Maharashtra Trade License - General Conditions

GENERAL CONDITIONS

1.The license fee is non-refundable .

2.The license when its fees are received by cheque,will be valid only on realization of the cheque, till then or if the cheque is dishonored on any account the party concerned will be deemed to be without a license and will be dealt with as such . 

3.The license does not absolve the licensee from the obligations arising out of any other provisions of the Mumbai Municipal Corporation Act or other legislation in vogue ,and the license is liable for suspension ,revolution or cancellation if so required in that connection.

4.The licensee shall not exceed or violate or in any way infringe the limits of the particulars mentioned above for which the license is granted.

5.The licensed premises for the purposes of this license will mean the number of rooms, godowns , sheds , structures ,open spaces etc., if any mentioned in the license.

6.The licensee shall exhibit this license and along with it letters of requirements or conditions if any communicated to him for compliance in connection with this license from time to time either prior to or after the grant of the license in a conspicuous part of the licensed premises ad shall produce the same for inspection purposes whenever demanded by a duly authorized officer or officers of the Corporation .

7.The licensee shall inform the Superintendent of Licenses Ward-Officer or Executive Health Officer as the case may be inwriting at least a month in advance of the date of intended change of the date of expiry of license whichever is earlier of anyintended change in the particulars mentioned in the license .

8.The licensee shall at all times adopt and cause to be maintained in working order all fire fighting equipments and take all fire precautionary measures and shall also comply with and observe all such requirements or requisitions as any officer duly authorized has recommended or recommunicated or will communicate to him in writing from time to time either prior to or during the currency of the license in connection with his license.

9.The licensee shall not absent himself from the licensed premises for more than 14 days consecutively unless he has obtained a license for some other person to carry o the trade in his absence. Failure to do so will render the licensee liable for prosecution or suspension or revocation of the license.

10.The licensee shall not use or allow or permit to be used any portion of the licensed premises for the purpose of dwelling or cooking and no fire or naked flame shall be lighted or allowed to be lighted therein other than what is authorized. 11.The licensed premises shall be made available for Inspection by the licensee or his agent at anytime to any duly authorized officer of the Corporation immediately whenever required .

12.No other licensable trade or operation or commodity than licensed herein shall be carried on or allowed to be carried on or allowed to be kept without a separate license from the Municipal Corporation Officer .

13.The licensee will be liable for prosecution and/or the license will be liable to suspension or revocation if the licensed premises or the licensed commodity are/is kept or used or the licensed trade or any operation connected with it is so carried on as to be or likely to be in the opinion of the Municipal Commissioner or any duly authorized of the Corporation a source of nuisanceor danger to life, health or property .

14.The licensee shall not keep or allow to be kept any article in connection with or any way related to the licensed commodity,trade process or operation or carry on or allow to be carried on any operation or process connected with or any way related tothe licensed commodity, trade or operation or processes outside the licensed premises or on public road or street. 15.The licensee shall pay the prescribed fee for the renewal of the licenses for the next year as will be chargeable in accordance with the schedule fixed by the Corporation and current on the day of issue of the renewal of the license and the license fee paid may be liable to be revised even after the issue of the license in case if the same are modified by the Corporation and the licensee shall then be liable to make good the difference of the fees paid by him on receipt of and in accordance with an intimation in that respect failing which the license will be treated as null and void . The licensee shall get his license renewed before one month from the date of expiry of this license on payment of necessaryprescribed fees for the same. No other notice will be given to the licensee for this. If he fails to pay such fees within the time prescribed as above he can still get his license renewed if so allowed by the Superintendent of Licenses Ward-Officer or by anyother competent officer. In the absence of such payment he will render himself liable for prosecution he being treated as being without a license and his claim for renewal of license may not be considered.

16.A notice or intimation purporting to suspend or to revoke this license signed by any competent authority of the Corporation and sent to the licensee through the post or by hand deliver or affixed on the license premises shall be deemed to and shall suspend or revoke this license as the case may be at the expiration of the period if any mentioned in the notice or intimation and in the absence of such period, from the date of its issue .

