Animals and MUMBAI MUNICIPAL CORPORATION ACT, 1888
Mumbai Municipal Corporation Act, 1888
Section 316: Prohibition of the tethering of animals in the public street
(1) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or household, in any public street
(2) Any animal tethered as aforesaid may be removed by the Commissioner, or by any municipal officer or servant, and made over to a police officer, or may be removed by a police officer, who shall deal therewith as with an animal found straying.
Section 384: Prohibition as to keeping animals.
(1) No person shall—
(a) without the written permission of the Commissioner, or otherwise than in conformity with the terms of such permission, keep any swine in any part of Greater Bombay; [ These words were substituted for the words " the city " by Bom. 7 of 1950, s. 6(1).]
(b) keep any animal on his premises so as to be a nuisance or dangerous to any person;
(c) feed any animal, or suffer or permit any animal, to be fed or to feed, with or upon excrementitious matter, dung, stable refuse or other filthy matter.
(2) Any swine found straying may be forthwith destroyed and the carcass thereof disposed of as the Commissioner shall direct. No claim shall lie for compensation for any swine so destroyed.
Section 384 - A: Stabling animals or storing grain in dwelling houses may be prohibited
Where a building or any portion thereof is used or intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely,-
(a) for keeping any horse, cow, buffalo, bullock, goat or donkey, or
(b) as a godown or place for the storage, in connection with wholesale trade of grain, seed or groceries, the Commissioner may, if it shall appear to him necessary for sanitary reasons to do so, by written notice require the owner or occupier of such building to discontinue the use of such building for any such purpose; provided that the Commissioner may permit such use subject to such conditions as he may think fit to prescribe.]
Section 394: Certain articles [or animals] not to be kept, and certain trades, processes and operations not to be carried on, without a licence ; and things liable to be seized, destroyed, etc., to prevent danger or nuisance.
(1) Except under and in accordance with the terms and conditions of the licence granted by the Commissioner, no person shall,—
(a) keep, or suffer or allow to be kept, in or upon any premises,—
(i) any article specified in Part I of Schedule M ; or,
(ii) any article specified in Part II of Schedule M, in excess of the quantity therein specified as the maximum quantity ( or where such article is kept along with any other article or articles specified in that Schedule, such other maximum quantity as may be notified by the Commissioner ) of such article which may at any one time be kept in or upon the same premises without a licence ;
(b) keep, or suffer or allow to be kept, in or upon any premises, for sale or for other than domestic use, any article specified in Part III of Schedule M ;
(c) keep, or suffer or allow to be kept, in or upon any premises, horses, cattle or other four-footed animals for sale, for letting out on hire or for any purpose for which any charge is made or any remuneration is received, or for the sale of any produce thereof;
(d) keep or use, or suffer or allow to be kept or used, in or upon any premises, any article 2[or animal] which, in the opinion of the Commissioner, is dangerous to life, 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, kept or used or suffered or allowed to be kept or used ;
(e) carry on or allow or suffer to be carried on, in or upon any premises,—
(f) carry on within 3[Brihan Mumbai] or use or allow to be used any premises for, the trade or operation of a carrier.
(2) The State Government may, by notification in the Official Gazette, add to, amend or delete any item in Schedule M and thereupon, the said Schedule shall be deemed to be amended accordingly but without prejudice to anything done or omitted to be done before such amendment.
(3) A person shall be deemed—
(b) to keep or to suffer or allow the keeping of an article 1[ or animal] or to carry on or allow to be carried on a trade, process or operation within the meaning of clause (d), or, as the case may be, paragraph (ii) of clause (e), of sub-section (1), if he does any act in furtherance of keeping of such article l[or animal] or carrying on of such trade, process or operation or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman, watchman or otherwise.
