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State of Tamilnadu - Section

Section 8 in Tamil Nadu Panchayats (Opening and Maintenance of Market) Rules, 2000

8. Grant or refuse of licence.

(1)The executive authority or the commissioner, as the case may be, on receipt of an application in a complete shape in all respects after scrutinising the application shall inspect the site and after satisfying himself about its possibilities of not affecting any public market of the village panchayat or the panchayat union council, if any, functioning within a reasonable radius of 10 kilometre shall place the proposal before the village panchayat or the panchayat union council within ten days of its receipt, along with his remarks on the precaution, for a decision on the proposal. If the village panchayat or the panchayat union council does not agree the proposal, it may reject it, after giving the applicant a reasonable opportunity to make his representation. The executive authority or the Commissioner, as the case may be, shall communicate the decision of rejection of the proposal in writing to the applicant.
(2)Any person aggrieved by the decision may file an appeal to the Inspector within thirty days of the receipt of the communication from the executive authority or the commissioner, as the case may be, and the decision of the Inspector thereon shall be final.
(3)After receipt of the opinion of the Deputy Director of Public Health and Preventive Medicine or on the expiry of thirty days of sending the proposal to him, the executive authority or the commissioner, as the case may be, shall issue a notice in writing, asking him to carry out measures on the suggestion, or to fulfil the conditions prescribed, if any, by the Deputy Director of Public Health and Preventive Medicine.
(4)The executive authority or the commissioner, as the case may be, shall, within forty-five days, of receipt of application from the applicant, place the subjects before the village panchayat or the panchayat union council, as the case may be, for granting licence to the applicant for opening a private market and approval to the proposed rates of fees and rents to be collected by the applicant in such market premises.
(5)On the sanction by the village panchayat or the panchayat union council, as the case may be, for issuing the licence applied for, and approval of rate of fees with or without modifications and rents proposed by the applicant, the licence shall be granted in Form I by the executive authority or the commissioner, as the case may be, after requiring the applicant to carry out preliminary arrangements as contemplated in the conditions for such a licence.
(6)The executive authority or the commissioner, as the case may be, shall also arrange to publish a notification in the District Gazette, at the expenses of the licensee, showing the nature of market, the day of assembly in the case of weekly market, the details of location of the market site and the rates of fees leviable for various purposes.