• Can the Village panchayat seal/shut an illegal shop under Panchayat Raj Act?

Can the Panchayat seal an illegally operating shop or business establishments in the village being run without Panchayat license? If yes under what section of the Panchayat Raj act is it mentioned? What is the procedure to be followed to seal a shop or any other establishment? Does the Panchayat have to seek any other government department support or staff to seal or can the Sarpanch /Secretary use Panchayat staff and seal the shop.
Asked 5 years ago in Civil Law

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12 Answers

Section 71 Goa Panchayat Raj Act states that no shop in panchyat can be operated without valid license from panchyat.

71. Licensing of shops.— No place within the jurisdiction of a Panchayat shall be

used as a shop whether permanently or temporarily, except under a licence granted or

renewed by the Panchayat and except in accordance with the conditions specified therein.

It shall be punished in accordance to

228. Punishment for offences under this Act and powers to compound.—

(1) Whoever,—

(a) rents, alters, adds to or reconstructs a building without the written permission

required by section 66 or in contravention of any of the conditions imposed by it;

(b) uses any place without a licence required by sections 68, 69, 70 and 71 or in

contravention of any of the conditions or during the suspension of the licence; or

(c) contravenes any other provision of this Act, shall on conviction, be punished

with fine which may extend to five hundred rupees, and in the case of a continuing

offence with a fine which may extend to five rupees for every day after the first

conviction during which the offence continues.

(2) Upon a conviction under clause (b) of sub-section (1) in respect of any place, the

Magistrate shall, on the application of the Panchayat, or Zilla Panchayat as the case may

be, but not otherwise, order such place to be closed, and thereupon appoint such persons

or take such other steps to prevent such place being so used; and every person who so

uses or permits the use of a place after it has been ordered to be closed, shall be punished

with fine which may extend to five rupees for each day during which he continues to use

or permits such use of the place after it has been so ordered to be closed.

The order from.magistrate is needed to close down such place under the Act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No the act under section 228 makes it clear that

The panchyat has to file an application before Magistrate and take an.order for closing such shops on order of magistrate such shop can be closed/sealed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

under section 64 of village panchayat act Sarpanch can stop any illegal construction carried out and place the matter before next meeting of panchayat for decision . he can remove encroachment on public property

2) under section 66 no building can be constructed without written permission of panchayat

3) if construction is done without permission panchayat can issue written notice to demolish un authorised construction

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

sarpanch can stop the illegal construction under provisions of panchayat act

62. General powers of the Panchayat.— Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned or delegated to it and in particular and without prejudice to the foregoing powers to exercise all powers specified under this Act.

64. Powers and duties of the Sarpanch and Deputy Sarpanch.— (1) The Sarpanch of the Panchayat shall, in addition to the power exercisable under any other provision of this Act or rules made thereunder,—

(j) stop any unauthorized construction erected in the Panchayat area notwithstanding anything contained in sub-section (3) of section 66 of this Act and place the matter immediately before the ensuing meeting of the Panchayat for taking suitable decision;

(k) remove encroachment and obstruction upon public property, street, drains and open sites not being private property;

(l) ensure due compliance of the provisions of the Act; and

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

1) Yes ! In Panchayat raj act it can be sealed or established under below sections 68 to 72 as per

The Goa Panchayat Raj Act, 1994 and Rules

68. Permission for the construction of factories and the installation of machinery.— 44[(1)] No person shall, without the permission of the Panchayat and except in accordance with the condition specified in such permission,—

(a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power; or other mechanical power or electrical power; or

(b) install in any premises, any machinery or manufacturing plant driven by any power as aforesaid, not being machinery or manufacturing plant exempted by rules made by the Government under this Act. 45[(2) The provisions of sub-sections (2), (3), (4), (5), (6) and Explanation to section 66 of the Act shall apply mutatis mutandis, to this section.]

69. Prohibition of offensive or dangerous trades without licence.— No place within the jurisdiction of Panchayat shall be used for the purpose of any trade, business or industry which the Government may, by notification declare to be offensive or dangerous, except under a licence granted or renewed by the Panchayat and subject to such conditions as may be imposed in the licence.

70. Control of hotels etc.— No place within the jurisdiction of a Panchayat shall be used as a hotel, restaurant, eating house, coffee house, sweetmeat shop, bakery, boarding house or lodging house (other than a hostel recognized by the Government), or a dharmashala or for manufacturing ice or aerated water except under a licence granted or renewed by the Panchayat and except in accordance with condition specified therein.

