- (1.) IN this revision case we are concerned with the question whether in view of section 38 of the West Bengal Fire Services Act 1950, it is still open to the Howrah Municipality to levy any license fee under the provisions of sec. 386 of the Calcutta Municipal Act 1923, as applied to Howrah for granting a license in respect of a premises to which the provisions of section 386 (1) (b) of the Calcutta Municipal Act applies. The opposite party, Shalimar Wood Products Private Limited of No. I, Swarnamoyee Road within the Howrah Municipality, has its godown for storing timber at the aforesaid premises, and within the same premises wooden bobbins and other wooden articles are manufactured by the use of machinery operated by electricity. Under section 386 (1) no person shall use any premises for the purposes specified in clauses a, b, c and d of subsection (1) of that section except under and in conformity with the terms of a license granted by the Commissioners of the Municipality. Clause (a) refers to the purposes specified in Schedule XIX among which is included the purpose of using a place as a depot for wood. Clause (b) refers to any purpose which in the opinion of the Commissioners is dangerous to life health and property or likely to create a nuisance. Exhibit. 13 shows that the howrah Municipality by a resolution or rather an order of the Administrator dated 18th June, 1955. adopted a list of dangerous trades for which license would be required under clause (b) oft sub-section (1) of sec. 386. Among these purposes is included manufacturing with electric power wooden bobbins or carding staves or wooden stores. Another item is any workshop run with electricity or motor power. It is, therefore, clear that under clause (b) of sub-section 1 of section 386 taken with the order of the Administrator, Ext. 13, the opposite-party is required to take out a license for the use of the premises for the manufacture of wooden bobbins and other wooden stores by means of machinery operated by electricity. Also as the same house is used as the place of storing timber or wood the opposite-party is liable to take out a license in view of clause (a) of sub-sec. 1 of section 386. Now the West Bengal Fire Services Act which came into force on 30th March, 1950 provides for licensing of warehouses for the purpose of financing Fire Brigade Services. Under the provisions of this Act any place used as a warehouse for storing combustible articles like wood has to have a license under the Act. Section 38 of the Act runs as follows :- "on the application of this Act to Calcutta or any other municipality, section 386 of the Calcutta Municipal Act, 1923, or section 370 of the Bengal Municipal Act, 1932, as the case may be, shall be deemed to be repealed in so far as they entitle the Corporation of Calcutta or the Commissioners of the municipality to levy fees in respect of any premises or part thereof licensed as a warehouse under this Act. "
(2.) THE contention of the Howrah Municipality was that in so far as the premises at No. 1, Swarnamoyee Road, Howrah, is licensed under the Fire Services Act, 1950 for storing of wood and timber the Howrah Municipality can no longer ask for a license under sec. 386 (1) (a), but in so far as the premises are used for manufacture of wooden bobbins etc. with electric power the Howrah Municipality can not only ask for a license to be taken out under sec. 386 (1) (a) but also can levy fees under sub-sec. (3) of section 386 which empowers the Commissioners, to fix a scale of fees to be paid in respect of the premises licensed under sub-section (1 ).
(3.) THE defense of the opposite-party. the Shalimar Wood Products Private Limited, was that in view of the fact that the Company had taken out a license under the Fire Services Act it was no longer liable to take out any license under any of the clauses of sec. 386 of the Calcutta Municipal Act as applied to Howrah and in any case it was not liable to pay any fee for such license.;