Section 221 in The Gujarat Municipalities Act, 1963
221. Regulations of certain trades.
(1)If it be shown to the satisfaction of the executive committee that any building or place used or intended by any person to be used-(a)for boiling or storing offal, blood, bones and range,(b)for salting, curing or storing fish,(c)for storing hides, horns, or skin,(d)for tanning,(e)for the manufacture of leather or leather goods,(f)for dyeing,(g)for melting tallow or sulphur,(h)for washing or drying wool or hair,(i)for manufacturing or preparing by any process whatever, bricks, pottery or line,(j)for soap making,(k)for oil-boiling or oil extracting.(l)as a manufactory of sageo.(m)as a distillery(n)for storing hay, straw, fodder, wool, coal or other combustible material.(o)as a manufactory of snuff,(P)for the manufacture or sale of sweetmeats,(q)as a factory, workshop or place of business in which animals arc employed or intended to be employed for doing work or in which steam, water or any mechanical power is used or intended to be used.(r)as a manufactory or place of business of any other kind, from which offensive or unwholesome smells arise, or which may involve risk of fire.(s)as a hair dressing salon or a barber's shop or a humam Khana, is or is likely to become by reason of such use and of its situation a nuisance to neighbourhood or is so used or is so situated as to likely to be dangerous to life, health or property, the executive committee may by written notice require the owner or occupier-(i)at once to discontinue the use of or at once to desist from carrying out or allowing to be carried out the intention so to use, such building or place, or(ii)to use it in such manner or after such structural alterations as the executive committee in such notice prescribes so that it may not become or may be no longer, a nuisance or dangerous.Explanation 1: - For the purpose of clauses (q) and (r) nuisance shall include any contamination of the atmosphere whereby a deposit of soot is caused or any mechanical noise.Explanation 2: - Nothing in clauses (q) and (r) shall be deemed to affect any provision of the Indian Boilers Act, 1923 (V of 1923), or shall authorize any order relating to the fixing or fencing of any engine, mill-gearing, hoist or other machinery in any factory to which the provisions of the Factories Act, 1948 (LXIII of 1948), are applicable.(2)Whoever after notice has been given under sub-section (1), uses any building or place or permits it to be used in such a manner as to be a nuisance to the neighbourhood or dangerous to life, health, or property, shall be punished with fine which may extend to five hundred rupees, and with further fine which may extend to seventy-five rupees for every day on which such use or permission of 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 executive committee 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 (1).(4)Whoever uses without licence or during the suspension or after the withdrawal of a licence, any place for any purpose mentioned in sub-section (1) in any municipal borough in which bye-laws are for the time being in force prescribing the conditions on or subject to which, the circumstances in which, and the areas or localities in respect of which, licences for such use may be granted, refused, suspended or withdrawn, shall be punished with fine which may extend to one hundred rupees and with further fine which may extend to twenty rupees for every day on which such use is continued after date of first conviction.