17.The suspension or revocation of this license for any reason shall not prejudice or affect any claim or demand what so everof the Municipal Commissioner and the Superintendent of Licenses Ward-Officer or any competent authority of the Corporation here under or otherwise nor shall the licensee be entitled in the event of the suspension or revocation of this license to anyrefund of any payment what so ever made by him he reunder .

18.The license shall have to pay security deposit as may be prescribed from time to time for faithful observance of the license conditions and the same will be forfeited to the Municipal Treasury at the discretion of the Municipal Commissioner or the Superintendent of licenses Ward-Officer or any other competent authority of the Corporation in case any license condition is infringed any time by the license of his agent or the servant .The licensee shall also be liable for prosecution and/or the license will be liable for suspension or revocation for such infringements of the license.

19.All exits of the licensed premises shall be kept clear of obstruction at all times .

20.The licensee shall not do or permit to be done in the said license pr emises any act which may calculate to cause fire orotherwise endanger public safety .

21.The licensee shall provide and maintain in good repairs and use a metallic sanitary dust bin or bins approved pattern with a closefitting lid for each and shall arrange to deposit therein waste and sweepings from the licensed premises, the licenses shall arrange to remove and deposit this trade refuse viz.,the contents of the sanitary bin or bins at least once a day at the dumping grounds appointed by the Municipal commi ssioner for the removal and deposit of trade refuse. In the alternative the licensee shall avail of the transport facilities provided by the Municipal Corporation for the removal and deposit of trade refuse at the appointed dumping grounds on payment of fixed charges.

22.The licensee shall put up a board both in Marathi and English outside such premises on a conspicuous part near the main entrance indicating thereon the nature of the article kept or the trade process or operation carried on, in or upon the premises the Municipal license number, if any in respect thereof and the name and local address of the owner or occupier or person in charge of the premises .

23.The licensee shall put proper label on the packing or container of every licensable article to indicate its name, contents and hazardous nature .

24.Any structural alterations or additions of and/or on the licensed premises shall not be carried out without the prior consent of the licensing authority.

25.The licensee shall maintain and keep on hand on the licensed premises a stock-register of each of the licensed commodities in the following form and upto-date and produce the same for the verification and inspection of a duly authorized officer of the Corporation as and when required:-

------------------------------------------------------------------------------------------------------------------------------------------------ Date Name of commodity Opening Balance in Sales & Receipts Closing balance in Licensed terms of quantity during the day in terms of quantity

Terms of quantity

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26.The licensee shall at all times, during the continuance of this license be responsible for due fulfillment and faithful observance of all the prevailing conditions prescribed here in or communicated to him or subsequently added or communicated to him in writing by the authority or communicated to him prior to the grant of the license for observance and in case of any infringement, neglect or failure on the part of the licensee or his agent. or any other person on the premises to observe any of the conditions referred to above, the licensee will be liable for prosecuting and/or suspension or revocation of the license in addition to forfeiture of the security deposit referred to above without any intimation .

27.The license under Section 394 does not entitle the licensee as a matter of right to a permit under Section 390 . 28.No part of the licensed premises shall be used for storing or keeping any unserviceable articles . 29.No person suffering from any infection, contagious or loathsome disea se shall be engaged on the licensed premises in any capacity .

30.The license is not transferable either as regards the person to whom or the premises for which it is granted without the written permission of the competent officer of this corporation.

31. The licensee shall not engage any person on the licensed premises who has not completed his 14 years. 32.In the case of land or structure held on lease from the Mumbai Municipal Corporation if the person concerned is found making use of the premises contrary to the terms of the lease, by carrying on therein any trade or keeping any commoditywithout obtaining prior Municipal Permission under the lease license will be suspended, revoked or cancelled . 33.Should the licensee decide to give up possession of the said premises during the period of this license, he shall forthwithinform the Superintendent of licenses Ward-Officer or the Executive health Officer as the case may be, that he is about to do so or has done so .

