Panchayat:Repo18/Law Manual Page0313

KHC 909. [2008 (1) KLT 937 : 2008 (1) KLD SN 515: ILR 2008 (1) Ker. 619 : AIR 2008 Ker. 170 : 2008 (1) KLJ 795; (Para 7); Gokuldas v. Geologist, 2009 (3) KHC 821 : 2009 (3) KLT 924; (Paras 8, 9) - Referred to). The minimum distance from the boundary of the quarry to residential buildings, places of Worship, public buildings and public roads having vehicular traffic, river or lake, railway line, bridges, etc. shall be 100 metres - Ambika Pappu and Others v. District Collector, Ernakulam and Others - 2010 (3) KHC 253: 2010 (3) KLT SN 98. (Gem Granites v. Deputy Superintendent of Police, 2008 (1) KHC 909. [2008 (1) KLT 937 : 2008 (1) KLD SN 515: ILR 2008 (1) Ker. 619: AIR 2008 Ker. 170 : 2008 (1) KLJ 795; (Para 7); Gokuldas v. Geologist, 2009 (3) KHC 821 : 2009 (3) KLT 924; (Paras 8, 9) - Referred to).

The fire pumps are the integral part of the establishment of the petitioner. Without fire pumps, the petitioner cannot run the bottling plant. It also needs diesel generating sets to supply power when the supply of power by the Electricity Board is disrupted. Without such safety and back up measures, the petitioner cannot run the bottling plant. Rule 18 does not stipulate that fee can be charged only for the machinery actually used in the manufacturing process. Rule 18 empowers the local authority to charge licence fee under Section 232 of the Panchayat Raj Act for the place where any machinery or manufacturing plant operated by electricity is used. It does not stipulate that the electricity used should be supplied by the Kerala State Electricity Board and cannot be self generated power. Rule 18 or Schedule Ill of the aforesaid rules also does not draw a distinction between the machinery actually used in the manufacturing process and machinery which is required to be installed for the purpose of ensuring safety and also for uninterrupted supply of power. – Plant Manager, Indian Oil Corporation Ltd., v. Secretary. Thenhipalam Gramapanchayath - 2010 (3) KHC 195 : 2010 (3) KLT 300.

All that the said provision stipulates is that any fee imposed under the erstwhile Kerala Panchayat Raj Act, 1960 immediately before the appointed day, namely the date on which the Kerala Panchayat Raj Act, 1994 came into force will continue to be in force until it is modified by any rule made under the Kerala Panchayat Raj Act, 1994. The 1996 rules is a rule made under the Kerala Panchayat Raj Act, 1994. Thus, with the framing and issuance of the aforesaid rules, the stipulation in Section 284(2)(a) ceased to be effective – Plant Manager, Indian Oil Corporation Ltd., v. Secretary, Thenhipalam Gramapanchayath - 2010(3) KHC 195 : 2010 (3) KLT 300.

It is common for people to have dogs and pigs purely for domestic purposes, for which Dangerous & Offensive Rules would not be applicable. However, because of the nature of these animals, the rule making authority wanted separate licensing in respect of pigs and dogs which are reared and kept for domestic purposes only, which resulted in the Pigs and Dogs Rules. Therefore when pigs are reared and stored for the purpose of selling the same commercially what is required is a licence under the D & O Rules. The essential difference between the two licences is that for a licence under Pigs and Dogs Rules, the licence fee is only Rs. 10/-, whereas for a licence under D & O Rules, the licence fee is as per Schedule II thereof, which is on the basis of average daily turnover. When for poultry and goat which are traded commercially the licence fee is on the basis of daily turnover, there is no reason whatsoever why for trading in pigs, the licence fee should be only Rs. 10/-. This is another reason for holding that for commercial trading in pigs a licence under D & O Rules is mandatory. - Shaji Philip v. Pallikkathodu Grama Panchayath and Others – 2009 (1) KHC 32 : 2009 (1) KLT 14 : ILR 2009 (1) Ker. 186. (Thomas George v. Revenue Divisional Officer, 2005 KHC 1790.-2005 (4) KLT 562 : 2005 (3) KLJ 47; (Paras 4, 8) - Referred to).

As already noticed, the manner in which publication of notification or notice is provided in Kerala Panchayat Raj (Manner of Publication of Notification or Notice) Rules, 1996 noticed above and the proviso to R.3 confers power on the Government to direct that any notification shall, instead of being published in the Gazette, be published in any other manner specified by them. Such specification of another manner of publication of notification is available in R.4 of the D & O Rules, which provides notification, affixture of notices, advertisements by pamphlets and loudspeakers. Once there is such a prescription and that is complied with, it is not necessary that the Panchayat should publish notification in the gazette to implement the D and O Rules. If that be the position, the argument of the learned counsel for the petitioner that in the absence of a notification in the Government Gazette, they have no obligation to obtain D and O licence is only to be rejected. - Shanoj T.K. and Another.v. Wandoor Grama Panchayat and Others – 2008 (3) KHC 524 : 2008 (2) KLJ 913 : 2008 (3) KLT 674 : ILR 2008 (3) Ker.566.

S. 232, 233 - The provisions of the Kerala Panchayat Raj Act and the Rules framed thereunder and the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder operate in different fields. They occupy different areas. One, inter alia, is concerned with the well being of the people of the Grama Panchayat by regulating dangerous and offensive trades. If a dangerous or offensive trade takes place at a mine or a quarry, permit or licence for the same is

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