(4) If it appears to the Commissioner that the keeping of any article, 2[ or animal] or the carrying on of any trade, process or operation, in or upon any premises, is dangerous or likely to create a nuisance within the meaning of clause (d), or paragraph (ii) of clause (e), of sub-section (1), the Commissioner may, by written notice, require the person keeping the article 2[or animal] or suffering or allowing it to be kept or the person carrying on the trade, process or operation or allowing it to be carried on, as the case may be, to take such measures (including discontinuance of the use of the premises for any such purpose) as may be specified by him in such notice in order to prevent such danger or nuisance ; and if such measures are not taken within the specified time, the Commissioner may seize and carry away or seal such article 2[or animal] or any machinery or device used in connection with such trade, process or operation. Any article 2[or animal] or machinery or device so seized and carried away or sealed may be redeemed, within a period of one month from the date of seizure, on payment of such sum and subject to such conditions as to future use or disposition of such article 2[or animal], machinery or device as may be fixed by the Commissioner in that behalf :
Provided that, if any article 2[or animal] so seized and carried away or sealed is of an explosive or dangerous nature, the Commissioner may by order in writing cause the same to be forthwith destroyed or otherwise disposed of, as he thinks fit :
Provided further that, if any article 2[ or animal ] or machinery or device so seized and carried away or sealed is not claimed and redeemed by the owner or person found in possession thereof, the Commissioner may by order in writing cause the same to be sold by auction or otherwise disposed of as he thinks fit, forthwith if the article 2[or animal] is of a perishable nature, and in any other case after the expiry of the aforesaid period of one month.
The proceeds of the sale or other disposal (if any) shall, after defraying therefrom the cost of the sale or such disposal, be paid to the owner or person found in possession of the article 2[or animal] or machinery or device sold or disposed of.
(5) It shall be in the discretion of the Commissioner—
(a) to grant any licence referred to in sub-section (1), subject to such restrictions or conditions (if any), as he shall think fit to specify, or
Provided that, the Commissioner when withholding any such licence shall record his reasons in writing for such withholding and furnish the person concerned a copy of his order containing the reasons for such withholding :
Provided further that, any person aggrieved by an order of the Commissioner under this sub-section may, within sixty days of the date of such order, appeal to the Chief Judge of the Small Cause Court, whose decision shall be final.
(6) Every person to whom a licence is granted by the Commissioner under sub-section (5) shall,—
(c) put proper lable on the packing or container of every licensable article to indicate its name, contents and hazardous nature.
(7) The Commissioner may from time to time with the approval of 2[the Standing Committee] specially exempt from the operation of this section any mills for spinning or weaving, cotton, wool, silk or jute or any other large mill or factory.
SCHEDULE OF LICENCE FEES AND RULESAPPENDED TO SCHEDULE 'M'(Section 394 of the Bombay Municipal Corporation Act)
Section 398: What to be deemed municipal markets and slaughterhouses. 1[(1)] All markets and slaughter-houses which belong to or are maintained by the corporation shall be called “ municipal markets” or “ municipal slaughter-houses ”. All other markets and slaughter-houses shall be deemed to be private.
2[(2) The corporation may also establish markets for the purchase and sale of or trading in agricultural produce specified in Schedule JJ. The corporation may, with the previous sanction of the State Government, add to, amend or cancel, by notification in the Official Gazette, any of the items of agricultural produce specified in Schedule JJ.]
Section 399: Provisions of new municipal markets and slaughterhouses.(1) The Commissioner, when authorised by the corporation in this behalf, may construct, purchase or take on lease any building or land for the purpose of establishing a new municipal market or a new municipal slaughterhouse or of extending or improving any existing municipal market or slaughter-house, and may from time to time, build and maintain such municipal markets and slaughter-houses and such stalls, shops, sheds, pens and other building or conveniences for the use of the persons carrying on trade or business in or frequenting, such municipal markets or slaughter-houses, and provide and maintain in such municipal markets such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit.
(2) Municipal slaughter-houses may be situate within or with the sanction of 3[the4[State] Government] without 5[Brihan Mumbai].
