Panchayat:Repo18/Law Manual Page0218

must have the right to challenge it. - Perumatty Grama Panchayat v. State of Kerala - 2004 (1) KLT 731. (1996 (1) KLT 419 - Relied on.]

Ss. 166, 236 & Sch.3-Fertilizer factory - Licence for setting up fertilizer factory - Powers of Village Panchayat - Panchayat deciding to issue licence subject to approval of District Medical Officer and Pollution Control Board – Respondent obtaining said approval – Permission for installation - Statutory appellate and revisional authority viz. Deputy Director and Government also passing orders affirming same - Such orders are justifiable on principles of promissory estoppel and legitimate expectation - Panchayat cannot take independent decision not to give licence in spite of statutory appellate and revisional orders. – K. T. Muhammed v. Kurumannil Melemannil Abdhulsalam Haji - AIR 1999 Ker. 8.

Even if the R.D.O. has given permission for conversion of paddy field, Panchayat has a right to object to the same – It is evident from S. 166(1) of the Act, it is the mandatory duty of every Village Panchayat to control unauthorised building constructions and land utilisation.. Therefore, the Revenue Divisional Officer has a duty to consult the Panchayat. Therefore, the mere fact that Revenue Divisional Officer has given permission does not mean that Panchayat has no legal right to object to the conversion of paddy field. - Manjapra Grama Panchayat v. State of Kerala - 1996 (2) KLT 719.

167. Transfer to Village Panchayats of functions, institutions or works.- (1) Subject to such rules, as may be prescribed by the Government, the District Panchayat or the Block Panchayat may transfer to the Village Panchayat the management and maintenance of any institution or the execution or maintenance of any work or the exercise of any power or the discharge of any duty within the Village Panchayat area whether provided in this Act or not.

(2) The Government may, in addition to the powers and functions herein before mentioned as exercisable, by the Village Panchayat authorise by general or special order, subject to such rules and conditions as may be prescribed, a Village Panchayat to exercise any power or discharge any functions such as collection of land revenue, maintenance of survey and village records collection of village statistics, supervision and control over Government primary schools, medical, public health, child welfare and maternity institutions as may be specified by the Government from time to time, and execution of community development work including improvement of agriculture, animal husbandry, communication and village industries, soil conservation, protection of environment, conservation of forest, wildlife protection, protection of orphans, protection of the aged, cultural activities and informal education.

(3) Subject to such rules as may be prescribed a person or body of persons may transfer to the Village Panchayat, with its consent and subject to such conditions as may be agreed upon, the management and maintenance of any institution, within the Panchayat area.

(4) It shall be lawful for the Government, the District Panchayat or the Block Panchayat to contribute to the Village Panchayat fund such amount as may in their opinion be necessary for meeting the expenditure in connection with the management and maintenance of any institution or the execution or maintenance of any work or the exercise of any power or the discharge of any duty which the Government, the District Panchayat or the Block Panchayat may, from time to time, make over to the Village Panchayat under sub-sections (1) and (2).

168. Maintenance of common dispensaries, child welfare centres, etc. Subject to the provisions of this Act and the rules made thereunder, a Village Panchayat or two or more Village Panchayats together may establish and maintain common