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State of Arunachal Pradesh - Section

Section 369 in Arunachal Pradesh Municipal Act, 2007

369. Premises not to be used for nonresidential purpose without municipal licence.

(1)Except as hereinafter provided in this Act, no person shall use or permit to be used any premises for any of the non-residential purposes mentioned in the Schedule without or otherwise than in conformity with the terms of a licence granted by the Chief Municipal Executive Officer/ Municipal Executive Officer or the Wards Committee under sub-section (6) of section 30, as the case may be so as not to contravene the provisions of sub-section (2) of this section.Provided that no such licence shall be given in respect of any non-residential use of a premises, if such use in 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 or the orders made thereunder.Provided further that except in case which come under the provisions of subsection (2) of this section or section 371 or section 373 the power issue such licence within its jurisdiction may be exercised by the Wards Committee subject to such conditions and in such manner as may be determined by regulations.
(2)In the case of a non-residential use of a premises for a purpose for which a licence or permission is required from the State Government or any statutory body under any law for the time being in force, no licence under this section shall be given until the licence or the permission under the said law has been produced before the Chief Municipal Executive Officer/ Municipal Executive Officer and duly authenticated copies thereof have been submitted to him :Provided that in the case where the production of a licence under this Act is a preconditions for the grant of a licence under any other law for the time being in force, the Chief Municipal Executive Officer may grant a provisional licence which shall be authenticated to be final only upon the production of a licence or permission under the said law :Provided further that such provisional licence shall have validity only for the purpose of fulfilling the preconditions of the grant of a licence under any other law as aforesaid.
(3)In specifying the terms of a licence granted under this section, the Chief Municipal Executive Officer/ Municipal Executive Officer may require the licence to take all or any of such measures as he may deem fit to guard against danger to life, health or property or for the abatement of nuisance of any kind.
(4)The Municipality shall by regulations, determine the fees to be paid in respect of a licence granted under sub-section (1) and may specify different fees for different categories of non-residential uses in different areas within the municipal area :Provided that no such fee shall exceed rupees two thousand and five hundred in any case.
(5)The Municipality may by regulations, determine :-
(a)as to when the initial licence is to be taken out and the procedure of annual renewal thereof and
(b)the matter connected with the display of licence, inspection or premises, power of inspectors and such other matters as may be deemed necessary.