Markets, slaughter-houses, sale of food, etc.

Regulation of offensive trades

§245

Summary

245. (1) If it is shown to the satisfaction of a Municipality that any building or place within the limits of the municipality 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 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 after such structural alterations as the Municipality imposes or prescribed in the notice with the object of rendering use of the building or place for such purpose free from objection. (2) Whoever, after receiving 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 or building after the date of the first conviction. (3) The 1[State Government] may, by notification, make the provisions of this section, or of any by-law made under heading "G" of section 298, applicable to any area beyond the municipality lying within a distance of a mile from the municipal boundary2.

245. (1) If it is shown to the satisfaction of a Municipality that any building or place within the limits of the municipality 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 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 after such structural alterations as the Municipality imposes or prescribed in the notice with the object of rendering use of the building or place for such purpose free from objection. (2) Whoever, after receiving 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 or building after the date of the first conviction. (3) The 1[State Government] may, by notification, make the provisions of this section, or of any by-law made under heading "G" of section 298, applicable to any area beyond the municipality lying within a distance of a mile from the municipal boundary2.

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