye-law made thereunder in any matter to which such licence relates or if the grantee has obtained the
same by misrepresentation or fraud.
171. Publication of order of refusal, suspension of licences.—Every order granting, refusing,
suspending, revoking, or modifying a licence under section 169 or section 170, as the case may be, shall
be, in writing, shall state the ground on which it proceeds, shall be published on the notice board of the
office of the Nagar Panchayat or the Council and shall also be served on the owner of the premises
concerned within fourteen days of the order.
172. Power to close market, tea-stall, etc.—(1) The Nagar Panchayat or, as the case may be, the
Council may, with a view to preventing the spread of any infectious or contagious disease, order that for a
specified time, any market, tea-stall or restaurant, hotel or lodging-house within the Municipality shall be
closed, or forbid any persons to attend any such market, tea-stall or restaurant, hotel or lodging-house.
(2) Such order shall be notified in such manner and at such places as the Nagar Panchayat or the
Council may direct, and notice thereof shall be served on the owner, occupier or vendor of the market or
the keeper of the hotel or lodging-house, tea-stall or restaurant.
(3) After complying with the notice to the owner or occupier, or vendor of the market or the keeper of
the hotel or lodging-house, tea-stall or restaurant or any person interested may appeal to the Deputy
Commissioner, and if he considers the notice to be unreasonable, the order of the Deputy Commissioner
shall be final.
(4) When an order has been notified under sub-section (2) and has not been set aside under
sub-section (3) any owner, occupier or vendor of a market or the keeper of hotel or lodging-house,
tea-stall or restaurant who neglects to close the market, hotel or lodging-house, tea-stall or restaurant shall
be liable to a fine which may extend to five thousand rupees; and any person who attends such market,
hotel or lodging-house, tea-stall or restaurant in contravention of the terms of the order shall be liable to
fine which may extend to five hundred rupees.
Infectious or contagious diseases
173. Penalty for failure to give information of cholera.—Whoever—
(a) being a medical practitioner and in the course of such practice becoming cognizant of the
existence of cholera, plague, small pox or other infectious disease, that may be notified in this behalf
by the Government in any dwelling-house other than a public hospital in the municipality, or
(b) being the owner or occupier of such dwelling house, and being cognizant of the existence of
any such infectious disease therein, or
(c) being the person in charge of, or in attendance, on a person suffering from any such infectious
disease in such dwelling-house, and being cognizant of the existence of the disease therein,
fails to give information within twenty-four hours of becoming so cognizant or gives false information to
such officer as the Nagar Panchayat or as the case may be, the Council may appoint in this behalf
respecting the existence of such disease shall be punishable with fine which may extend to five hundred
rupees.
174. Disinfection of building and articles.—(1) If the Nagar Panchayat or, as the case may be, the
Council is of opinion that the cleansing or disinfecting of a building or any part thereof or of any article
therein, which is likely to retain infection, will tend to prevent or check the spread of any disease, it may,
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by notice require the owner or occupier to cleanse or disinfect the same in the manner and within the time
prescribed in such notice.
(2) If—
(a) within the time specified as aforesaid from the receipt of the notice the person on whom the
notice is served to have the building or part thereof or the article disinfected, or
(b) the occupier or owner, as the case may be, gives his consent,
the Nagar Panchayat or the Council may, at the cost of such owner or occupier, cause the building or part
thereof and articles to be cleansed and disinfected:
Provided that the Nagar Panchayat or the Council may, in its discretion pay the whole or any part of
such cost.
175. Penalty for letting infected house.—Every person knowingly letting a house or other building
or part of a house or building in which any person suffering from an infectious or contagious disease, had
lived without having such house or other building or part thereof and all articles therein liable to retain
infection, disinfected thereafter to the satisfaction of the Nagar Panchayat or the Council, shall be
punishable with fine not exceeding two thousand rupees.
Explanation.—For the purpose of this section a hotel or lodging-house keeper shall be deemed to let
part of his house to any person admitted as a guest into his hotel or lodging-house.
176. Power of entry for purpose of preventing spread of disease.—The Nagar Panchayat or, as the
case may be, the Council may authorise any officer to enter, at any time between sunrise and sunset, after
three hours notice into any building or premises in which any infectious or contagious disease is reported
or suspected to exist, for the purposes of inspecting such building or premises on the basis of the report of
the officer. The Nagar Panchayat or the Council will have the power to declare that a person is suffering
from contagious disease and that house is infectious.
177. Removal to hospital of patients suffering from infectious disease.—In any municipality when
any person suffering from any infectious disease is found to be—
(a) without proper lodging or accomodation, or
(b) living in a Serai or other public hostel, or
(c) living in a room or house which neither he nor any one, of whom he is a dependent, either
own or pays rent for,
the Nagar Panchayat or, as the case may be, the Council, by any persons authorised by it in this behalf
may, on the advice of an Assistant Surgeon, remove the patient to any hospital or place at which persons
suffering from such diseases are received for medical treatment and may do anything necessary for such
removal.
Park, playground and open space
178. Municipality to provide places for recreation.—The municipality may provide open spaces,
parks, playgrounds, common swimming pools and amenities for the use and enjoyment of the people and
may frame bye-laws regulating their use.
179. Function and powers in regard to pounds.—Every municipality shall, in regard to the
establishment, maintenance and management of pounds, perform such function as may be transferred to it
by notification under section 31 of the Cattle Trespass Act, 1871 (1 of 1871 ) and lease out pound, when
so transferred, according to rules framed under this section.