337. General provision 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 Executive Officer of the Municipality or by some person duly authorised by him in that behalf.(2)Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission fees may be charged on Such suits and at such rates as may be fixed by the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.].(3)The [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] may from out the collection of such fee for a period of one year at a time on such conditions as it thinks fit.(4)It shall be the duty of the Executive Officer 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 in it at the time; and if he has reasons to believe that anything is being done in 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 whether any provision of law, rules, regulations or bye-laws, any condition of licence or permission or law, rules, regulation or bye-laws, any condition of licence or permission or lawful direction or prohibition is being contravened; and no claim shall lie against and person for any damage under this sub-section by the Executive Officer or any person to whom he has lawfully delegated his powers, or by any force necessary for effecting an entrance under this sub-section.(5)The grantee of every licence or permission shall, at all reasonable time, while such licence or permission shall, at all reasonable time, while such licence or permission remains in force, produce the same at the request of the Executive officer or any person authorised by him.(6)Whenever any person's convicted of an offence in respect of the failure to obtain a licence or permission required by the provisions of this Act or any rule, or regulation 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 [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] the amount of the fees chargeable for licence or permission and may in his discretion also recover summarily and pay over the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] such amount, if any, as he may fix as the costs of prosecution.(7)Such recovery of the fees under Sub-section (6) shall not entitle the person convicted to a licence or permission as aforesaid.(8)The acceptance by, or on behalf of a [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] of the prepayment of the fee for licence or permission, shall not entitle the person making such pre-payment to the licence or permission, as the case may be, but only to refund of the fee in case of refusal of the licence or permission; but an applicant for the renewal of a licence or permission shall until communication of orders on his application, be entitled to act as if the licence or permission had been renewed; and save as otherwise specially provided in this Act, if orders an application for licence or permission are not communicated to the applicant within thirty days after the receipt of the application by the Executive Officer, the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application, and subject to the law, rules regulations, bye-laws, and all conditions ordinarily imposed.(9)Save as otherwise expressly provided in or may be prescribed under this Act, every application for a licence or permission or the renewal of a licence or permission shall be made not less than thirty and not more than ninety days before the commencement of the year.
