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ANNEXURE II.
EXTRACTED FROM MUNICIPAL ORDINANCE OF THE STRAITS SETTLEMENTS.
SECTION 194,
(4) Any person who, not being licensed in that behalf, within a Municipality-
Offences by unlicensed persons and persons
stalls.
(a) sets up a stall, table or show-board in any street or public setting up
place or on any private land or open space or place to which the public has access, for the purpose of selling or exposing for sale any food or drink; or
(b) sets up a stall, table or show-board in any street or public place for the sale, or for exposing for sale, of goods other than food or drink;
shall be guilty of an offence, and may be arrested without Warrant by any police officer or by any municipal officer authorised in writing by the President generally or in any particular case and taken before a Police Court, and shall be liable on conviction for a first offence to a fine not exceeding twenty-five dollars and for a second or subsequent offence to a fine not exceeding fifty dollars.
(5) Any stall, table or show-board together with any accompanying appliances and utensils and the food, drink or goods intended to be sold, whether they appear to be abandoned or not, belonging or appearing to belong to a person appearing to be committing or to have committed an offence under sub-section (4) may be seized by any police officer or municipal officer authorised as aforesaid and removed to and detained at any Police Station or municipal depot at the risk of the owner to abide the directions of a Police Court:
Provided that any perishable articles likely to decay so seized and removed may be disposed of forthwith: Provided also that if any abandoned articles so seized and detained other than perishable articles already disposed of are claimed within forty-eight hours after such seizure by the owner thereof, being a person licensed or otherwise lawfully entitled to set up or sell such articles at the place at which the same were seized, such articles shall be returned to such owner.
(6) (a) Every such seizure shall, except when the articles seized have been returned to the owner, be reported to a Police Court.
(b) The Police Court shall, on convicting any person of an offence under para. (a) of sub-section (4) or on receiving a report in respect of any abandoned articles which were apparently being used in connexion with the sale of food or drink, order the property seized under sub-section (5) to be forfeited and to be disposed of in such manner as the Court deems fit:
Provided that if the Court directs the sale of such articles the proceeds shall be paid to the Municipal Fund.
(c) The Police Court may, on convicting a person of an offence under paragraph (b) of sub-section (4), or on receiving a report of any abandoned articles which were not apparently being used in connexion with the sale of food or drink, order the property seized under sub- section (5) to be forfeited and to be disposed of in such manner as the Court deems fit.
Provided that if the Court directs the sale of such articles the proceeds shall be paid to the Municipal Fund or shall be divided between the Municipal Fund and the owner in such proportions as the Court shall direct.
Seizure of goods of offenders &
stall and
abandoned stalls and
goods.
Forfeiture of stalls and goods seized.