Section 400: Municipal markets and slaughter- houses may be closed. The Commissioner may, with the sanction of the corporation and of 3[the 4 [State] Government], at any time, close any municipal market or slaughter-house; and the premises occupied for any market or slaughterhouse so closed may be disposed of as the property of the corporation.
Section 401: Prohibition of sale in a municipal market without license of Commissioner.
Section 402: Opening of new private markets.
(2) No person shall establish a new private market for the sale of, or for the purpose of exposing for sale animals intended for human food, or any other, article of human food, except, with the sanction of the Commissioner, who shall be guided to giving such sanction by the decisions of the corporation at the time in force under sub-section (1). [The owner or occupier of a place in which a private market is established shall, for the purposes of this subsection, be deemed to have established such market.] - These words were added by Bom. 5 of 1938, s. 39.
(3) When the establishment of a new private market has been so sanctioned, the Commissioner shall cause a notice of such sanction to be affixed in the English, Marathi- Gujarati and Urdu languages on some conspicuous spot on or near the buildnig or place where such market is to be held.
Section 403: Private markets not to be kept or permitted to be kept open and on place to be used or permitted to be used as slaughter-house without licence.
(a) keep open or permit to be kept open [These words w«re inserted by Born. 5 of 1938, s. 40.] a private market;
(c) use or permit to be used [These words were inserted by Born. 5 of 1938, s. 40.] any place without Greater Bombay whether as a slaughter-house or otherwise, for the slaughtering of any animal intended for human food to be consumed in Greater Bombay: (2) Provided that—
(d) the Commissioner shall not refuse, cancel or suspend any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation framed under section 406 or with some by-law made under this Act, at the time in force and shall not cancel or suspend any such licence without the approval of the standing committee;
(dd) the Commissioner may with the previous approval of the standing committee cancel or suspend, any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing shed pen or other place therein;
(e) nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he thinks fit, on the occasion of any festival or ceremony or under special circumstances.
(2B) For the purposes of this section, the owner or occupier of any place which is habitually used for the slaughter of animals intended for human food shall be deemed to have used or permitted to be used such place for the slaughter of animals unless he proves that the place was so used without his knowledge.
(3) When the Commissioner has refused, cancelled or suspended any licence to keep open a private market, he shall cause a notice of his having so done to be affixed in the English, Marathi, Gujarati and Urdu languages on some conspicuous spot on or near the building or place where such market has been held.
Section 404: Prohibition of sale in unauthorised private markets. No person who knows that any private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of food.
Section 410: Prohibition of sale or supply of animals etc., except in a market. (1) Except as hereinafter provided, no person shall, without & licence from the Commissioner, sell or supply or expose for sale. or supply any four-footed animal or meat or fish intended for human food, in any place other than a municipal or private market:
(2) Provided that nothing in sub-section (1) shall apply to fresh fish sold from or exposed for sale in, a vessel in which it has been brought direct to the seashore after being caught at sea.
Section 411: Butchers and persons who sell or supply the flesh of animals to be licensed: No person shall without, or otherwise than in conformity with the terms of a license granted by the Commissioner in this behalf—
Section 412: Prohibition of import of cattle, etc., into Greater Bombay without permission.
(2) Any animal brought into Greater Bombay [These words were substituted for the words "the city" by Bom. 7 of 1950, s. 6(1).] in contravention of this section may be seized by the Commissioner or by any municipal officer or servant and any flesh brought into Greater Bombay [These words were substituted for the words "the city" by Bom. 7 of 1950, s. 6(1).] in contravention of this section may be seized by the Commissioner or by municipal officer or servant or by any Police Officer or in or upon railway premises by any Railway servant and any animal or flesh so seized may be sold or otherwise disposed of as the Commissioner shall direct. The proceeds, if any, shall belong to the corporation.
(3) Nothing in this section shall be deemed to apply to cured or preserved meat. This section [412] was substituted for the original section by Bom. 2 of 1911, s. 16.
