Chapter XXI A

188[GENERAL AND MISCELLANEOUS] Licenses and Permissions

otherwise expressly provided in, or may be prescribed under this Act, every application for any licence or permission under this Act or any rule or byelaw made there under or for the renewal thereof, shall be made not less than thirty and not more than ninety days before the earliest date with effect from which, or the commencement of the period (being a year of such less period as is mentioned in the application) for which the licence or permission is required. (2)Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission fees may be charged on such units and at such rates as may be fixed by the Village Panchayat with due regard to the expenditure to be incurred for rendering service to the trade and for the regulation of the trade, for which the licence or permission is granted. (3)Save as aforesaid, if orders on an application for any such licence or permission are not communicated to the applicant within thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the Secretary 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 and bye-laws and all conditions ordinarily imposed. (4)The acceptance of the pre-payment of the fee for any such licence or permission shall not entitle the person making such pre-payment to the licence or permission but only to a refund of the fee in case of refusal of the licence or permission. (5)If an act for which any such licence or permission is necessary is done without such licence or permission or in a manner inconsistent with the terms of the licence or permission obtained, then - (a)The Secretary may, by notice require the person so doing such act to alter, remove or as far as practicable restore to its original state, the whole, or any part of any property, movable or immovable, public or private, affected thereby, within a time to be specified in the notice; and 188 189 [shall, so require if directed by the Village Panchayat;] (b)If no penalty has been specifically provided in this Act for so doing such act the person so doing it shall be punishable with fine not exceeding one thousand rupees and with such higher rate of fine in case of repetition of offence and after three offences much severer punishment

190[“may be awarded or prosecution proceeding may be initiated as the Panchayat may deem fit”] Substituted by Act 13 of 1999. Added by Act 13 of 1999. Substituted by Act 13 of 1999.

(6)Whenever any person is convicted of an offence in respect of the failure to obtain any such licence or permission, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the village panchayat the amount of the fee chargeable for the licence or permission, and may, in his discretion, also recover summarily and pay over to the village panchayat such amount, if any as he may fix as the costs of the prosecution. Explanation. - The recovery of the fee for a licence or permission under this sub-section shall not entitle the person convicted to the licence or permission. (7)Every order of the Secretary granting or refusing a licence or permission shall be published on the notice board of the village panchayat. 191[*

• • ** ] (8)Every order of the Secretary refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds. (9)Any licence or permission granted under this Act or any rule made under it may at any time be suspended or revoked by the Secretary, if any of its restrictions limitations or conditions is evaded or infringed by the grantee or if the grantee is convicted of a breach of the provisions of the Act or of any rules made under it in any matter to which

such licence or permission relates or if the grantee has obtained the same by

misrepresentation or fraud. (10)It shall be the duty of the Secretary to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law or rules, any condition of a licence or permission or any lawful direction or prohibition is contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub- section by the secretary or any person to whom he has lawfully delegated his powers or by any force necessary for effecting an entrance under this sub-section. (11)When any licence or permission is suspended or revoked or when the period for which it was granted, or within which application for renewal should be made, has expired, whichever expires later, the grantee shall for all purposes of this Act or any rule made under it be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled or, subject to sub- sections (3) and (4), until the licence or permission is renewed, as the case may be. (12)Every grantee of a licence or permission shall at all reasonable times, while such licence or permission remains in force, produce the same when required by the secretary. Omitted by Act 13 of 1999.

192[(13) Notwithstanding anything contained in the provisions of this section, no licence or permission under this Act shall be granted to any person who has defaulted payment of any tax, fees or other dues payable to the Village Panchayat.]

Nothing in this Act or in rule or bye-law made there under shall be construed as requiring any State Government or the Central Government to take out a licence in respect of any place in the possession or under the control of or any property belonging to such Government.

Precautions in case of dangerous trees and pruning of hedges and trees. - (1) (a) If any tree or any branch or portion of a tree or the fruits of any tree be deemed by the village panchayat to be likely to fall and thereby endanger any person or any structure or any cultivation, the Village Panchayat may by notice require the owner of the said tree to secure, lop or cut down the said tree or remove the fruits thereof so as to prevent any danger there from.

1. (b) If immediate action is necessary, the village panchayat shall itself before giving such notice or before the period of such notice expires secure, lop or cut down the said tree or remove the fruit thereof fence off a part of any street or take such other temporary measures as it thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the same manner as an arrear of public revenue due on land. 193[(c) If any tree or the branch thereof in the opinion of the village panchayat, causes pollution to the drinking water of a well or tank, the village panchayat may, by notice, require the owner of such tree to cut down and remove such tree or branch thereof.]

