Panchayat:Repo18/Law Manual Page0317

to enact the law contained in these sections. - Executive Officer, Elavally Panchayat v. Rosa – 1969 KLT 387 : 1969 KLJ 713 : AIR 1970 Ker. 88: ILR 1969 (1) Ker. 642: 1969 KLR 639. (Overruled in 1980 KLT 568 SC). Ss.96 & 97 [corresponding to S.232 of the Panchayat Raj Act, 19941– Panchayats (Licensing of Dangerous and Offensive Trades and Factories) Rules, 1963; Sch.l, items 83 & 94 [corresponding to S.232 of the Panchayat Raj Act, 1994), Running of rice mill - Sections and Rules if valid as they are payment of prescribed fees - As the issue of licenses and grant of permissions is conditional upon payment of fees, the provisions relating to the issue of licences and grant of permissions also become invalid. - Executive Officer, Elavally Panchayat v. Rosa – 1969 KLT 387: 1969 KLJ 713 : AIR 1970 Ker. 88: ILR 1969 (1) Ker. 642: 1969 KLR 639. (Overruled in 1980 KLT 568 SC). ASs.96 & 106 [corresponding to S.232 of the Panchayat Raj Act, 1994] - Licensing of Dangerous and Offensive Trades and Factories Rules, 1963, R.3 & Sch.l. item 28 - Panchavat fixina fee for rettina coconut husks at Rs. 3 per cent based on extent of land - Sustainability. – Ayyapputty v. State of Kerala - 1968 KLT 46 : 1968 KLR 110. Levy of license fee for machinery used in a tea factory – Validity of the levy as tax or licence fee - Requirements for sustaining levy as a tax – It is well settled that in order to constitute a levy a fee, the same must confer special benefit on the persons on whom it is imposed. No such special benefit was either claimed or brought to the notice of the court in this case. The statutory provisions themselves which provided for the impost do not stipulate for any service by way of return. In that view it follows that the levy of the license fee in question is invalid and cannot be sustained. - Travancore Tea Estates Company Ltd. v. Executive Officer, Arudai Panchayat & Others - 1967 KLT 514 : 1967 KLJ 299 : ILR 1967 (2) Ker. 90 : 1967 KLR 579. Ss.96 & 131 [corresponding to S.232 of the Panchayat Raj Act, 1994] - Panchayats Licensing of Dangerous and Offensive Trades and Factories Rules, 1963, R.7 - 'Arishtams' and 'asavams' whether chemical preparations - Necessity of licence for storing them - 'Arishtams' and 'asavams' are chemical preparations and under the bye-laws the accused is bound to take out the licence. - Executive Authority, Punalur Panchayat v. Kumaran Vaidyan - 1967 KLT 846 : 1968 KLJ 168. Levy of licence fee for running gas engines and for storing furnace oil – Validity – The Services rendered in this case should normally be considered as statutory duties imposed on the panchayat which they are bound to discharge on the basis of the general revenue. An imposition of fee for carrying out the general purposes for which the Panchayat is constituted is unjustified. – Meppadi Co-op. Society v. Executive Officer – 1972 KLT 1065. Licensee whether occupier or owner - Occupation - Meaning of - Burden of proof - An occupier is one who is in occupation, and occupation often implies more than a mere licence. The ordinary meaning of the word 'occupation of land' is exercise of physical control over land. It is not possible to say that the inference drawn by the courts below that when a man is a licence of a tea-shop in his capacity as occupier he is in possession thereof is wrong. It cannot be denied that where transfer of possession can be accounted for either by transfer by the 1st respondent to the 2nd respondent or by a sub-lease by one to the other or by any other arrangement, it is preeminently a fact w and comparatively outside the ken of the landlord. - Abu v. Beebi - 1970 KLT 1096 : 1970 KLJ 343 : 1970 KLR 36 : ILR 1969 (2) Ker. 575. 233. Permission for the construction of factories and the installation of machinery.— 82[(1)] No person shall, without the permission of the Village Panchayat and except in accordance with the conditions specified in such permission, - (a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power or other mechanical power or electrical power; or me (b) install in any premises any machinery or manufacturing plant driven by any power as aforesaid, not being machinery or manufacturing plant exempted by the 83[provisions of this Act or the rules made thereunder]. 82. Original Section 233 renumbered as sub-section (1) of that section by ibid. 83. Substituted for the words "rules" by Act 13 of 1999, w.e.f. 24-3-1999. 13

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