Section 476A: Punishment for using or permitting to be used without licence any place in or without [Brihan Mumbai] as slaughterhouse. Whoever contravenes any provisions of clause (b) or (c) of sub-section (1) of section 403 shall, on conviction, be punished,—
Section 476B: Punishment for importing cattle, etc. in Brihan Mumbai.
Section 384: Prohibition as to keeping animals.
(c) feed any animal, or suffer or permit any animal, to be fed or to feed, with or upon excrementitious matter, dung, stable refuse or other filthy matter.
(2) Any swine found straying may be forthwith destroyed and the carcass thereof disposed of as the Commissioner shall direct. No claim shall lie for compensation for any swine so destroyed.
Section 384 - A: Stabling animals or storing grain in dwelling houses may be prohibited
Where a building or any portion thereof is used or intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely,-
(a) for keeping any horse, cow, buffalo, bullock, goat or donkey, or
(b) as a godown or place for the storage, in connection with wholesale trade of grain, seed or groceries, the Commissioner may, if it shall appear to him necessary for sanitary reasons to do so, by written notice require the owner or occupier of such building to discontinue the use of such building for any such purpose; provided that the Commissioner may permit such use subject to such conditions as he may think fit to prescribe.]
Section 384 - A: Stabling animals or storing grain in dwelling houses may be prohibited
Where a building or any portion thereof is used or intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely,-
(a) for keeping any horse, cow, buffalo, bullock, goat or donkey, or
(b) as a godown or place for the storage, in connection with wholesale trade of grain, seed or groceries, the Commissioner may, if it shall appear to him necessary for sanitary reasons to do so, by written notice require the owner or occupier of such building to discontinue the use of such building for any such purpose; provided that the Commissioner may permit such use subject to such conditions as he may think fit to prescribe.]
Section 394: Certain articles [or animals] not to be kept, and certain trades, processes and operations not to be carried on, without a licence ; and things liable to be seized, destroyed, etc., to prevent danger or nuisance.
(1) Except under and in accordance with the terms and conditions of the licence granted by the Commissioner, no person shall,—
(a) keep, or suffer or allow to be kept, in or upon any premises,—
(i) any article specified in Part I of Schedule M ; or,
(ii) any article specified in Part II of Schedule M, in excess of the quantity therein specified as the maximum quantity ( or where such article is kept along with any other article or articles specified in that Schedule, such other maximum quantity as may be notified by the Commissioner ) of such article which may at any one time be kept in or upon the same premises without a licence ;
(i) any article specified in Part I of Schedule M ; or,
(ii) any article specified in Part II of Schedule M, in excess of the quantity therein specified as the maximum quantity ( or where such article is kept along with any other article or articles specified in that Schedule, such other maximum quantity as may be notified by the Commissioner ) of such article which may at any one time be kept in or upon the same premises without a licence ;
(b) keep, or suffer or allow to be kept, in or upon any premises, for sale or for other than domestic use, any article specified in Part III of Schedule M ;
(c) keep, or suffer or allow to be kept, in or upon any premises, horses, cattle or other four-footed animals for sale, for letting out on hire or for any purpose for which any charge is made or any remuneration is received, or for the sale of any produce thereof;
(d) keep or use, or suffer or allow to be kept or used, in or upon any premises, any article 2[or animal] which, in the opinion of the Commissioner, is dangerous to life, 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, kept or used or suffered or allowed to be kept or used ;
(e) carry on or allow or suffer to be carried on, in or upon any premises,—
(i) any of the trades specified in Part IV of Schedule M, or any process or operation connected with any such trade ;
(ii) any trade, process or operation, which, in the opinion of the Commissioner, is dangerous to life, 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 ;
(f) carry on within 3[Brihan Mumbai] or use or allow to be used any premises for, the trade or operation of a carrier.
(2) The State Government may, by notification in the Official Gazette, add to, amend or delete any item in Schedule M and thereupon, the said Schedule shall be deemed to be amended accordingly but without prejudice to anything done or omitted to be done before such amendment.
