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Tuesday, June 29, 2010

LICENCE u/s 394 of MMC Act

Jai Vishwakarma
Shri Naresh Raghunath Mestry.
Asstt. Supdt. Of License
Municipal Corporation of
Greater Mumbai.

Res.- B/24 Stone Harber
Aprt., Laxman Mhatre Road, Navagaon
Dahisar (W),
Mumbai – 400 068.
Date:-22nd August 2009.
To,
The Chairman,
Panchal Yuva Sangh,
Shop No.1, Venus Co.
Op.Hou.Soc., N.B.Road,
Chincholi Bundar, Behind
Bansi Snacks, Malad (w),
Mumbai – 400 064.
Sir,
As requested by Mr. Amol N. Mestry several times by personally and on telephones. I am giving certain information’s regarding licensing system is Greater Mumbai limit to facilitate the people at large and particularly our Vishwakarma Panchal community people who are carrying on the activities i.e. trades and storage authorized or unauthorized i.e. with or without licences u/s 394 of MMC Act., is Greater Mumbai limit i.e. from Dahanu to Culaba and up to Mulund. This handout is prepared to communicate the policies and procedures of licensing system and give them confidence while getting the licenses u /s 394 of MMC Act, 30 that they overcome their problems.

I - General :
This handout deals with the power and procedure to be followed in connection with the grant of licenees for the trades, operations and storages is greater Mumbai and covers the role to be played both bye the applicants and the municipal staff. It contains
(A) of schedule ‘M’ appended to section 394 of the MMC Act giving particulars of commodities and trades for which a license is necessary.
(B) Prescribed terms for issue of letters and notices etc. for ready reference. Under Section 61(j) of the Act, MMC Act 1888, it is one of the obligatory duties of the corporation to take measures for the regulation of offensive and dangerous trades for this purpose. Section 394 of the MMC Act, deals with the question of licenees required for the trades, operations and storages mentioned in schedule ‘M’ appended to this section.

II - Purpose of Licensing In Mumbai 
The main purpose of issue of licences is to control the trades and storages from fine-risk; public safety and public health print of view.

III - Licensing system and its features
(A) Licensing System – The licensing system in Mumbai is as old as our Civic Administration. It assumed real importance in 1890, the year in which the Public Health Department of the Mumbai municipal corporation was entrusted with the licensing duties. That year separate unit was created for this purpose and was entrusted with the task of issuing licences and entering the relevant rules and regulations on systematic lines and in accordance with certain fixed principles. The licensing thus assumed new importance along with the setting up of a separate what the system has come to be today is not a matter of overnight thinking or planning or of sudden growth. It is a product of slow evolution, the experience of many years and many persons going into its frame-work.
(B) Features of the Licensing System
The main features of the system are as follows :-
1) It is not rigid but flexible.
2) It is more practical than theoretical.
3) It is designed to achieve some sort of uniformity in diversity of this cosmopolitan city.
4) The principal aim of the system is to make metropolies cleaner, healthier and more beautiful for citizens to live in.
5) Since the problems of Mumbai are peculiar, the system of licensing is also of a peculiar type.

IV – What is a License?
The word ‘License’ is not defined in Municipal Act 1888, However the License may be taken to mean a written permission, granted by the Municipal Commissioner or other authorized officers to who powers have been delegated in this behalf U/S 68 MMC of Act by the Municipal Commissioner, for carrying on trade, operation or keeping commodities as specified. There in subject to the of general and special conditions requirements embodied therein.
All the licenses are issued by the License Department in the word subject to approval of C.F.O. and other concerned departments and requirements given by them. Since the formation of development control rules. These rules are also observed while granting license. Applications are mainly scrutinized on the following points.
1) Zorring conformity
2) Authorization of structure.
3) Approval from C.F.O. (Chief Fire Officers) and the concerned departments as the care may be.
4) Whenever motive power is used NOC (F, F5 & 6), Permit (F.F-10) U/S 300 of MMC Act from factory section of the MMC is issued or not. Items which are under the Administrative control of Health Department are specified.

V – Who needs a License?
(A)(i) Any person who keeps or allows or suffer to be kept any articles mentioned in Part I of Schedule -‘M’. (ii) Any articles specified in Part II of schedule ‘M’ in excess of the quantity there In specified as maximum quantity (or where such articles 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 license.

(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 cattle, horses or other four footed animals for sale, for letting out on hire or for any purpose for which any change is made or any remuneration is received or for the sale of any produce there of.
(D) Keep or use or suffer or allow to be kept or used in or upon any premises any article which is the opinion of the commissioner is dangerous to life, health or property or likely to create nuisance either from its nature or bye 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.

VI - To whom the license can be issued
The person who has complied with the requirements subject license to which a license is offered and has paid fees for the same can be issued a license.
The license is issued in the name of the person or person applying for its in a particular premises.
In case of proprietary firm or partnership concern which is not a limited or private limited one, License is issued in the name of the firm.
In case of ‘limited’ or ‘Private Limited’ concern , the license is issued in the name of the concern as such concern is a ‘Legal Person’ in law. (The Ltd. Company or Private Ltd. Company has itself legal entity.) If the application is received from an official or a limited company, the license is issued in the name of the Director of the company itself and not in the personal name of the applicant.


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