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State of Tamilnadu - Section

Section 9 in Tamil Nadu Panchayats (Opening and Maintenance of Market) Rules, 2000

9. Powers of the executive authority.

(1)The executive authority or the commissioner, as the case may be, may expel any person who or whose servant has been convicted of any offence for having violated any of the provisions of these rules at the time in force from such market, and may prevent such person from further carrying on, by himself or his servants or agents, any trade or business in such market, or occupying any shop, stall or other place therein and may determine any lease or tenure which such person may possess in any such shop, stall or place.
(2)The executive authority or the commissioner, as the case may be, on the basis of the decision of the village panchayat or the panchayat union council, as the case may be, may issue a notice and requiring the owner or lessee of any private market to, -
(a)construct approaches, entrances, passages, gates, drains, cesspits, soap pits and garbage bins for such market and provide it with toe sets of such description and in such position and number as the village panchayat or the panchayat union council, as the case may be, think fit;
(b)roof and pave the whole or any portion of it, or pave any portion of the floor with such materials as will, in the opinion of the village panchayat or panchayat union council, as the case may be, secure imperviousness and ready cleaning;
(c)ventilate it properly and provide it with supply of water;
(d)provide passages of sufficient width between the stalls and make such alterations in the stalls, passages shops, doors or other parts of the market as the village panchayat or the panchayat union council, as the case may be, may direct;
(e)keep in a clean and proper state, remove all filth and refuse and dispose of them at such place and in such manner as the village panchayat or the panchayat union council, as the case may be, may direct; and
(f)make such other sanitary arrangements as the village panchayat or the panchayat union council, as the case may be, consider necessary.
(3)If any person, after receipt of such notice, fails within the period and in the manner laid down in the said notice to carry out any work specified in sub-rule (2), the village panchayat or the panchayat union council, as the case may be, may suspend the licence of the said person, until such works have been completed.
(4)It shall not be lawful for any person to keep open any private market during such period of suspension or until the licence is renewed.
(5)No owner, lessee, agent or manager in-charge of any private market, or of any shop, stall, shed or other place therein, shall keep the same so to cause any nuisance or fail to remove or alter anything which is or which may cause a nuisance to a place to be specified by the village panchayat or the panchayat union council, as the case may be.
(6)
(a)Whoever fails to comply with the terms of a notice under this rule or contravenes the provisions of any of the other rules specified in the second column of Schedule I shall be punishable with fine which may extend to the amount mentioned in that behalf in the third column of the said Schedule I.
(b)Whoever after having been convicted of any of the offences referred to in sub-clause (a) above continues to commit such offence shall be punishable, for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the third column of Schedule II.
(7)The executive authority or the commissioner, as the case may be, shall have power to order closure of any market during the prevalence of cholera or other epidemic diseases and such directions shall be complied with immediately.
(8)The executive authority or the commissioner, as the case may be, may after receipt of the written request of the licensee or lessee, prohibit the sales of articles on market day in any public place within the limits of the villages where the private market is located.
(9)No person shall or no licensee shall permit any person to conduct auction of any articles brought inside the market without obtaining a licence from the executive authority, or the commissioner, as the case may be, which may be granted subject to such terms and conditions and subject to payment of such fees as may be specified by the village panchayat or the panchayat union council, as the case may be, in this behalf.
(10)No compensation is payable to the licensee or to any person on account of any action taken or omitted to be taken by the executive authority of the village panchayat or the commissioner, as the case may be, or any of the inspecting or controlling authorities of the village panchayat either in pursuance of those rules or. the Act.