Section 376 in The Bombay Provincial Municipal Corporations Act, 1949
376. Certain things not to be kept, and certain trades and operations not to be carried on, without licence. - (1) Except under and in conformity with the terms and conditions of licence granted by the Commissioner, no person shall-
(a)keep in or upon any premises any article specified in the rules-(i)in any quantity or in excess of the quantity specified in the rules as the maximum quantity of such article which may at one-time be kept in or upon the same premises without a license, and(ii)for any purpose whatever or for sale or for other than domestic use as may be specified in the case of each article in the rules;(b)keep in or upon any building intended for or used as a dwelling or within fifteen feet of such building, cotton in pressed bales or boras or loose, in quantity exceeding four hundred-weight;(c)keep, or allow to be kept, in or upon any premises, houses, cattle or other four-footed animals-(i)for sale,(ii)for letting out on hire,(iii)for any purpose for which any charge is made or any remuneration is received, or(iv)for sale of any produce thereof;(d)carry on, or allow to be carried on, in or upon any premises-(i)any of the trades or operations connected with any trade specified in the rules,(ii)any trade or operation which in the opinion of the Commissioner is dangerous to life or health or property, or likely to create a nuisance either from its nature, or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, carried on;(e)carry on within the City, or use any premises for, the trade or operation of a farrier.(2)A person shall be deemed to have known that a trade or operation is, in the opinion of the Commissioner, dangerous or likely to create a nuisance within the meaning of paragraph (ii) of clause (d) of sub-section (1), after written notice to that effect, signed by the Commissioner, has been served on such person or affixed to the premises to which it relates.(3)A person shall be deemed to carry on or to allow to be carried on a trade or operation within the meaning of clause (d) of sub-section (1) if he docs any act in furtherance of such trade or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman or otherwise.(4)When any premises are used in the manner described in clause (c) or (d) of subsection (1) it shall be presumed until the contrary is proved, that the owner or occupier of such premises, or both the owner and occupier have permitted such case.(5)It shall be in the discretion of the Commissioner-(a)to grant any licence referred to in sub-section (1) subject to such restriction or conditions (if any) as he shall think fit to prescribe, or(b)to withhold any such licence.(6)Every person to whom a licence is, granted by the Commissioner under sub-section (3) shall keep such licence in or upon the premises, if any, to which it relates.(7)The Commissioner may at any time by day or night enter or inspect any premises for the use of which a licence has been granted under this section(8)Nothing in this section shall be deemed to apply to mills for spinning or weaving cotton, jute, wool or silk, or to any other large mill or factory which the Commissioner may from time to time with the approval of the Standing Committee specially exempt from the operation thereof.[376A. Power to stop use of premises where such use is dangerous or causes nuisance. - Wherever the Commissioner is of opinion that the use of any premises for any of the purposes specified in sub-section (1) of section 376 is dangerous to life, health or property or is causing a nuisance either from its nature or by reason of the manner in which or the conditions under which the use is made and such danger or nuisance should be immediately stopped, the Commissioner may, notwithstanding anything contained in section 376, require the owner or occupier of the premises to stop such danger or nuisance within such time specified in such requisition as the Commissioner considers reasonable, and in the event of the failure of the owner or occupier to comply with such requisition, the Commissioner may himself or by an officer subordinate to him cause such use to be stopped.]II Licences for Sale in Municipal Markets
