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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Markets, Slaughter-houses, Trades And Occupations
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331. Provision of municipal markets and slaughter
houses. –
(1) The Commissioner, when authorised by 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.
332. Use of municipal markets. –
(1) No person 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 (l), 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 the Corporation authorised by the Commissioner
in this behalf.
333. 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-houses 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 the Corporation,
from setting apart places for the slaughter of animals in accordance
with religious custom.
334. 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.
130 Markets, Slaughter. houses, Trades And Occupations,
(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 Corporation
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.
335. Prohibition of keeping markets open
without license, 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 license therefor is suspended or
after the same has been can- celled.
(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 bc posted in
such language of languages as he thinks necessary in some conspicuous
place by or near the entrance to the place to which the notice relates.
336. Prohibition of use of unlicensed markets.
- No person knowing that any market has been opened to the public
without a licence having been obtained thereof 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.
337. Prohibition of business and trade.
- (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 provision 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 the Corporation appointed by him in this behalf.
338. Levy of stallages, the rent and the
fees. - The Commissioner, with the previous approval of
the Corporation, 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
(il) for the right to expose articles for sale in a municipal market.
(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 fees of such animals beforethey are ready for slaughter;
or
(b) from the stallages, rents and fees chargeable as aforesaid or
any position 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,
339, Stallages, rents, etc., to be published. –
A copy of the table of staliages, 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 some conspicuous place in the market or slaughter-house.
340. 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 article
exposed for sale therein; and he may expel therefrom any person who
is creating a disturbance therein.
341. Butcher's fishmonger'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, 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.
342. Factory, etc., not to be established
without permission of. 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 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.
343. 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 second
Schedule;
(b) any purpose which is, in the opinion of the Commissioner dangerous
to life, health or property or likely to create a nuisance;
(c) keeping horses, cattle or other quadruped 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 second
Schedule except for domestic use of any of those articles: Provided
that 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 or 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 licence to provide
a space or passage within the premises for carts for loading and unloading
purposes.
(3) The Corporation shall fix a scale of fees to be paid in respect
of premises licenced under sub-section
(1): Provided that no such fee shall exceed five hundred rupees.
344. 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
343, or are found abandoned and roaming or tethered on any street
or public place or on any land belonging to 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 the Corporation for this purpose and 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 birds may, within seven
davs 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
343.
(2) Whenever the Commissioner is of opinion that the user of any premises
for any of the purposes referred to ill sub-section ( 1 ) of Section
343 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.
345. Power of the Commissioner to prevent
use of premises in particular area for purposes referred to in Section
343.-
{1) The Commissioner rnay 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 sub-section ( 1 ) of Section
343, which may be specified in such notice.
(2) No 'objections to any such declaration shall be received after
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
declaration in accordance with the notice published under sub-section
(1), with such modification, 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 343 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.
346. 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,
347. Eating houses, etc., not to be used
without licence from 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 opinion that the premises
covered thereby are not kept in confirmity 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.
348. Licencing and control of theatres, circuses
and places of public amusement. - No person shall without
or otherwise than in conformity 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.
349. 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.
350. Power of Commissioner to inspect places
where unlawful slaughter of animal, 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 places for the purpose of satisfying himself as to whether
any provision of this Act or of any bye-law made 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 other-wise
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
of flesh fails to appear and prove his claim to the satisfaction of
the Commissioner or if the owner is convicted of an offence under
this Act in respect of such animal carcass or flesh, the proceeds
of any sale under sub- section (l) shall vest in 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 effecting such entry. |
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