458. Premises not to be used for certain non-residental purposes without municipal licence.
(1)No municipal licence shall be given in respect of any non-residential use of any premises within the municipal area of the Municipality which 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 made thereunder.(2)Subject to the provisions of sub-section (1), no person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Chief Officer of the Municipality in this behalf, namely :-(a)any of the purposes specified in Part I of the Third Schedule; or(b)any purpose which, in the opinion of the Chief Officer, is dangerous to life, health or property or likely to create a nuisance; or(c)storing any of the articles specified in Part II of the Third Schedule except for domestic use of any of those articles :Provided that Municipality may declare that premises in which the aggregate quantity of articles stored for sale, does not exceed such quantity, as may be determined by regulations in respect of any such articles, shall be exempted for the operation of clause (c).(3)In prescribing the terms of a licence granted under this section for the use of premises as mills or iron yard or for similar purposes, the Chief Officer may, when he thinks fit, require the licensee to provide a space or passage within the premises for carts for loading and unloading purposes.(4)The Municipality shall by regulations determine the fees to be paid in respect of a municipal licence to be granted under this section, and may specify different fees for different categories of non-residential uses in different areas of a Municipality.(5)In the case of a non-residential use of any premises for a purpose for which a licence or permission is required from the Government, or the Central or any other State Government, or any statutory body under any law for the time being in force, no person shall use or permit to be used such premises, unless permission is granted under sub-section (1) of Section 428.(6)In specifying the terms of a licence granted under this section, the Chief Officer may, require the licensee to take all or any of such measures, as the Chief Officer may deem fit to guard against danger to life, health or property or for the abatement of nuisance of any kind.(7)The Municipality may by regulations determine, -(a)when the initial licence is to be taken out and the procedure of annual renewal thereof;(b)the matters connected with the display of licence, inspection of premises, power of inspectors, and other matters relating thereto.
