Panchayat:Repo18/Law Manual Page0587

NOTES

Petitioner is entitled to carry on the business in his own premises - He cannot be compelled to keep the premises in his possession productive — Such a restriction is illegal — Panchayat cannot insist that business should be done only in market complex — Panchayat Raj (Slaughter House and Meat Stalls) Rules, 1996 - R.38. — Beerankutty v. Sulthan Bathery Grama Panchayat - 2003 (3) KLT 256.

The Panchayat has to clarify whether it is authorised to levy toll in respect of every basket of fish when such levy is not referred to in the Rules. Simply for generating funds, the tolls are not to be hiked and definitely of not authorised by the statute. Any changes that might follow in this levy of toll consequent to such deliberations and decisions, will be permissible to be implemented and binding on the parties after appropriate adjustments.- Kassim Rawther v. Nedumkunnam Grama Panchcyat — 2002 (3) KLT 419.

5. Leasing out of any portion of public market.-

(1) The Panchayat may, subject to the subsisting Kuthakapattam or other rights, parcel out any portion of a public market and lease such portion or portions and stalls, by auction or otherwise, subject to the following conditions, namely:

(a) the lease of any portion, or site shall, ordinarily be made by auction, to the highest bidder;

(b) the lease shall be made for a period not exceeding one year at a time;

(c) the Secretary shall issue a permit, signed by him, in Form No. 1 and the lessee shall obey the conditions thereof.

(2) No article or thing, not included in the permit, shall be sold or exposed for sale in the site or stall taken on lease or any space appurtenant thereto.

(3) No stall or space shall be assigned, sublet or otherwise parted with by the occupier without the written permission of the President.

(4) The occupier of a stall or space shall keep the same clean and tidy and shall not deposit any garbage or refuse or waste material so as to cause inconvenience or annoyance to the public or other dealers.

6. Power to cancel permit.—

The Secretary may, with the approval of the Panchayat, cancel a permit if the lessee violates the conditions of the permit, these rules or bye-laws of the Panchayat.

7. Setting apart of space for casual vendors and public.

The space excluding that allotted under Rule 5 and that, if any, set apart for cart stand, shall be released for use by casual vendors and public.

*[8 Levy of fees in Public Markets.—

The fees that may be collected in public markets under clauses (a) to (d) of sub-section (2) of Section 22 shall be not less than the rates mentioned