Municipalities Act, 1959, (since repealed and substituted by the Rajasthan Municipalities Act, 2009), it was lawful for the Board to direct that no place not belonging or vested in it shall be used for the purposes specified in Clause (b) of sub-section (1) of Section 90 except under and in accordance with the condition of a licence from the board, which may from time to time grant, suspend, withhold or withdraw such licences either generally or in individual cases. Section 90 (1) (b) of the Act of 1959 referred to in Section 235 ibid empowers the board to make Bye-laws not inconsistent with the Act which as per Clause (iii) of subsection 90 (1) (b) (d) includes market or shop for the sale of animals intended for human food or of meat or of fish or as a market for sale of food and vegetables. Thus, by virtue of provisions of Section 235 r/w Section 90 (1) (b) of the Act of 1959, the Board was competent to make Bye-laws not inconsistent with the Act for regulating inter-alia a market or a shop for the sale of meat, fish etc. But then, the provisions of Section 235 read with Section 90(b) in no manner empowers the Board to put restriction on sale and consumption of a particular variety of meat, sale and consumption whereof is not otherwise prohibited under the law enacted by the State Legislature or the Parliament. Even after repeal of the Act of 1959 and its substitution by Act of 2009, the position of law remains unaltered by virtue of provisions of Section 269 read with Section 340(1)(j) of the Act of 2009. Suffice is to say that the Municipal Corporation has no power to prohibit sale of any particular variety of meat by framing the bye-laws or otherwise, sale and consumption whereof is not prohibited under the law for time being in force. However, the sale of the meat at the market place or at any particular shop can always be regulated by issuing licence incorporating conditions
