RULES AND REGULATIONS GOVERNING THE LICENSING OF MEAT SHOPS

RULES AND REGULATIONS GOVERNING THE LICENSING OF MEAT SHOPS Details of licensing are as follows: Meat Shops are regulated as per the directions of Municipal Corporation Act 1976 where as the directions for timings for operation are fixed Shops and Commercial Establishment Act 1961. Provisions of Prevention of Food Adulteration Act are also applicable to food related items. As per section 364, the corporation shall provide a sufficient number of places for use as corporation slaughter-houses and the Commissioner may charge and levy such rents and fees for their use as the standing committee may determine, Such rents and fees shall be recoverable in the same manner as the property tax. The Commissioner may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as he may think fit. Act also says that the Corporation slaughter-houses may be situated within the city limits or outside the limits of the city with the sanction of the Government. The owner of any place within the limits of the city or at a distance within five kilometers of such limits which is used as a slaughter house for the slaughtering of animals or for the skinning or cutting up of carcasses shall, not less than thirty days before the commencement of the year for which the licence is sought or in the case of a place to be newly opened, not less than one month before the opening of the same, apply to the Commissioner for a license. Provided that this sub-section shall not be applicable to any area outside the limits of the city except with the previous sanction of the Government. The Commissioner may by an order, and subject to such restrictions and regulations as to supervision and inspection, as he thinks fit, grant or refuse to grant such license. Section 366 says that the Commissioner may allow any animal to be slaughtered in such place as he thinks fit on occasions of festivals and ceremonies or as a special measure. Act clearly says no person shall slaughter within the city except in a corporation or licensed slaughter- house any cattle, horse, sheep, goat or pig for sale or food or skin or cut up any carcass without or otherwise than in conformity with a license from the Commissioner or dry or permit to be dried any skin in such a manner as to cause a nuisance. As per section 353, No place within the limits of the city shall be used for any of the purposes mentioned in Schedule X without a license obtained from the Commissioner and except in accordance with the condition, specified therein. The Commissioner shall, if so required by the corporation, publish a notification in the Official Gazette and in two or more local newspapers that any place at a distance within five kilometers of the limits of the city shall not be used for any one or more of the purposes mentioned in Schedule X without a license obtained from the Commissioner and except in accordance with the conditions specified therein: Provided that no such notification shall take effect, unless the sanction of the Government has been obtained therefore and until the expiry of thirty days from the date of its publication in the Official Gazette. Section 370 says that no person shall, without the permission of the Commissioner, or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market. Any person who contravenes sub-section (1) or any condition of the license or any regulation made under section 378 or in any bye-law made under section 423 or who commits default in payment of the fees leviable under section 369 may after three clear days' notice be summarily removed form such market by any corporation officer or servant and any lease or tenure which any person may possess may be terminated for such period and from such date as the Commissioner may determine with-out prejudice to the legal rights of the corporation to prosecute the person or to recover the fees leviable under section 369 and expenses, if any which the corporation may incur in such removal. Meat shops require a license. Licensing Procedure: Bruhat Bangalore Mahanagar Palika issues license as per the provisions of Municipal Corporation Act 1976. As per the Karnataka Municipal Corporation Act, the owner or occupier of every place for the use of which for any purpose a license is required under the act shall apply to the Commissioner for such license not less than thirty days before the place is used for such purpose or within thirty days of the publication of the notification under sub-section (2) in the Official Gazette, as the case may be. Section 443 says that Every license or permission granted under this Act or any rule or bye law made under it shall specify the period, if any, for which and the restrictions, limitations and conditions subject to which the same is granted and shall be signed by the Commissioner. Act also says that Every license, permission, notice, bill, schedule, summons, warrant or other document which is required by this Act or by any rule, bye -law or regulation made under it to bear the signature of the Commissioner or of any corporation officer shall be deemed to be properly signed if it bears the facsimile of the signature of the Commissioner or of such corporation officer, as the case may be, stamped thereupon. Procedure in the Corporation as follows: Obtain the handbook for trade license from any of the range offices or citizen centers. The handbook contains FAQ and the schedule of trade that are liable to obtain license. The handbook contains an application form. Fill the application form. The applicant needs to file the property owner’s consent in plain paper or letterhead in Format B available in the handbook at page No.33. The owner has to file a copy of the latest property tax paid receipt in proof of ownership. At the time of filling the application, if the trade falls under zone A of the Comprehensive Development Plan, then the person needs to obtain immediate neighbour’s consent in plain paper in Format C available in the handbook at page No 35. The applicant is also required to file a layout plan for your trade premises showing the business/working/washing/resting/toilet