Panchayat:Repo18/Law Manual Page0307 - Revision history

Sajithomas at 06:32, 24 January 2019

2019-01-24T06:32:24Z

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	'''Explanation''':— "Abkari shop" means a toddy shop or a foreign liquor shop or a foreign liquor retail shop or an establishment having FL-9 licence or a bar hotel, under the Abkari Act, 1077 and the rules made thereunder.]		'''Explanation''':— "Abkari shop" means a toddy shop or a foreign liquor shop or a foreign liquor retail shop or an establishment having FL-9 licence or a bar hotel, under the Abkari Act, 1077 and the rules made thereunder.]
	81[(2), (3), (4)] [ XXX]		81[(2), (3), (4)] [ XXX]
	80. Substituted for the words "Village Panchayat " by Act 13 of 1999, w.e.f. 24-3-1999. ** Inserted by the Act 23 of 2013, dated 25-11-2012. 81. Sub-sections (2) to (4) and explanation omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections
	and explanation read as under: "(2) Notwithstanding anything contained in the Abkari Act (1 of 1077) or in any other law for the time being in force no person shall without the previous permission in writing of a Village Panchayat and except in accordance with the conditions specified in the permission locate an abkari shop within a Village Panchayat area. (3) While granting permission to locate an abkari shop near educational institution or a place of religious worship, the distance limit prescribed under the Abkari Act for the time being in force or the rules made thereunder shall be complied with and the Village Panchayat shall not give permission to locate an abkari shop within the said distance limit.
			80. Substituted for the words "Village Panchayat " by Act 13 of 1999, w.e.f. 24-3-1999.
			** Inserted by the Act 23 of 2013, dated 25-11-2012.
			81. Sub-sections (2) to (4) and explanation omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections
			and explanation read as under:
			"(2) Notwithstanding anything contained in the Abkari Act (1 of 1077) or in any other law for the time being in force no person shall without the previous permission in writing of a Village Panchayat and except in accordance with the conditions specified in the permission locate an abkari shop within a Village Panchayat area.
			(3) While granting permission to locate an abkari shop near educational institution or a place of religious worship, the distance limit prescribed under the Abkari Act for the time being in force or the rules made thereunder shall be complied with and the Village Panchayat shall not give permission to locate an abkari shop within the said distance limit.
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Sajithomas at 06:29, 24 January 2019

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	::(4) A Village Panchayat shall be competent, in the interest of public peace or morality or on the grounds of convenience or nuisance, to order the shifting of an Abkari shop from the place where it is situated to another or its closing within a period not exceeding fifteen days, as may be directed in this behalf.		::(4) A Village Panchayat shall be competent, in the interest of public peace or morality or on the grounds of convenience or nuisance, to order the shifting of an Abkari shop from the place where it is situated to another or its closing within a period not exceeding fifteen days, as may be directed in this behalf.
	::(5) Notwithstanding anything contained in this section, the provisions of sub-sections (2) to (4) shall not be applicable to any Abkari shop existing on 25th November, 2012, the date of commencement of the Kerala Panchayat Raj (Fourth Amendment) Ordinance, 2012 (63 of 2012) or, subject to all existing legal provisions, for re-establishing the toddy shops existing on the said date, in the area within the boundaries allotted for establishing them.Explanation:— "Abkari shop" means a toddy shop or a foreign liquor shop or a foreign		::(5) Notwithstanding anything contained in this section, the provisions of sub-sections (2) to (4) shall not be applicable to any Abkari shop existing on 25th November, 2012, the date of commencement of the Kerala Panchayat Raj (Fourth Amendment) Ordinance, 2012 (63 of 2012) or, subject to all existing legal provisions, for re-establishing the toddy shops existing on the said date, in the area within the boundaries allotted for establishing them.
	liquor retail shop or an establishment having FL-9 licence or a bar hotel, under the Abkari Act, 1077 and the rules made thereunder.]		'''Explanation''':— "Abkari shop" means a toddy shop or a foreign liquor shop or a foreign liquor retail shop or an establishment having FL-9 licence or a bar hotel, under the Abkari Act, 1077 and the rules made thereunder.]
	81[(2), (3), (4)] [ XXX]		81[(2), (3), (4)] [ XXX]
	80. Substituted for the words "Village Panchayat " by Act 13 of 1999, w.e.f. 24-3-1999. ** Inserted by the Act 23 of 2013, dated 25-11-2012. 81. Sub-sections (2) to (4) and explanation omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections		80. Substituted for the words "Village Panchayat " by Act 13 of 1999, w.e.f. 24-3-1999. ** Inserted by the Act 23 of 2013, dated 25-11-2012. 81. Sub-sections (2) to (4) and explanation omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections
	and explanation read as under: "(2) Notwithstanding anything contained in the Abkari Act (1 of 1077) or in any other law for the time being in force no person shall without the previous permission in writing of a Village Panchayat and except in accordance with the conditions specified in the permission locate an abkari shop within a Village Panchayat area. (3) While granting permission to locate an abkari shop near educational institution or a place of religious worship, the distance limit prescribed under the Abkari Act for the time being in force or the rules made thereunder shall be complied with and the Village Panchayat shall not give permission to locate an abkari shop within the said distance limit.		and explanation read as under: "(2) Notwithstanding anything contained in the Abkari Act (1 of 1077) or in any other law for the time being in force no person shall without the previous permission in writing of a Village Panchayat and except in accordance with the conditions specified in the permission locate an abkari shop within a Village Panchayat area. (3) While granting permission to locate an abkari shop near educational institution or a place of religious worship, the distance limit prescribed under the Abkari Act for the time being in force or the rules made thereunder shall be complied with and the Village Panchayat shall not give permission to locate an abkari shop within the said distance limit.
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Sajithomas at 06:26, 24 January 2019

