236. General provisions regarding licenses and permissions

  1. 188[Save as otherwise expressly provided in, or may be prescribed under this Act, every application for any licence or permission under this Act or any rule or byelaw made there under or for the renewal thereof, shall be made not less than thirty and not more than ninety days before the earliest date with effect from which, or the commencement of the period (being a year of such less period as is mentioned in the application) for which the licence or permission is required.
  2. Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission fees may be charged on such units and at such rates as may be fixed by the Village Panchayat with due regard to the expenditure to be incurred for rendering service to the trade and for the regulation of the trade, for which the licence or permission is granted.
  3. Save as aforesaid, if orders on an application for any such licence or permission are not communicated to the applicant within thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the Secretary the application shall be deemed to have been allowed for the period, if any for which it would have been ordinarily allowed and subject to the law, rules and bye-laws and all conditions ordinarily imposed.
  4. The acceptance of the pre-payment of the fee for any such licence or permission shall not entitle the person making such pre-payment to the licence or permission but only to a refund of the fee in case of refusal of the licence or permission.
  5. If an act for which any such licence or permission is necessary is done without such licence or permission or in a manner inconsistent with the terms of the licence or permission obtained, then–
    1. The Secretary may, by notice require the person so doing such act to alter, remove or as far as practicable restore to its original state, the whole, or any part of any property, movable or immovable, public or private, affected thereby, within a time to be specified in the notice; and 189[shall, so require if directed by the Village Panchayat;]
    2. If no penalty has been specifically provided in this Act for so doing such act the person so doing it shall be punishable with fine not exceeding one thousand rupees and with such higher rate of fine in case of repetition of offence and after three offences much severer punishment 190[“may be awarded or prosecution proceeding may be initiated as the Panchayat may deem fit”]
  6. Whenever any person is convicted of an offence in respect of the failure to obtain any such licence or permission, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the village panchayat the amount of the fee chargeable for the licence or permission, and may, in his discretion, also recover summarily and pay over to the village panchayat such amount, if any as he may fix as the costs of the prosecution.
    Explanation. - The recovery of the fee for a licence or permission under this sub-section shall not entitle the person convicted to the licence or permission.
  7. Every order of the Secretary granting or refusing a licence or permission shall be published on the notice board of the village panchayat. 191[XXXX]
  8. Every order of the Secretary refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds.
  9. Any licence or permission granted under this Act or any rule made under it may at any time be suspended or revoked by the Secretary, if any of its restrictions limitations or conditions is evaded or infringed by the grantee or if the grantee is convicted of a breach of the provisions of the Act or of any rules made under it in any matter to which such licence or permission relates or if the grantee has obtained the same by misrepresentation or fraud.
  10. It shall be the duty of the Secretary to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law or rules, any condition of a licence or permission or any lawful direction or prohibition is contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section by the secretary or any person to whom he has lawfully delegated his powers or by any force necessary for effecting an entrance under this sub-section.
  11. When any licence or permission is suspended or revoked or when the period for which it was granted, or within which application for renewal should be made, has expired, whichever expires later, the grantee shall for all purposes of this Act or any rule made under it be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled or, subject to sub-sections (3) and (4), until the licence or permission is renewed, as the case may be.
  12. Every grantee of a licence or permission shall at all reasonable times, while such licence or permission remains in force, produce the same when required by the secretary.
  13. 192[Notwithstanding anything contained in the provisions of this section, no licence or permission under this Act shall be granted to any person who has defaulted payment of any tax, fees or other dues payable to the Village Panchayat.]

188Substituted by Act 13 of 1999.
188Added by Act 13 of 1999.
190Substituted by Act 13 of 1999.
191Omitted by Act 13 of 1999.
192Inserted by Act 13 of 1999.