Sec 316 to 333 Chapter XVIII (Markets, Trades And Occupations) The New Delhi Municipal Council Act, 1994

Maintenance and regulations of markets

316. Provision of municipal market.—

(1) The Chairperson, when authorised by the Council in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens, and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter house, and may provide and maintain in any such markets buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein.

(2) Municipal markets and slaughter houses shall be under the control of the Chairperson who may, at any time, by public notice, close any municipal market, slaughter house or any part thereof.

317. Use of municipal markets and slaughter house.—

(1) No person shall, without the general or special permission in writing of the Chairperson, sell or expose for sale any animal or article in any municipal market

(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Chairperson or any officer or employee of the Council authorised by the Chairperson in this behalf.

318. Private markets.—

(1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Council. 

(2) No place other than a municipal slaughter house shall be used as a slaughter house:

Provided that nothing in this sub-section shall be deemed—

(i) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions (non-compliance with which shall be punishable under this Act) as the Chairperson may, by public or special notice, impose in this behalf, or

(ii) to prevent the Chairperson, with the sanction of the Council, from setting apart place for the slaughter of animal in accordance with religious custom.

319. Conditions of grant of licence for private market.—

(1) The Chairperson may charge such fees as the Council may prescribe in this behalf for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder.

(2) When the Council refuses to grant any licence, it shall record a brief statement of the reasons for such refusal.

(3) The Chairperson may, for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit, or cancel his licence.

(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancellation.

320. Prohibition of keeping market open without licence, etc.—

(1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefor, or while the licence therefor is suspended or after the same has been cancelled.

(2) When a licence to open a private market is granted or refused or is suspended or cancelled the Chairperson shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.

321. Prohibition of use of unlicensed markets.—

No person knowing that market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.

322. Prohibition of business and trade near a market.—

(1) No animal or article shall be sold or exposed for sale within a distance of one hundred metres of any municipal market or licensed private market without the permission of the Chairperson.

(2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the Chairperson or any officer or employee of the Council appointed by him in this behalf.

323. Levy of stallages, rents and fees.—

(1) The Chairperson, with the previous approval of the Council may—

(a) charge such stallages, rents and fees as may from time to time be fixed by him in this behalf—

(i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house;

(ii) for the right to expose articles for sale in a municipal market;

(iii) for the use of machines, weights, scales and measures provided for in any municipal market; and

(iv) for the right to slaughter animals in any municipal slaughter house, and for the feed of such animals before they are ready for slaughter; or

(b) farm the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period as he thinks fit; or

(c) put up to public auction or dispose by the private sale the privilege of occupying or using any stall, shop, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as he may think fit.

(2) A copy of the table of stallages and fees, if any, chargeable in any municipal market in New Delhi and of the bye-laws made under this Act for the purpose of regulating the use of such market printed in such language or languages as the Chairperson may direct, shall be affixed in some conspicuous place in the market.

324. Power to expel disturbers, etc., from markets.—

The Chairperson may prevent the entry in any market and shall expel therefrom, any person suffering from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.

325. Butcher’s fish-monger’s and poulter’s licence.—

(1) No person shall without or otherwise than in conformity with a licence from the Chairperson carry on the trade of a butcher, fish-monger, poulterer or importer of flesh intended for human consumption or use any place for the sale of flesh, fish or poultry intended for human consumption:

Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air-tight or hermetically sealed receptacles.

(2) The Chairperson may order and subject to such conditions as to supervision and inspection as he thinks fit to impose grant a licence or may by order refuse for reasons to be recorded, to grant the same.

(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Chairperson may, for special reasons, specify in the licence.

(4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the Chairperson may stop the use thereof by such means as he may consider necessary.

(5) (i) If the Chairperson or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animals is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may at any time by day or night without notice inspect such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law under this Act at the time in force is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein.

(ii) The Chairperson may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under clause (i) of this sub-section.

(iii) If within one month of such seizure the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Chairperson or if the owner is convicted of an offence under this Act in respect of such animal, carcass or flesh, the proceeds of any sale under clause (i) of this sub-section shall vest in the Council.

(iv) Any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorised under the provisions of this Act may be arrested by any police officer without a warrant.

(v) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for affecting such entry.

Trades and occupations

326. Factory, etc., not to be established without permission of the Chairperson.—

(1) No person shall, without the previous permission in writing of the Chairperson, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power. 

(2) The Chairperson may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.

327. Premises not to be used for certain purposes without licence.—

(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, namely:—

(a) any of the purposes specified in Part I of the Ninth Schedule;

(b) any purpose which is, in the opinion of the Chairperson dangerous to life, health or property or likely to create a nuisance;

(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or

(d) storing any of the articles specified in Part II of the Ninth Schedule except for domestic use of any of those articles:

Provided that the Council may declare that premises in which the aggregate quantity of articles stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such articles shall be exempted from the operation of clause (d).

(2) In prescribing the terms of a licence granted under this section for the use of premises as mills or iron yards or for similar purposes the Chairperson may, when he thinks fit, require the licensee to provide a space or passage within the premises for carts for loading and unloading purposes

(3) The Council shall fix a scale of fees to be paid in respect of premises licensed under sub-section (1):

Provided that no such fee shall exceed five hundred rupees.

328. Seizure of certain animals.—

(1) If any horses, cattle or other quardruped animals or birds are kept on any premises in contravention of the provisions of section 327, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Council, the Chairperson or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Council for this purpose and the cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds: 

Provided that anyone claiming such animal or bird may, within seven days of the seizure get them released on his paying all expenses incurred by the Chairperson in seizing, impounding or removing and in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and birds issued under the provisions of section 327.

(2) Whenever the Chairperson is of opinion that the user or any premises for any of the purposes referred to in sub-section (1) of section 327 is causing a nuisance and such nuisance should be immediately stopped, the Chairperson may order the owner or the occupier of the premises to stop such nuisance within such time as may be specified in the order and in the event of the failure of the owner or occupier to comply with such order, the Chairperson may himself or by an officer subordinate to him cause such user to be stopped.

(3) Without prejudice to the foregoing provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this Act.

329. Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327.—

(1) The Chairperson may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in sub-section (1) of section 327, which may be specified in such notice. 

(2) No objections to any such declaration shall be received after a period of one month from the publication of the notice.

(3) The Chairperson shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think but not so as to extend its application.

(4) Every such declaration shall be published in the Official Gazette and in such other manner as the Chairperson may determine, and shall take effect from the date of its publication in the Official Gazette.

(5) No person shall, in any area specified in any declaration published under sub-section (4) use any premises for any of the purposes referred to in section 327 specified in the declaration and the Chairperson shall have the power to stop the use of any such premises by such means as he considers necessary.

330. Licences for hawking articles, etc.—

No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf,—

(a) hawk or expose for sale in any place any article whatsoever whether it be for human consumption or not;

(b) use in any place his skill in any handicraft or for rendering services to and for the convenience of the public for the purposes of gain or making a living.

331. Eating houses, etc., not to be used without licence from the Chairperson.—

(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place, where food is sold or prepared for sale. 

(2) The Chairperson may at any time cancel or suspend any licence granted under sub-section (1) if he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law made in this behalf, whether the licensee is prosecuted under this Act or not.

332. Licensing and control of theatres, circuses and places of public amusement.—

No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement:

Provided that nothing in this section shall apply to private performances in any such place.

333. Power of Chairperson to stop use of premises used in contravention of licences.—

If the Chairperson is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.