2019-01-24T06:26:14Z

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	::Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.		::Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.
	**[(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panchayat and otherwise than in accordance with the conditions specified in the permission, establish an Abkari shop within a Village Panchayat area;		**[(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panchayat and otherwise than in accordance with the conditions specified in the permission, establish an Abkari shop within a Village Panchayat area;
	(3) While granting permission to establish an Abkari shop near an educational institution or place of worship, the distance limit prescribed in the Abkari Act for the time being in force or the rules framed thereunder shall be complied with and the Village Panchayat shall not grant permission to establish an Abkari shop within the said distance limit.
	(4) A Village Panchayat shall be competent, in the interest of public peace or morality or on the grounds of convenience or nuisance, to order the shifting of an Abkari shop from the place where it is situated to another or its closing within a period not exceeding fifteen days, as may be directed in this behalf.		::(3) While granting permission to establish an Abkari shop near an educational institution or place of worship, the distance limit prescribed in the Abkari Act for the time being in force or the rules framed thereunder shall be complied with and the Village Panchayat shall not grant permission to establish an Abkari shop within the said distance limit.
	(5) Notwithstanding anything contained in this section, the provisions of sub-sections (2) to (4) shall not be applicable to any Abkari shop existing on 25th November, 2012, the date of commencement of the Kerala Panchayat Raj (Fourth Amendment) Ordinance, 2012 (63 of 2012) or, subject to all existing legal provisions, for re-establishing the toddy shops existing on the said date, in the area within the boundaries allotted for establishing them.Explanation:— "Abkari shop" means a toddy shop or a foreign liquor shop or a foreign
			::(4) A Village Panchayat shall be competent, in the interest of public peace or morality or on the grounds of convenience or nuisance, to order the shifting of an Abkari shop from the place where it is situated to another or its closing within a period not exceeding fifteen days, as may be directed in this behalf.
			::(5) Notwithstanding anything contained in this section, the provisions of sub-sections (2) to (4) shall not be applicable to any Abkari shop existing on 25th November, 2012, the date of commencement of the Kerala Panchayat Raj (Fourth Amendment) Ordinance, 2012 (63 of 2012) or, subject to all existing legal provisions, for re-establishing the toddy shops existing on the said date, in the area within the boundaries allotted for establishing them.Explanation:— "Abkari shop" means a toddy shop or a foreign liquor shop or a foreign
	liquor retail shop or an establishment having FL-9 licence or a bar hotel, under the Abkari Act, 1077 and the rules made thereunder.]		liquor retail shop or an establishment having FL-9 licence or a bar hotel, under the Abkari Act, 1077 and the rules made thereunder.]
	81[(2), (3), (4)] [ XXX]		81[(2), (3), (4)] [ XXX]
	80. Substituted for the words "Village Panchayat " by Act 13 of 1999, w.e.f. 24-3-1999. ** Inserted by the Act 23 of 2013, dated 25-11-2012. 81. Sub-sections (2) to (4) and explanation omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections		80. Substituted for the words "Village Panchayat " by Act 13 of 1999, w.e.f. 24-3-1999. ** Inserted by the Act 23 of 2013, dated 25-11-2012. 81. Sub-sections (2) to (4) and explanation omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections
	and explanation read as under: "(2) Notwithstanding anything contained in the Abkari Act (1 of 1077) or in any other law for the time being in force no person shall without the previous permission in writing of a Village Panchayat and except in accordance with the conditions specified in the permission locate an abkari shop within a Village Panchayat area. (3) While granting permission to locate an abkari shop near educational institution or a place of religious worship, the distance limit prescribed under the Abkari Act for the time being in force or the rules made thereunder shall be complied with and the Village Panchayat shall not give permission to locate an abkari shop within the said distance limit.		and explanation read as under: "(2) Notwithstanding anything contained in the Abkari Act (1 of 1077) or in any other law for the time being in force no person shall without the previous permission in writing of a Village Panchayat and except in accordance with the conditions specified in the permission locate an abkari shop within a Village Panchayat area. (3) While granting permission to locate an abkari shop near educational institution or a place of religious worship, the distance limit prescribed under the Abkari Act for the time being in force or the rules made thereunder shall be complied with and the Village Panchayat shall not give permission to locate an abkari shop within the said distance limit.

