Panchayat:Repo18/Law Manual Page0647

THE KERALA PANCHAYAT RAJ (LICENSING OF PIGS AND DOGS) RULES, 1998

S.R.O.No. 465/98.- In exercise of the powers conferred under Clause (ii) of sub-section (2) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994), the Government of Kerala hereby make the following rules, namely:har 1755 MOTOR RULES RULES 1. Short title and commencement.-(1) These rules may be called the Kerala Panchayat Raj (Licensing of Pigs and Dogs) Rules, 1998. നയിക്കില്ലാത് (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): E ESTI (b) 'Secretary' means the Secretary of a Village Panchayat. 3. Control in rearing of dogs and pigs.-(1) A Village Panchayat may decide by resolution that no person shall, from the date as may be specified, rear or keep dogs or pigs in the Village Panchayat area without a licence of the Village Panchayat and not in accordance with the conditions of the licence. (2) The Secretary shall publish copy of the decision of the Village Panchayat under sub-rule (1) in the office of the Village Panchayat, notice boards of the Panchayats of that Village Panchayat area and in other public places and bring the decision of the Panchayat to the notice of the public by a pamphlet. Se (3) The decision of the Village Panchayat shall be intimated in the next meeting of the Gramasabhas. 4. Licence.- (1) If any Village Panchayat takes a decision under Rule 3, then, every person possessing or having control of any dog and or pig shall, before the date specified in the decision, submit an application to the Secretary showing the details such as the age, colour and breed of the animal together, with a fee of rupees ten for licence from the Village Panchayat to rear or keep in possession each such animal. Published in Kerala Gazette No. 45 dt. 13-11-2001. HOWEROSO CSS315 Pig farm cannot be run except after obtaining a licence as required by law. It is clear from a perusal of sub-section (3) of S.236 that if no orders are passed, the application shall be deemed to have been allowed for the period if any, for which it would have been ordinarily allowed and subject to the law, rules or byelaws and all conditions ordinarily imposed. It is clear that even assuming that it has been given, that cannot be even treated as an application in the proper form. If that be so, it is clear that the petitioner does not possess a licence as required in law for the rearing of pigs. In such circumstances, the Pig Farm cannot be run except after obtaining a licence as is required in law. - Thomas George v. Revenue Divisional Officer - 2005 (4) KLT 562.