areas etc. This layout plan can be certified by any licensed architect /engineer/ supervisor. However, other than hotels and restaurants, if the area of your trade premises is less than 500 square feet, certification of the layout plan is not required. Demand draft towards the license fee payable for the trade is also required. If the applicant needs to apply for power license, you need to fill the columns in the application form and pay Departments Involved: Health department of the Corporation is the department concerned. Health Officer is the Authority issuing license. Documents required for issuing license: - 1. Filled application form 2. The property owner’s consent in plain paper or letterhead in Format B available in the handbook at page No.33 3. Copy of the latest property tax paid receipt in proof of ownership 4. Demand draft towards the license fee payable for the trade 5. Separate demand draft for power, if needed 6. As the meat shop falls under zone A of the comprehensive development plan(6th item), immediate neighbor’s consent in plain paper in Format C (available in the handbook at page No 35.) at the time of filling the application is also needed License Fees:- Act says that license or permission fees shall be paid in advance as may be fixed by the corporation except in special cases provided under the Act. Provided that not more than one fee shall be levied in respect of any purpose specified in more heads than one of Schedule X if such heads form part of a continuous process of manufacture and the fee so charged shall not exceed the highest fee chargeable in respect of any one of the said purposes. The license fee to be paid for the different trades is mentioned in Schedule X PART 1 to Part VIII to this scheme. If a person have two or more schedule commodities in the same premises Refusal, suspension and Cancellation: As per the Act, Every order of the Commissioner or other municipal authority granting or refusing a license or permission shall be published on the notice board of the corporation If an application is denied by the commissioner, then the trader may appeal to standing committee (health) by producing the denied letter. Notwithstanding anything contained in this Act, any license or permission granted under this Act or any rule or bye-law made under it, may at any time be suspended or revoked by the Commissioner, if any of its restrictions or conditions is evaded or infringed by the grantee or if the grantee is convicted of a breach of any of the provisions of this Act or of any rule, bye-law or regulation made under it, in any matter to which such license or permission relates, or if the grantee has obtained the same by misrepresentation or fraud. When any license 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, the grantee shall for all purposes of this Act, or any rule or bye-law made under it be deemed to be without license or permission made until the order suspending or revoking the license or permission is cancelled or subject to sub-section (10) until the license or permission is renewed, as the case may be. Inspection: As per the act, every grantee of any license or permission, shall at all reasonable times while such license or permission remains in force, produce the same at the request of the Commissioner. It shall be the duty of the Commissioner to inspect places in respect of which a license or permission is required by or under this Act, and he may enter any such place between sunrise and sunset, and also between sunset and sunrise if it is open to the public or any industry is being carried on at the time, and if he has reason to believe that anything is being done in any place without a license 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, rules, bye- laws, regulations, any condition of a license or permission or any lawful direction or prohibition is being 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 Commissioner or any person to whom he has lawfully delegated his powers or by the use of any force necessary for effecting an entrance under this sub-section. License Renewal As per the Act, Every license shall expire at the end of the year for which it is granted, or at such earlier date as the Commissioner may, for special reasons, specify in the license. Applications for renewal of such licenses shall be made not less than thirty days before the commencement of the year for which renewal is sought. The license may be renewed to such conditions or the Commissioner may specify restrictions as or he may refuse to renew if it is likely to cause nuisance in the neighbourhood. Where a license is granted under this section for the use of any place outside the limits of the city, the corporation shall pay to the local authority within the limits of which such place is situated, such proportion of the fee received by the corporation for the grant or renewal of such license as the Government may, by general or special order, determine. Trade License Renewal Center’s will be opened at all business areas in the city. This center will issue Renewal Application Handbook, accept renewal applications and issue renewed licenses. The license issued expires on the 31st of March each year. You need to apply for renewal before last day of February each year. Applications received from the last day of February till the 31st March will be automatically renewed. Normally, there will not be an inspection of the trade premises for renewal before 31st March, unless warrant and directed by the Commissioner or the delegated authority. However,designated staff of Bangalore Mahanagara Palike will carry out random inspection after the trade license has been renewed. Renewal under the scheme (Suvarna Arogya Paravanagi) is done on the basis of an affidavit filed on a One hundred Rupees Stamp paper to the effect that the applicant will continue to carry on the trade as per regulation and other laws in force for the respective trade. Renewal Fees: Applications received from the last day of February till the 31st March will be automatically renewed. Application for renewal received between 1st March and 31st March will be done only