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State of Haryana - Section

Section 128 in The Haryana Municipal Act, 1973

128. Regulation of offensive and dangerous trade.

(1)No place within a municipality shall be used for any of the following purposes, namely :-
(a)melting tallow, dressing raw hides, boiling bones, offal or blood;
(b)soap house, oil-boiling house, dying house or tannery;
(c)brickfield, brick-kiln, charcoal-kiln, pottery or lime-kiln;
(d)any other manufactory, engine-house, store-house, or place of business from which offensive or unwholesome smells, gases, noises or smoke arise;
(e)yard or depot for trade in unslaked lime, hay, straw, thatching- grass, wood charcoal or coal, or other dangerously inflammable material;
(f)store-house for any explosive, or for petroleum or any inflammable oil or spirit;
except under a licence obtained by the owner or occupier from the committee which shall be renewable annually.
(2)The licence shall not be withheld unless the committee considers that the business which it is intended to establish or maintain would be the cause of annoyance, offence, or danger to persons residing in, or frequenting the immediate neighbourhood, or that the area should be for general reasons kept clear of the establishment of such business.
(3)The committee may charge any fees according to a scale to be approved by the Deputy Commissioner for such licences, and may impose such conditions in respect thereof as it may think necessary. Among other conditions it may prescribe that any furnace used in connection with such trade shall, so far as practicable, consume its own smoke.
(4)[ Whoever, without a licence uses any place for any such purpose as is specified in this Section or in contravention of the conditions of any such licence, shall be punishable imprisonment for a term upto six months or with a fine which shall not be less than one thousand rupees and more than five thousand rupees and with a further fine of one hundreds rupees for every day during which the offence is continued.] [Substituted vide Haryana Act No. 14 of 2000.]