Panchayat:Repo18/Law Manual Page0540

*THE KERALA PANCHAYAT RAJ (ISSUE OF LICENCE TO DANGEROUS AND OFFENSIVE TRADES AND FACTORIES) RULES, 1996

S.R.O. No. 76/96.- In exercise of the powers conferred by Sections 232, 233 and 234 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) read with Section 254 thereof, the Government of Kerala hereby make the following rules, namely: RULES 1. Short title and commencement.— (1) These rules may be called the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996. (2) They shall come into force at once. 2. Definitions.— In these rules, unless the context otherwise requires, (a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994); (b) 'President means the President of a Village Panchayat; (c) 'Secretary' means the Secretary of a Village Panchayat; (d) 'Section' means a section of the Act; (e) Words and expressions used but not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act. 3. Description of dangerous and offensive trades.— The Government may, for the purposes of Section 232, specify in the First Schedule appended to these rules, the matters which, in the opinion of Government, are likely to be offensive or dangerous to human life, health or property. 4. Publication of notification regarding dangerous and offensive trades.— The Village Panchayat may, by affixing notices in the notice board of the Offices of the Panchayat and in conspicuous places of every constituency in the Panchayat and by advertisement by way of pamphlets and loudspeakers, notify that no place in the Panchayat area shall be used for any purpose or purposes specified in Schedule I without the licence issued by the President and except in accordance with the conditions specified therein. If the licence is for running restaurants, eating houses, hotels, coffee houses, tea shops or for barber shops, the licence issued by the President shall always contain and shall be deemed to contain a condition that admission therein shall be available for every member of the public. NOTES 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 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