BASSARMAL BHOJRAJMAL FLOUR MILLS Vs. STATE

JUDGEMENT

(1.) BASSARMAL has been found guilty of an offence under Section 161 of Regulation 6 of 1925 (Ajmer-Merwara Municipalities Regulation read with bye-laws framed under Chief commissioner's Notification No. 41g/ 33 dated 22-2-1938. He has been sentenced to a fine of Rs. 3/only. Against his conviction and fine, he has come up in revision. I have heard the learned Counsel for the applicant, the learned Public Prosecutor and the learned Counsel for Ajmer Municipality.

(2.) THE prosecution case is that Bassarmal was found on 29-7-1952 working a flour mill without being in possession of a licence for the same. The facts are not challenged.

(3.) THE learned Counsel for the applicant has urged that the bye-laws are in excess of the powers conferred on the Municipality by Section 245 of Regulation VI of 1925. The learned Public Prosecutor concedes that under Section 245, the Municipal Committee is empowered only to frame bye-laws for the inspection and proper regulation, of the flour mills. He urges that the power to render a licence necessary is drawn from the provisions of Section 161. This Section reads: No place within a municipality shall be used. . . as any other manufactory, engine house or place of business from which offensive or unwholesome smells, noises or smoke arise-except under a licence from the Committee which shall be renewable annually. In my opinion the Committee in framing the bye-laws referred to above and laying down that: No person shall establish or maintain a flour mill within the limits of the municipality except under a licence and in accordance with the conditions. . . . only exercised their powers under Section 161 on-being satisfied that a flour mill was a manufactory, engine-house or a place of business from which offensive or unwholesome smells or noises arise'. It has not been contested before me that the Municipal Committee was wrong in coming to the conclusion that offensive and unwholesome noises arise or come out from every Hour mill. As such. I am of opinion that under Section 161 (1) the Municipal Committee was empowered to render a licence necessary prior to the starting or establishment of a flour mill. The bye-laws notified on 22-2-1938 have not been assailed on any other point. I, accordingly, hold that they are not in excess of the powers conferred on the Municipal Committee by Regulation 6 of 1925.