Panchayat:Repo18/Law Manual Page0307

Sec232

THE KERALA PANCHAYAT RAJ ACT,1994.

307

DANGEROUS AND OFFENSIVE TRADES AND FACTORIES
232. Purpose for which places may not be used without a licence.-(1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the 80[Secretary] and except in accordance with the conditions specified in such licence:
Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication.
    • [(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panchayat and otherwise than in accordance with the conditions specified in the permission, establish an Abkari shop within a Village Panchayat area;
(3) While granting permission to establish an Abkari shop near an educational institution or place of worship, the distance limit prescribed in the Abkari Act for the time being in force or the rules framed thereunder shall be complied with and the Village Panchayat shall not grant permission to establish an Abkari shop within the said distance limit.
(4) A Village Panchayat shall be competent, in the interest of public peace or morality or on the grounds of convenience or nuisance, to order the shifting of an Abkari shop from the place where it is situated to another or its closing within a period not exceeding fifteen days, as may be directed in this behalf.
(5) Notwithstanding anything contained in this section, the provisions of sub-sections (2) to (4) shall not be applicable to any Abkari shop existing on 25th November, 2012, the date of commencement of the Kerala Panchayat Raj (Fourth Amendment) Ordinance, 2012 (63 of 2012) or, subject to all existing legal provisions, for re-establishing the toddy shops existing on the said date, in the area within the boundaries allotted for establishing them.

Explanation:— "Abkari shop" means a toddy shop or a foreign liquor shop or a foreign liquor retail shop or an establishment having FL-9 licence or a bar hotel, under the Abkari Act, 1077 and the rules made thereunder.] 81[(2), (3), (4)] [ XXX]


80. Substituted for the words "Village Panchayat " by Act 13 of 1999, w.e.f. 24-3-1999.

    • Inserted by the Act 23 of 2013, dated 25-11-2012.
81. Sub-sections (2) to (4) and explanation omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections

and explanation read as under: "(2) Notwithstanding anything contained in the Abkari Act (1 of 1077) or in any other law for the time being in force no person shall without the previous permission in writing of a Village Panchayat and except in accordance with the conditions specified in the permission locate an abkari shop within a Village Panchayat area. (3) While granting permission to locate an abkari shop near educational institution or a place of religious worship, the distance limit prescribed under the Abkari Act for the time being in force or the rules made thereunder shall be complied with and the Village Panchayat shall not give permission to locate an abkari shop within the said distance limit.