Section 403 in The Mumbai Municipal Corporation Act, 1888
403. [Private markets not to be kept or permitted to be kept open and no place to be used or permitted to be used as slaughter house, without licence.] [This marginal note was substituted for the original by Bombay 20 of 1952, Section 16.]
(1)No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf-(a)keep open [or permit to be kept open] [These words were inserted by Bombay 5 of 1938, Section 40.] a private market;(b)use [or permit to be used] [These words were inserted by Bombay 5 of 1938, Section 40.] any place in [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] as a slaughter house or for the slaughtering of any animal intended for human food;(c)use [or permit to be used] [These words were inserted by Bombay 5 of 1938, Section 40.] any place without [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] whether as a slaughter house or otherwise, for the slaughtering of any animal intended for human food to be consumed in [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].(2)Provided that-(d)the Commissioner shall not refuse, cancel or suspend any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation framed under section 406 or with some by-law made under this Act, at the time in force and shall not cancel or suspend any such licence without the approval of [the Standing Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 161, (w.e.f. 23-4-1999).];(dd)[ the Commissioner may with the previous approval of [the Standing Committee] [Clause (dd) was inserted by Bombay 32 of 1935, Section 12.] cancel or suspend, any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing, shed, pen or other place therein];(e)nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he thinks fit, on the occasion of any festival or ceremony or under special circumstances;(f)[ the Commissioner may suspend the licence of a trader, an owner of a private market or of an abattoir for a period not exceeding sixty days if it is found that the trader or the owner of the private market or, as the case may be, the abattoir is not taking proper measures to keep the premises clean or is not disposing the trade refuse including caracass of dead animals in the proper manner] [Clause (f) was inserted by Maharashtra 10 of 1998, Section 192(b).].(2A)[ Any animal or flesh intended for human food found in the possession of any person contravening the provisions of clause (b) or (c) of sub-section (1) may be seized by the Commissioner or any municipal officer or servant or by any police officer and any such animal or flesh may be sold or otherwise disposed of as the Commissioner shall direct. The proceeds, if any, arising from such sale shall belong to the Corporation.(2B)For the purposes of this section, the owner or occupier of any place which is habitually used for the slaughter of animals intended for human food shall be deemed to have used or permitted to he used such place for the slaughter of animals unless he proves that the place was so used without his knowledge:] [Sub-sections (2A) and (2B) were inserted by Bombay 64 of 1953, Section 16.](3)When the Commissioner has refused, cancelled or suspended any licence to keep open a private market, he shall cause a notice of his having so done to be affixed in the English, Marathi, Gujarati, [Hindi] [This word was inserted by Maharashtra 21 of 1989, Section 47.] and Urdu languages on some conspicuous spot on or near the building or place where such market has been held.
