Section 287 in Chennai City Municipal Corporation Act, 1919
287. [ Purposes for which places within the limits of the city or within three miles thereof may not be used without licence and payment of proportionate tax to local body concerned in the latter case. [Inserted by Act 56 of 1961.]
(1)No place within the limits of the city shall be used for any of the purposes mentioned in Schedule VI without a licence obtained from the commissioner and except in accordance with the conditions specified therein:[Provided that no such licence shall be required for the use of any place for a lodging house as defined in the [Tamil Nadu] Public Health Act, 1939 ([Tamil Nadu] [Substituted for the word 'Madras' by Tamil Nadu Adaptation of Laws Order, 1969 as amended Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act III of 1939) if the keeper thereof has been registered under that Act.](2)The commissioner shall, if so required by the council, publish a notification in the [Official Gazette] [Substituted for the words 'Fort St. Ceorge Gazette' by the Adaptation Order of 1937.] and in two or more local newspapers that any place at a distance within three miles of the limits of the city shall not be used for any one or more of the purposes mentioned in Schedule VI without a licence obtained from the commissioner and except in accordance with the conditions specified therein:Provided that no such notification shall take effect-(a)unless the sanction of the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] has been obtained therefor; and(b)until the expiry of thirty days from the date of its publication in the [Official Gazette.] [Substituted for the words 'Fort St. George Gazette' by the Adaptation Order of 1937.](3)The owner or occupier of every place for the use of which for any purpose a licence is required under sub-section (1) or sub-section (2) shall apply to the commissioner for such licence [not less than forty-five and not more than ninety days] [Substituted for the words 'not less than thirty days' by section 4 of the Chennai City Municipal (Second Amendment) Act, 1941 (Tamil Nadu Act VIII of 1941), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act.] before the place is used for such purpose or within thirty days of the publication of the notification under sub-section (2) in the [Official Gazette] [Substituted for the words 'Fort St. George Gazette' by the Adaptation Order of 1937.], as the case may be.(4)Every application for a licence for the use of any place for the purpose of storing or selling explosives, timber or other combustible materials shall contain a statement showing the boundaries and measurements of such place.(5)[ (a) On receipt of any such application as is referred to in sub-section (3), the commissioner may subject to the provisions of clauses (b) and (c), grant the licence specifying therein such conditions as he may think fit to impose in accordance with the rules, if any, made by the State Government in this behalf or refuse to grant the same.] [Sub-section (5) was substituted by section 75 of the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).](b)Before granting or refusing a licence under clause (a), the commissioner shall cause a full and complete investigation to be made in the prescribed manner in respect of the application and shall have due regard to-(i)the suitability of the place in respect of which the license is applied for;(ii)the possibility of any danger to life or health or property or the likelihood of any nuisance being created either by reason of the manner in which or by the conditions under which the place is proposed to be used or by the nature of such use;(iii)the provisions of other Acts, if any, and the rules and by-laws made thereunder, regulating the use of places for the purpose for which a licence is applied for under this Act; and(iv)such other matters as may be prescribed.(c)If the commissioner is satisfied either on a reference made to him in this behalf or otherwise that-(i)a license granted under clause (a) has been obtained by misrepresentation as to an essential fact, or(ii)the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the commissioner may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence.(d)Subject to any rules that may be made in this behalf by the [State] [Substituted for the word 'Provincial' by the Adaptation order, 1950.] Government, the commissioner may also vary or amend a licence granted under clause (a).(6)Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the commissioner may, for special reasons, specify in the licence.(7)Applications for renewal of such licences shall be made [not less than forty-five and not more than ninety days] [Substituted for the words 'not less than thirty days' by section 4 of the Madras City Municipal (Second Amendment) Act, 1941 (Tamil Nadu Act VIII of 1941), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII and 1948).] before the commencement of the year for which the renewal is sought.(8)Where a licence is granted under this section for the use of any place outside the limits of the city, the corporation shall pay to the municipal council or local board competent to issue a notification in respect of such place under subsection (1) of section 249 of the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] District Municipalities Act, 1920 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act V of 1920), or sub-section (1) of section 193 of [the [Tamil Nadu] [Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920).] Local Boards Act, 1920 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XIV of 1920)], as the case may be, such proportion of the fee received by the corporation for the grant or renewal or such licence as the [State Government] [[Sections 287 to 289-D were substituted for original sections 287 to 290 and the heading to section 290, viz., 'Depots for combustibles' by section 140 of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).Under section 5-A(i) of the Tamil Nadu Cinemas Regulation Act, 1955 (Tamil Nadu Act IX of 1955), the provisions of the Chennai City Municipal Act, 1919 (Tamil Nadu Act IV of 1919), shall not apply to any application made under that section by any person who intends to use any site for constructing a building thereon for the exhibition of cinematograph films, or to construct, or reconstruct any building for such exhibition, or to instal any machinery in any place where cinematograph exhibitions are proposed to be given.]] may, by general or special order, determine.(9)No notification under sub-section (1) of section 249 of the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] District Municipalities Act, 1920 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act V of 1920), or sub-section (1) of section 193 of [the [Tamil Nadu] [Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920).] Local Boards Act, 1920 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XIV of 1920)], shall notwithstanding anything contained in those Acts, take effect in any area within three miles of the limits of the city except with the previous sanction of the State Government.]
