Panchayat:Repo18/Law Manual Page0301

Sec. 222

THE KERALA PANCHAYAT RAJ ACT, 1994

301

S.85 [corresponding to S.221 of the Panchayat Raj Act, 1994)- Panchayat (Public & Private Markets) Rules (1964, Kerala), R.3-Sanction of Director for shifting of markets -Resolution of Panchayat if to be before sanction - The wording of the section does not justify a conclusion that the sanction contemplated under S.85 is a previous sanction, or one prior to the Panchayat's resolution. The language of R.3 of the Panchayat (Public and Private Markets) Rules, 1964 indicates that the resolution of the Panchayat must be before the Director according sanction under S.85(1) of the Act. - lype Ulhannan v. Panchayat Board, Manjallur – 1966 KLT 1035 : 1966 KLJ 955.

222. Licensing of private markets.- (1) No person shall open a new private market or continue to keep open a private market unless he has obtained a licence from the Village Panchayat to do so. Such licence shall be got renewed by the licensee every year.

(2) The Village Panchayat may,—

(a) grant the licence applied for, subject to such conditions as it may think fit as to supervision and inspection, sanitation and water supply, weights and measures to be used, rents and fees to be charged and such other matters as may be prescribed;

(b) refuse renewal of a licence if it is satisfied that such refusal is justified in public interest;

(c) at any time suspend or cancel any licence granted under clause (a) for breach of any of the conditions thereof;

(d) modify the conditions of the licence to take effect from a specified date, and

(e) In a case where renewal of licence is refused under clause (b), the reasons therefor shall be intimated to the licensee and in case the licensee cures such defects within the time prescribed such application shall be reconsidered.

(3) No market fee shall be charged in evening markets (Anthichanthas) and the licence for the same shall be granted free of charge, but shall be subject to such conditions as to supervision and inspection, sanitation and weights and measures to be used as may be prescribed.

(4) When a licence granted under sub-section (2) permits the licensee to levy any fee from the private market, a licence fee not exceeding one third of the gross income of the owner from the market in the preceding year shall be charged by the Village Panchayat:

Provided that in the case of a new market the licence fees shall be fixed by the Panchayat at rates which shall not be less than the amounts given hereunder, namely: and

(i) if the area of the market is not more than 0.1 hectare, rupees two hundred;

(ii) if the area is more than 0.1 hectare but less than 0.2 hectare, rupees four hundred; ve !...

(iii) and if the area is more than 0.2 hectare, rupees five hundred.

(5) The Village Panchayat or any officer duly authorised by it may close a private market which is unlicensed or the licence for which has been suspended or cancelled, or which is held or kept open contrary to the provisions of this Act after prior intimation.

NOTES

If Corporation, or any Civic Authority receives any information that third parties are carrying on business or holding market without licence, it is the duty of Corporation or Civic Authority to take appropriate

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