Section 321 in Tamil Nadu District Municipalities Act, 1920
321. General provisions regarding licences and permissions.
(1)Every licence and permission granted under this Act or any rule or by-law made under this Act shall specify the period, if any, for which, and the restrictions, limitations and conditions, subject to which the same is granted, and shall be signed by the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)].(2)[ Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission, fees may be charged on such units and at such rates as may be fixed by the municipal council.] [This sub-section was substituted for the original sub-section by section 130 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).](3)[ The council may-(a)place the collection of such fees under the management of such persons as may appear to it proper; or(b)farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.](3A)Every order of a municipal authority granting or refusing a licence or permission shall be published on the notice board of the municipal council.] [This sub-section was inserted by section 130(ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)](4)Every order of a municipal authority refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds.(5)Subject to the special provisions in Chapters X and XII regarding buildings and private markets, and subject to such sanction as may be required for the refusal of a licence or permission, [xxx] [The words 'and to such appeal as may be provided in case of refusal' were omitted by section 130 (iii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] any licence or permission granted under this Act or any rule or by-law made under it may, at any time, be suspended or revoked by the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, by-law or regulation made under it in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud.(6)It shall be the duty of the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset and sunrise if it is open to the public or any industry is being carried on in it at the time; and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, by-laws or regulations, any condition of a licence or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section, by the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] or any person to whom he has lawfully delegated his powers, or by any force necessary for effecting an entrance under this subsection.(7)When any licence or permission is suspended or revoked, or when the period for which it was granted, or within which application for renewal should be made, has expired, whichever expires later, the grantee shall, for all purposes of this Act or any rule or by-law made under this Act, be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled or, subject to sub-section (11), until the licence or permission is renewed, as the case may be.(8)Every grantee of any licence or permission shall, at all reasonable times, while such licence or permission remains in force, produce the same at the request of the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)].(9)Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration required by the provisions of this Act or any rule or by-law made urider this Act, the magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the municipal council the amount of the fee chargeable for the licence or permission or for registration; [and may in his discretion also recover summarily and pay over to the council such amount, if any, as he may fix as the costs of the prosecution] [The words were added by section 130(iv) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).].(9A)[ Save as otherwise expressly provided in or may be prescribed under this Act, every application for a licence or permission or for registration of the renewal of a licence or permission or registration, shall be made not less than thirty and not more than ninety days before the commencement of the year or of such less period as is mentioned in the application.] [This sub-section was inserted by sub-section 25(ii) of the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted[ permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).](10)Such recovery of the fee under sub-section (9) shall not entitle the person convicted to a licence or permission or to registration as aforesaid.(11)The acceptance by the municipal council of the pre-payment of the fee for a licence or permission or for registration shall not entitle the person making such pre-payment to the licence or permission or to registration, as the case may be, but only to refund of the fee in case of refusal of the licence or permission or of registration; but an applicant for the renewal of a licence or permission or registration shall until communication of orders on his application be entitled to act as if the licence or permission or registration had been renewed; and save as otherwise specially provided in this Act, if orders on an application for licence or permission or for registration are not [received by the applicant within sixty days after the receipt of the application] [This expression was substituted for the expression 'communicated to the applicant within thirty day after he receipt of the application' by section 3 (ii) of the Tamil Nadu Local Authorities Laws (Amendment) Act, 1974 (Tamil Nadu Act 39 of 1974).] by the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act 1933 (Tamil Nadu Act XV of 1933).], the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application, and subject to the law, rules, by-laws, regulations and all conditions ordinarily imposed.
