Section 344 in Andhra Pradesh Municipalities Act, 1965
344. General provisions regarding licences and permissions.
(1)Every licence and permission granted under this Act or any rule or bye-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 Commissioner.(2)Save as otherwise expressly provided in or prescribed under this Act, for every such licence or permission, fees be charged on such units and at such rates as may be fixed by the council.(3)The council may--(a)place the collection of such fees under the management of such persons as may appear to it proper;(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.(4)Every order of a municipal authority granting or refusing a licence or permission shall be communicated to the person concerned.(5)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.(6)Subject to the special provisions in Chapters IV and VI of Part V regarding buildings and private markets and subject to such sanction as may by required for the refusal of a licence or permission, any licence or permission, granted under this Act or any rule or bye-law made under it, may at any time be suspended or revoked by the Commissioner in consultation with the person or authority granting the licence or permission 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, bye-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;Provided that the grantee shall be given an opportunity to show cause against such suspension or revocation.(7)It shall be the duty of the Commissioner 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, byelaws 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 Commissioner or any person to whom he has lawfully delegated his powers, or by any force necessary for effecting any entrance under this sub-section.(8)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 bye-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 subsection (13), until the licence or permission is renewed as the case may be.(9)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 Commissioner or any person authorised by him in this behalf.(10)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 bye-law made under this Act, the magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the council 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.(11)Save as otherwise expressly provided in or prescribed under this Act, every application for a licence or permission or for registration or the renewal of a licence or permission or registration, shall be made not less than thirty days and not more than ninety days before the commencement of the year or of such less period as is mentioned in the application.(12)Such recovery of the fee under sub-section (10) shall not entitle the person convicted to a licence or permission or to registration as aforesaid.(13)The acceptance by 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 the case of refusal of the licence or permission or 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 or renewal of licence or permission, or registration are not communicated to the applicant within ninety days in the case of the grant of a licence, permission or registration and thirty days in the case of the renewal of a licence, permission or registration, after the receipt of the application by the Commissioner the application shall be deemed to have been allowed for the year or for such shorter period as is mentioned in the application subject to the conditions imposed by or under this Act. Appeals
