Section 353 in Karnataka Municipal Corporations Act, 1976
353. Purposes for which places within the limits of the city or within five kilometers thereof may not be used without licence and payment of proportionate tax to local body concerned in the latter case.
(1)No place within the limits of the city shall be used for any of the purposes mentioned in Schedule X without a licence obtained from the Commissioner and except in accordance with the condition, specified therein.[Provided that, all Micro, small and Medium Enterprises registered under the Micro, Small and Medium Enterprises Development Act, 2006 (Central Act 27 of 2006) in concerned District Industries Centre and Large Industries who have filed Industrial Entrepreneurs Memorandum or Industrial License with the Secretariat of Industrial Assistance, Department of Industrial Policy and Promotion, Government of India are exempted from obtaining trade license.] [Inserted by Act 42 of 2015 w.e.f.23.12.2015](2)The Commissioner shall, if so required by the corporation, publish a notification in the Official Gazette and in two or more local newspapers that any place at a distance within five kilometers of the limits of the city shall not be used for any one or more of the purposes mentioned in Schedule X 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 Government has been obtained therefor; and(b)until the expiry of thirty days from the date of its publication in the Official Gazette.(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 thirty days 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, 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 material shall contain a statement showing the boundaries and measurements of such place.(5)The Commissioner may grant such licence subject to such restrictions and conditions as may be specified by him thereon or he may refuse to grant such licence if it is likely to cause nuisance in the neighbourhood.(6)Every such licence shall expire at the [end of the period of five years] [Inserted by Act 42 of 2015 w.e.f.23.12.2015] 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 thirty days [before the expiry of the period of licence.] [Inserted by Act 42 of 2015 w.e.f.23.12.2015] The licence may be renewed to such conditions or restrictions as may be specified by the Commissioner or he may refuse to renew if it is likely to cause nuisance in the neighbourhood.(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 local authority within the limits of which such place is situated, such proportion of the fee received by the corporation for the grant or renewal of such licence as the Government may, by general or special order, determine.