71. Licensing of shops.— No place within the jurisdiction of a Panchayat shall be used as a shop whether permanently or temporarily, except under a licence granted or renewed by the Panchayat and except in accordance with the conditions specified therein.

72. Provisions applicable to permission and licences.—

(1) A permission shall be granted under section 68 and the licence under sections 69, 70 and 71 shall be granted or renewed, only on payment in advance of such fee as may be prescribed.

(2) The Panchayat may, for reasons to be recorded in writing refuse to grant the permission under section 68 or to grant or renew a licence or suspend or cancel a licence granted or renewed, under sections 69, 70 and 71 for default of any of the conditions subject to which the licence was granted.

(3) Any person aggrieved by the refusal to grant permission under section 68 or to grant or renew licence, or by the suspension or cancellation of a licence under sub-section (2) may, within thirty days of the date of communication of the order, appeal to the 46[Director] and his decision on such appeal shall be final.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

Before the Panchayat can physically intervene, a "show cause notice" should be send to you, with sufficient time given to you to reply.

You can file a Writ Petition before the high Court.

PKX Kuncheria
Advocate, Cochin
27 Answers
2 Consultations

4.0 on 5.0

69 Prohibition of offensive or dangerous trades without licence.— No place within

the jurisdiction of Panchayat shall be used for the purpose of any trade, business or

industry which the Government may, by notification declare to be offensive or

dangerous, except under a licence granted or renewed by the Panchayat and subject to

such conditions as may be imposed in the licence. The act is not clear about shutting the illegal premises. It can take assurance of local police if required. If the sarpanch does it in official capacity then he can. If not then no.

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

Dear Sir,

The Panchayath comes under Rural Development Ministry. Panchayath authorities having vast powers under Panchayath Raj Act. There is also provision for challenging such illegal orders of closure of shops or sealing of shops, before competent appellant authorities. You may please go through the following link and relevant provision of Law.

47. Executive powers and functions of the Secretary.— Not withstanding anything contained in this Act and the rules framed thereunder, the Secretary shall also exercise the powers on the following matters, namely:— (i) to issue the licences for construction, repairs, modification, alteration, so also occupancy certificate in pursuance of the resolution of the Panchayat; 17 Inserted by the Amendment Act 1 of 1997. 18 Substituted by the Amnedment Act 1 of 1997. Manual of Goa Laws (Vol. III) –536– Panchayat Raj Act & Rules (ii) to initiate action for stopping and or demolishing an unauthorized structure/ /building constructed without the permission of the Panchayat after resolution is passed to that effect; (iii) to execute the resolution passed by the Panchayat body.”.] 19[47-A. Executive powers of the Sarpanch.— Notwithstanding anything contained in this Act and the rules framed thereunder, the Sarpanch shall exercise the powers on the following matters, namely:— (i) to implement the programme of welfare schemes and other developmental works; (ii) to execute and implement the resolution passed by the Panchayat on the matters not specified in section 47.] 20[47-B. Execution of order by the Secretary.— Notwithstanding anything contained in section 47, the Secretary shall execute the order passed by any Authority in any appeal or petition made before such Authority under the provisions of this Act or Rules framed thereunder, if the Panchayat fails to execute the same within the time limit as specified in such order and in case no time limit has been specified, within one month of passing of such order.]

http://panchayatsgoa.gov.in/Panchayat_Raj_Act_and_Rules.pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

Sub section xxii of section 15 of the Panchayti Raj Act provides post to gram Panchayat to regulate Mela and fare.

The Panchayat may seal and shut any illegal shop in its jurisdiction.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

You have asked the question in common applicable to all India level.

There are various provisions in THE TAMIL NADU PANCHAYATS ACT, 1994 (Tamil Nadu Act 21 of 1994) from section 130 onward till section 139.

The panchayat being a local civic body, is empowered to certain powers restricted to the limits of the panchayat.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

So Panchayat on its own cannot seal a shop or establishment as per Panchayat raj act? Yes or No

Also how does one get an order from Magistrate or District collector with regards towards sealing such illegal shops operating without license

If the licence is not granted by the panchayat, it may recommend to the higher authority in this regard who will initiate necessary action as per law on the illegal shops.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

Hi,

The village panchayat can't do so and they have to seek help of law enforcement agency i.e. court and police. Against that action of panchayat, you may complaint to police and other agnencies.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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