Note-Pursuant to the provisions of Section 68 of the Mumbai Municipal Corporation Act the Superintendent of licenses ward-Officer has been empowered to exercise , perform and discharge all the powers duties and functions conferred and imposed upon and vested in the Commissioner by Section 394,412 and 479 of the said Act.

34.The license is issued without prejudice to the right of Mun-Corporation of Greater Mumbai to initiate any appropriate action against thePremises/Structure depending upon the status of the same.This License does not entitle the authorization of subjectPremises/Structure.

REVISED CODIFIED RULES FROM THE FIRE RISK POINT OF VIEW

01 Electric wiring shall be laid in metal conduits continuouslybonded to earth and shall be provided with E.L.C.B / M.C.B. Nothing shall be stored within the radius of one meter from any electric wiringand or electric installations. Electric mains shall be switched offwhile closing the premises.

02 A clear passage of at least one meter width from the entrance to rear side, and cross passages of one meter width (for floor areas more than 125 sq. meters) shall be provided to have an easy access to area of the premises for easy movement of personals, goods.

03 Entrance, exit, passages shall be kept free from any obstructions. The premises shall be kept well ventilated. 04 Wooden ceiling above the bhatti/heating process/flammablestorage shall be covered with A.C sheet and metal sheet for flammablestorages.

05 An exhaust fan of adequate capacity and number shall beprovided on the external wall.

06 Chimney stack shall extend at least two meters above the roofand shall be adequately supported. It shall be provided with inspection chambers, cleaning chain and spark arrester. The portion of the wooden trussed roof in contact with chimney stack shall be adequatelyinsulated with non combustible material.

07 Metal hoods with metal dusting exhaust fan and flame arrestor shall be provided over the bhatties for dissipation of heat. 08 Metal hoods with wet type of grit arrestor chimney shall beprovided.

09 Trade wise, paper shaving, oily rags shall be deposited in metal bins with lid and disposed off daily before closing of the premises. Good housekeeping shall be maintained on the premises.

10 Commodities shall be stacked on their sides of the passages in lots having 0.75 meters clearance in between the lots. Stacking shall be restricted to a height keeping a clearance of at least one meter from the ceiling/trusses for ceiling and 15 cms from side walls and 10 cms from flooring. Stacking height shall not exceed 2.25 meters. Different types of commodities shall be stored in different lots at least one meter apart from each other. Stacking height shall not exceed two drums high if stored vertically and three drums if stored horizontally.

11 Leaking and damaged containers shall not be allowed to store in the premises.

12 No mixing, decanting or refilling of the commodities shall be permitted.

13 The flooring shall be kept free from oil deposits.

14 Raw materials shall be kept in the gunny bags or suitable containers/enclosure or metal container with lid. 15 The commodity shall be kept in the gunny bags or suitable containers/enclosure or metal container with lid. 16 The commodity shall be kept in well Stoppard/sealed metal container on metal/steel racks. The storage place shall be kept free from the ingress of rain water.

17 Oily rags, wet raw wool shall not be stored on the premises.

18 No flammable or combustible or flammable commodity.

19 Dwelling, Smoking, Cooks, use of naked light, use of open flames, and/or any kind of heating source shall be strictly prohibited on the premises.

20 Requirements stipulated already shall be strictly adhered to.

21 'NO SMOKING' board shall be conspicuously displayed on the premises in Marathi, English and in pictorial sign. 22 One/two dry chemical powder ABC type fire extinguisher of 5/10 kg capacity having ISI mark and two/four buckets filled with dry clean sand shall be kept on the premises.

23 One/two water pressure (Co2 gas cartridge type fire extinguisher of 5/10 liters capacity having ISI mark and two/four buckets filled with dry clean sand shall be kept on the premises.

24 One water drum of 200 liters capacity coupled with two bucketsfor every 100 sq. meters area shall be provided on the premises.