←Section 437, sub-section (1)Section 439→

Section 438 of The Calcutta Municipal Corporation Act, 1980 — Prohibition of use of unlicensed markets

Bare section text

Official Legislative Text

No person, who knows that any market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.

Educational Study Layer

Summary

No person who knows that a market has opened to the public without a required licence may sell or expose for sale any animal or article in that market.
No person who knows that a market licence is currently suspended may sell or expose for sale any animal or article in that market.
No person who knows that a market licence has been cancelled may sell or expose for sale any animal or article in that market.
The statutory bar applies to every kind of article and every animal intended for sale.
This provision directly penalizes individual sellers and traders rather than just the market owner or operator.

Practical examples

1Deepa brings a truckload of vegetables to an unlicensed bazaar on 14 March 2025. At the market entrance, she reads prominent municipal notices stating that the market was refused a licence and is operating unlawfully. Deepa rents an interior stall anyway and displays her tomatoes for sale. Because Deepa knowingly exposes articles for sale in an unlicensed market, she violates Section 438.

2Subhash operates a spice stall in a private market. On 1 July 2025, municipal officers serve an order on the stallholders and affix posters confirming that the market licence has been cancelled. Subhash continues to sell pepper and cloves from his counter the following morning. His deliberate trade in a market known to be cancelled breaches Section 438.

FAQ

1. Does a vendor violate Section 438 if they had no knowledge that the market lacked a licence?

No, Section 438 of this Act specifically penalizes a person who knows that the market opened without a licence, or that its licence is suspended or cancelled.

2. What items are covered by the ban on selling under Section 438?

Section 438 of this Act covers any animal or article whatsoever, meaning all live animals, perishable foods, and manufactured goods.

3. Does Section 438 allow selling dry packaged dry goods in a suspended market?

No, Section 438 of this Act strictly forbids selling or exposing for sale any article of any kind in a market known to be suspended.

Practice Quiz

Q1.Under Section 438 of this Act, what key condition must be established to hold a vendor liable for selling goods in an unlicensed market?

Q2.Under Section 438 of this Act, which of the following actions is prohibited inside a market known to have its licence suspended?

Q3.Under Section 438 and Section 437 of this Act, how does the posting of an entrance notice under Section 437(2) affect a vendor charged under Section 438?

Q4.Under Section 438 of this Act, what classes of goods are permitted to be exposed for sale in a market known to have had its licence cancelled?

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