Section 365 in Chennai City Municipal Corporation Act, 1919
365. General provisions regarding licences, registrations and permissions.
(1)Every licence or permission granted under this Act or any rule or by-law made under it shall specify the period, if any, for which and the restrictions, limitations and conditions subject to which the same is granted, and shall be signed by the commissioner.(2)[(a) Save as otherwise expressly provided in or may be prescribed under this Act for every such licence or permission fees shall be paid in advance on such units and at such rates as may be fixed by the council:] [Substituted by section 180(i) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).][***] [Omitted by section 87(i)of the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).]Provided that [***] [Omitted for the word 'further' by section 87(i) by Act 56 of 1961.] not more than one fee shall be levied in respect of any purpose specified in more heads than one of Schedule VI if such heads form part of a continuous process of manufacture and the fee so charged shall not exceed the highest fee chargeable in respect of any one of the said purposes.(b)The council may compound for any period not exceeding three years at a time with the owner of any mill or factory for a certain sum to be paid in lieu of the fees payable in respect of such mill or factory.(c)Every order of the commissioner or other municipal authority granting or refusing, a licence or permission shall be published on the notice board of the corporation.(3)Every [order of the commissioner or other municipal authority refusing, suspending, cancelling or modifying a licence or permission shall be in writing and] [Substituted for the words 'Order of the commissioner refusing to grant a licence or permission' by section 180(ii) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] shall state the grounds on which it proceeds.(4)Subject to the special [provisions in Chapters X, X-A and XII regarding buildings, cheris and hutting grounds and private markets] [Substituted for the words 'provisions regarding buildings in Chapter X and private markets in Chapter XII' by section 180(iii) by Act X of 1936.] and subject to such sanction as may be required for the refusal of a licence or permission, [***] [Omitted for the word 'and to such appeal as may be provided in case of refusal' by Act X of 1936.] any licence or permission granted under this Act or any rule or by-law made under it may at any time be suspended or revoked by the commissioner if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted for a breach of any of the provisions of this Act or of any rule, by-law or regulation made under it in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud.(5)It shall be the duty of the commissioner to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset, and also between sunset and sunrise if it is open to the public or any industry is being carried on in it at the time; and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, by-laws, regulations, any conditions of a licence or permission or any lawful direction [or prohibition] [Inserted by section 180(iv) by Act X of 1936.] is being contravened and no claim shall lie against any person for any damage or inconvenience [necessarily] [Inserted by section 180(iv) by Act X of 1936.] caused by the exercise of powers under this sub-section by the commissioner or any person to whom he has lawfully delegated this powers or by the use of any force necessary for effecting an entrance under this sub-section.(6)When any licence or permission is suspended or revoked, or when the period for which it was granted or within which application for renewal should be made has expired, whichever expires later, the grantee shall for all purposes of this Act, or any rule or by-law made under it be deemed to be without a licence or permission until the [*] [Omitted the word 'commissioner's' by section 180(v) by Act X of 1936.] order suspending or revoking the licence or permission is cancelled [*] [Omitted the words 'by him' by section 180(v) by Act X of 1936.] or subject to sub-section (10), until the licence or permission is renewed, as the case may be.(7)Every grantee of any licence or permission shall, at all reasonable times while such licence or permission remains in force, produce the same at the request of the commissioner.(8)Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission [or to make a registration] [Substituted for the words 'or registration' by section 180(vi) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] required by the provisions of this Act or by any rule or by-law made under this Act, the magistrate shall in addition to any fine which may be imposed recover summarily and pay over to the corporation the amount of the fee chargeable for the licence or permission or for registration [and may in his discretion also recover summarily and pay over to the council such amount, if any, as they may fix as the costs of the prosecution.] [Inserted by section 180(vi) by Act X of 1936.](9)Such recovery of the fee under sub-section (8) shall not [by itself] [Inserted by section 180(vii) by Act X of 1936.] entitle the person convicted to a licence or permission or to registration as aforesaid.[(9-A) Save as otherwise expressly provided in, or may be prescribed under this Act, every application for a licence or permission or for registration or the renewal of a licence or permission or registration, shall be made not less than forty-five and not more than ninety days before the commencement of the year or of such less period as is mentioned in the application [and shall be accompanied by the fee referred to in clause (a) or the sum referred to in clause (b) of sub-section (2)] [Inserted by Tamil Nadu Act VII of 1948.].(10)The acceptance by the corporation of the prepayment of the fee [referred to in clause (a) or the sum referred to in clause (b) of sub-section (2)] [Inserted by section 87(iii)(a) by Act 56 of 1961.] for a licence or permission or for registration shall not entitle the person making such prepayment to the licence or remission or to registration, as the case may be, [but only to refund of an amount not exceeding one-half of the fee or sum aforesaid as may be decided by the council] [Substituted for the words 'but only to refund of the fee' by section 87(iii)(b) by Act 56 of 1961.] in case of refusal of the licence or permission or of registration; but an applicant for the renewal of a licence or permission or registration shall until communication of orders on his application be entitled to act as if the licence or permission or registration had been renewed; and, save as otherwise specially provided in this Act, if orders on an application for a licence or permission or for registration are not [received by the applicant within sixty days after the receipt of the application] [Substituted for 'Communicated to the applicant within forty-five days after the receipt of the application' by Tamil Nadu 39 of 1974.] by the commissioner, the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application and subject to the lavs', rules, by-laws, regulations and all conditions ordinarily imposed.Appeals
