- (l) If the Municipality
is satisfied that any building or place used or intended by any
person to be used, -
(a) for boiling or storing offal, blood, bones, guts or
rags,
(b) for sorting, curing or storing fish,
(c) for storing hides, horns or skins,
(d) for tanning,
(e) for the manufacture of leather goods,
(f) for dyeing,
(g) for soap-making,
(h) for washing or drying wool or hair,
(i) for boiling oil,
(j) for melting tallow or sulphur,
(k) for burning or baking bricks, pottery, lime or
surkhi,
(l) for storing hay, straw, fodder, wood, coal or other
combustible material,
(m) for storing grain for trade purposes,
(n) as a quarry,
(o) as a cart stand,
(p) as an oil mill,
(q) as a flour mill worked otherwise than by electric
power,
(r) as a distillery, or
(s) as a manufactory or place of business of any other kind
from which offensive or unwholesome smell, fume,
soot or dust arises or which may involve risk of fire,
is, or is likely by reason of such use and of its situation, to become
a nuisance to the neighbourhood or is so used or so situated as to
be likely to be dangerous to life, health or property, the
Municipality may, by written notice, require the owner or
occupier-
(i) at once to discontinue the use , or at once to desist
from carrying out or allowing to be carried out the
intention so to use, of such place, or
(ii) to use it in such manner or after such structural
alterations as the Municipality in such notice
prescribes so that it may not become, or may be no
longer, a nuisance or dangerous to life, health or
property, or
(iii) to remove it to such place as may be demarcated:
Provided that no requisition of the nature specified in clause
(i) shall be made in respect of any of the occupations specified in
clauses (a) to (j) carried on by the owner or occupier himself or by a
member of his family as a cottage industry unless the Municipality
provides some other place for carrying on such occupation.
(2) Whoever, after notice has been given under sub-section
(1), uses any place or permits it to be used in manner as to be a
nuisance to the neighbourhood or dangerous to life, health or
property, shall be punished with fine which shall not be less than
two thousand rupees but which may extend to five thousand
rupees and with further fine which may extend to one hundred
rupees for every day on which such use or permission to use is
continued after the date of the first conviction.
(3) Upon a conviction being obtained under this section,
the Magistrate shall, on the application of the Municipality, but
not otherwise, order such place to be closed and thereupon appoint
persons or take other steps to prevent such place being used for
any purpose mentioned in sub-section (l).
(4) Whoever uses, without a licence or during the
suspension or after the withdrawal of a licence, any place for any
purpose mentioned in sub-section (1) in any Municipality in which
bye-laws are for the time being in force prescribing the conditions
on and subject to which the circumstances in which and the areas
and localities in respect of which licences for such use may be
granted, refused, suspended and withdrawn, shall be punished
with fine which shall not be less than one thousand rupees but
which may extend to two thousand rupees and with further fine
which shall not be less than one hundred rupees but which may
extend to five hundred rupees for every day on which such use is
continued after the date of the first conviction.
(5) Any person aggrieved by any order of the Municipality
made under sub-section (1) may within thirty days of the date of
such order, exclusive of the time requisite for obtaining a copy
thereof, appeal to the Collector and the order of the appellate
authority shall be final and shall not be liable to be questioned in
any court
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