MMCNPIT Act 338अध्याय XXVI · Miscellaneous

धारा 338 · General provisions regarding grant, suspension or withdrawal of licences and written permission and levy of fees, etc

(1)

Whenever it is provided by or under this Act that a licence or a written permission may be given for any purpose, such licence or permission shall specify the period for which, and the restrictions and conditions subject to which, the same is granted and the date by which an application for the renewal of the same shall be made and shall be given under the signature of the Chief Officer or of any other municipal officer empowered by or under this Act or by the Chief Officer to grant the same.

(2)

Except as otherwise provided by or under this Act, there shall be charged a fee -

(a)

for every such licence at such rates as shall from time to time be specified in the respective provision of the by-laws relating to the grant of such licence; and

(b)

for every such written permission at such rates as shall from time to time be specified in the bye-laws made in this behalf:

Provided that, -

(i)

such fee may be a recurring fee:

(ii)

the by-laws may provide for the levy of a higher fee by way of penalty for any act done by any person without licence or written permission;

(iii)

the higher fee levied under clause (ii) of this proviso shall be leviable in addition to any other penalty or liability to which such person may be liable under the provisions of this Act or any rules or by-laws made thereunder.

(3)

Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if such authority is satisfied that it has been secured by the holder through misrepresentation or fraud or if any of its restrictions or conditions are infringed or evaded by the person to whom the same has been granted, or if the said person is convicted of an infringement of any of the provisions of this Act or of any rule or by-laws pertaining to any matter to which such licence or permission relates.

(4)

When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Act, be deemed to be without a licence of written permission, until the order for suspending or revoking the licence or written permission is cancelled or until the licence or written permission is renewed, as the case may be:Provided that, when an application has been made for the renewal of a licence or written permission by the date specified therein, the applicant shall be entitled to act as if it has been renewed, pending the receipt of orders.

(5)

Every person to whom any such licence or written permission has been granted shall, at all reasonable times, while such written permission of licence remains in force, if so required by the Chief Officer or any municipal officer duly authorised in this behalf, produce such licence or written permission.

(6)

Every application for a licence or written permission shall he addressed to the Chief Officer.

(7)

The acceptance by or on behalf of the Council of the fee for a licence or permission shall not in itself entitle the person paying the fee to the licence or permission.

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