Bare ActsThe Goa Panchayat Raj Act, 1994

Section 72

Provisions applicable to permission and licences

Amendment status not verified — confirm the current text below against the official source.

Provisions applicable to permission and licences.— 78[(1) A permission under section 68 or the licence under section 69, 70 or 71, shall be granted or renewed only after an application for the purpose is made and on payment in advance of such fee as prescribed]. (2) The Panchayat may, for reasons to be recorded in writing refuse to grant the permission under section 68 or to grant or renew a licence or suspend or cancel a licence granted or renewed, under sections 69, 70 and 71 for default of any of the conditions subject to which the licence was granted. 79[(2A) If a Panchayat does not, within a period of thirty days from the date of receipt of the application under subsection (1), determine whether such licence under section 69, 70 or 71 should be granted or not and communicate its decision to the applicant, the Secretary shall forward the application to the Block Development Officer on expiry of such period of thirty days and the applicant may file an appeal within a period of thirty days from the date of expiry of aforesaid period to the Block Development Officer. The Block Development Officer shall, immediately upon receipt of such application from the Secretary or appeal from the applicant, whichever is earlier, proceed to determine whether such licence should be granted or not. If the Block Development Officer fails to determine whether such licence should be granted or not and communicate his decision to the applicant within a period of thirty days from the date of receipt of such application from Secretary or appeal, immediately upon expiration of such period of thirty days, such licence shall be deemed to have been granted to the applicant, subject to the condition that the applicant obtains all the requisite other permissions from other statutory authorities for the purpose of carrying out the activity by virtue of such licence, but not so as to contravene any of the provisions of this Act or of any rules or bye-laws made under this Act or of any other law for the time being in force. 80[(2A) If the Panchayat does not, within a period of seven days from the date of receipt of the application under sub-section (1), determine whether such licence under section 69, 70 or 71 should be granted or not and communicate its decision to the applicant, after expiry of such period of seven days, such licence shall be deemed to have been granted to the applicant, subject to the condition that the applicant obtains all the requisite other permissions from other statutory authorities for the purpose of carrying out the activity by virtue of such licence, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force: Provided that the observations, if any, of the Panchayat in respect of the application under this section to be complied by the applicant shall be communicated by the Panchayat to the applicant compulsorily in one single communication and within a period of three days from the date of receipt of such application. The period between the date of dispatch of such communication by the Panchayat and the date of compliance by the applicant shall not be considered for calculating such period of seven days specified for the purpose of determination of application by the Panchayat.] (2B) Where such licence under section 69, 70 or 71 is deemed to have been granted under sub-section (2A), before proceeding to carry out any activity by virtue of such licence, the applicant shall give intimation notice in such form as prescribed, to the Panchayat and the Block Development Officer 81[within a period of fifteen days from the date on which such license is deemed to have been granted under sub section (2A)] and ---30--- he shall also deposit with the Secretary the fee payable under sub-section (1). The Secretary shall be duty bound to accept such fee and issue proper receipt to the applicant and credit such fee to the Panchayat Fund.] (3) Any person aggrieved by the refusal to grant permission under section 68 or to grant or renew licence, or by the suspension or cancellation of a licence under sub-section (2) may, within thirty days of the date of communication of the order, appeal to the 82[Director] and his decision on such appeal shall be final. 83[72-A. Sealing of premises carrying on any trade and or occupation without licence.— (1) If any person without obtaining a licence from the Panchayat under section 69 or section 70 or section 71 carries on any trade or occupation in any premises within the limits of Panchayat jurisdiction, the Panchayat shall, after giving an opportunity of being heard to such person seal such premises: Provided that if the application for licence is already submitted to the Panchayat, such premises shall not be sealed till such application is rejected on merit: Provided further that no such premises shall be sealed till the expiry of the period given to rectify any defect thereof. (2) An appeal against the order of the Panchayat shall lie before the Director and the decision of the Director in the matter shall be final: Provided that the Director shall not grant any interim relief without hearing the Panchayat.]

Section 72 – The Goa Panchayat Raj Act, 1994 | DailyLaw.ai