PUBLIC PROSECUTOR Vs. CHINNARI GOPALAM

JUDGEMENT

(1.) The respondent in this appeal was prosecuted under section 115 (1) of the Madras Village Panchayats Act, 1950, read with section 91 of that Act for failure to take out a licence for running a jute press in Parvatipuram Panchayat area. The Panchayat had notified in the District Gazette, dated 25th January, 1954, after obtaining the prior approval of the Regional Inspector of Local Boards, that a licence should be taken out for a jute press and a fee of Rs. 45 was prescribed therefor. In this case the respondent was admittedly running his jute press without obtaining the requisite licence.

(2.) Section 91 of the Act provides that the Panchayat with previous approval of the prescribed authority may notify that no place within the limits of the villages shall be used for any of the purpose specified in the rules made in this behalf being purposes 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 executives authority and except in accordance with the conditions specified in such licence.

(3.) Section 115 of the Act provides 'inter alia' that whoever contravenes any of the provisions of this Act in the first and second columns of Schedule I, shall be punishable with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule. Schedule I prescribes that using a place for any prescribed purposes without licence or contrary to licence as provided by section 91 of the Act, is punishable with Rs. 100.