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State of Maharashtra - Section

Section 3 in The Markets and Fairs Act, 1862

3. Procedure on application.

- [On receipt of the application the Magistrate, subject to the provisions of this section and of section 5A, may] [These words, figure and letter were substituted for the words 'On receipt of the application, the Magistrate shall' by Bombay 6 of 1956, Section 2(1).] issue a proclamation stating the desire of the applicant to establish a market or fair at the place named by him and the days on which it is proposed to be held and calling upon any person who may have any objection to the establishment of the market or fair to state his objection, in writing, within six weeks from the date of the proclamation.[Provided that the Magistrate instead of issuing a proclamation may, for reasons to be recorded in writing, dismiss the application summarily.] [This proviso was inserted by Bombay 6 of 1956, Section 2(2).]Publication of proclamation. - [If a proclamation is issued, it shall be fixed] [These words were substituted for the words 'The proclamation shall be fixed' by Bombay 6 of 1956, Section 2(3).] in a conspicuous place in the village or town in or near to which it is proposed that the new market or fair shall be held, and a copy of the same shall be affixed at the police station within the jurisdiction of which the village or town is situated, and in the Court of the Magistrate.Notice to land-owner of neighbouring market. - If it shall appear that any existing market or fair is held within a distance of [six miles] [These words were substituted for the words 'four miles' by Bombay 6 of 1956, section 2(3).] from the place where it is proposed that the new market or fair shall be established, the Magistrate shall cause a notice, to the effect of the proclamation to be served upon the owner of the land where such existing market or fair is held.The proclamation and notice (if any) shall be issued and served [at the expense of Government] [These words were substituted for the words 'at the expense of the applicant' by Bombay 6 of 1956, Section 2(5)].