article 70
Provisions applicable to permissions and licences under sections 66, 67, 68 and 69.
The Karnataka Gram Swaraj and Panchayat Raj Act, 1993Chapter IV FUNCTIONS, DUTIES AND POWERS OF GRAMA PANCHAYAT ADHYAKSHA AND UPADHYAKSHA
70. Provisions applicable to permissions and licences under sections 66, 67, 68 and 69. - (1) A permission shall be granted under section 66 and a licence under sections 78 67,68 and 69 shall be granted or renewed, only on payment in advance of such fee as may be prescribed. (2) The Grama Panchayat may, for reasons to be recorded in writing refuse to grant the permission under section 66 or t o grant or renew a licence, or suspend or cancel a licence granted or renewed , under sections 67, 68, and 69 for default of any of the conditions subject to which the licence was granted. 1[(2A) save as otherwise provided in this Act, every application for a license or permission under this Act or rule, bye-law or regulations made thereund er, or for the renewal thereof, shall be made not less than thirty days and not more than nin ety days before the earliest date with effect from which, or the comm encement of the p eriod (being a year or such less period as is mention ed in the application) for which the li cense or permission is required. (2B) for every license or permission, fees may be charged on such units and at such rates not exceeding the maximum presc ribed as may be fixed by the Gram Panchayat . Provided that for every license for hoardings, the fees may be charged at such rates as s p e c i f i e d in schedule IV (2C) if orders on an application under sub -section 2A are not communi cated to the applicant within sixty days the application sh all be deemed to have been sanctioned subject to such conditions ordinarily imposed for the period, if any, for which it would have been ordinarily sanctioned. Provided that in times of election or otherwise the application c annot be processed the orders on an application shall be communicated within a period of ninety days. (2D) when an order of deemed sanction under sub -section 2C has been issued and the concerned Adhyaksha and the panchayat development officer is responsi ble for issue of such order, it shall be considered as a misconduct and the Adhyaksha shall be proceeded under section 48 and the Panchayat Development Officer shall be proceeded under the relevant service law, applicable to him. (2E) the acceptance of the pre-payment of the fee for any such license or permission shall not entitle the person making such prepayment to the license or permission, but only to a refund of the fee in case of refusal of the license or permission. (2F) if an act, for which any such license or permission is necessary is done without such license or permission, or in a manner inconsist ent with the conditions of the license or permission obt ained, the licensing authority of the Gram Panchayat may by notice require the person to alter, remove, or as far as practicable restore to its original state, the whole or any part of any property, movable or immov able, public or private affected thereby within a time specified in the notice]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. (3) Any person aggrieved by the refusal to grant permission under section 66 or to grant or renew licence, or by the suspension or cancellation of a licence under sub -section (2) may, within thirty days of the date of the communication of the order, appeal t o the 1[Executive officer]1 and his decision on such appeal shall be final. (4) Any appeal under sub -section (3) pending before the General Standing Committee of the Zilla Parishad shall on the date of c ommencement of the Karnataka Panchayat Raj Act, 1993 stands transferred to the Assistant Commissioner and such appeal shall be decided by him as if it had been filed before him. 79
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