1. (2) The Secretary of a village panchayat may without notice. - (a)trim or prune any hedge bordering on a public street so that it may not exceed such height from the level of the adjoining roadways as may be provided for this purpose; or (b)cut and trim any hedge or tree overhanging the said trees and obstructing it or the view of traffic or causing damage to it; or (c)remove fallen trees on public roads and waterways which obstruct traffic.

(1) A Panchayat shall exercise all the powers conferred on, and perform all the functions entrusted to that Panchayat by or under this Act or any other law and shall also exercise such other powers and perform such other functions as may be conferred on or entrusted to it by the Government for carrying out the provisions of this Act. (2) A Panchayat shall have power to do all acts necessary for and incidental to, carrying out the functions entrusted or delegated to it. Inserted by Act 13 of 1999. Ibid. (3) Without prejudice to the generality of the foregoing power, a village panchayat shall have power, - (a)to require by notice, the owner or occupier of any land or building which is a nuisance to the neighbourhood on account of - ( i ) its insanitary conditions; or (ii)the collection of any drainage, filth or stagnant water thereon; or (iii)the existence of will or noxious vegetation thereon; or (iv)the presence of poisonous reptiles or other harmful animals or insect. (b)to take such action as it deems necessary to abate the nuisance within a reasonable period to be specified in such notice; (c)to prohibit the use of the water of any stream, well, pond or any other excavation believed to be dangerous to public health; and (d)to regulate or prohibit the watering of cattle or bathing or washing in any stream, well, pond or other excavation reserved for drinking water.

1. (2) A Panchayat shall have power to do all acts necessary for and incidental to, carrying out the functions entrusted or delegated to it. Inserted by Act 13 of 1999. Ibid.
2. (3) Without prejudice to the generality of the foregoing power, a village panchayat shall have power, - (a)to require by notice, the owner or occupier of any land or building which is a nuisance to the neighbourhood on account of - ( i ) its insanitary conditions; or (ii)the collection of any drainage, filth or stagnant water thereon; or (iii)the existence of will or noxious vegetation thereon; or (iv)the presence of poisonous reptiles or other harmful animals or insect. (b)to take such action as it deems necessary to abate the nuisance within a reasonable period to be specified in such notice; (c)to prohibit the use of the water of any stream, well, pond or any other excavation believed to be dangerous to public health; and (d)to regulate or prohibit the watering of cattle or bathing or washing in any stream, well, pond or other excavation reserved for drinking water.

Form the notices and permissions time for complying with notices, orders etc. and powers to enforce them. - (1) All notices and permissions given issued or granted as the case may be, under the provisions of this Act shall be in writing and be signed by the Secretary of the Panchayat concerned. (2)Whenever by any notice, requisition or order under this Act or under any rule or byelaw made thereunder, any person is required to execute any work, to take any measures or to do anything, a reasonable time shall be fixed in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done. (3)If such notice, requisition or order is not complied within the time so fixed - (a)the Secretary, may, with the approval of the Panchayat concerned, cause such work to be executed, or may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order; and the cost incurred by the panchayat in this connection may be recovered from the owner or occupier of the premises in the same manner as if the same were taxes due to the Panchayat; and (b)if no penalty has been specifically provided in this Act fob failure to comply with such notice, requisition or order, the said person shall be punishable with fine not exceeding five hundred rupees for every such offence. Powers of entry and inspection

(1) Subject to such restrictions and conditions as may be prescribed, the Secretary of a Panchayat or any person authorised by him or by the Panchayat may enter on or into any place, building or land, with or without assistants or workmen in order - (a)to make any inquiry, inspection, test examination, survey, measurement or valuation or to execute any other works which is authorised by the provisions of this Act or of any rule or bye- law or order made under it or which it is necessary to make or execute for any of the purposes of this Act or in pursuance of any of the said provisions; or (b)to satisfy himself that nothing is being done in such place, building or land for which a licence or permission is required under any of the said provisions without such licence or permission or otherwise than in conformity with the terms of the licence or permission obtained. Provided that - (1)no such entry into a building shall be made between sunset and sunrise. (ii)no dwelling house or place shall be so entered except with the consent of the occupier thereof or without giving the occupier at least twenty-four hours notice of the intention to make such entry; (iii)reasonable opportunity and facility shall be allowed to the women occupying any part of a dwelling house to withdraw; and (iv)due regard shall, so far as feasible, be paid to the social and religious customs and usages of the occupants of the premises entered into. (2)It shall be lawful for any officer authorised by the Secretary or by the Panchayat to open or cause to be opened any door, gate or other barrier to made any entry into any place - (a)if he considers the opening thereof necessary for the purpose of such entry; and (b)if the owner or occupier is absent or, being present, refuse to open such door, gate or barrier. (3)Before making any entry into any such place or opening of causing to be opened any such door, gate or other barrier under sub-section (2), the person authorised in this behalf shall call upon two or more persons of the locality in which the place to be entered into is situated to witness the entry or opening and may issue an order in writing to them or any of them so to do.

