Trade Licenses and other Licenses for keeping animals and certain articles

 Trade Licenses and other Licenses for keeping animals and certain articles

376. Certain things not to be kept, and certain trades and operations not to be carried on, without License. - 

(1) Except under and in conformity with the terms and conditions of  License granted by the Commissioner, no person shall -


(a) keep in or upon any premises any article specified in the rules-

(i) in any quantity or in excess of the quantity specified in the rules as the maximum quantity of such article which may at one-time be kept in or upon the same premises without a license, and,

(ii) for any purpose whatever or for sale or for other than domestic use as may be specified in the case of each article in the rules;

(b) keep in or upon any buildings intended for or used as a dwelling or within fifteen feet of such building cotton, in pressed bales or boras or loose, in quantity exceeding four hundred-weight;

(c) keep, or allow to be kept, in or upon any premises, horses, cattle or other four-footed animals-

(i) for sale,
(ii) for letting out on hire,
(iii) for any purpose for which any charge is made or any remuneration is received, or
(iv) for sale of any produce thereof;

(d) carry on, or allow to be carried on, in or upon any premises-
(i) any of the trades or operations connected with any trade specified in the rules,
(ii) any trade or operation which in the opinion of the Commissioner is dangerous to life or health or property, or likely to create a nuisance either from its nature or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, carried on;

(e) carry on within the City, or use any premises for, the trade or operation of a carrier.

(2) A person shall be deemed to have known that a trade or operation is, in the opinion of the Commissioner, dangerous or likely to create a nuisance within the meaning of paragraph (ii) of clause (d) of sub-section (1), after written notice to that effect, signed by the Commissioner, has been served on such person or affixed to the premises to which it relates.

(3) A person shall be deemed to carry on or to allow to be carried on a trade or operation within the meaning of clause (d) of sub-section (1) if he does any act in furtherance of such trade or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman or otherwise.

(4) When any premises are used in the manner described in clause (c) or (d) of sub-section (1) it shall be presumed until the contrary is proved, that the owner or occupier of such premises, or both the owner and occupier have permitted such use.

(5) It shall be in the discretion of the Commissioner-

(a) to grant any licence referred to in sub-section (1) subject to such restrictions or conditions (if any) as he shall think fit to prescribe, or
(b) to withhold any such licence.

(6) Every person to whom a licence is, granted by the Commissioner under-sub­section (3) shall keep such licence in or upon the premises, if any, to which it relates.

(7) The Commissioner may at any time by day or night enter or inspect any premises for the use of which a licence has been granted under this section.

(8) Nothing in this section shall be deemed to apply to mills for spinning or weaving cotton, jute, wool or silk, or to any other large mill or factory which the Commissioner may from time to time with the approval of the Standing Committee specially exempt from the operation thereof.

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