Section 394 in The Mumbai Municipal Corporation Act, 1888
394. [ Certain articles [or animals] [Sections 394 and 394A were substituted for the original section 394 by Maharashtra 32 of 1962, Section 2.] not to be kept, and certain trades, processes and operations not to be carried on, without a licence; and things liable to be seized, destroyed, etc., to prevent danger or nuisance.
(1)Except under and in accordance with the terms and conditions of the licence granted by the Commissioner, no person shall-(a)keep, or suffer or allow to be kept, in or upon any premises,(i)any article specified in Part I of Schedule M; or,(ii)any article specified in Part II of Schedule M, in excess of the quantity therein specified as the maximum quantity (or where such article is kept along with any other article or articles specified in that Schedule, such other maximum quantity as may be notified by the Commissioner) of such article which may at any one time be kept in or upon the same premises without a licence;(b)keep, or suffer or allow to be kept, in or upon any premises, for sale or for other than domestic use, any article specified in Part III of Schedule M;(c)keep, or suffer or allow to be kept, in or upon any premises, horses, cattle or other four-footed animals for sale, for letting out on hire or for any purpose for which any charge is made or any remuneration is received, or for the sale of any produce thereof;(d)keep or use, or suffer or allow to be kept or used, in or upon any premises, any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(a).] which, in the opinion of the Commissioner, is dangerous to life, health or property, or likely to create a nuisance either from its nature or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, kept or used or suffered or allowed to be kept or used;(e)carry on, or allow or suffer to be carried on, in or upon any premises,-(i)any of the trades specified in Part IV of Schedule M, or any process or operation connected with any such trade;(ii)any trade, process or operation, which, in the opinion of the Commissioner, is dangerous to life, health or property, or likely to create a nuisance either from its nature or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, carried on;(f)carry on within [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] or use or allow to be used any premises for, the trade or operation of a carrier.(2)The State Government may, by notification in the Official Gazette, add to, amend or delete any item in Schedule M and thereupon, the said Schedule shall be deemed to be amended accordingly but without prejudice to anything done or omitted to be done before such amendment.(3)A person shall be deemed-(a)to have known that keeping any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(b).] or carrying on a trade, process or operation is, in the opinion of the Commissioner, dangerous or likely to create a nuisance within the meaning of clause (d) or, as the case may be, paragraph (ii) of clause (e), of sub-section (1), after written notice to that effect, signed by the Commissioner, has been served on such person or affixed to the premises to which it relates;(b)to keep or to suffer or allow the keeping of an article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(b).] or to carry on or to allow to be carried on a trade, process or operation within the meaning of clause (d) or, as the case may be, paragraph (ii) of clause (e) of sub-section (1), if he does any act in furtherance of keeping of such article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(b).] or carrying on of such trade, process or operation or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman, watchman or otherwise.(4)If it appears to the Commissioner that the keeping of any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or the carrying on of any trade, process or operation, in or upon any premises is dangerous or likely to create a nuisance within the meaning of clause (d), or paragraph (ii) of clause (e), of sub-section (1), the Commissioner may, by written notice, require the person keeping the article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or suffering or allowing it to be kept or the person carrying on the trade, process or operation or allowing it to be carried on, as the case may be, to take such measures (including discontinuance of the use of the premises for any such purpose) as may be specified by him in such notice in order to prevent such danger or nuisance; and if such measures are not taken within the specified time, the Commissioner may seize and carry away or seal such article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or any machinery or device used in connection with such trade, process or operations. Any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or machinery or device so seized and carried away or sealed may be redeemed, within a period of one month from the date of seizure, on payment of such sum and subject to such conditions as to future use or disposition of such article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).], machinery or device as may be fixed by the Commissioner in that behalf:Provided that, if any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] so seized and carried away or sealed is of an explosive or dangerous nature, the Commissioner may by order in writing cause the same to be forthwise destroyed or otherwise disposed of, as he thinks fit:Provided further that, if any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or machinery or device so seized and carried away or sealed is not claimed and redeemed by the owner or person found in possession thereof, the Commissioner may by order in writing cause the same to be sold by auction or otherwise disposed of as he thinks fit, forthwith if the article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] is of a perishable nature, and in any other case after the expiry of the aforesaid period of one month.The proceeds of the sale or other disposal (if any) shall, after defraying therefrom the cost of the sale or such disposal, he paid to the owner or person found in possession of the article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or machinery or device sold or disposed of.(5)It shall be in the discretion of the Commissioner-(a)to grant any licence referred to in sub-section (1), subject to such restrictions or conditions (if any), as he shall think fit to specify, or(b)for the purposes of ensuring public safety, to withhold any such licence:Provided that, the Commissioner when withholding any such licence shall record his reasons in writing for such withholding and furnish the person concerned a copy of his order containing the reasons for such withholding:Provided further that, any person aggrieved by an order of the Commissioner under this sub-section may, within sixty days of the date of such order, appeal to the Chief Judge of the Small Cause Court, whose decision shall be final.(6)Every person to whom a licence is granted by the Commissioner under sub-section (5) shall-(a)keep such licence in or upon the premises, if any, to which it relates;(b)put up a board outside such premises on a conspicuous part, indicating thereon the nature of the article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(d).] kept or the trade, process or operation carried on, in or upon the premises, the municipal licence number, if any, in respect thereof and the name and local address of the owner or occupier or person in charge of the premises;(c)put proper label on the packing or container of every licensable article to indicate its name, contents and hazardous nature.(7)The Commissioner may from time to time with the approval of [the Standing Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 159, (w.e.f. 23-4-1999).] specially exempt from the operation of this section any mills for spinning or weaving cotton, wool, silk or jute or any other large mill or factory.
