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Haryana Municipal (Regulation and Control of Sale of Ice & Aerated Water) Bye-laws, 1976

Haryana Municipal (Regulation and Control of Sale of Ice & Aerated Water) Bye-laws, 1976

Published vide Haryana Government Notification No. GSR 41/.../76, dated 19.3.76

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  1. (1) These bye-laws may be called the Haryana Municipal (Regulation and Control of Sale of Ice and Aerated Water) Bye-laws, 1976.

(2) They shall apply to all the municipalities.

  1. No person shall sell ice or aerated water within a municipality except in the premises licenced by the Municipal Medical Officer of Health, in this behalf.
  2. No premises shall be licensed for the sale of ice or aerated water-

(a) unless their floor is made of stone, cement or other impervious material;

(b) unless they are provided with a drain and the whole floor is so slopped as to allow all liquids to flow off by the drain;

(c) unless their walls and ceiling are properly plastered and lime-washed;

(d) unless they are provided with adequate light and ventilation to the satisfaction of the Municipal Medical Officer of Health;

(e) if there is any direct communication with any living or sleeping room; and

(f) if there is any latrine, cesspool, cow-shed or other place in the vicinity of the premises which in the opinion of the Municipal Medical Officer of Health renders its use for the sale of ice or aerated water undesirable.

  1. Subject to the provisions of bye-laws 3 and 5, licenses for the premises for the sale of ice and/or aerated water shall be issued on payment of fee of twenty rupees per annum, when the licencee is required for the whole year, or two rupees per mensem, if the licence is required for less than a year, by the Municipal Medical Officer of Health in the form, appended to these bye-laws on the application of the owner or occupier of such premises, and shall be granted subject to the conditions specified there in addition to the following conditions:-

(i) that the licensee shall not sell any ice or aerated water obtained from any ice or aerated water factory which he knows or has good reasons to believe that it is not approved by the Municipal Medical Officer of Health or such other officer as the committee may authorise in this behalf;

(ii) that the licensee shall keep all ice and aerated water in receptacles made of metal or wood lined inside with zinc sheeting and provided with close fitting covers (in case of aerated water it may be glass containers):

(iii) no person shall handle ice and aerated water-

(a) unless he has been inoculated against typhoid fever with two doses of T.A.B. vaccine (certificate of inoculation shall be exhibited in the licensed premises); or

(b) if he is suffering from any contagious or infectious disease or from loath some sores or has recently been attending on any person so suffering;

(iv) that the licensee shall keep the licensed premises and ice and aerated water containers in a state of thorough cleanliness;

(v) that the licensee shall permit the Municipal Medical Officer of Health or such other officer as the committee may authorise in this behalf, or any officer of the State Health Department to inspect the premises at all reasonable times and comply with the orders in this connection; and

(vi) that the ice and aerated water shall be carried from the ice and aerated water factories to the licensed premises in clean covered receptacles.

  1. No person owning or running an establishment mentioned in these bye-laws shall employ or permit to be employed any worker, unless the latter produces a certificate of medical fitness.
  2. Licences issued in accordance with bye-law No. 4 shall terminate on the 31st day of March, next following the date of issue.
  3. Any person who commits or abets the commission of a breach of any of these bye-laws shall, on conviction by a magistrate, be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees, and if the breach is continuing breach, with a further fine of ten rupees for every day after the first during which the breach continues.
  4. All bye-laws relating to the regulation and control of sale of ice and aerated water in force in the municipalities immediately before the commencement of these bye-laws shall stand repealed:

Provided that any order made or action taken under the bye-laws so repealed shall be deemed to have been made or taken under the corresponding provisions of these bye-laws.

Form

(See Bye-law 4)

Licence For Premises To Be Used For Sale Of Ice And Aerated Water

Number of licence_________

The premises of which a description is given in the attached Schedule situated in __________(name of Street, Sub-street, Shop or Booth number etc). are hereby licensed for the sale of ice and aerated water.

This licence is granted to __________the owner/occupier of the said premises, subject to the following conditions, with effect from______________

  1. That the licensee shall keep the licensed premises structurally fit for the purpose of which the license is granted.

Explanation:- "Structural fitness" shall be deemed to include-

(a) the existence of a floor made of stone, cement or other impervious material;

(b) possession of walls and ceiling properly plastered and lime-washed;

(c) adequate provision of light and ventilation;

(d) suitable drains; and

(e) no connection of licensed premises with any room used as sleeping room.

  1. That the licensee shall not sell any ice or aerated water obtained from any ice or aerated water factory which he knows or has good reasons to believe that the same is not approved by the Municipal Medical Officer or Health or any other officer authorised by the committee in this behalf.
  2. That the licensee shall keep all ice and aerated water in receptacles made of metal (glass in case of aerated water) or wood lined inside with zinc sheeting and provided with close fitting covers.
  3. That the licensee shall not employ or permit to be employed any person to handle ice and aerated water-

(a) unless he had been inoculated against typhoid with two doses of T.A.B. vaccine (certificate of inoculation shall be exhibited on the licensed premises);

(b)(i) unless he produces a certificate of medical fitness; and

(ii) if he is suffering from any contagious or infectious disease or from loath some sores or shall recently have been attending any person so suffering and that he has not permitted such person to enter or remain upon the licensed premises; provided that any person shall be so employed as worker only after he has produced a certificate of medical fitness from a Registered Medical Practitioner (certificate of medical fitness shall be exhibited on the licensed premises).

  1. That the licensee shall keep the licensed premises and aerated water and ice containers in a state of thorough cleanliness.
  2. That ice and aerated water shall be carried from the ice and aerated water factories to the licensed premises in clean covered receptacles or packed in suitable wrappers.
  3. That he shall permit the Municipal Medical Officer of Health or such other officers as the committee may authorise in this behalf or any officer of the State Health Department to inspect the premises at all reasonable times and comply with the orders in this connection.

Schedule

The actual room or rooms in which the sale of ice and aerated water is to be carried on should be described in cases where the whole of the building is not to be used for such sale.