Panchayat:Repo18/Law Manual Page0306

306

'KERALA PANCHAYAT LAW MANUAL'

230A

79[230A. Slaughter houses to be maintained properly- Every public or licences slaughter house shall be maintained properly and waste materials therefrom shall be disposed of without causing nuisance to the public, where any violation of the conditions of agreement or licence leads to unhygienic condition of the slaughter house, the person concerned may on conviction, be punished with a penalty upto rupees five thousand and a further fine at the rate of rupees five hundred for each day on which the offence is continuing and in case such penalty is imposed continuously for ten days, action can be taken treating the licence as automatically cancelled.]

231. Slaughter of animals for sale as food and power of inspection.- (1) No person shall slaughter within the Village Panchayat area except in a public or licenced slaughter house any cattle, horse, sheep, goat or pig for sale as food or skin or cut up any carcass without or otherwise than in conformity with a licence from the Village Panchayat or dry or permit to be dried any skin in such manner as to cause a nuisance. It shall be ensured that the said slaughter house is kept clean:

Provided that the slaughtered meat kept ready for sale as food shall not be sold except after inspection by the prescribed officers.

Explanation.— Nuisance for the purpose of this section includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity or persons who may have occasion to use any public right or any animal kept in such a place or manner as to be prejudicial to health.

(2) No person shall exhibit or expose to public view, for sale or otherwise, the carcass of animal, bird or fish (whether dressed or not) in any licenced premises or in any other place in such a manner as to cause annoyance or offence to the sense of sight of the public.

(3) The President, Secretary or any officer authorised by the Government or by the Village Panchayat may without notice enter any place where meat or any other article of food is stored for sale and inspect such article.

NOTES

Panchayat Raj (Slaughter Houses and Meat Stalls) Rules, 1996 (Kerala) - R.38, 39, 40 - Private market-panchayat has no power to auction out the right for vending meat in a private market - Licensee of the private market is the competent person to grant licence but he has to get a licence under the Dangerous and Offensive Rules - See - Panchayat Raj Act, 1994 (Kerala) - S.22, S.224. - Salim v. Dy. Director of Panchayat - 2003 (3) KLT 516.

Panchayat Raj (Issuance of Licence And Control of Public And Private Markets) Rules, 1996 - R.4 - Petitioner is entitled to carry on the business in his own premises - He cannot be compelled to keep the premises in his possession productive - Such a restriction is illegal - Panchayat cannot insist that business should be done only in market complex - Panchayat Raj (Slaughter House and Meat Stalls) Rules, 1996 - R.38. – Beerankutty v. Sulthan Bathery Grama Panchayat – 2003 (3) KLT 256

S.231 – Panchayat Raj (Slaughter Houses and Meat Stalls) Rules, 1996 (Kerala), R.3 – There is a ban on slaughtering of animals in any place in the Panchayat except in a licensed slaughter house - Panchayat Raj Act, 1994, (Kerala), S.231 – Since the meat is a requirement of the people of the Panchayat at for their food and since it is an obligation on the part of the Panchayat to provide for meat stalls in the

79. Section 230 A inserted by Act of 1999, w.e.f. 24-3-1999.