the Panchayat may enter on or into any place, building or land, with or without assistants or workmen in order - (a)to make any inquiry, inspection, test examination, survey, measurement or valuation or to execute any other works which is authorised by the provisions of this Act or of any rule or bye- law or order made under it or which it is necessary to make or execute for any of the purposes of this Act or in pursuance of any of the said provisions; or (b)to satisfy himself that nothing is being done in such place, building or land for which a licence or permission is required under any of the said provisions without such licence or permission or otherwise than in conformity with the terms of the licence or permission obtained. Provided that - (1)no such entry into a building shall be made between sunset and sunrise. (ii)no dwelling house or place shall be so entered except with the consent of the occupier thereof or without giving the occupier at least twenty-four hours notice of the intention to make such entry; (iii)reasonable opportunity and facility shall be allowed to the women occupying any part of a dwelling house to withdraw; and (iv)due regard shall, so far as feasible, be paid to the social and religious customs and usages of the occupants of the premises entered into. (2)It shall be lawful for any officer authorised by the Secretary or by the Panchayat to open or cause to be opened any door, gate or other barrier to made any entry into any place - (a)if he considers the opening thereof necessary for the purpose of such entry; and (b)if the owner or occupier is absent or, being present, refuse to open such door, gate or barrier. (3)Before making any entry into any such place or opening of causing to be opened any such door, gate or other barrier under sub-section (2), the person authorised in this behalf shall call upon two or more persons of the locality in which the place to be entered into is situated to witness the entry or opening and may issue an order in writing to them or any of them so to do.

Panchayat may, with the approval of the Panchayat by an order in writing require the village officer of any revenue village in the Panchayat area to furnish him with the information on any matter falling within such categories as may be prescribed in respect of such village or any part thereof or any person or property therein and every such order shall be complied with by the village officer.

1. (2) The order shall specify the period within which it may be complied with, and it shall be complied within the time specified and if not, the Secretary shall not extend such time limit more than once. Limitation

(1) No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any tax or other sum due to a Panchayat under this Act or any rule or bye-law, or order made under it after the expiration of a period of three years from the date on which the distraint might first have been made, a suit might first have been instituted or the prosecution might first have been commenced, as the case may be, in respect or such tax or sum: 194[Provided that in the case of assessment under sub-section (2) the above said period of three years shall be computed from the date on which destraint, suit or prosecution might first have been made, instituted or commenced, as the case may be, after making such assessment. (2)Notwithstanding anything contrary to this contained in this Act or the rules made there under, where for any reason, a person liable to pay any tax or fees leviable under this Act has escaped assessment, the Secretary may at any time within four years from the date on which such tax should have been assessed, serve on him a notice assessing the tax or fee due and demand the payment within fifteen days from the date of serving such notice and thereupon the provisions of this Act and the rules made there under shall apply as if the assessment of such tax or fee was made in time. (3)Where any tax or other amount due to a panchayat has been barred by limitation under sub-section (1), due to the default of taking steps at the appropriate time and it is found in a lawful enquiry that it was lost due to the default of any officer or offices, the amount so lost to the panchayat shall be realised with twelve percent interest thereon from such officer or officers.]

194[Provided that in the case of assessment under sub-section (2) the above said period of three years shall be computed from the date on which destraint, suit or prosecution might first have been made, instituted or commenced, as the case may be, after making such assessment. (2)Notwithstanding anything contrary to this contained in this Act or the rules made there under, where for any reason, a person liable to pay any tax or fees leviable under this Act has escaped assessment, the Secretary may at any time within four years from the date on which such tax should have been assessed, serve on him a notice assessing the tax or fee due and demand the payment within fifteen days from the date of serving such notice and thereupon the provisions of this Act and the rules made there under shall apply as if the assessment of such tax or fee was made in time. (3)Where any tax or other amount due to a panchayat has been barred by limitation under sub-section (1), due to the default of taking steps at the appropriate time and it is found in a lawful enquiry that it was lost due to the default of any officer or offices, the amount so lost to the panchayat shall be realised with twelve percent interest thereon from such officer or officers.]