(3) A person shall be deemed—
(a) to have known that keeping any article [or animal] or carrying on a trade, process or operation is, in the opinion of the Commissioner, dangerous or likely to create a nuisance within the meaning of clause (d) or, as the case may be, paragraph (ii) of clause (e), 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 ;
(b) to keep or to suffer or allow the keeping of an article 1[ or animal] or to carry on or allow to be carried on a trade, process or operation within the meaning of clause (d), or, as the case may be, paragraph (ii) of clause (e), of sub-section (1), if he does any act in furtherance of keeping of such article l[or animal] or carrying on of such trade, process or operation or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman, watchman or otherwise.
(4) If it appears to the Commissioner that the keeping of any article, 2[ or animal] or the carrying on of any trade, process or operation, in or upon any premises, is dangerous or likely to create a nuisance within the meaning of clause (d), or paragraph (ii) of clause (e), of sub-section (1), the Commissioner may, by written notice, require the person keeping the article 2[or animal] or suffering or allowing it to be kept or the person carrying on the trade, process or operation or allowing it to be carried on, as the case may be, to take such measures (including discontinuance of the use of the premises for any such purpose) as may be specified by him in such notice in order to prevent such danger or nuisance ; and if such measures are not taken within the specified time, the Commissioner may seize and carry away or seal such article 2[or animal] or any machinery or device used in connection with such trade, process or operation. Any article 2[or animal] or machinery or device so seized and carried away or sealed may be redeemed, within a period of one month from the date of seizure, on payment of such sum and subject to such conditions as to future use or disposition of such article 2[or animal], machinery or device as may be fixed by the Commissioner in that behalf :
Provided that, if any article 2[or animal] so seized and carried away or sealed is of an explosive or dangerous nature, the Commissioner may by order in writing cause the same to be forthwith destroyed or otherwise disposed of, as he thinks fit :
Provided further that, if any article 2[ or animal ] or machinery or device so seized and carried away or sealed is not claimed and redeemed by the owner or person found in possession thereof, the Commissioner may by order in writing cause the same to be sold by auction or otherwise disposed of as he thinks fit, forthwith if the article 2[or animal] is of a perishable nature, and in any other case after the expiry of the aforesaid period of one month.
The proceeds of the sale or other disposal (if any) shall, after defraying therefrom the cost of the sale or such disposal, be paid to the owner or person found in possession of the article 2[or animal] or machinery or device sold or disposed of.
(5) It shall be in the discretion of the Commissioner—
(a) to grant any licence referred to in sub-section (1), subject to such restrictions or conditions (if any), as he shall think fit to specify, or
(b) for the purposes of ensuring public safety, to withhold any such licence:
Provided that, the Commissioner when withholding any such licence shall record his reasons in writing for such withholding and furnish the person concerned a copy of his order containing the reasons for such withholding :
Provided further that, any person aggrieved by an order of the Commissioner under this sub-section may, within sixty days of the date of such order, appeal to the Chief Judge of the Small Cause Court, whose decision shall be final.
(6) Every person to whom a licence is granted by the Commissioner under sub-section (5) shall,—
(a) keep such licence in or upon the premises, if any, to which it relates ;
(b) put up a board outside such premises on a conspicuous part, indicating thereon the nature of the article 1[ or animal ] kept or the trade, process or operation carried on, in or upon the premises, the municipal licence number, if any, in respect thereof and the name and local address of the owner or occupier or person in charge of the premises ;
(c) put proper lable on the packing or container of every licensable article to indicate its name, contents and hazardous nature.
(7) The Commissioner may from time to time with the approval of 2[the Standing Committee] specially exempt from the operation of this section any mills for spinning or weaving, cotton, wool, silk or jute or any other large mill or factory.
