Panchayat:Repo18/Law Manual Page0303

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(a) in any public or licenced private market without the permission of a Village Panchayat or licensee, as the case may be, or of any person authorised by the Village Panchayat; or (b) in any unlicensed private market. NOTES Private market - Panchayat has no power to auction out the right for vending meat in a private market - Licensee of the private market is the competent person to grant licence but he has to get a licence under the Dangerous and Offensive Rules. (0) The licensee of the private market is the competent person to grant licence for sale or exposure for sale of any animals or articles in or upon such market. But, a vendor has also to apply and get a licence under the D&O Rules. (ii) Licensee of a private market may levy fees in any private market for use of or right to expose goods for sale in such market, and levy fee for other facilities, admissible under S.223 of the Act. (iii) The Panchayat is authorised to insist for only one-third of the gross income of the owner from a private market, when permission is granted to him for levying licence fee. (iv) A Village Panchayat is authorised to levy fee only in respect of a public market in respect of right to expose goods for sale in such market. (v) Only public markets within the Panchayath Area are under the control and management of the Panchayath. Supervision at limited areas however could be made in respect of private markets. (vi) The Village Panchayath is authorised to parcel out any portion of a public market, and lease such parcels by auction or otherwise on levy of fee, as stipulated by S.221 of the Act. This right is not there for them in respect of a stall of private market. (vii) R.38 to 40 of the Slaughter Houses Rules have to be observed by a vendee, irrespective of whether or not the shop is in a public or private market. - Salim v. Dy. Director of Panchayat - 2003 (3) KLT 516. (1996 (1) KLT 362; Relied on] 225. Prohibition against sale in public roads.— The Village Panchayat shall by public notice prohibit the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof. 226. Prevention of persons suffering from contagious diseases from entering markets.— The Village Panchayats, in the case of public markets, and the licensee, in the case of private markets, shall prevent the entry therein or expel therefrom any person suffering from any contagious or infectious disease and may expel therefrom any person who is creating a disturbance therein. PUBLIC HALTING PLACES 227. Public landing places and cart-stands etc.- Subject to such rules as may be prescribed, the Village Panchayat may 04(a) provide public landing places, halting places and cart-stands (including stands for animals and vehicles of any description) and levy fees for their use; and (b) where any such place or stand has been provided, prohibit the use for the same purpose by any person, within such distance, thereof, any public place or the side of any public road as the panchayat may, subject to the control of the Regional Transport Authority, specify: to provided that the previous sanction of the Regional Transport Authority shall be obtained before any stand or halting place for motor vehicles is opened.

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