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[Cites 0, Cited by 5] [Entire Act]

State of Tamilnadu - Section

Section 148 in Tamil Nadu Panchayats Act, 1994

148. Licensing of private markets.

(1)No person shall open a new private market or continue to keep open a private market unless he has obtained a licence from the Village Panchayat or Panchayat Union Council, as the case may be, to do so. Such licence shall be renewed every year.
(2)
(a)The Village Panchayat or Panchayat Union Council, as the case may be, shall grant the licence applied for subject to such conditions as it may think fit as to supervision and inspection, sanitation, weights and measures to be used, rents and fees to be charged and such other matters [as may be prescribed] [See Rules issued in G.O. Ms. No. 3, Rural Development (C4), dated 4th January 2001 and published in Part III, section 1 (a), of the Tamil Nadu Government Gazette Extraordinary, dated 5th January, 2001].
(b)The Village Panchayat or Panchayat Union Council, as the case may be, may modify the conditions of licence to take effect from a specified date.
(c)The Village Panchayat or Panchayat Union Council, as the case may be, may, at any time, suspend or cancel any licence granted under clause (a) for breach of the conditions thereof.
(d)Any person aggrieved by an order of the Village Panchayat or Panchayat Union Council under clauses (a), (b) or (c) may appeal against such order to the Inspector who may, if he thinks fit, suspend the execution of the order pending the disposal of the appeal.
(3)
(a)Any person claiming to levy in a private market lawfully established prior to the coming into force of the Madras Local Boards Act, 1884 (Madras Act V of 1884) fees of the nature specified in sub-section (2) of section 147, shall apply to the Inspector for a certificate recognizing his right in that behalf; and the Inspector shall pass orders on such application after giving due notice to the Village Panchayat or Panchayat Union Council, as the case may be, and considering any representations made by it.
(b)Any person aggrieved by an order of the Inspector refusing to grant a certificate under clause (a) may, within six months from the date of communication of such order, institute a suit to establish the right claimed by him, and subject to the result of such suit, the Inspector's order shall be final.
(4)When a licence granted under sub-section (2) does not permit the levy of any fee, it shall be granted free of charges; but when such permission is given, a fee not exceeding fifteen per cent of the gross income of the owner from the market in the preceding year shall be charged by the Village Panchayat or Panchayat Union Council, as the case may be, for such licence.
(5)The Village Panchayat or Panchayat Union Council, as the case may be, or any officer duly authorised by it may close a private market which is unlicensed or the licence for which has been suspended or cancelled, or which is held or kept open contrary to the provisions of this Act.