The Shimla Municipal Corporation (Municipal Markets) Bye-Laws.
I. Short Title and Commencement:-
1. These bye-laws may be called the Shimla Municipal Corporation (Municipal Markets) Bye-Laws, 1986.
2. These shall come into force from the date of their publication in the Official Gazette.
Lease of Municipal Corporation Stall:-
2. No person shall be permitted to lease a Municipal market stall unless he submits himself on any person he employs in any capacity for inoculation against the enteric group of diseases for examination by the Corporation Health Officer to ascertain whether or not he is or they are carrier (s) of the enteric group of diseases or of dysentery, at Municipal expense.
3. Subject to the provisions of bye-laws (2) the license shall be granted by Municipal Corporation to applicants to hire Municipal Market stall provided the lessee agrees, in writings to the conditions laid down in Form ‘A’
Period of Lease:-
4. A lease granted under bye-laws (3) shall continue for a period not more that 12 months and shall in any case terminate on 31st March immediately succeeding the date of the lease.
Rent of Stalls:-
5. The rent for stalls shall be fixed annually and shall be payable in advance to the Tax Superintendent not later than 15th April or in two installments payable not later than 15th April and 31st August in each year.
Penalties:-
6. Any person who comments a breach of these bye-laws and any licensee who comments a breach of any condition of a license granted to him under these bye-laws, shall be liable, on conviction by a Magistrate to be punished with fine which may extend to five hundred rupees, and if the breach is a continuing breach, with a further fine which may extend to twenty five rupees for every day after the first during which the breach continues. The Corporation may also in the event of such breach cancel the licenses;
Repeal and Saving:-
The Bye-laws publishes with Punjab Govt. Notification No. 4/32-C-38/313 dated 15th January, 1939 are hereby repealed. Providing that anything done or any action taken under the provisions of the bye-laws so repealed shall be deemed to have been done or taken under the provisions of these bye-laws.
Conditions to be observed by the lessee for the lease of a market stall (to include dairies, Poultry, meat, fish, vegetables, fruit and other stalls) granted under bye-law (3) of the bye-laws for Municipal Markets.
The lease shall be granted to Meat, fish, dairy, fruit, vegetable & Poultry dealer subject ot the following conditions:- . (i) that he shall not employ or permit to be employed in any capacity in his stall any person suffering from any contagious or infections disease, or from loath some sores, or who has recently been attending on any person so suffering, or who, in the opinion of the Corporation Health Officer is undesirable for any reason whatsoever, and that he shall not cause any such person or animal to enter or remain upon the licensed premises;
(ii) that he shall report immediately to the Corporation, Health Officer, the occurrence of any infections disease or prolonged fever amongst his own family or that of his employees.
(iii) that he shall not employ or permit ot be employed in any capacity in his stall any person who has not been inoculated against the enteric group of diseases and examined by the Corporation Health Officer with a view to ascertaining whether he is a carrier of the enteric group of diseases of dysentery and declared free of these diseased;
(iv) that he shall keep all vessels, receptacles, tables, shelves and other equipment at all times in a state of cleanliness by daily scrubbing them to the satisfaction of the Corporation Health Officer and the Market authorities;
(v) that he shall keep his own personal clothes and those of his employees clean, and shall provide clean aprons for the use of himself and his employees which are to be used invariably during work in connection with the sale or preparation of articles for which the stall is leased;
(vi) that he shall both carry on or permit to be carried on any other trade or occupation in premises except that for which the stall is intended, and that he shall not use or suffer to be used any portion of the premises as a living or sleeping room;
(vii) that he shall not spit or smoke or suffer any person to spit or smoke within the premises;
(viii) that he shall not keep or suffer to be kept in the premises any bedding, soiled clothes or other extraneous articles not required for any purpose connected with that for which the stall is intended;
(ix) that he shall not use or permit to be used in the preparation of any article of food, intended for human consumption, any water except water obtained from the Municipal Water supply laid in direct pipe connection to the licensed premises;
(x) that he shall permit any member or the officer of the municipal corporation authorised in this behalf at all reasonable times and without notice to inspect the license of premises;
(xi) that he shall not place or expose for sale in a market any article in such a manner as to obstruct any passage in such a market;
(xii) that he shall not cook or suffer any body to cook in any part of the stall/market.
(xiii) that he shall not bring any vehicle inside any market or any dog or other live animal;
(xiv) That every shall holder shall, on employing another parson to act in his place, declare the fact to the Market Superintendent who shall enter the same on the back of the remaining receipt and also on a register maintained for this purpose;
(xv) that he shall not hawk or carry any article for sale in the market, or shout, or quarrel or use abusive or indecent language;
(xvi) that he shall not sell anything in any market or stall at a price higher than that laid done in respect of it in the list of prices current and prepared from time to time under the authority of the Municipal Corporation or other competent authority under a law.
(xvii) that he shall keep at his own expense and at all times his name board (legibly written in English or Hind and/ or of such size and pattern as may be approved by the Market Superintendent) showing his name and of his partner if the stall is held jointly.
(xviii) that no butcher, in any stall, shall sell or expose for sale, or cause to be sold any caress or part of a carcass, to which Municipal stamps of the pattern approved by Municipal Corporation from time to time have not previously been impressed or imprinted by the Market Superintendent the impression on each leg-each side of the loins, each of the flanks, each side of the neck and each should, in taken of their having been passed fit for human consumption and classified according to quality.
(xix) that no butcher shall remove or cause to be removed the municipal lead seal affixed by Market Superintendent of the slaughter house to the heal tendon of the light hind leg of every carcass passed, untill the carcass have been duly stamped in the manner prescribed in condition (xviii);
(xx) that he may not close his stall at any time except by Order or permission of the Corporation Health Officer acting on behalf of Municipal Corporation;
(xxi) that the articles found unfit for human consumption shall be destroyed by the Corporation Health.
Officer or the Market Supdt. or another Officer authorised in this behalf at the spot without giving notice in advance;
SHIMLA Licensing/Leasing Authority
Municipal Corporation, Shimla.
Dated---------------
By Order
Secretary (LSG) to the
Government of Himachal Pradesh.
No. LSG-A(3)-3/85-Dated Shimla-171002, the 20th March,86.
Copy forwarded to:-
1. The Deputy Controller Printing & Stationery, H.P. Press, Shimla 171005 for favour of publication into extra ordinary Gazette. He is also requested that four copies of the Rajpatra where of the notification is published may kindly be sent to this department.
2. Commissioner, Municipal Corporation, Shimla for kind information.
3. The Asstt. Commissioner, Municipal Corporation, Shimla for information and necessary action with reference to his letter No. MCS/GA/1492/CH/85-6383 dated 20.8.95.
4. The Under Secretary (Law) Govt. of Himachal Pradesh for information please.
5. The Deputy Legal Remembrances to the Govt. of H.P. Shimla-2.
Under Secretary (LSG) to the
Govt. of Himachal Pradesh.,
ACCOUNTS BRANCH
This branch keeps the account of MC finances. All the financial transaction, preparation of budget, maintaining the proper record of the finances are done by this branch.
Functions of the branch.