Sajithomas at 06:25, 24 January 2019

2019-01-24T06:25:01Z

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	{{center\|'''DANGEROUS AND OFFENSIVE TRADES AND FACTORIES'''}}		{{center\|'''DANGEROUS AND OFFENSIVE TRADES AND FACTORIES'''}}
	::'''232. Purpose for which places may not be used without a licence.-'''(1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:		::'''232. Purpose for which places may not be used without a licence.-'''(1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:
	Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.		::Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.
	**[(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panchayat and otherwise than in accordance with the conditions specified in the permission, establish an Abkari shop within a Village Panchayat area;		**[(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panchayat and otherwise than in accordance with the conditions specified in the permission, establish an Abkari shop within a Village Panchayat area;
	(3) While granting permission to establish an Abkari shop near an educational institution or place of worship, the distance limit prescribed in the Abkari Act for the time being in force or the rules framed thereunder shall be complied with and the Village Panchayat shall not grant permission to establish an Abkari shop within the said distance limit.		(3) While granting permission to establish an Abkari shop near an educational institution or place of worship, the distance limit prescribed in the Abkari Act for the time being in force or the rules framed thereunder shall be complied with and the Village Panchayat shall not grant permission to establish an Abkari shop within the said distance limit.

Sajithomas at 06:23, 24 January 2019

2019-01-24T06:23:57Z

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	{{center\|'''DANGEROUS AND OFFENSIVE TRADES AND FACTORIES'''}}		{{center\|'''DANGEROUS AND OFFENSIVE TRADES AND FACTORIES'''}}
	232. Purpose for which places may not be used without a licence.- (1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:		::'''232. Purpose for which places may not be used without a licence.-'''(1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:
	Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.		Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.
	**[(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panchayat and otherwise than in accordance with the conditions specified in the permission, establish an Abkari shop within a Village Panchayat area;		**[(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panchayat and otherwise than in accordance with the conditions specified in the permission, establish an Abkari shop within a Village Panchayat area;

Sajithomas at 06:22, 24 January 2019

2019-01-24T06:22:06Z

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	{{center\|''THE KERALA PANCHAYAT RAJ ACT,1994''.}}		{{center\|''THE KERALA PANCHAYAT RAJ ACT,1994''.}}
	307		307
	DANGEROUS AND OFFENSIVE TRADES AND FACTORIES		{{center\|'''DANGEROUS AND OFFENSIVE TRADES AND FACTORIES'''}}
	232. Purpose for which places may not be used without a licence.- (1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:		232. Purpose for which places may not be used without a licence.- (1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:
	Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.		Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.

