342. Premises not to be used for non-residential purpose without Municipal Licence.
(1)Except as hereinafter provided in this Act, no person shall use,.or permit to be used, any premises for any of the non-residential purposes mentioned in the Schedule without or otherwise than in conformity with the terms of a licence granted by the Chief Municipal Officer or the Wards Committee under subsection (6) of Section 30, as the case may be, so as not to contravene the provisions of sub-section (2) of this Section:Provided that no such licence shall be given in respect of any non-residential use of a premises, if such use is otherwise than in conformity with the provisions of this Act, or any other law for the time being in force, or the Rules or the Regulations or the orders made thereunder:Provided further that except in cases which come under the provisions of subsection (2) of this Section or Section 344 or Section 346, the power to issue such licence within its jurisdiction may be exercised by the Wards Committee, subject to such conditions, and in such manner, as may be determined by Regulations.(2)In the case of a non-residential use of a premises for a purpose for which a licence or permission is required from the State Government or any statutory body under any law for the time being in force, no licence under this Section shall be given until the licence or the permission under the said law has been produced before the Chief Municipal Officer, and duly authenticated copies thereof have been submitted to him:Provided that in the case where the production of a licence under this Act is a pre-condition for the grant of a licence under any other law for the time being in force, the Chief Municipal Officer may grant a provisional licence, which shall be authenticated to be final only upon the production of a licence or permission under the said law:Provided further that such provisional licence shall have validity only for the purpose of fulfilling the preconditions of the grant of a licence under any other law as aforesaid.(3)In specifying the terms of a licence granted under this Section, the Chief Municipal Officer may require the licensee to take all or any of such measures as he may deem fit to guard against danger to life, health or property or for the abatement of nuisance of any kind.(4)The Municipality shall, by Regulations, determine the fees to be paid in respect of a licence granted under sub-section (1), and may specify different fees for different categories of non-residential uses in different areas within the Municipal area:Provided that no such fees shall exceed rupees two thousand and five hundred in any case.(5)The Municipality may, by regulations, determine-(a)as to when the initial licence is to be taken out and the procedure of annual renewal thereof, is to begin, and(b)the matter connected with the display of licence, inspection of premises, power of inspectors, and such other matters as may be deemed necessary.
