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State of Uttar Pradesh - Section

Section 245 in The U.P. Municipalities Act, 1916

245. Regulation of offensive trades.

(1)If it is shown to the satisfaction of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] that any building or place within the limits of the [municipal area] [Substituted by U.P. Act No. 12 of 1994.] which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to occasion a public nuisance, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may at its option require by notice the owner or occupier of the building or place, -
(a)to desist or refrain, as the case may be, from using, or allowing to be used, the building or place for such purpose; or
(b)only to use, or allow to be used, the building or place for such purpose under such conditions or alter such structural alterations as the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] imposes or prescribes in the notice with the object of rendering the use of the building or place for such purpose free from objection.
(2)Whoever, after receiving a notice given under sub-section (1) uses or allows to be used any building or place in contravention of the notice shall be liable on conviction to a fine which may extend to two hundred rupees and to a further fine which may extend to forty rupees for every day on which he so uses or allows to be used the place of building after the date of the first conviction.
(3)The State Government may, by notification, make the provisions of this section, or of any bye-law made under Heading G of Section 298, applicable to any area beyond the [municipal area] [Substituted by U.P. Act No. 12 of 1994.] lying within a distance of a mile from the [boundary of the municipal area] [Substituted by U.P. Act No. 12 of 1994.].