EXECUTIVE OFFICER ELAVALLY PANCHAYAT Vs. ROSA

JUDGEMENT

(1.) These three cases are the sequence of a criminal complaint which the Executive Officer of Elavally Panchayat, (hereinafter referred to as the appellant) instituted as C. C. No. 248 of 1967 in the Sub Magistrate's Court, Chowghat against one Smt. Rosa (hereinafter referred to as the respondent).

(2.) The respondent is the owner of a rice mill. The rice milling industry is regulated by the Rice Milling Industry (Regulation) Act, 1958. She got a permit under S.5 and a license under S.6 of the Rice Milling Industry (Regulation) Act for the establishment of a rice mill within the Elavally Panchayat; and accordingly she established a rice mill. S.96 of the Kerala Panchayats Act, 1960 provides that the Panchayat may with the previous approval of the Director 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 for which in the opinion of the Government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the executive authority and except in accordance with the conditions specified in such license. S.97 of this Act provides, among other things, that no person shall, without the permission of the Panchayat and except in accordance with the conditions specified in such permission, install in any premises any machinery, not being a machinery exempted by rules. S.98 empowers the Government to make rules in respect of matters mentioned in S.96 and 97. S.129 of the Act contains the general rule making power. In exercise of the powers conferred by the aforesaid sections of the Panchayats Act, the Government made the Kerala Panchayats (Licensing of Dangerous and Offensive Trades and Factories) R.1963, (hereinafter referred to as the Rules.). The rules provide for the issue of licenses under S.96 and the issue of permits under S.97. Schedule I to the Rules specifies the purposes which in the opinion of the Government are likely to be offensive or dangerous to human life or health or property.

(3.) The Elavally Panchayat has notified under S.96 of the Kerala Panchayats Act that no place within its limit shall be used for any of the above purposes without a license from the executive authority. Item 83 in Schedule I to the Rules is "Machinery Used for industrial purposes..."; and item 94 is "paddy Boiling or husking by machinery (for other than domestic use)". Rice mills fall under both the above items. So, under the Panchayats Act and the Rules a person has to take a license and also obtain a permit for establishing a rice mill within the limits of the Elavally Panchayat. The respondent did not obtain from the appellant any license for use of the mill premises. She applied for permission, to which she did not get a reply; and she started the mill without either the license or the permission. S.109(3) of the Panchayats Act provides that, if orders on an application for a license or permission are not communicated to the applicant within 30 days or such longer period as may be prescribed in any class of cases, after the receipt of the application by the executive authority, the application shall be deemed to have been allowed. S.132 of this Act provides, among other things, that whoever contravenes any of the provisions of the Act mentioned in Schedule III thereto shall be punishable with fine which may extend to the amount mentioned therein. S.96 and 97 are included in the above Schedule.