Sajithomas at 06:20, 24 January 2019

2019-01-24T06:20:27Z

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	~~public markets maintained by the Panchayat and since by the present order the first respondent is interdicted from auctioning the right to vend meat in the places mentioned in Ext.P1 notice~~, the first respondent will take immediate steps for establishment of slaughter houses as provided under the Act and the Rules - John Mathew v. Vechoochira Grama Panchayat - 1999 (3) KLT 243 : 1999 (2) KLJ 610 : AIR 2000 Ker. 65.		Sec232
			{{center\|''THE KERALA PANCHAYAT RAJ ACT,1994''.}}
			307
	DANGEROUS AND OFFENSIVE TRADES AND FACTORIES		DANGEROUS AND OFFENSIVE TRADES AND FACTORIES
	232. Purpose for which places may not be used without a licence.- (1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:		232. Purpose for which places may not be used without a licence.- (1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:

Sajithomas: 'public markets maintained by the Panchayat and since by the present order the first respondent is interdicted from auction...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

2019-01-24T06:08:58Z

'public markets maintained by the Panchayat and since by the present order the first respondent is interdicted from auction...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

New page

public markets maintained by the Panchayat and since by the present order the first respondent is interdicted from auctioning the right to vend meat in the places mentioned in Ext.P1 notice, the first respondent will take immediate steps for establishment of slaughter houses as provided under the Act and the Rules - John Mathew v. Vechoochira Grama Panchayat - 1999 (3) KLT 243 : 1999 (2) KLJ 610 : AIR 2000 Ker. 65.
DANGEROUS AND OFFENSIVE TRADES AND FACTORIES
232. Purpose for which places may not be used without a licence.- (1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:
Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.
**[(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panchayat and otherwise than in accordance with the conditions specified in the permission, establish an Abkari shop within a Village Panchayat area;
(3) While granting permission to establish an Abkari shop near an educational institution or place of worship, the distance limit prescribed in the Abkari Act for the time being in force or the rules framed thereunder shall be complied with and the Village Panchayat shall not grant permission to establish an Abkari shop within the said distance limit.
(4) A Village Panchayat shall be competent, in the interest of public peace or morality or on the grounds of convenience or nuisance, to order the shifting of an Abkari shop from the place where it is situated to another or its closing within a period not exceeding fifteen days, as may be directed in this behalf.
(5) Notwithstanding anything contained in this section, the provisions of sub-sections (2) to (4) shall not be applicable to any Abkari shop existing on 25th November, 2012, the date of commencement of the Kerala Panchayat Raj (Fourth Amendment) Ordinance, 2012 (63 of 2012) or, subject to all existing legal provisions, for re-establishing the toddy shops existing on the said date, in the area within the boundaries allotted for establishing them.Explanation:— "Abkari shop" means a toddy shop or a foreign liquor shop or a foreign
liquor retail shop or an establishment having FL-9 licence or a bar hotel, under the Abkari Act, 1077 and the rules made thereunder.]
81[(2), (3), (4)] [ XXX]
80. Substituted for the words "Village Panchayat " by Act 13 of 1999, w.e.f. 24-3-1999. ** Inserted by the Act 23 of 2013, dated 25-11-2012. 81. Sub-sections (2) to (4) and explanation omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections
and explanation read as under: "(2) Notwithstanding anything contained in the Abkari Act (1 of 1077) or in any other law for the time being in force no person shall without the previous permission in writing of a Village Panchayat and except in accordance with the conditions specified in the permission locate an abkari shop within a Village Panchayat area. (3) While granting permission to locate an abkari shop near educational institution or a place of religious worship, the distance limit prescribed under the Abkari Act for the time being in force or the rules made thereunder shall be complied with and the Village Panchayat shall not give permission to locate an abkari shop within the said distance limit.