SCHEDULE OF LICENCE FEES AND RULESAPPENDED TO SCHEDULE 'M'(Section 394 of the Bombay Municipal Corporation Act)
SCHEDULE OF LICENCE FEES AND RULESAPPENDED TO SCHEDULE 'M'(Section 394 of the Bombay Municipal Corporation Act)
Section 398: What to be deemed municipal markets and slaughterhouses. 1[(1)] All markets and slaughter-houses which belong to or are maintained by the corporation shall be called “ municipal markets” or “ municipal slaughter-houses ”. All other markets and slaughter-houses shall be deemed to be private.
2[(2) The corporation may also establish markets for the purchase and sale of or trading in agricultural produce specified in Schedule JJ. The corporation may, with the previous sanction of the State Government, add to, amend or cancel, by notification in the Official Gazette, any of the items of agricultural produce specified in Schedule JJ.]
Section 399: Provisions of new municipal markets and slaughterhouses.(1) The Commissioner, when authorised by the corporation in this behalf, may construct, purchase or take on lease any building or land for the purpose of establishing a new municipal market or a new municipal slaughterhouse or of extending or improving any existing municipal market or slaughter-house, and may from time to time, build and maintain such municipal markets and slaughter-houses and such stalls, shops, sheds, pens and other building or conveniences for the use of the persons carrying on trade or business in or frequenting, such municipal markets or slaughter-houses, and provide and maintain in such municipal markets such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit.
(2) Municipal slaughter-houses may be situate within or with the sanction of 3[the4[State] Government] without 5[Brihan Mumbai].
Section 400: Municipal markets and slaughter- houses may be closed. The Commissioner may, with the sanction of the corporation and of 3[the 4 [State] Government], at any time, close any municipal market or slaughter-house; and the premises occupied for any market or slaughterhouse so closed may be disposed of as the property of the corporation.
Section 401: Prohibition of sale in a municipal market without license of Commissioner.
(1) No person shall, without a licence from the Commissioner, sell or expose for sale any animal or article in any municipal market,
(2) Any person contravening this section may be summarily removed by the Commissioner or by any municipal officer or servant.
Section 402: Opening of new private markets.
(1) The corporation shall from time to time determine whether the establishment of new private markets shall be permitted in Greater Bombay or in any specified portion of the Greater Bombay.
(2) No person shall establish a new private market for the sale of, or for the purpose of exposing for sale animals intended for human food, or any other, article of human food, except, with the sanction of the Commissioner, who shall be guided to giving such sanction by the decisions of the corporation at the time in force under sub-section (1). [The owner or occupier of a place in which a private market is established shall, for the purposes of this subsection, be deemed to have established such market.] - These words were added by Bom. 5 of 1938, s. 39.
(3) When the establishment of a new private market has been so sanctioned, the Commissioner shall cause a notice of such sanction to be affixed in the English, Marathi- Gujarati and Urdu languages on some conspicuous spot on or near the buildnig or place where such market is to be held.
Section 403: Private markets not to be kept or permitted to be kept open and on place to be used or permitted to be used as slaughter-house without licence.
(1) No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf—
(a) keep open or permit to be kept open [These words w«re inserted by Born. 5 of 1938, s. 40.] a private market;
(b) use or permit to be used [These words w«re inserted by Born. 5 of 1938, s. 40.] any place in Greater Bombay as a slaughterhouse or for the slaughtering of any animal intended for human food;
(c) use or permit to be used [These words were inserted by Born. 5 of 1938, s. 40.] any place without Greater Bombay whether as a slaughter-house or otherwise, for the slaughtering of any animal intended for human food to be consumed in Greater Bombay: (2) Provided that—
(d) the Commissioner shall not refuse, cancel or suspend any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation framed under section 406 or with some by-law made under this Act, at the time in force and shall not cancel or suspend any such licence without the approval of the standing committee;
(dd) the Commissioner may with the previous approval of the standing committee cancel or suspend, any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing shed pen or other place therein;
(e) nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he thinks fit, on the occasion of any festival or ceremony or under special circumstances.
