Panchayat:Repo18/Law Manual Page0275

Explanation 3.— For the purpose of this section 'Public Place' means any place which is open to the use and enjoyment of the public whether it is actually used or enjoyed by the public or not.]5)

NOTES

Municipality's power to tax can be delegated in the manner Statute permits. Hence, when collection of tax was entrusted to an authorised contractor, in case of default, the contractor can sue for recovery of tax from the defaulter. – Tata Tele Services Ltd., Palarivattom v. K. Satghiyarajan - 2013 (2) KHC 498 : ILR 2013 (2) Ker. 790: 2013 (2) KLT 826 : 2013 (3) KLJ 74. The case law pertains to S. 271 Municipality Act, 1994. The identical provision applicable to the Kerala Panchayat Raj Act, 1994 is S. 209]. 58[209A. Prohibition of advertisement without written permission of the Secretary.- (1) No advertisement shall after taking a decision by the Village Panchayat on the levy of tax under Section 209, be erected exhibited, fixed or retained upon or over any land, building, wall, boarding or structure within the Village Panchayat area or shall be displayed in any manner whatsoever in any place in that Village Panchayat area without the written permission of the Secretary.

(2) The Secretary shall not grant such permission if.

(i) the advertisement contravenes any bye-law made by the Village Panchayat under Section 256; or

(ii) the tax, if any, due in respect of the advertisement has not been paid.

(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to advertisement tax, the Secretary shall grant permission for the period to which the payment of tax relates and no fee shall be charged in respect of such permission:

Provided that the provisions of this section shall not apply to any advertisement erected, exhibited, fixed or retained on the premises of a railway administration relating to the business of the railway administration.

NOTES

Hoarding would fall within definition clauses contained in the Kerala Panchayath Raj Act as well as in the Kerala Municipality Building Rules. Consequently, even for erecting hoarding in private property permission of the local authority is necessary. - Sugil v. Sadanandan – 2005 (4) KLT 220. [2005(1) KLT 121 Relied on; 2002 (2) KLT 625 Referred to].

209B. Owner or person in possession be deemed responsible.- Where any advertisement is erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of Section 209 or 209A or after the written permission for the erection, exhibition, fixation or retention thereof for any period has been expired or become void, the owner or occupier of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained, such advertisement in contravention unless he proves that such contravention has been committed by a person not in his employment or control or has been committed without his contrivance. 58. Sections 209A, 209B, 209C, 209D & 209E inserted by Act 13 of 1999, w.e.f. 24-3-1999.

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