Subject to such restrictions and control as may be prescribed, a Panchayat may write of any amount whatsoever due to it whether under a contract or otherwise, or any sum payable in connection therewith, if in its opinion such amount or sum is irrecoverable: Provided that where the Government are responsible for the collection of any amount due to the Panchayat, the power to write off such amount payable in connection therewith on the ground of its being irrecoverable shall be exercised by or only with the sanction of the Government.

Persons empowered to prosecute. - (1) Save as otherwise expressly provided in this Act, no person shall be tried for an offence against this Act or any rule or bye-law made thereunder unless complaint is made within one year of the commission of the offence by Added by Act 13 of 1999.

the police, the Secretary or a person expressly authorised by the Panchayat in this behalf, but nothing herein shall affect the provisions of the Code of Criminal Procedure, 1973. (Central Act 2 of 1974) in regard to the power of certain Magistrate to take cognizance of offences upon information received or upon their own knowledge of suspicion: Provided that failure to take out a licence or obtain permission under this Act shall, for the purpose of this section, be deemed to be a continuing offence until the expiration of the period, if any, for which the licence or permission is required.

1. (2) Every person other than the Secretary making a complaint shall immediately report the fact to the Secretary.

The Secretary of a panchayat may, subject to such restrictions and control as may be prescribed, compound any offence against this Act, or any rule or bye-law made thereunder, which may by rules be declared compoundable with the approval of the President.

Prosecution instituted or offence compounded by the Secretary shall be reported by him to the Panchayat at its next meeting and its approval secured.

Standing Committee, members and Secretary of a Panchayat. - When the President, VicePresident, Chairman of a Standing Committee or any member of a Panchayat, or the Secretary or other employee of the Panchayat who is not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of Government.

No suit or other civil proceedings against a Panchayat or against the President, the VicePresident or any other member, or employee thereof or against any other person acting under the direction of the Panchayat or any member or employee thereof for anything done or purporting to be done under this Act in its or his official capacity, - (a)shall be instituted until the expiration of one month after notice in writing, stating the cause of action, the name and place of abode of the intending plaintiff and the nature of the relief which he claims, has been, in the case of a Panchayat delivered or left at the office of the Panchayat and in the case of a member, employee or person as aforesaid delivered to him or left at his office or at his usual place of abode and the plaint shall in each such case contain a statement that such notice has been so delivered or left; or (b)shall be instituted unless it is a suit for the recovery of immovable property or for the declaration of title thereto, otherwise than within six months next after the accrual of the alleged cause of action.

1. (2) The notice referred to in sub-section (1), when it is intended for a Panchayat shall be addressed to the Secretary.
2. (3) If any panchayat or person to whom notice is given under sub-section (1) tenders to plaintiff before the proceeding is commenced and if the plaintiff does not in such proceedings require more than the amounts so tendered he shall no recover any costs incurred by him after such tender: and the plaintiff shall also pay all cost incurred by the panchayat after such tender.

1. (1) No suit prosecution or other legal proceedings shall lie against the president, vice-president, any member, secretary, any officer or employee of a panchayat for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rule or bye-law made thereunder.

(1) No assessment or demand made, and no charge imposed, under the authority of this act shall be impeached or affected by reason of any clerical error or by reason of any mistake, - (a)in respect of the name, residence, place of business or occupation of any person; or (b)in the description of any property or thing; or (c)in respect of the amount assessed, demanded or charged: Provided that the provisions of this Act have in substance and effect been complied with: Provided further that no proceedings under this Act shall, merely or any defect in form, be quashed or set aside by any court of law. (2)No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment or collection of money, made under the said authority if the provisions of this Act have in subsistence and effect been complied with. (3)No distraint or sale, under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, defect or want of form in the bill, notice, schedule, form or summons, notice of demand, warrant of distraint, inventory, or other proceeding relating thereto, if the provisions of this Act and of the rules and bye-laws made there under have in substance and effect been complied with.

(a)to communicate without delay to the President and Secretary any information which he receives of the design to commit or of the commission of any offence under this Act or any rule or bye-law made thereunder; and (b)to assist the President or the Secretary or any officer of the Panchayat demanding in writing his aid for the lawful exercise of any power vesting in the President, the Secretary or in such officer or employee of the Panchayat under this Act or any 195 196 Substituted by Act 13 of 1999. I bid.

rule or bye-law made thereunder, or for the performance of any function entrusted to any of them. (2)Any police officer who omits or refuses to perform any duty imposed on him by this Act shall be deemed to have committed an offence under section 41 of the Kerala Police

] Omitted by Act 13 of 1999.