B. C. VARMA, AG. C. J. ( 1 ) THE challenge in this petition is to the bye-laws (Document No. 1) framed by the Datia Municipal Committee in exercise of the powers conferred by sub-s. (3) of S. 357 of the M. P. Municipalities Act, 1961. The bye-laws have been confirmed by the State Government by Notification No. 907-XVIII-II-83, dated 3/10/1983. By these bye-laws, the sale of vegetable Ghee within the Municipal limits of Datia Municipality has been regulated. ( 2 ) BYE-LAW 4 provides that no person shall sell or offer for sale vegetable Ghee unless he holds a licence granted in accordance with the provisions of these bye-laws, in Form 'a' appended to the bye-laws. According to bye-law 5, there shall be two classes of licences, namely: (a) Wholesale Dealers' Licence; and (b) Retail Dealer's Licence. Provision has been made for issuance of licence prescribing certain conditions. Provision has also been made for grant, refusal, suspension or revocation of the licence if a person commits breach of the bye-laws, with penalty. ( 3 ) SHRI Kotecha contended that the Municipality has no power to frame bye-laws regulating sale of vegetable Ghee. Section 268 of the Act provides for licensing the sale of certain articles of food and drinks. The relevant part of that section is as follows:"268. Licensing and condition for sale of certain articles of food and drinks- (1 ). No person shall sell or offer or expose for sale at any place within the Municipality- (i) any animal or any meat or fish intended for human food; or (ii) any milk or dairy product, sweetmeat, fruits, vegetables, betels (ready for chewing), ice, asrated waters, syrups or soft drinks, fruit juice or neera, confectionary and prepared food or drink of any kind; except under and in accordance with the conditions of a licence granted by the Council. (2) No sale of any such article shall be permitted at any place near any stable, public latrine, drain or manhole. . . . . . . ( 4 ) ACCORDING to learned counsel for the petitioners, except for the articles mentioned in S. 268 (1), the Municipal Committee has no further power to make bye-laws regulating the sale of any other article including vegetable Ghee and to make provision for issuance of licence for dealing in other articles. We are unable to accept this contention.
. ( 4 ) ACCORDING to learned counsel for the petitioners, except for the articles mentioned in S. 268 (1), the Municipal Committee has no further power to make bye-laws regulating the sale of any other article including vegetable Ghee and to make provision for issuance of licence for dealing in other articles. We are unable to accept this contention. Section 358 which permits the powers of the Municipality to make bye-laws, reads as under:"358. Power to make bye-laws - In addition to any power specially conferred by this Act, the Council may, and if so required by the State Government, shall make byelaws. . . . . . . . . . . . . . . . . . " sub-section (8) (c) of this section permits theMunicipality to make bye-laws prescribing the conditions on or subject to which and the circumstances in which and the area of localities in respect of which licenses may be granted, refused, suspended or withdrawn for the use of any land, premises or place not belonging to Council. . . . . . . . . . . . . . for the manufacture, preparation, storing, sale or supply for the purpose of trade of any article or thing intended for human food or drink whether such food or drink is to be consumed in such place or not. "a bare reading of this provision shows that the power has been given to the Municipality to make bye-laws in respect of matters enumerated in section 358 in addition to any power specifically conferred under the Act which may include power to make provision for issuance of licence and prescribing conditions of sale of food and drinks provided u/s. 268. We find that by force of section 358 (8), the Municipality has power to make bye-laws regulating the sale of anything intended for human food. Vegetable Ghee is an article intended to be used for human food. ( 5 ) WE are, therefore, of opinion that the Municipality does have the power to make bye-laws regulating sale of vegetable Ghee. We are of opinion that the bye-laws (Document No. 1) have been validly framed by the Municipal Committee, Datia. ( 6 ) THE petition is, therefore, dismissed, No order as to costs. Petition dismissed. .