(2A) Any animal or flesh intended for human food found in the possession of any person contravening the provisions of clause (b) or (c) of sub-section (1) may be seized by the Commissioner or any municipal officer or servant or by any police officer and any such animal or flesh may be sold or otherwise disposed of as the Commissioner shall direct. The proceeds, if any, arising from such sale shall belong to the Corporation.
(2B) For the purposes of this section, the owner or occupier of any place which is habitually used for the slaughter of animals intended for human food shall be deemed to have used or permitted to be used such place for the slaughter of animals unless he proves that the place was so used without his knowledge.
(3) When the Commissioner has refused, cancelled or suspended any licence to keep open a private market, he shall cause a notice of his having so done to be affixed in the English, Marathi, Gujarati and Urdu languages on some conspicuous spot on or near the building or place where such market has been held.
Section 404: Prohibition of sale in unauthorised private markets. No person who knows that any private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of food.
Section 410: Prohibition of sale or supply of animals etc., except in a market. (1) Except as hereinafter provided, no person shall, without & licence from the Commissioner, sell or supply or expose for sale. or supply any four-footed animal or meat or fish intended for human food, in any place other than a municipal or private market:
(2) Provided that nothing in sub-section (1) shall apply to fresh fish sold from or exposed for sale in, a vessel in which it has been brought direct to the seashore after being caught at sea.
Section 411: Butchers and persons who sell or supply the flesh of animals to be licensed: No person shall without, or otherwise than in conformity with the terms of a license granted by the Commissioner in this behalf—
(a) carry on within Greater Bombay or at any municipal slaughter house, the trade of a butcher.
(b) use any place in Greater Bombay for the sale or supply of the flesh of any animal intended for human food, or any place without Greater Bombay for the sale or supply of such flesh for consumption in Greater Bombay.
Section 412: Prohibition of import of cattle, etc., into Greater Bombay without permission.
(1) No person shall without the written permission of the Commissioner bring into Greater Bombay [These words were substituted for the words "the city" by Bom. 7 of 1950, s. 6(1).] any cattle, sheep, goats or swine intended for human food, or the flesh of any such animal which has been slaughtered at any slaughter-house or place not maintained or licensed under this Act. (1-A) Any Police Officer may arrest without warrant any person bringing into Greater Bombay [These words were substituted for the words "the city" by Bom. 7 of 1950, s. 6(1).] any animal or flesh in contention of sub-section (1).
(2) Any animal brought into Greater Bombay [These words were substituted for the words "the city" by Bom. 7 of 1950, s. 6(1).] in contravention of this section may be seized by the Commissioner or by any municipal officer or servant and any flesh brought into Greater Bombay [These words were substituted for the words "the city" by Bom. 7 of 1950, s. 6(1).] in contravention of this section may be seized by the Commissioner or by municipal officer or servant or by any Police Officer or in or upon railway premises by any Railway servant and any animal or flesh so seized may be sold or otherwise disposed of as the Commissioner shall direct. The proceeds, if any, shall belong to the corporation.
(3) Nothing in this section shall be deemed to apply to cured or preserved meat. This section [412] was substituted for the original section by Bom. 2 of 1911, s. 16.
Section 476A: Punishment for using or permitting to be used without licence any place in or without [Brihan Mumbai] as slaughterhouse. Whoever contravenes any provisions of clause (b) or (c) of sub-section (1) of section 403 shall, on conviction, be punished,—
(a) for a first offence, with fine which may extend to [two thousand rupees] ;
(b) for a second and subsequent offence, with imprisonment for a term which may extend to [one year and with fine which may extend to two thousand rupees] : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than [two months and such fine shall not be less than four hundred rupees.]
Section 476B: Punishment for importing cattle, etc. in Brihan Mumbai.
Whoever contavenes any provisions of sub-section (1) of section 412 shall, on conviction, be punished,
(a) for a first offence, with fine which may extend to rupees two hundred;
(b) for a second and subsequent offence, with imprisonment for a term which may extend to one year and with fine which may extend to two thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than two months and such fine shall not be less than four hundred rupees.
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