Section 432 in The Calcutta Municipal Corporation Act, 1980
432. Power to expel person contravening regulations. -
(1)The Municipal Commissioner may, after giving the parties concerned an opportunity of being heard and in accordance with such regulations as may be made by the Corporation, -(a)expel from any municipal market, municipal slaughter-house or municipal stockyard, for such period as he may think fit, any person who or whose servant has been found contravening any regulations made under this Act and in force in such market, slaughter-house or stockyard,(b)prevent such person, by himself or by his servant, from further carrying on any trade or business in such market, slaughterhouse or stockyard or occupying any stall, shop, standing, shed, pen or other place thereon,(c)close the stall or shop of the person found to be in default in payment of the stallages or rents or any other dues to the Corporation till payment is made or recovered under the provisions of this Act, and(d)determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place.(2)If the tenant or the agent of the tenant of the owner or the lessee of any private market or slaughter-house has been convicted for contra venting any regulation made under this Act, the Municipal Commissioner may require such tenant or agent to remove himself from such market or slaughter-house within such time as may be mentioned in the requisition, and if such tenant or agent fails to comply with such requisition, he may, in addition to any penalty which may be imposed on him under this Act, be summarily removed from such premises by the owner or the lessee thereof or by the servant of such owner or lessee.(3)If it appears to the Municipal Commissioner that in any such case the owner or the lessee is acting in collusion with a tenant or an agent, convicted as aforesaid, who fails to comply with any requisition under subsection (2), the Municipal Commissioner may, if he thinks fit, cancel the licence of such owner or lessee in respect of such premises.
